Res 83-047I~SOLUTION NO. 83-047
A ~ESOLUTION OF THE CITY (DUNCIL
OF THE CITY OF POWAY, CALTFO~IA,
ADOPTING M~DRANDUF~ OF UNDERSTANDING
BETW~:,~ THE CITY OF POWAY AND
THE POWAY (F~/~I~R OF THE SAN DING0
GOUNTY ~MPLOY~m~ ASSOCIATION AND
THE POWAY FIRE FI~fERS ASSOCTATION AND
AM~gDING THE FINANCIAL PLAN
FOR FISCAL YEAR 1983-1984
~IEI~_AS, representatives of the Poway Chapter of the San Diego Gounty
Employc~ Association and representatives of the Poway Fire Fighters Association
have both met and conferred in good faith with representatives of the City of
Poway in accordance with Government Gode Section 3500 in an attempt to reach a
m~morandnm of understanding regarding wages, hours and other terms and con-
ditions of ~%k~lo~ment; and
~E~_AS, as a result of these meetings, rec~,~_nded meaorandtm~s of under-
standing have bccn jointly prepared; and
~E~AS, the City Gouncil of the City of Poway wishes to adopt said me~D-
randuns of understanding; and
~EREAS, it is necessary to nmend the fiscal year 1983-1984 Financial Plan
to provide for the changes in the Me~Drandnm of Understanding with the Poway
Chapter of the San Diego Gounty f~ployees Association and the Me~orandnm of
Understanding with the Poway Fire Fighters Association.
NOW, THEREFORE, THE CITY GOUNCIL OF THE CITY OF POWAY, CALIFOI~gIA, DOES
HE~Y RESOLVE, DECLARE, DETEI%tINE AND O~DER AS FOLLOWS:
0
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.
The the M~morand~ of Understanding between the City of Poway and the
Poway Fire Fighters Association, which has bc~n~ affixed to this resolu-
tion and marked Attad~ment B is hereby adopted.
That the Financial Plan for fiscal y~r 1983-1984 is hereby 8mended to
provide for changes in the compensation of city ~mployees contained in
the Memorandums of Understanding with the Poway Chapter of the San
Diego O~unty Employees Association and the Poway Fire Fighters
Association.
PASS~D, ADOPTfl) AND APPNDVED, by the City Gouncil of the City of Poway,
California, at a regular m=cting thereof this 28th day of June, 1983.
M jorieK. Wahlsten, City Clerk
Linda L. Oravec, Mawr
M]/~ OF UI~AI~ING
betwee~
T~ CITY OF POWAY
and
T~. NON-SAFETY H~I.O~
Effective July 1, 1983
AR~ICrR 2.
ARTICLE 3.
AR~I~,~. 4.
AR~I~.R 5.
ARtieR 6.
M~orar~l~m of Understanding
(NON-SAFETY)
Table of Conte~ts
2. Scope .......................
3. General Provisions .................
A. City ~ployer/Employee Relations
Resolution ..................
B. city Affirmative Action R~solution ......
C. (bnstruction .................
D. City Rights ..................
Unit Determination ..............
Jurisdictional Disputes ............
Awards ...............
Time Spent for Meet & ODnfer and
Grievances ............
R~resentatives Access to Work Site ......
~ploycc Use of City Facilities ........
Availability of Data .............
SEVERABILITY AND SAVINGS ................
SYMPATHY ACTION .....................
DURATION OF ~I~NT ..................
]' ,~AVES ........................
1. Vacation ....................
2. Sick Leave ...................
3. Holidays .....................
4. Bereavenent Leave ................
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AR~ICTR 7.
AR~IC~ .w. 8.
ARTICLE 10.
ARTICLE 11.
AR~I _~R 12.
ARtiCLE 13.
AI~ICLE 14.
Ai~I~ ,~. 15.
PAYRDT,T. & V~)~{ WRRK ...................
1. General .....................
2. Dues Deduction ...................
1. Hospital and Medical ................
2. Life Insurance ...................
3. Long Term Disability Inoome Insurance .......
SERVICE & SPECIAL PAY ..................
1. Tuition & Reimburs~nent ........
2. uniforms & ~quilznent ................
3. Probation .....................
4. Safety .......................
5. Acting Pay .....................
6. Meal & Rest Periods ................
7. Travel Expenses ..................
8. Standby Time ..............
9. Benefit Days ....................
10. Transfers .....................
11. Layoff and R~:~loyment ..............
12. Resignations ....................
13. Credit Union ....................
14. Shift Differential ................
15. Call-Back Time ...................
GRIEVANCE pBDCRDUI~ ...................
RETIR~4HIqT A~) SOCIAL SECURITY .............
PERSONNEL N3T,~ .....................
JOB ACTIONS .......................
~CE OF MEMBEI~HIP ................
POSTING OF AGRRW~NT ..................
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/,~D~ OF ~)~A~ING
This is the m~Drandum of understanding as provided for in the California
Government Oode Sections 3500 through 3510, which is also known as the
Myers-Millias-Brown Act. This m~orand~n is hereinafter referred to as the
agrc~---aent, 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 agreenent recognizes the Rs~resentatives as the majority representative of
all non-managenent and non-confidential ~ployc~ of the City, excluding the
Fire Department personnel, and represents the unit for the matters within the
scope of meet and confer, and the R~presentatives accept the duty of fair repre-
sentation in mcct and confer and under this agreenent.
Section 2. Scope.
Meet and confer is limited to wages, hours, and other terms and conditions of
employment, and shall not include any itens not covered by this agreement or
adopted by reference in this agreement or any subject preempted by Federal or
State law. ~e_ndments to this agreenent 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.
ao
City Employer-~mploycc Relations R~solution. The Representatives
herein adopt by. reference the City Employer-~ployee Relations
Resolution in its present form and as it may be from time to time
amended by the City Council.
Be
City Affirmative Action Resolution. The Rs~resentatives herein adopt
by reference the City Affirmative A~tion Resolution and the City ~qual
Employment Opportunity policy and any subsequent changes or amendments
thereto o
Ce
Construction. The rights, powers and authority of the City Council in
all matters shall not be modified or restricted by this agreenent. In
interpreting the language of this agrc~--aent, first the plain meaning of
the language shall prevail, then the trade or industry usage of the
lan~_age shall be considered, then the intent of the parties shall be
considered.
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D. City Rights. The rights of the City include, but are not limited to
the exclusive right to determine the mission of its constituent depart-
m~nts, commissions, c~,,t%ittees, and boards; set standards of service;
determine the procedures and standards of selection for ~t~loyment and
promotion; direct its ~,%~loyees; take disciplinary action; relieve its
e~ployees from duty because of lack of work or for other legitimate
r~.~ons; maintain the efficiency of operations; determine the methods,
m~ns 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:
1. unit Determination. The City reserves the privilege of establishing
units for meet and confer.
2. Jurisdictional Disputes. In the event of jurisdictional disputes bet-
we~n competing e~ployee organizations or unit claims, the e~ployc~ of
all units shall continue working under the agrc~-nent in force at the
time.
3. ~ards. Service Recognition and Special Awards shall be granted or not
granted at the discretion of the City Oouncil.
4. Time Spent for Meet and fbnfer and Grievances. The City allows r~.~on-
able time off without loss of benefits for a r~.~onable number of
recognized representatives for the purpose of meet and confer and for
grievance representation. Re~onableness is determined by the City
M~nager.
5. Representatives of ~%~loyee organizations may be allowed r~onable
access to work location only after they have obtained permission of the
city Manager.
6. ~mploycc organizations may with prior approval of the City Manager, be
granted the use of City facilities during non-working hours for w=cting
of City ~loyees provided space is available, and provided further
such meetings are not used for organizational activities or m~nbership
drives of city e~ploy~.
7. Availability of Data. The City will make available to ~-~loyee organi-
zations such non-confidential information pertaining to ~k~loyment
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 Oode.
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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 oosts, where
applicable.
Information which shall be made available to ~.~loyee organizations
includes regularly published data covering subjects under discussion.
Data collected on a promise to kee~ its source confidential may be made
available in statistical s~%~%ries, 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:
a. personnel, medical and similar files, the disclosure of which
would constitute an unwarranted invasion of personal privacy or be
contrary to City Policy;
b. Working papers or memoranda which are not retained in the ordinary
course of business or any records where the public interest served
by not making the record available clearly outweighs the public
interest served by disclosure of the record;
c. Records pertaining to pending litigations to which the City is a
party, or to claims or appe~ ls which have not been settled;
d. Nothing herein shall be construed as requiring the City to do
res~rch for an inquirer or to do programming or assemble data in
a manner other than usually done by the City.
Article 2. Severabilit¥ and savings.
If any portion of this agr~-----~ent, or the application of such portion to any per-
son or circ%m~stance, shall be invalidated by judicial or legislative action, the
remainder of this agrc~-~mnt, 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. S~m~athy Action.
During the term of this agreenent, 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 agreenent in effect with the City.
Article 4. Duration of Agreement.
This entire agre~nent shall co,hence at 12:01 A.M. on July 1, 1983, and ter-
minate at 11:59 P.M. on June 30, 1984.
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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 oontinue operating under the pro-
visions of this agrc~a, ent until such time as a new agre~nent is reached, pro-
vided, however, such new agreement shall be retroactive to the date of
expiration of this agrc~--a~t or any part of this agreement.
Article 5. Wa~ee.
The following position classifications are es~mhlished
salary ranges indicated, for ~loyees in this unit.
as full-time at the
Classification Range H O U R L Y R A T E S
Title No. A B C D
E
Acoount Clerk II 154 6.176 6.491
Account Clerk I 144 5.591 5.876
Actninistrative Clerk II 147 5.760 6.054
A~ninistrative Clerk I 137 5.215 5.481
Admin. Secretary 167 7.029 7.387
Building Maint. Worker 159 6.491 6.822
Gonst. Maint. Supervisor 194 9.195 9.664
Gonst. Maint. Worker III 179 7.920 8.324
Gonst. Ma~nt. Worker II 169 7.170 7.536
Gonst. Maint. Worker I 159 6.491 6.822
Cust_r~er Services Worker 172 7.387 7.764
Engineering Aide 177 7.764 8.160
Equip. Maint. Supervisor 203 10.056 10.570
Equil~nent Mechanic 188 8.660 9.104
Laboratory Technician 205 10.258 10.783
Meter Mechanic 178 7.842 8.242
Park Ranger III 166 6. 959 7. 314
Park Ranger II 156 6.300 6.621
Park Ranger I 146 5.703 5.994
Parks Maint. Worker III 171 7.314 7.687
Parks Maint. Worker II 161 6.621 6.959
Parks Maint. Worker I 151 5.994 6.300
Planning Teohnician 172 7.387 7.764
Public Services Inspector 201 9.860 10.362
Purchasing Technician 169 7.170 7.536
Recreation Goordinator 176 7.687 8. 079
Recreation L~m~er 166 6.959 7.314
6.822 7.170
6.176 6.491
6.363 6.688
5.760 6.054
7.764 8.160
7.536
6.822
7.029
6.363
8.577
7.170 7.536 7.920
10.157 10.675 11.220
8.749 9.195 9.664
7.920 8.324 8.749
7.170 7.536 7.920
8.160 8.577 9.014
8.577 9.014 9.474
11.109 11.675 12.271
9.571 10.056 10.570
11.331 11.908 12.519
8.662 9.104 9.569
7.687 8.079 8.492
6.959 7.314 7.687
6.300 6.621 6.959
8.079 8.492 8.925
7.314 7.687 8.079
6.621 6.959 7.314
8.160 8.577 9.014
10.892 11.446 12.029
7.920 8.324 8.749
8.492 8.925 9.380
7.687 8.079 8.492
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Classification ~ange H 0 U R L Y R A T E S
Title No. A B C D
Secretary 157 6.363 6. 688 7.029 7.387 7.764
Sr. Bldg. Maint. Worker 174 7.536 7.920 8.324 8.749 9.195
Sr. Utilities Sys. Techn. 206 10.362 10.892 11.446 12.029 12.640
Storek~er 155 6.238 6.556 6.890 7.242 7.611
Treat. Plant Oper. III 205 10.258 10.783 11.331 11.908 12.519
Treat. Plant Oper. II 195 9.288 9.762 10.258 10.783 11.331
Treat. Plant Oper. I 185 8.406 8.838 9.288 9.762 10.258
Utilities System Mechanic 186 8.492 8.925 9.380 9.858 10.361
Utilities System Tech. 196 9.380 9.860 10.362 10.892 11.446
Merit reviews will be conducted no less frequently than once a y~r.
mance review for position of Gonstruction Maintenance Worker I shall
ducted upon completion of the 2nd, 6th and 12th month of ~-~loyment.
Article 6. Leaves.
Per for-
be con-
Section 1. Vacation.
All ~t-~loyees in the unit shall be entitled to vacation leave with pay except
the following: Employees who have served less than six continuous months in the
service of the City.
For the purposes of __ngmputing annual vacation leave, a working day shall be con-
sidered 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 y_~ar.
After five (5) years of continuous ~l~ployment, an additional three (3) days per
year shall be accrued, for a total of fifteen (15) working days per
After ten (10) y~rs of continuous ~-~loyment, an additional three (3) days per
y_~ar shall be accrued, for a total of eighteen (18) working days per y~r.
After fifteen (15) y~rs of continuous ~t-~loyment, 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 y~r's eligibility,
and accumlation above 150% shall be forfeited.
The times at which an ~-~loyee may take his vacation shall be determined by the
department bea~ with due regard for the wishes of the ~L~loyee and particular
regard for the needs of the City.
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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 e~ployment shall be paid in a lu,~ sum for all accrued
vacation leave ~rned prior to the effective date of termination, provided they
have served six (6) continuous nDnths with the City and successfully completed
probation.
Section 2. Sick Leave.
Sick leave with pay may be granted to all probationary and regular ~¥~loyees
within the unit who are regularly ~mployed 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 ~loyment, for a
total of twelve (12) working days per y~ar.
Sick leave shall be granted to an ~loyee only for actual working time off.
Accumulation of sick leave shall be unlimited.
In order to receive compensation while absent on such leave, the ~loyee shall
notify his L,~L%ediate superior or the department he~ 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 ~k~loyee's physician in order to receive compensation. This requir~nent is
at the discretion of the department head.
In the event of illness in the in~ediate fs~nily, an eYkoloyee may use accrued
sick leave not to exceed three (3) days in each calendar y~ar. l.,,L~ediate family
shall be designated as mother, father, spouse, and dependent children. ~mploycc
must notify supervisor in advance when such leave is being taken and so note on
time card.
After five (5) ymars of continuous ~loyment with the City and upon termination
or retirenent, an e~ployee will receive compensation for unused sick leave.
Upon normm] retirement employee will receive 25% of all sick leave
hours accrued. Calculations will be at the e~ploycc's rate of pay at
the time of retirement and will not exceed $3,000.
Be
Upon leaving the ~loy of the City for other than retirement, ~k01oyee
will receive 25% of all sick leave hours accrued. Calculations will be
at the ~ployee's rate of pay at the time of termination and will not
exceed $1,000.
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Ce
Starting July 1, 1984, an e~ploycc can annually convert to pay up to
25% of their annn~l unused sick leave balance, if the ~,~loyee has used
less than 40 hours of sick leave during the y~ and will have a mini-
mt~n balance of 192 hours of accumulated sick leave after the conver-
sion. If the ~,~loyee converts the 25% of the annual unused sick leave
accumulation to cash, the ~'~k~loyee shall forfeit twice the number of
hours converted. The remaining unused balance accrued during the year
shall be accounted for in a seek%rate sick-leave balance that will be
available for Use by the u~ployee in the event all other sick leave is
exhausted. As an example, an ~mployee who has used no sick leave
during y_~r my convert three (3) days (24 hours) to cash. The
~%~loyee would forfeit six (6) days accumulation (48 hours). The
r~maining six days (48 hours ) would be placed in a separate account for
use in the event all other sick leave is exhausted. The ~,~loyee would
not be eligible for any compensation upon termination or retirement for
this separate sick leave balance. All other sick leave accrued shall
be eligible for conversion to cash upon termination, retirement, or
death in accordance with subsections A, B and D.
E~ployee will be authorized to convert sick leave once annually. The
conversion may be made during the first pay period in July.
Upon the death of an ~loyee, prior to five (5) y~rs of continuous
employment, compensation for unused sick leave shall be at the ssme
rate as the termination benefit. Payment shall be made to the
e~oloycc's designated beneficiary.
Section 3. Holidays.
The holidays for ~,~loyees in this unit are as follows:
New y~r' s Day
Washington ' s Birthday
M~orial Day
Independence Day
Labor Day
Veteran ' s Day
Thanksgiving Day
Day after Thanksgiving
Chr ist~.~ Day
January 1
3rd Monday-FebD3ary
Last Monday-May
July 4
1st Monday-Sept e~ber
Nov~aber 11
4th Thursday-Novenber
Fourth Friday-Novenber
Dece~_r 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 con-
sidered as the legal holiday.
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 work week.
In addition to regular pay for hours worked, ~loyees in this unit shall be
paid holiday pay, whether on or off duty on the holidays above.
Payment of two (2) times the u~loyee's regular hourly rate of pay shall be paid
for all unscheduled hours worked on a holiday.
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Section 4. Breavement Leave.
In the event of a death in the family, a regular ~mployee 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, grand-
parents, brothers and sisters having one parent in conmDn, and those
relationships generally called "step" providing persons in sud~ rela-
tionships have lived or have b~n raised in the family home and have
continued an active family relationship.
B. To be eligible for bereav~nent leave, the ~ployee must attend or make
bona fide effort to attend the funeral.
C. Pay for compensable bereavenent leave shall be in the same amDunt as
pay for sick leave for the s~ne period.
D. Bereavement leave is not compensable when the ~;~loyee is on leave of
absence, vacation, bona fide lay-off, or for days falling outside the
~loyee's regular work period.
E. It is not d~arg_~hle against sick leave.
F. All requests for paid bereaveaent 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 ea_rned vacation, without the prior written approval, on a ca.~e-by-case
basis, by the City Manager. R~quests for advance vacation pay must be ma_de
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 fr~n Monday through
Sunday is established at 40 hours for all full-time ~mployc~ in the unit.
For ~L~loyees regularly working less than 40 hours in one week, or designated as
part-time or t~-~orary e~ployees, 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.
f~ployees designated part-time and who work at lea~t 1,040 hours per y~ar shall
only be eligible to receive fifty percent (50%) of the benefits set forth in
Article 6, Section 2 and Article 9, Section 2.
For full-time e~ployees, unscheduled hours worked on Sundays and holidays shall
be paid for at double the e~ployee's rate of pay.
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Public Services and Administrative Services field ~loyees in this unit shall
be paid one and one-half (1½) times that ~L~loyee's hourly rate of pay for all
hours worked in excess of eight (8) hours in one day or 40 hours in one ~rk
week. All other ~L~loyees in this unit shall be paid one and one-half (1½)
times that ~mployee's hourly rate of pay for all hours w~rked in excess of 40
hours in one ~rk week.
Section 2. Dues Deduction.
Upon written request to the Personnel Division, ~rloloyc.~ my elect to pay dues
to the San Diego O~unty ~mployees' Association through payroll deduction. ~heck
will be made payable to the San Diego fbunty E~ployees' Association only.
Article 8. Benefits.
Section 1. Hospital and Medical.
The first day of the month following date of hire, an ~f~loyee, upon proper
application and acceptance, shall be oovered by health and dental benefits with
ooverage as set forth frcm time to time in the agrc~n, ent between the City and
the carrier(s).
The City shall pay $5.00 above one-half of the cost for dependent medical
coverage amx~/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 my 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 incremme above
the current maximin, the City shall agree to pay one-half the amount of the
incr~me. Any incr~ames subsequent to the expiration of this agrc~--aent shall be
subject to meet and confer for future agreenents.
The e~ployee'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 e~ployee, upon proper
application and acceptance by the insurance carrier, shall be covered under a
group life insurance plan for the ~rount of one times annual inoome ($10,000
minimum) o
Section 3. Long-Term Disability In__~om~e Insurance.
This ~%~loyee benefit provides for the payment of a monthly inoome benefit
payment for those covered ~nployc~ totally disabled by injury or sickness.
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The monthly benefit provided under this coverage will be 60% of the ~oloyee's
monthly ~rnings to a maximum of $1,000 per month. The insurance carrier is
responsible for calculating the exact benefit ~m~unt, based on each individual's
income status.
The insurance carrier for this coverage requires a thirty (30) day waiting
period frcm 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 frcm the injury or sickness or until the
~-~loyee reaches age 65.
The City pays 100% of the pr~ni~.
An e~ployee my 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 maximun of $150 per fiscal y~ar per e~ployee, will be refunded
to all permanent City ~loyees for professional and technical courses in
accredited educational institutions provided that:
1. The ~L~loyee has received at l~.~t a satisfactory proficiency rating on
his/her last performance report.
2. The subject matter of the course relates directly to and contributes
toward the performance of the ~loyee's position with the City.
3. The ~'Lk~loycc must sukanit a Request for Refund of Tuition and Cost of
Books form to the department head and Personnel within three (3) ~ks
after the beginning of the class.
4. Before receiving reimbursement the ~loyee shall furnish doc,~nentation
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 acce~ted 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 equi~nent paid for by the City shall become the property
of the City. ~imbursement for texts and equipment will be approved
only if the text or equi~nent were not available from the City.
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Section 2. Uniforms and M~ui~ment.
The City will provide and maintain all uniforms that are required by the City
for Administrative Services field ~loyees, (k~mnunity Services lake/park and
park maintemance ~ployees, and Public Services e~ployees as follows:
Safety shoes shall be worn by employc~ so required by the City. The
~nployee shall be provided a credit of $60 per y~r at a shoe store for
the purchase of safety shoes. The City shall designate those stores
where the safety shoes my be purchased. The stores must be acceptable
to the Association. Ail other safety clothing required in the perfor-
mance of duties shall be furnished by the City.
Be
The City will provide and maintain eleven (11) sets of uniforms for
those ~loyees required to wear uniforms. ~mployees electing to wear
City-approved s~,,%er attire may receive fewer than eleven sets of stan-
dard uniforms and shall be responsible for the maintenance of the
s~,~er attire.
C. Standards of maintenance of uniforms and equiimment shall be determined
by the City, and ~loyees must maintain these standards.
For the
work at
required
(km~,,,0nity Services Department e~ployc~ designated part-time and who
l~.~t 1,040 hours per y~r, the City will provide uniforms that are
by the City in accordance with the following:
Safety shoes shall be worn by u-f~loyees as required by the City. The
part-time ~¢~loyees shall be provided a credit at a shoe store, in pro-
portion to the number of hours worked and the credit provided to full-
time employees. The minimun credit provided shall be $30 per y~r.
All other safety clothing required for the performance of duties shall
be furnished by the City.
The City will provide and maintain seven (7) sets of uniforms for those
~loyees required to wear uniforms. ~mployees electing to wear City-
approved s~.~er attire my receive fewer than seven (7) sets of stan-
dard uniforms and shall be responsible for the maintenance of the
s~,~_r attire.
C. St_~ndards of maintenance of uniforms and equipment shall be determined
by the City, and ~loyees must maintain these standards.
Section 3. Probation.
Ail appointments, including prc~otional appointments, shall be for a proba-
tionary period of not less than six (6) months. During the probationary period,
the ~%~loyee my be rejected at any time without the right of appeal or b~ring.
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Any ~mployee rejected during the probationary period fr~n a position to which he
has been promoted shall be reinstated to a position in the class frc~ which he
was prc~oted unless he is discharged fr~n the City.
A supervisor may, with concurrence of the department hea_d, require an extension
of an initial probationary period, upon a less than satisfactory performance
evaluation.
On recc~nendation of his supervisor a non-probationary e~ployee 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
~ployee's desire to appeal the special probation within ten (10) calendar days
of the employee's having beem plac~d on special probation.
Section 4. safetl;.
The unit adopts the following by reference:
- The city has a Central safety Oon%mittee with representatives frc~ all
units;
- The City and all ~t~loyees shall comply with any applicable Federal and
state law;
- The City and all e~ployc~ shall comply with any policy and/or proce-
dure which may from time to time be promulgated by the City O~uncil.
Section 5. T_~lno~ rar~ Assi _grim_ ent To A Hiqher Level Vacancy.
D~] 1 t~sponsibility:
An ~L~loyee specifically assigned on a t~¥x)rary basis to a higher
level position in which there is no appointed incumbent or in which the
incumbent is on paid or unpaid leave shall be oom~msated at the "A"
step rate of pay for the higher level position if the service in such
position exccc~- m fifteen (15) consecutive %Drking days, which payment
shall be retroactive to the first day of such services; provided;
however, that the full range of duties of the higher level position has
been specifically assigned in writing on a form provided by the City by
the department head or his/her designee. Under no circumstance shall
the rate of compensation be less than five percent (5%) above the
e~ploy~ current rate of pay.
Be
Partial Responsibility:
An e~ployee specifically assigned to perform a portion of the duties of
the higher level position for fifteen (15) or more consecutive %Drking
days shall have the increa.~ed pay level determined by the city Manager
in relation to the degree of the additional responsibility the ~mployee
is asked to ass~ne. In no event shall the pay be more than five per-
c~nt (5%). The assignment shall be in writing and on a form provided
by the city.
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Ce
At the conclusion of such an assignment, the ~-~loyee shall be restored
to his/ her former classification regardless of the time involved. The
~%koloyee may also be considered for prc~otion to the higher position on
a permanent status if it were d~ed by the City to be vacant. This
provision shall not be applicable to bona fide education, training and
development, job enlargemant or enrichment. The ~,~loyee will be
notified in advance as to the nature of this assi~,,ent.
Section 6. Meal And Bast Periods.
M~l periods and rest periods will be permitted at scheduled intervals, and
insofar as practicable and consistent with operational interests.
An ~loyee shall be notified whether his meal period is considered an on-duty
meal period or an off-duty me~_] period, and ~L~loyees having on-duty meal
periods shall be compensated for the meal period as hours ~orked.
In the event an ~kuloyee is required to work in an emergency in excess of twelve
(12) consecutive hours, the City shall pay the cost of a meal in the 8m~unt of
$4.00.
An emergency is an unpredictable, unavoidable occurrence, at unscheduled inter-
vals and requiring inmediate attention.
Section 7. Travel Expenses.
A. Prior approval of the department he~d_ and final approval of the City
Manager shall be required prior to reimbursen~nt for travel expenses.
Be
Employees using their own vehicle on approved City business travel will
be reimbursed at the rate of thirty cents ($.30) per mile.
Employees on approved official business away frcm the City will be
reimbursed for actual and necessary expenses incurred.
D. In order to be reimbursed, employees must include original receipts for
all expenses with the reimbursement claim form.
E. Advances of travel expenses may be allowed at the sole discretion of
the City Manager.
Section 8. Standby Time.
A. Field Forces.
The City shall maintain a list of eligible Public Services and /~minis-
trative Services field personnel who have agreed to stand by for call-
back as required. Each employcc shall be paid on the last full pay
period of the month a share of $610 per month which shall be divided
ecg,mi ly ~m~ong those on the list.
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To be eligible, an employcc ~3st live within the City limits of Poway
and must have attained appropriate experience in City policies and pro-
cedures and the operation of City equilanent as determined by the public
Services Operations Manager.
There shall be two (2) standby duty periods per week, 5:00 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 nc~ds of the City and the con-
venience of the ~k~loyees involved, f~ployees shall be authorized to
make arrangements a~ong themselves to trade-off shifts or to standby
for another ~loyee on standby duty provided that the e~ploy~c
assigned the duty notifies the Public Services Gonstruction 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 ~£~loyee during standby for
use as is necessary to ensure that the ~loyee is readily available
for call-back. However, the ~loyee should use discretion and co~n
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 ~mployee assigned to the standby duty
to be available when called and to renain 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 minim~n of two (2) hours each time they are called back to
duty.
It is agreed that if this procedure does not operate to the satisfac-
tion of the Public Services Operations Manager, that the procedure is
subject to be revised as necessary following consultation with repre-
sentatives of this unit.
Be
Filtration Plant.
When an ~91oyee 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 1~ sum of $150 per month. This lump so
allowance for standby duty shall be distributed as determined by the
e~ployees standing duty.
Section 9. Benefit Days.
In addition to provisions for vacation, sick leave, and holidays set forth else-
where herein, each ~ployee who has completed an initial probationary period
shall have available t~D (2) benefit days off each fiscal year. The times at
which an ~loyee may take a b~nefit day off shall be determined by the depart-
ment hea_~_ with due regard for the wishes of the employee and particular regard
for the needs of the City. Remmeration for a benefit day shall be in accor-
_d~nce with the sdTedule of pay for one working day of vacation. If not taken
during the fiscal y~r the benefit day(s) shall be forefeited.
Section 10. Transfers.
An ~L~loyee transferring frcm this unit to another unit shall maintain all pay
and benefits acu~ued in this unit, and upon the effective date of transfer
thereafter be governed by the provisions of any policy and/or agreenent in
effect for such other unit.
Section 11. Layoff and R~------~ployment.
The City may abolish any position or ~L~loyment and the ~f%oloyee may be laid-off
without taking disciplinary action and without the right of appeal.
Persons to be laid-off shall be given at l~.~t ten (10) calendar days prior
notice, and they shall be maintained on a rc~%k01oyment list for a period of
twelve (12) months.
The order of re~loyment after lay-off shall be based on prior performance and
seniority as determined by the City.
Section 12. Resignations.
An e~ployee wishing to resign in good standing shall file with the department
head a written resignation stating the effective date and r~.~ons for resigna-
tion at lmamt two weeks prior to the effective date of resignation.
The City will pay an e~ployee for all hours worked within 72 hours after termin-
ation, and will thermafter pay all accumulated reimbursable benefits as early
as feamible.
An e~ployee who has resigned with a good record will be given preferential con-
sideration for r~hire if a position is available. Decision to rehire is at the
discretion of the City, and the ~loyee will not reestablish rights and/or
benefits lost at the time of resignation.
An ~oloyee with five (5) y~ars service who resigns in good standing and is
re~r~loyed within a two (2) y~r period to the same or equal position previously
held, shall be eligible to mmrn and use vacation, sick leave, and other benefits
to which they are otherwise-entitled as if there had bc~n no break in service.
Section 13. Credit union.
Employees may elect to
deduction.
make credit union contributions through payroll
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Section 14. Shift Differential.
Filtration Plant ~loyees 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
~nployees 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.
Ckm~L%onity Services Depazb,~Lent ~nployees in the Park Ranger I and Administrative
Clerk classifications, who are required to work the evening shift frcm (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 ~ecreation L~er assigned to
the evening shift at the (k~,~,%0nity Center for a minimum period of three (3)
months shall also receive a twenty-five cent ($0.25) per hour differential while
so assigned.
Section 15. Call-Back Time.
E~ployees called back to work after expiration of their normal work day to per-
form ~mergency work shall be ~p~mranteed minim~ call-back time of two (2) hours
at the rate of one and one-half (1½) their regular rate of pay.
Article 10. Grievance.
Section 1. Purpose.
A. To promote improved ~loyer-~nployee relationships by establishing
procedures for appealing manag~nent actions.
Be
To afford e~ployees individually or through the Representatives a
systematic means of obtaining further oonsideration of problems after
every r~onable effort has failed to resolve the~ through discussion.
C. To provide that grievances shall be settled as near as practicable to
the point of origin.
Section 2. Soope.
A grievance shall be considered as any matter for which appeal is not elsewhere
provided for or prohibited, concerning:
ae
a dispute about the interpretation or application of this agre~nent 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 e~ployment;
a decision affecting the ~ployment of any permanent or probationary
~mploycc over which the de~t head has partial or complete
jurisdiction.
Section 3.
A.
Procedure.
Informal Grievance Procedure - An employee who has a problen or
complaint should first try to get it settled through discussion with
his LL%%%ediate supervisor without undue delay. If this discussion does
not satisfactorily resolve the probl~n, the e~ployee may discuss it
with the supervisor's L,~ediate superior. Every effort should be made
to find an acceptable solution by informal m~ans at the lowest
appropriate level of supervision. If the ~loyee is not in agrc--~nent
with the decision reached by discussion, he shall then have the right
to file a formal grievance in writing within five (5) calendar days
after receiving the informal decision of his i~nediate superior.
Be
Form~l Grievance Procedure
1. First Level of Review: A grievance shall be presented in writing
to the ~ployee's in~nediate supervisor, who shall render a deci-
sion and co~nents in writing and return then to the employcc
within five (5) days after receiving the grievance. If the
~%~loyee does not agree with his supervisor's decision, or if no
answer has bc~n received within five (5) days, the ~,~loyee may
present the appcal in writing to his department he~.
2. Second Level of 9~view: The department he~ receiving the
grievance, or his designated re~)resentative, should discuss the
grievance with the e~ploycc, his representative, if any, and with
other appropriate persons. The department head shall render his
decision and __~_~xaents in writing, and return then to the e~ploycc
within five (5) days after receiving the appeal. If the e~ployee
does not agree with the decision reached, or if no answer has bc~
received within five (5) days, he may present the appeal in
writing to the City Manager.
3. Third Level of 9~view: The City Manager receiving the grievance,
or his designated representative, should discuss the grievance
with the e~ploycc, his representative, if any, and with other
appropriate persons. The City Manager may designate any person or
persons to advise him concerning the app~]. The City Manager
shall render his decision and comments in writing, and return then
to the ~L~loyee within fiftc~n~ (15) working days after receiving
the app~l. If the u~loyee does not agree with the decision
reached, or if no answer has been received within fifteen (15)
working days, he may present the appeal in writing th the City
ODuncil.
0
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.
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Section 4. Conduct of Grievance Procedure.
A. Day as used in this procedure m~ns calendar day, unless specified to
the contrary.
The time limits specified in this procedure my be extended at any
level of revie~ to a definite date by mutual agreenent of the e~ployee
and the reviewer concerned.
C. The employee my request the assistance of another person of his own
choosing in preparing and presenting his appel at any level of review.
The ~,'~loyee and his representative my be privileged to use a
able ~unt of work time as determined by the City Manager in confer-
ring about and presenting the appeal.
Failure of the enploycc 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. ~mployees shall be assured freecl~m frc~ reprisal for using the
grievance procedure.
Article 11. t%etirement And Social Security~
The City will provide retirement benefits through the Public ~mployees' Retire-
ment System. The City does not participate in the Social Security System.
Beginning July 4, 1983, the City will pay seven (7%) percent of the e~loyee's
contribution into the Public ~m~loyees' Retirement System (PE~S) in addition to
the normal employer's contribution. The seven (7%) percent payment shall be
made to PEI~S in the name of the ~L~loyee to be credited to the e~ploycc's
account with PE~S. The City shall annually notify the ~-~loyee of the annual
and total contribution made to PERS on b~half of the u~uloyee.
The City shall contract with the Public t~ployees' Retirement System to provide
the 1959 Survivors Benefit Option.
Article 12. personnel l~les.
All other e%k~loyee rights, privileges, and benefits are included in the
Personnel Rules of the City of Poway.
Article 13.
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 ~loyees.
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Article 14. Maintenance of ~m~ership.
Employees in a classification re~resented by SDCEA who are m~nbers as of the
date of this agreement and have signed a payroll dues deduction authorization
card or subsequently become menbers and sign sud~ a card, shall remain members
and the City shall continue to deduct said dues during the period covered by
this Memorand~n of Understanding. ~ployc~ may withdraw their menbership and
discontinue dues deduction during the month of May of any year to be effective
in June following the expiration of the agreene~t.
Article 15. Posting Of A~re~ment.
A copy of this agrc~n~ ent will be initially distributed to all e~ployees, given
to all new e~ployc~ hired into the unit after July 1, 1983, and m~e available
at the Filtration P]ant, the Operations Center, fba~unity Services Facilities,
the Accounting Office, and with each Department H~.
The undersigned, re~)resenting the City and the Representatives do hereby adopt
the terz~ and conditions set forth herein, and recommend the City ODuncil and
members of the unit approve sane.
For the City:
For the Representatives:
Vice President
Melinda
San Diec3~ounty f
Randall Prevo, General Manager
San Diego (bunty ~mployees Assoc.
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