Res 278RESOLUTION NO. 278
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
ADOPTING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF POWAY AND
THE POWAY CHAPTER OF THE SAN DIEGO
COUNTY EMPLOYEES ASSOCIATION AND
AMENDING THE FINANCIAL PLAN
FOR FISCAL YEAR 1982-1983
WHEREAS, representatives of the Poway Chapter of the San Diego County
Employees Association and the City of Poway have met and conferred in good
faith in accordance with Government Code Section 3500 in an attempt to
reach a memorandum of understanding regarding wages, hours and other terms
and conditions of employment; and
WHEREAS, as a result of these meetings a recommended memorandum of
understanding has been jointly prepared; and
WHEREAS, the City Council of the City of Poway wishes to adopt said
memorandum of understanding; and
WHEREAS, it is necessary to amend the fiscal year 1982-1983 Financial
Plan to provide for the changes in the Memorandum of Understanding with the
Poway Chapter of the San Diego County Employees Association the Memorandum
of Understanding with the Poway Fire Fighters Association and the Compensa-
tion Plan for the City Manager, City Clerk and the Management Supervisory
and Professional employees of the City.
NOW ,THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
1. That the Memorandum of Understanding between the City of Poway
and the Poway Chapter of the San Diego County Employees Association, which
has been affixed to this resolution and marked Attachment A is hereby adopted.
2. That the Financial Plan for fiscal year 1982-1983 is hereby amended
to provide for changes in the compensation of city employees contained in
the Memorandums of Understanding with the Poway Chapter of the San Diego
County Employees Association and the Resolutions designating the salaries
and benefits for the City Manager, City Clerk and the Management Supervisory
and Professional Employees of the City.
PASSED ,ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting thereof this twenty-seventh (27) day of
Mary S~ardson~ Mayor
ATTEST:
MarjoridK:.~ Wahlsten, City Clerk
MEMORANDUM OF UNDERSTANDING
between
THE CITY OF POWAY
and
THE NON-SAFETY EMPLOYEES
Effective July 1, 1982
ARTICLE 1.
ARTICLE 2.
ARTICLE 3.
ARTICLE 4.
ARTICLE 5.
ARTICLE 6.
GENERAL
1.
2.
3.
MEMORANDUM OF UNDERSTANDING (NON-SAFETY)
TABLE OF CONTENTS
Purpose ........................ Page 1
Scope .................... Page 1
General Provisions ................... Page 1,2 & 3
3a. City Employer-Employee Relations
Resolution ................... Page 1
3b. City Affirmative Action Resolution ....... Page 1
3c. Construction .................. Page 1
3d. City Rights .................. Page 2
Unit Determination ................ Page 2
Jurisdictional Disputes ............. Page 2
Awards ..................... Page 2
Time Spent for Meet and Confer and
Grievances .................. Page 2
Representatives access to work location ..... Page 2
Employee use of City facilities ......... Page 2
Availability of Data .............. Page 2 & 3
SEVERABILITY AND SAVINGS ............... Page 3
SYMPATHY ACTION ..................... Page 3
DURATION OF AGREEMENT ................... Page 4
WAGES ......................... Page 4 & 5
LEa. VE~ ........................ Page 5,6,7,8
t. Vacation ~Ame~d~d.by mi~ute.actio~ ~-~4r8~,.I~em ~3~ . Page 5 & 6
2. Sick Leave .................... Page 6 & 7
3. Holidays ...................... Page 7 & 8
4. Bereavement Leave ................... Page 8
ARTICLE 7.
ARTICLE 8.
ARTICLE 9.
PAYROLL AND WORKWEEK ................... Page 8 & 9
1. General ....................... Page 8
2. Dues Deduction ..................... Page 9
BENEFITS ................... Page 9 & 10
1. Hospital and Medical .................. Page 9
2. Life Insurance ..................... Page 9
3. Long Term Disability Income Insurance ......... Page 9 & 10
SERVICE AND SPECIAL PAY ................. Page 10
1. Tuition Reimbursement ................. Page 10
2. Uniforms and Equipment ................. Page 10 & 11
3. Probation .................... Page 11 & 12
4. Safety ....................... Page 12
5. Acting Pay ....................... Page 12
6. Meal and Rest Periods ................. Page 12
7. Travel Expenses ............. Page 12 & 13
8. Standby Time ...................... Page 13
9. Benefit Day ...................... Page 14
10. Transfers ...................... Page 14
11. Layoff and Reemployment ................ Page 14
12. Resignations ..................... Page 14
13. Credit Union ..................... Page 14
14. Shift Differential .................. Page 15
15. Call-back Time ............... Page 15
ARTICLE 10. RETIREMENT AND SOCIAL SECURITY ............... Page 15
ARTICLE 11o PERSONNEL RULES ..................... Page 15
ARTICLE 12. JOB ACTIONS ..................... Page 16
ARTICLE 13. USE OF GARAGE FACILITIES .................. Page 16
ARTICLE 14. POSTING OF AGREEMENT .................... Page 16
MEMORANDUM OF UNDERSTANDING
This is the memorandum of understanding as provided for in the California
Government Code Sections 3500 through 3510, which is also known as the
Myers-Millias-Brown Act. This memorandum is hereinafter referred to as the
agreement, between the City of Poway, and the representatives chosen by the
majority of the members of the non-safety unit hereinafter referred to as the
Representatives.
This agreement shall become effective when adopted by the City Council of the
City of Poway.
Article 1. General.
Section 1. Purpose. This agreement recognizes the Representatives as the
majority representative of all non-management employees of the City, excluding
the Fire Department personnel, and represents the unit for the matters within the
scope of meet and confer, and the 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
representatives and the City.
Section 3. General Provisions.
3a. City Employer-Employee Relations Resolution.
The 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.
3b. City Affirmative Action Resolution.
The Representatives herein adopt by reference the City Affirmative Action
Resolution and the City Equal Employment Opportunity policy and any subsequent
changes or amendments t~ereto.
3c. Construction.
Tne rights, powers and autnorlty of the C~ty ~ouncil in all matters shall not
be modified or restricted by this agreement. In interpreting tne language of this
agreemens, first the plain meaning of the language shall prevail, then the trade
or industry usage of the language shall be considered, then the intent of the
parties shall be considered.
3d. City Rights.
The rights of the City include, but are not limited to the exclusive right to
determine the mission of its constituent departments, commissions, committees,
and boards; set standards of service; determine the procedures and standards
of selection for employment and promotion; direct its employees; take
disciplinary action; relieve its employees from duty because of lack of work
or for other legitimate reasons; maintain the efficiency of operations; determine
the methods, means and personnel by which operations are to be conducted;
determine the content of job classifications; take all necessary actions to
carry out its mission in emergencies; and exercise complete control and discretion
over its organization and the technology of performing its work.
The 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.
Jurisdictional Disputes. In the event ofjurisdictional disputes
between competing employee organizations or unit claims, the
employees of all units shall continue working under the agreement
in force at the time.
- Awards. Service Recognition and Special Awards shall be granted
or not granted at the discretion of the City Council.
Time Spent for Meet and Confer and Grievances. The City allows
reasonable time off without loss of benefits for a reasonable number
of recognized representatives for the purpose of meet and confer
and for grievance representation. Reasonableness is determined by
the City Manager.
Representatives of employee organizations may be allowed reasonable
access to work location only after they have obtained permission
of the City Manager.
Employee organizations may, with prior approval of the City Manager,
be granted the use of City facilities during non-working hours for
meeting of City employees provided space is available, and provided
further such meetings are not used for organizational activities
or membership drives of City employees.
Availability of Data. The City will make available to employee
organizations such non-confidential information pertaining to
employment relations as is contained in the public records of
the agency, subject to the limitations and conditions set forth
herein and in the California Government Code.
(2)
Such information shall be made available during regular office
hours in accordance with the City's rules and procedures for
making public records available and after payment for reasonable
costs, where applicable.
Information which shall be made available to employee organizations
includes regularly published data covering subjects under discussion.
Data collected on a promise to keep its source confidential may be
made available in statistical summaries, but shall not be made
available in such form as to disclose the source.
Nothing in this procedure shall be construed to require disclosure
of records that are:
(1)
(2)
(3)
Personnel, medical and similar files, the disclosure
of which would constitute an unwarranted invasion
of personal privacy or be contrary to City policy;
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;
Records pertaining to pending litigations to which
the City is a party, or to claims or appeals which
have not been settled;
(4)
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.
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 Representatives nor any
person or persons covered by this agreement shall engage in any sympathy action
or action of any type in support of any other unit or units, person or persons,
or employee organizations not having an agreement in effect with the City.
(3)
Article 4. Duration of Agreement.
This entire agreement shall commence at 12:01 a.m. on July 1, 1982, and
terminate at 11:59 p.m. on June 30, 1983.
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, such new agreement shall be retro-
active to the date of expiration of this agreement or any part of this
agreement.
Article 5. Wages.
The following position classifications are established as full-time at
the salary ranges indicated, for employees in this unit.
Classification Range H 0 U R L Y R A T E S
Title No. A B C D
Account Clerk II
Account Clerk I
Admin. Clerk II
Admin. Clerk I
Admin. Secretary
Building Maint. Worker
Const. Maint. Supervisor
Const. Maint. Worker III
Const. Maint. Worker II
Const. Maint. Worker I
Data Processing Tech.
Deputy City Clerk
Engineering Aide
Equip. Maint. Supervisor
Equipment Mechanic
Laboratory Tech.
Meter Mechanic
Park Ranger III
Park Ranger II
Park Ranger I
150 5.935 6.238 6.556 6.890 7.242
140 5.373 5.647 5.935 6.238 6.556
143 5.536 5.818 6.115 6.427 6.755
133 5.011 5.267 5.536 5.818 6.115
163 6.755 7.099 7.461 7.842 8.242
155 6.238 6.556 6.890 7.242 7.611
190 8.836 9.287 9.761 10.259 10.782
175 7.611 7.999 8.408 8.836 9.285
165 6.890 7.242 7.611 7.999 8.406
155 6.238 6.556 6.890 7.242 7.61]
165 6.890 7.242 7.611 7.999 8.40~
168 7.099 7.461 7.842 8.242 8.66~
173 7.461 7.842 8.242 8.662 9.104
199 9.664 10.157 10.675 11.220 11.791
184 8.324 8.749 9.195 9.664 10.15~
201 9.858 10.361 10.890 11.445 12.02~
174 7.536 7.920 8.324 8.749 9.19~
162 6.688 7.029 7.387 7.764 8.16(
152 6.054 6.363 6.688 7.029 7.38'
142 5.481 5.760 6.054 6.363 6.68~
(4)
Classification Range
Title No.
HOURLY RATES
A B C D E
Parks Maint. Worker III 167
Parks Maint. Worker II 157
Parks Maint. Worker I 147
Personnel Aide 168
Planning Tech. 168
Public Services Inspector 197
Purchasing Technician 165
Recreation Coordinator 172
Recreation Leader 162
Secretary 153
Sec. to the City Manager 168
Sr. Bldg. Maint. Worker 170
Sr. Utilities Sys. Tech. 202
Treat. Plant Oper. III 201
Treat. Plant Oper. II 191
Treat. Plant Oper. I 181
Utilities System Mechanic 182
Utilities System Tech. 192
7.029 7.387 7.764 8.160 8.577
6.363 6.688 7.029 7.387 7.764
5.760 6.054 6.363 6.688 7.029
7.099 7.461 7.842 8.242 8.662
7.099 7.461 7.842 8.242 8.662
9.474 9.957 10.465 10.999 11.560
6.890 7.242 7.611 7.999 8.408
7.387 7.764 8.160 8.577 9.014
6.688 7.029 7.387 7.764 8.160
6.115 6.427 6.755 7.099 7.461
7.099 7.461 7.842 8.242 8.662
7.242 7.611 7.999 8.408 8.836
9.957 10.465 10.999 11.560 12.150
9.858 10.361 10.890 11.445 12.029
8.925 9.380 9.858 10.361 10.890
8.079 8.492 8.925 9.380 9.858
8.160 8.577 9.014 9.474 9.957
9.014 9.474 9.957 10.465 10.999
Merit reviews will be conducted no less frequently than once a year. Performance
review for position of Construction Maintenance Worker I shall be conducted upon
completion of the 2nd, 6th and 12th month of employment.
Article 6. Leaves.
Section 1. Vacation. Ail employees in the unit shall be entitled to
vacation leave with pay except the following: Employees who have served less
than one continuous year in the service of the City.
For the purposes 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
work week.
One day vacation shall be accrued for each month of employment, for a
total of twelve (12) working days per year.
After five (5) years of continuous employment, an additional three (3)
days per year shall be accrued, for a total of fifteen (15) working days per
year.
(5)
After ten (10) years of continuous employment, an additional three (3)
days per year shall be accrued, for a total of eighteen (18) working days
per year.
After fifteen (15) years of continuous employment, an additional two (2)
days per year shall be accrued, for a total of twenty (20) working days per
year.
Vacation time can be accumulated to a maximum of 150% of one year's
eligibility, and accumulation above 150% shall be forfeited.
The times at which an employee may take his vacation shall be determined
by the department head 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.
Employees who terminate employment shall be paid in a lump sum for all
accrued vacation leave earned prior to the effective date of termination,
provided they have served six (6) continuous months with the City and successfully
completed probation.
Section 2. Sick Leave. Sick leave with pay may be granted to all
probationary and regular employees within the unit who are regularly employed
in permanent 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 work week.
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.
In order to receive compensation while absent on such leave, the employee
shall notify his immediate superior or the department head prior to or within
two hours after the time set for the beginning of his duties.
Sick leave over three (3) working days at one time may require certification
by the employee's physician in order to receive compensation. This requirement
is at the discretion of the department head.
(6)
In the event of illness in the immediate family, an employee may use
accrued sick leave not to exceed three (3) days in each calendar year.
Immediate family shall be designated as mother, father, spouse, and dependent
children. Employee must notify supervisor in advance when such leave is being
taken and so note on time card.
After five years of continuous employment with the City and upon termination
or retirement, an employee will receive compensation for unused sick leave.
(a)
(b)
(c)
Upon normal retirement employee will receive 25% of all sick leave
hours accrued. Calculations willl be at the employee's rate of pay
at the time of retirement and ~ill not exceed $3,000.
Upon leaving the employ of the pity for other than retirement,
employee will receive 25% of alil sick leave hours accrued.
Calculations will be at the employee's rate of pay at the time
of termination and will not exceed $1,000.
Section 3. Holidays. The holidays
follows:
Upon the death of an employee, prior to five years of continuous
employment, compensation for, Unused sick leave shall be at the
same rate as the termination benefit. Payment shall be made to
the employee's designated beneficiary.
For employees in this unit are as
New Year's Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
January 1
3rd Monday-February
Last Monday-May
4th of July
1st Monday-September
2nd Monday-October
November 11
Fourth Thursday-November
Fourth Friday-November
25th of December
Holidays falling on Sunday shall be gbserved on the following Monday.
Holidays falling on Saturday shall be observed on the preceding Friday and
shall be considered as the legal holiday.I
For the purpose of computing holiday!pay, a working day shall be
considered as 1/5 of the number of workin~ or duty hours in the established
work week. ~
In addition to regular pay for hoursiworked, employees in this unit
shall be paid holiday pay, whether on or ~ff duty on the holidays above.
(7)
Payment of two (2) times the employee's regular hourly rate of pay
shall be paid for all unscheduled hours worked on a holiday.
Section 4. Bereavement Leave. In the event of a death in the family, a
regular employee shall be eligible for 1-5 days off with pay to attend the
funeral, subject to the following provisions:
a. The relatives designated shall include father, mother, father-in-law,
mother-in-law, wife, husband, brother, sister, daughter, son, grandparents,
brothers and sisters having one parent in common, and those relationships generally
called "step" providing persons in such relationships have lived or have been
raised in the family home and have continued an active family relationship.
b. To be eligible for bereavement leave, the employee must attend or
make bona fide effort to attend the funeral.
c. Pay for compensable bereavement leave shall be in the same amount as
pay for sick leave for the same period.
d. Bereavement leave is not compensable when the employee is on leave of
absence, vacation, bona fide lay off, or for days falling outside the employee's
regular work period.
e. It is not chargeable against sick leave.
f. Ail requests for paid bereavement leave shall be subject to approval
of the Personnel Officer.
Article 7. Payroll and Work Week.
Section 1. General. Regular pay days are designated as every other
Friday for the two week period ending the previous Sunday. In no event shall
the City advance pay, including pay for earned vacation, without the prior
written approval, on a case by case basis, by the City Manager. Requests
for advance vacation pay must be made prior to the end of the pay period for
which pay is to be received.
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 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.
Employees designated part-time and who work at least 1,040 hours per year
shall only be eligible to receive fifty per cent (50%) of the benefits set
forth in Article 6, Section 2 and in Article 9, Section 2.
(8)
For full-time employees, unscheduled hours worked on Sundays and
holidays shall be paid for at double the employee's rate of pay.
Public Services and Administrative Services field employees in this unit
shall be paid one and one-half (1 1/2) times that employee's hourly rate of
pay for all hours worked in excess of 8 hours in one day or 40 hours in one
work week. All other employees in this unit shall be paid one and one-half
(1 1/2) times that employee's hourly rate of pay for all hours worked in
excess of 40 hours in one work week.
Section 2. Dues Deduction. Upon written request to the Personnel Division,
employees may elect to pay dues to the San Diego County Employees' Association,
through payroll deduction. Check will be made payable to the San Diego County
Employees' Association, only.
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).
The City shall pay $5.00 above one-half of the cost for dependent medical
coverage and/or one-half of the cost of dependent dental coverage. The maximum
amount the City will pay for dependent medical and dental coverage is $5.00
above $71.72 and/or $14.38 respectively. The $5.00 may be applied to the City
share of the medical or dental coverage. If at any time during the life of this
agreement the cost of dependent health or dental coverage shall increase above
the current maximum, the City shall agree to pay one-half the amount of the
increase~. Any increases subsequent to the expiration of this agreement shall
be subject to meet and confer for future agreements.
The employee's share of the cost will be made through payroll deduction.
Those employees who do not have dependent insurance shall receive an additional
$5.00 per month on their payroll check.
Section 2. 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 times annual income ($10,000 minimum.)
Section 3. Long Term Disability Income Insurance. This employee benefit
provides for the payment of a monthly income benefit payment for those covered
employees totally disabled by injury or sickness.
The monthly benefit provided under this coverage will be 60% of the employee's
monthly earnings to a maximum of $1,000 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 3_~0day waiting period
from the first day of the disability to the beginning of the monthly benefit
payment period.
(9)
Monthly benefits are paid, with certain exceptions, as explained in
the Group Insurance handbook, until the recovery from the injury or sickness
or until the employee reaches age 65.
The City pays 100% of the premium.
An employee may use sick leave and vacation to supplement coverage
under this benefit up to, but not in excess of 100% of his regular rate of
pay.
Article 9. Service and Special Pay.
Section 1. Tuition Reimbursement. The actual cost paid for tuition,
books and required technical supplies and equipment to a maximum of $150 per
fiscal year per employee will be refunded to all permanent City employees for
professional and technical courses in accredited educational institutions
provided that:
2o
The employee has received at least a satisfactory proficiency rating
on his/her last performance report.
The subject matter of the course relates directly to and contributes
toward the performance of the employee's position with the City.
The employee must submit a Request for Refund of Tuition and Cost of
Books form to the department head and Personnel within three (3)
weeks after the beginning of the class.
Before receiving reimbursement the employee shall furnish documentation
proof of pay and shall provide evidence that he/she has completed
the course with a grade of "C" or better in undergraduate work or a
grade of "B" in graduate work. A grade of "C" or better will be
accepted for graduate work from institutions where an average grade
of "C" is acceptable for graduation. A "pass" will be accepted for
undergraduate classes where a pass/fail grading system is used.
5. Textbooks and equipment paid forby the City shall become the property
of the City. Reimbursement for texts and equipment will be approved
only if the text or equipment were not available from the City.
Section 2. Uniforms and Equipment. The City will provide and maintain
all uniforms that are required by the City for Public Services and Administrative
Services field employees as follows:
Safety shoes shall be worn by employees so required by the City,
and the employee shall be reimbursed a maximum of $50.00 per year
for the purchase of safety shoes. All other safety clothing
required in the performance of duties shall be furnished by the City.
(10)
b. The City will provide and maintain eleven (11) sets of uniforms
for employees in this classification.
c. Standards of maintenance of uniforms and equipment shall be
determined by the City, and employees must maintain these standards.
For the Community Services Department employees in this unit, the City will
provide uniforms that are required bythe City in accordance with the following:
a. A one time clothing allowance of $125.00 will be granted after an
employee successfully completes the initial probationary period;
b.A maintenance and replacement allowance of $125.00 shall be allocated
to each employee annually;
c.Standards of maintenance of uniforms and equipment shall be determined
by the City, and employees must maintain these standards.'
For Community Services Department employees designated part-time and who
work at least 1,040 hours per year, the City will provide uniforms that are
required by the City in accordance with the following:
a. A one time clothing allowance of $75.00 will be granted to employees
in this classification after successfully completing the initial
probationary period.
b.A maintenance and replacement allowance of $75.00 shall be allocated
to each employee in this classification annually.
c. Standards of maintenance of uniforms and equipment shall be
determined by the City, and employees must maintain these standards.
For office employees in the unit the City will provide uniforms that are
required by the City in accordance with the following:
A one time only clothing allowance of $125",00 f~r the fiscal year ending
June 30, 1983, will be granted to office employees who have successfully
completed their initial probationary period before December 31, 1982.
Section 3. Probation. All appointments, including promotional appointments,
shall be for a probationary period of not less than six 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 has been promoted shall be reinstated to a position in the class from
which he was promoted unless he is discharged from the City.
A supervisor may, with concurrence of the department head, require an
extension of an initial probationary period, upon a less than satisfactory performanc~
evaluation.
(11)
On recommendation of his supervisor a non-probationary employee may be
placed on special probation, however, he shall have the right of direct appeal
of the special probation to the City Manager. The City Manager must be
notified of the employee's desire to appeal the special probation within ten
(10) calendar days of the employee's having been placed on special probation.
Section 4. Safety. The unit adopts the following by reference:
The City has a Central Safety Committee with representatives
from all units;
- The City and all employees shall comply with any applicable
Federal and State law;
The City and all employees shall comply with any policy and/or
procedure which may from time to time be promulgated by
the City Council.
Section 5. Acting Pay. An employee acting for an uninterrupted period
of 15 working 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
15 working days. Under no circumstance shall the rate of compensation be less
than 5% above the employee's current r~te of
pay.
At the conclusion of such an assignment the employee shall be restored to
his/her former classification regardlelss of the time involved. The employee may
also be considered for promotion to th~ higher position on a permanent status
if it were deemed by the City to be vacant. This provision shall not be applicable
to bona fide education, training and d~velopment, job enlargement or enrichment.
The employee will be notified in advan=e as to the nature of this assignment.
Section 6. Meal and Rest Periodsi. Meal periods and rest periods will be
permitted at scheduled intervals, and iinsofar as practicable and consistent
with operational interests.
An employee shall be notified whether his meal period is considered an on
duty meal period or an off duty meal ~eriod, and employees having on duty meal
periods shall be compensated for the meal period as hours worked.
In the event an employee is requi~ed to work in an emergency in excess of
12 consecutive hours, the City shall pay the cost of a meal in the amount of $4.00.
An emergency is an unpredictable,! unavoidable occurrence, at unscheduled
intervals, and requiring immediate attention.
Section 7.
7a.
Travel Expenses.
Prior approval of the departmont head and final approval
of the C~ty Manager sh~ll be required prior to reimbursement
for travel expenses.
(12)
7b.
Employees using their own vehicle on approved City business
travel will be reimbursed at the rate of thirty cents
($.30) per mile.
7c. Employees on approved official business away from the City
will be reimbursed for actual and necessary expenses incurred.
7d. In order to be reimbursed, employees must include original
receipts for all expenses with the reimbursement claim form.
7e. Advances of travel expenses may be allowed at the sole discretion
of the City Manager.
Section 8. Standby Time. A. FieldForces. The City shall maintain a list
of eligible Public Services and Administrative Services field, personnel who have
agreed to stand by for call-back as required. Each employee shall be paid on the
last full pay period of the month a share of $610 per month which shall be divided
equally among those on the list.
To be eligible, an employee must live within the City limits of Poway and
must have attained appropriate experience in City policies and procedures and
the operation of City equipment as determined by the Public Services Operations
Manager.
There shall be two (2) standby duty periods per week, 7:00 p.m. Monday to
5:00 p.m. Friday and 5:00 p.m. Friday to 7:00 a.m. Monday. Employees shall be
assigned to one of these shifts on a rotational basis by taking into consideration
the needs of the City and the convenience of the employees involved. Employees
shall be authorized to make arrangements among themselves to trade off shifts or
to standby for another employee on standby duty provided that the employee assigned
the duty notifies thePublic Services Construction Maintenance Superintendent or
the Public Services Operations Manager and the water treatment plant personnel of
the change. Employees who are assigned standby duty shall be authorized the use of
a City truck and a pager. 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-back. 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.
It is the responsibility of the employee assigned to the standby duty to be
available when called and to remain within the City when on standby duty, unless
properly relieved as noted above. Employees assigned standby duty shall be eligible
for overtime at time and one-half for a minimum of two (2) hours each time they
are called back to duty.
It is agreed that if this procedure does not operate to the satisfaction
of the Public Services Operations Manager that the procedure is subject to be
revised as necessary following consultation with representatives of this unit.
B. Filtration Plant. When an employee in the Public Services Department
filtration plant forces is required to be available for duty and is required to
perform duty at night, on weekends, or holiday duty, he/she shall receive an equitable
share of a lump sum of $150 per month. This lump sum allowance for standby duty
shall be distributed as determined by the employees standing duty.
(13)
Section 9. Benefit Da~. 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 one benefit day off each fiscal year.
The times at which an employee may take his benefit day off shall be determined
by the department head with due regard for the wishes of the employee and particular
regard for the needs of the City. Remuneration for the benefit day shall be in
accordance with the schedule of pay for one working day of vacation. If not
taken during the fiscal year the benefit day shall be forfeited.
Section 10. 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 11. 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.
Persons to be laid-off shall be given at least ten (10) calendar days prior
notice, and they shall be maintained on a reemployment list for a period of
twelve (12) months.
The order of reemployment after lay-off shall be based on prior performance
and seniority as determined by the City.
Section 12. Resignations. An employee wishing to resign in good standing
shall file with the department head a written resignation stating the effective
date and reasons for resignation at least two weeks prior to the effective date
of resignation.
The City will pay an employee for all hours worked within 72 hours after
termination, and will thereafter pay all accumulated reimbursable benefits as
early as feasible.
An employee who has resigned with a good record will be given preferential
consideration for rehire if a position is available. Decision to rehire is at
the discretion of the City, and the employee will not reestablish rights and/or
benefits lost at the time of resignation.
An e~loyee 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.
Section 13. Credit Union. Employees may elect to make credit union
contributions through payroll deduction.
(14)
Section 14. Shift Differential. Filtration Plant employees required to
work the afternoon and evening shift (3:00 p.m. to 11:00 p.m.) shall be entitled
to shift differential pay of $0.25/hour in addition to their regular hourly
rate of pay. Filtration Plant employees required to work the night shift
(11:00 p.m. to 7:00 a.m.) shall be entitled to receive additional shift
differential pay of $0.50/hour in addition to their regular rate of pay.
Comx~unity Services Department employees in the Park Ranger I and Administrative
Clerk classifications, who are required to work the evening shift from (3:00 p.m.
to 11:00 p.m.) shall be entitled to shift differential pay of $0.25/hour in
addition to their regular hourly rate of pay. The Recreation Leader assigned
to the evening shift at the Comunity Center for a minimum period of three (3)
months shall also receive a twenty five cents ($.25) per hour differential while
so assigned.
Section 15. Call-back Time. Employees called back to work after expiration
of their normal work day to perform emergency work shall be guaranteed minimum
call-back time of two (2) hours at the rate of one and one-half times their
regular rate of pay.
Article 10. Retirement and Social Security.
The City will provide retirement benefits through the Public Employees'
Retirement System. The City does not participate in the Social Security System.
Effective at the start of the pay period beginning July 5, 1982, the City
will begin paying six (6) percent of the employee's contribution into the
Public Employees' Retirement System in addition to the normal employer's contribution.
The six (6) percent payment shall be made to PERS in the name of the employee
to be credited to the employee's account with PERS. The City shall annually
notify the employee of the annual and total contribution made to PERS on behalf
of the employee.
The City shall amend its contract with the Public Employees' Retirement
System to provide the 1959 Survivors Benefit Option. The contract shall be so
amended as soon as practicable.
Article 11. Personnel Rules.
Ail other employee rights, privileges, and benefits will be included in the
Personnel Rules of the City of Poway.
The following items, which were a part of the previous Memorandum of
Understanding are still in force and effect until the adoption of the formalized
Personnel Rules by the City of Poway.
A. Special Pay Rules
B. Leaves of Absence
C. Military Leave
D. Jury Duty
E. Workers' Compensation Insurance
F. State Disability Insurance
Go
Grievance Procedure
Prohibitions
1. Moonlighting
2. Garnishment
3. Suspension/Dismissal
4. Loss or Damage
(15)
Article 12. Job Actions.
The Association 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 13. Use of Garage Facilities.
In the past, employees of the Public Services Department were allowed to
utilize the lift at the City garage facilities after hours to work on their
private vehicles. This practice was stopped because of liability insurance
reasons and because it is not the practice of the City to allow employees to
utilize City facilities for their own use. However, the City agrees to form
a committee of representatives from the Association and the City to review
this matter to see if there is some means to allow employees the use of this
piece of equipment by having the employee pay for added liability insurance and
a minimal equipment rental fee.
Article 14. Posting of Agreement.
A copy of this agreement will be initially distributed to all employees,
given to all new employees hired into~the unit after July 1, 1982, and made
available at the Filtration Plant, the Operations Center, Community Services
Facilities, the Accounting Office, and with each Department Head.
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:
er
For the Representatives:
-~1 Fer~ee, ~i~t/d Represent. ative, SDCEA
Charlotte Collins
Edwar~d ~ O'tReilly /
~ristopher ~obinso~ - ~ ~
James W. Rosson ~----.~.
(16)