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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 ................ Page 1 1 1-3 2 2 2 2-3 3 3 3-4 4-5 5-8 5-6 6-7 7 $ 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 .................. 8-9 8-9 9 9-10 9 9 9-10 10-16 10 11 11-12 12 12-13 13 13 13-14 14-15 15 15 15 15 16 16 10-18 18 18 18 19 19 /,~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. -1- 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. -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 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. -3- 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 -4- 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. -5- 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. -6- 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. -7- 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. -8- 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. -9- 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. -10 - 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. -11- 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. -12- 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. -13- 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 -15 - 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. -17- 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. -18- 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. -19-