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Res 83-049RESOLUTION NO. 83-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY~CALIFORNIA DESIGNATING THE SALARIES AND BENEFITS FOR THE MANAGEMENT, SUPERVISORY, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES OF THE CITY WHEREAS, it is necessary to designate the salaries and benefits of the Management, Supervisory, Professional, and Confidential Employees of the City of Poway, and WHEREAS, the City Council of the City of Poway wishes to provide a change in the Management, Supervisory, Professional, and Confidential Employees' Salary and Benefit Plan effective July 1, 1983. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: 1) That the City of Poway Management, Supervisory, Professional, and Confidential Employees' Salary and Benefit Plan attached hereto and made a part hereof shall designate the salaries and benefits to be received by Management, Supervisory, professional, and Confidential Employees of the City of Poway. 2) That for thepurpose of salary and employee benefits the City Clerk shall also be coveredby the attached plan. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at an adjourned regular meeting thereof this fifth (5) day of July, 1983. Linda Oravec, Mayor ATTEST: Marjorie~. Wahlsten, City Clerk SALARY AND BENEFIT PLAN FOR THE MANAGEMENT, SUPERVISORY, PROFESSIONAL AND CONFIDENTIAL EMPLOYEES (MANAGEMENT/CONFIDENTIAL GROUP) The following position classifications are established as full-time, permanent class- ifications at the grade and salary range indicated. The City management/confidential employees shall be classified in one of the following classifications, and paid at one of the five steps within the salary range set forth for the classification. Effective July 4, 1983 Article 1. Salary SALARY CLASSIFICATION RANGE NO. Group 1 260 Assistant City Manager City Clerk Director of Administrative Services 252 Director of Community Services 247 Director of Planning Services 247 Director of Public Services 255 Director of Safety Services 252 Group 2 Assistant City Engineer 240 Assistant to the City Manager 225 Assistant Public Services Operations Manager 235 Associate Planner 209 Community Services Manager 219 Construction Maintenance Supt. 225 Customer Services Manager 210 Finance Manager 225 Fire Battalion Chief 231 Personnel Manager 225 Public Services Operations Manager 245 Purchasing Manager 225 Utilities Operations & Treat- ment Supt. 230 BI-WEEKLY SALARY RANGE 1418.60 - 1730.97 1310.06 - 1598.52 1246.62 - 1520.94 1246.62 - 1520.94 1349.75 - 1646.96 1310.O6 - 1598.52 1162.61 - 1418.60 1001.54 - 1221.91 1106.31 - 1349.75 853.85 - 1042.07 943.38 - 1151.10 1001.54 - 1221.91 862.62 z 1052.50 1001.54 - 1221.91 1062.92 - 1296.92 1001.54 - 1221.91 1221.91 - 1490.97 1001.54 - 1221.91 1052.31 - 1284.24 APPROX. MONTHLY SALARY RANGE 3074 - 3750 2704 - flat rat 2838 - 3463 2701 - 3296 2701 - 3296 2924 - 3568 2838 - 3463 2519 - 3074 2170 - 2647 2397 - 2924 1850 - 2258 2044 - 2494 2170 - 2647 1869 - 2280 2170 - 2647 2303 - 2810 2170 - 2647 2647 - 3230 2170 - 2647 2280 - 2783 Group 3 Accountant Administrative Analyst Administrative Assistant Assistant Civil Engineer Assistant Planner Associate Civil Engineer Code Compliance Officer Engineering Technician Junior Civil Engineer Junior Planner 200 205 195 215 199 225 189 187 2O5 189 780.88 - 952.80 820.62 - 1001.54 743.08 - 906.46 906.46 - 1106.31 773.08 - 943.38 1001.54 - 1221.91 699.69 - 854.03 686.16 - 837.20 820.62 - 1OO1.54 699.69 - 854.03 1692 - 2064 1778 - 2170 1610 - 1964 1964 - 2397 1675 - 2044 2170 - 2647 1516 - 1850 1487 - 1814 1778 - 2170 1516 - 1850 CLASSIFICATION Parks Supervisor Recreation Supervisor Senior Accountant Group 4 Administrative Secretary (Administrative Services) Administrative Secretary (City Clerk's Office) Data Processing Technician Deputy City Clerk Personnel Aide Secretary to the City Manager SALARY BI-WEEKLY APPROX. MONTHLY RANGE NO. SALARY RANGE SALARY RANGE 191 714.00 - 871.36 1547 - 1888 191 714.00 - 871.36 1547 - 1888 210 862.62 - 1052.50 1869 - 2280 167 562.15 - 686.31 1218 - 1487 167 562.15 - 686.31 1218 - 1487 169 573.61 - 699.91 1243 - 1516 172 590.77 - 720.92 1280 - 1562 172 590.77 - 720.92 1280 - 1562 172 590.77 - 720.92 1280 - 1562 Article 2. Leaves Section 1. Vacation A. Groups 1 - 3 - Management All employees in the management group, who have served for a minimum of six (6) months continuous service, shall be entitled to vacation leave with pay. For the purpose of computing annual vacation leave, a working day shall be considered as 1/5 of the number of working'or duty hours in the established work week. Annual vacation leave shall be computed in accordance with the following schedule: Years of Continuous Employment Vacation Leave Credits 1 thru 5 l0 hours per month for a total of 120 hours/year After 5 12 hours per month for a total of 144 hours/year After l0 15 hours per month for a total of 180 hours/year Vacation time can be accumulated to a maximum of 150% of one year's eligibility and accumulation above 150% shall be forfeited. The times at which an employee may take his vacation shall be determined by the immediate supervisor with due regard for the wishes of the employee and particular regard for the needs of the City. Vacation leave in excess of thirty calendar days shall be granted or not granted at the sole discretion of the City Manager. In the event one or more holidays fall within a vacation leave period, such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. -2- Employees who terminate employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination, provided they have served six (6) continuous months with the City and successfully completed probation. B. Group 4 - Confidential All employees in this group 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 computing annual vacation leave, a working day shall be considered as 1/5 of the number of working or duty hours in the established work week. One day vacation shall be accrued for each m~nth of employment, for a total of twelve (12) working days per year. After five (5) years of continuous employment, an additional three (3) days per year shall be accrued, for a total of fifteen (15) working days per year. After ten (10) years of continuous employment, an additional three (3) days per year shall be accrued, for a total of eighteen (18) working days per year. After fifteen (15) years of continuous employment, an additional two (2) days per year shall be accrued, for a total of twenty (20) working days per year. Vacation time can be accumulated to a maximum of 150% of one year's eligibility, and accumulation above 150% shall be forfeited. The times at which an employee may take his vacation shall be determined by the department head with due regard for the wishes of the employee and particular regard for the needs of the City. In the event one or more holidays fall within a vacation leave period, such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. Employees who terminate employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination, provided they have served six (6) continuous months with the City and successfully completed probation. Section 2. Executive Leave Group 1 Employees designated in this group shall be entitled to four (4) days executive leave each fiscal year. If not taken during the fiscal year, the executive leave may be exchanged for compensation equal to fifty (50) percent of its value. Executive leave may not be carried over into the next fiscal year. Group 2 Employees designated in this group shall be entitled to two (2) days executive leave each fiscal year. If not taken during the fiscal year, the executive leave may be exchanged for compensation equal to fifty (50) percent of its value. Executive leave may not be carried over into the next fiscal year. Section 3. Sick Leave A. Groups I - 3 - Management Sick leave with pay may be granted to all probationary and regular employees within the management group who are regularly employed in regular positions. All management employees shall be granted sick leave with pay, up to a maximum of sixty (60) calender days per incident with no accumulation. In order to receive compensation while absent on such leave, the employee shall notify his immediate superior prior to or within two hours after the time set for the beginning of his duties. Sick leave over three (3) working days at one time may require certification by the employee's physician in order to receive compensation. This requirement is at the discretion of the superior. In the event of illness in the immediate family, an employee may use accrued sick leave not to exceed three (3) days in each calendar year. Immediate family shall be designated as mother, father, spouse, and dependent children. Employee must notify supervisor in advance when such leave is being taken and so note on time card. Bo Group 4 - Confidential Sick leave with pay may be granted to all probationary and regular employees within this group who are regularly employed in permanent full-time positions. For the purposes of computing sick le~ave, a working day shall be considered as 1/5 of the number of working or duty hours in the established work week. One (1) day sick leave shall be accrued for each month of employment, for a total of twelve (12) working days per year. Sick leave shall be granted to an employee only for actual working time off. Accumulation of sick leave shall be unlimited. In order to receive compensation while absent on such leave, the employee shall notify his immediate superior or the department head prior to or within two hours after the time set for the beginning of his duties. Sick leave over three (3) working days at one time may require certification by the employee's physician in order to receive compensation. This requirement is at the discretion of the department head. In the event of illness in the immediate family, an employee may use accrued sick leave not to exceed three (3) days in each calendar year. Immediate family shall be designated as mother, father, spouse, and dependent children. Employee must notify supervisor in advance when such leave is being taken and so note on time card. After five (5) years of continuous employment with the City and upon termina- tion or retirement, an employee will receive compensation for unused sick leave. ao do Upon normal retirement employee will receive 25% of all sick leave hours accrued. Calculations will be at the employee's rate of pay at the time of retirement and will not exceed $3,000. Upon leaving the employ of the City for other than retirement, employee will receive 25% of all sick leave hours accrued. Calculations will be at the employee's rate of pay at the time of termination and will not exceed $1,000. Starting July 1, 1984, an employee can annually convert to pay up to 25% of their annual unused sick leave balance, if the employee has used less than 40 hours of sick leave during the year and will have a mini- mum balance of 192 hours of accumulated sick leave after the conver- sion. If the employee converts the 25% of the annual unused sick leave accumulation to cash, the employee shall forfeit twice the number of hours converted. The remaining unused balance accrued during the year shall be accounted for in a separate sick-leave balance that will be available for use by the employee in the event all other sick leave is exhausted. As an example, an employee who has used no sick leave during the year may convert three (3) days (24 hours) to cash. The employee would forfeit six (6) days accumulation (48 hours). The remaining six days (48 hours) would be placed in a separate account for use in the event all other sick leave is exhausted. The employee 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. Employee 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 employee, prior to five (5) years of continuous employment, compensation for unused sick leave shall be at the same rate as the termination benefit. Payment shall be made to the employee's designated beneficiary. Section 4. Holidays The holidays for employees in the management/confidential group are as follows: New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day January l 2rd Monday-February Last Monday-May 4th of July 1st Monday-September November 11 Fourth Thursday-November Fourth Friday-November December 25 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, employees in this group shall be paid holiday pay, whether on or off duty on the holidays above. 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. Article 3. Payroll and Work Week Regular pay days are designated as every other Friday for the two week period ending the previous Sunday. In no event shall the City advance pay, including pay for earned vacation, without prior written application. Requests for advance vacation pay must be made prior to the end of the payperiod for which pay is to be received. A. Groups 1 - 3 - Management It is recognized that employees in this group may be required to work hours in excess of 40 hours in a work week, and it is agreed that employees in this group shall not be remunerated for such work beyond the current monthly salary rate of the individual employee, but for the purposes of computing benefits, the regular number of working or duty hours in a work week from Monday through Sunday is established at 40 hours for all employees in the group. B. Group 4 - Confidential The regular number of working or duty hours in a work week from Monday through Sunday is established at 40 hours for all full-time employees in this group. For employees regularly working less than 40 hours in one week, or designated as part-time or temporary employees, the regular number of working or duty hours in a work week shall be that number of hours for which they are scheduled to work. Employees designated part-time and who work at least t,O40 hours per year shall onlY be eligible to receive fifty (50) percent of the benefits set forth in Article 2, Section 3B. For full-time employees, unscheduled hours worked on Sundays and holidays shall be paid for at double the employee's rate of pay. Employees in this group shall be paid one and one-half (1½) times their hourly rate of pay for all hours worked in excess of 40 hours in one work week. Article 4. Benefits Section 1. Hospital and Medical The first day of the month following date of hire, an employee, upon proper application and acceptance, shall be covered by health and dental benefits with coverage as set forth from time to time in the agreement between the City and the carrier(s). A. Groups 1 - 3 - Management Premium for each employee shall be paid in full by the City. Dependents of each employee may also be covered by health and dental benefits, upon proper application and acceptance. The City shall pay one-half of the cost for dependent medical and dental coverage to a maximum of $71.72 per month and $14.3 per month respectively. The employee's share of the cost will be made through payroll deduction. Group 4 - Confidential The City shall pay $5.00 above one-half of the cost for dependent medical coverage and/or one-half of the cost of dependent dental coverage. The maximum amount the City will pay for dependent medical and dental coverage is $5.00 above $71.72 and/or $14.38 respectively. The $5.00 may be applied to the City share of the medical or dental coverage. If at any time during the life of this agreement the cost of dependent health or dental coverage shall increase above the current maximum, the City shall agree to pay one- half the amount of the increase. Any increases subsequent to the expiration of this agreement shall be subject to meet and confer for future agreements. The employee's share of the cost will be made through payroll deduction. Those employees who do not have dependent insurance shall receive an additional $5.00 per month on their payroll check. Section 2. Eye Care The City will provide an eye care plan. The City shall pay 100% of the premium for the employee and his/her dependent coverage. Section 3. Life Insurance The first day of the month following date of hire, an employee, upon proper application and acceptance by the insurance company, shall be covered under a group life insurance plan for the amount of one times annual income ($10,000 minimum). The City pays 100% of the premium. Groups 1 & 2 - Management Additionally, employees designated in these groups shall be eligible to participate in a City supplemental insurance or deferred compensation program. The City shall pay forty-five ($45.00) dollars per month for each employee toward the cost of insurance or to be placed in a deferred compensation account. B. Groups 3 & 4 - Management/Confidential Additionally, employees designated in these groups shall be eligible to participate in a City deferred compensation program. The City shall pay twenty-five ($25.00) dollars per month for each employee to be placed in a deferred compensation account. Those employees hired prior to July 1, 1983, and who are currently receiving benefits of a higher group will continue to receive the benefits of the higher group. Employees hired into these classifications after July 1, 1983, will receive the benefits as outlined in this resolution. Section 4. Long Term Disability Income Insurance This employee benefit provides for the payment of a monthly income benefit payment for those employees totally disabled by injury or sickness. -7- A. Groups 1 - 3 - Management The monthly benefit provided under this coverage will be 66-2/3% of the employee's monthly earnings to a maximum of $4,500 per month. The insurance carrier is responsible for calculating the exact benefit amount, based on each individual's income status. The insurance carrier for this coverage requires a 60 day waiting period from the first day of the disability to the beginning of the monthly benefit payment period. Monthly benefits are paid, with certain exceptions, as explained in the certificate of insurance, until the recovery from the injury or sickness or until the employee reaches age 65. The City pays 100% of the premium. B. Group 4 - Confidential The monthly benefit provided under this coverage will be 60% of the employee's monthly earnings to a maximum of $1,000 per month. The insurance carrier is responsible for calculating the exact benefit amount, based on each individual's income status. The insurance carrier for this coverage requires a thirty (30) day waiting period from the first day of the disability to the beginning of the monthly benefit payment period. Monthly benefits are paid, With certain exceptions, as explained in the Group Insurance handbook, until the recovery from the injury or sickness or until the employee reaches age 65. The City pays 100% of the premium. An employee may use sick leave and vacation to supplement coverage under this benefit up to, but not in excess of 100% of his regular rate of pay. Section 5. Workers' Compensation Insurance All employees in the group (regular, temporary and part-time) are covered by Workers' Compensation Insurance from the date of employment. Premium will be paid by the City. Any employee shall, upon receiving a work sustained injury, report the incident immediately to his department head. The filing of the accident report as required by the Workers' Compensation Insurance Fund shall be the responsibility of the employee's supervisor. An employee of the City who is or may be entitled to temporary disability indemnity under Division 4 or Division 4.5 of the Labor Code shall receive any accumulated sick leave or accumulated vacation for such absence. The City shall decrease the charge of sick leave or vacation in the amount of temporary disability payment received so that the employee shall not receive payment in excess of full salary or wage. -8- If the employee does not wish to use his accumulated sick leave or accumulated vacation, he shall notify the City within five (5) days after the injury is reported to the City. After the five (5) days his accumulation shall be used until the date he notifies the City in writing that he no longer wishes to use the accumulations. When computing sick leave or vacation under this policy, the employee shall be given credit for any holidays that occur during the period of absence hereunder. He is nevertheless entitled to medical, surgical, and hospital treatment as provided in the Labor Code. When his accumulated sick leave or vacation, or both, are exhausted, he will still receive disability indemnity for which he is otherwise entitled. If an employee is receiving Workers' Compensation and not actively on the payroll, the City shall collect from the employee the employee's costs of insurance, and the City shall pay the employer's costs of insurance. During such leave, no contributions shall be made to the retirement plan. Section 6, Unemployment Insurance/State Disability Insurance The City shall not participate in the State Disability Insurance program. Article 5. Service and Special Pay Section 1. Tuition Reimbursement The actual cost paid for tuition, books and required technical supplies and equip- ment to a maximum of $150.O0 per fiscal year per employee will be refunded to all permanent City employees for professional and technical courses in accredited educational institutions provided that: 1. The employee has received at least 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 employee's position with the City. 3. The employee must submit a Request for Refund of~Tuition and Cost of Books form to the department head and Personnel within three (3) weeks after the beginning of the class. 4. Before receiving reimbursement the employee shall furnish documentation proof of pay and shall provide evidence that he/she has completed the course with a grade Of "C" or better in undergraduate work or a grade of "B" in graduate work. A grade of "C" or better will be accepted for graduate work from institutions where an average grade of "C" is acceptable for graduation. A "pass" will be accepted for undergraduate classes where a pass/fail grading system is used. 5. Textbooks and equipment paid for by the City shall become the property of the City. Reimbursement for texts and equipment will be approved only if the text or equipment were not available from the City. Section 2. Uniforms and Equipment The City will provide and maintain all uniforms that are required by the City for management employees in the Public Services, Safety Services, and Community Services Departments. Employees will be reimbursed a maximum of $60 per year for the purchase of safety shoes. Section 3. Acting Pay A. Groups 1 - 3 - Management An employee acting for an uninterrupted period of 30 or more calendar days in a higher classification or rank, will be compensated at the rate of pay for that higher classification or rank after the expiration of 30 calendar days. This provision is not applicable to bona fide education, training and development, job enlargement, or job enrichment. B. Group 4 - Confidential A. Full Responsibility: An employee specifically assigned on a temporary 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 compensated at the "A" step rate of pay for the higher level position if the service in such position exceeds fifteen (15) consecutive working days, 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 employees current rate of pay. B. Partial Responsibility: An employee specifically assigned to perform a portion of the duties of the higher level position for fifteen (15) or more consecutive working days shall have the increased pay level determined by the City Manager in relation to the degree of the 'additional responsibility the employee is asked to assume. In no event shall the pay be more than five percent (5%). The assignment shall be in writing and on a form provided by the City. C. At the conclusion of such an assignment, the employee shall be restored to his/her former classification regardless of the time involved. The employee may also be considered for promotion to the higher position on a permanent status if it were deemed by the City to be vacant. This provision shall not be applicable to bona fide education, training and development, job enlargement or enrichment. The employee will be notified in advance as to the nature of this assignment. Section 4. Physical Examinations Physical examinations required by the City as a condition of employment or con- tinued employment shall be paid for by the City. Section 5. Travel Expenses A. Group 1 - Management An automobile allowance in lieu of mileage shall be allocated in the amount of $100.00 per month for personnel in this group. The automobile allowance is not applicable to employees who have been assigned a City vehicle. -10- Groups 2 - 4 - Management/Confidential 1. Prior approval of the department head and final approval of the City Manager shall be required prior to reimbursement for travel expenses. 2. Employees using their own vehicle on approved City business travel will be reimbursed at the rate of thirty (30¢) cents per mile. 3. Employees on approved official business away from the City will be reimbursed for actual and necessary expenses incurred. 4. In order to be reimbursed, employees must include original receipts for all expenses with the reimbursement claim form. 5. Advances of travel expenses may be allowed at the sole discretion of the City Manager. Section 6. Benefit Days In addition to provisions for vacation, sick leave, and holidays set forth else- where herein, each employee who has completed an initial probationary period shall have available two (2) benefit days off each fiscal year. The times at which an employee may take a benefit day off shall be determined by the depart- ment head with due regard for the wishes of the employee and particular regard for the needs of the City. Remuneration for a benefit day shall be in accordance with the schedule of pay for one working day of vacation. If not taken during the fiscal year the benefit day(s) shall be forfeited. Section 7. Transfers An employee transferring from this group.to a recognized employee unit, shall maintain all pay and benefits accrued in this group, and upon the effective date of transfer thereafter be governed by the provisions of any policy and/or agree- ment in effect for such other recognized employee unit. Section 8. Layoff and Reemployment The City may abolish any position or employment and the employee may be laid-off without taking disciplinary action and without the right of appeal. Groups 1 - 3 - Management Persons in this group to be laid-off shall be given at least ninety (90) calendar days prior notice, and they shall be maintained on a reemployment list for a period of twelve (12) months. The order of reemployment after lay-off shall be based on prior performance and seniority as determined by the City. Group 4 - Confidential Persons to be laid-off shall be given at least ten (10) calendar days prior notice, and they shall be maintained on a reemployment list for a period of twelve (12) months. The order of reemployment after lay-off shall be based on prior performance and seniority as determined by the City. -11- Section 9. Resignations Groups 1 - 4 - Management/Confidential An employee in this group wishing to resign in good standing shall file with the City Manager a written resignation stating the effective date and reasons for resignation at least fourteen (14) calendar days prior to the effective date of resignation. The City will pay an employee for all hours worked within 72 hours after term- ination, and will thereafter pay all accumulated reimbursable benefits as early as feasible. An employee who has resigned with a good record will be given preferential con- sideration for rehire if a position is available. Decision to rehire is at the discretion of the City, and the employee will not re-establish rights and/or benefits lost at the time of resignation. Group 4 - Confidential An employee with five (5) years service who resigns in good standing and is reemployed within a two (2) year period to the same or equal position previously held, shall be eligible to earn and use vacation, sick leave, and other benefits to which they are otherwise entitled as if there had been no break in service. Section lO. Credit Union Employees may elect to make credit union contributions through payroll deduction. Article 6. Retirement and Social Security The City will provide retirement benefits through the Public Employees' 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 employee's contribution into the Public Employees' Retirement System (PERS) in addition to the normal employer's contribution. The seven (7%) percent payment shall be made to PERS in the name of the employee to be credited to the employee's account with PERS. The City shall annually notify the employee of the annual and total con- tribution made to PERS on behalf of the employee. The City shall contract with the Public Employees' Retirement System to provide the 1959 Survivors Benefit Option. Article 7. Personnel Rules All other employee rights, privileges, and benefits are included in the Personnel Rules of the City of Poway. -12- MEMORANDUM OF UNDERSTANDING between THE CITY OF POWAY and THE SAFETY EMPLOYEES Effective July 1, 1983 Attachment B ~ICWR 1. AR~I(W.w. 2. A~TI~,~. 3. AR~I~.F. 4. AR~I~,R 5. AR~I~,F, 6. Safety M~Drand%~ of Understanding Table of Oo~te~ts 3. General Provisions ................. A. City Employer/Employee Relations Resolution .................. B. City Affirmative Action Resolution ...... C. ODnstruction ................. D. City Rights ................ Unit Determination .............. Jurisdictional Disputes ............ Awards .................... Time Spent for Meet & O~nfer or Grievances .................. Representatives ~cess to Work Site ...... w,~ployee Use of City Facilities ........ Availability of Data ............. SEVERABILITY AhD SAVINC~ ................ SYMPATHY ACTION ................... DURATION OF AGR.:.~tENT ............... heAVES ......................... 1. Vacation ............... 2. Sick Leave .................... Page 1 1 1-3 1 1 1 2 2 2 2 2 2 2 3 3 4 4 4-7 7-10 7-8 8-9 Af~IO.R 7. AR~I _C~,E 10. AR~I _~R 11. ARTICLE 12. AR~If~R 13. AR~If~.F, 14. AR~Ir~,~. 15. 9-10 3 Holidays ..... 10 4. Bereavement Leave ................. 10-11 pAYROLL & WO~< WRRK ................... 10 General .... ' ' ' ' 11 2 Dues Deduction ................... 11 BENEFITS ........................ 11 1 Hospital and Medical ................ 11 2 Life Insurance ................... 11 3. Long Term Disability Income Insurance ....... 12-15 SERVICE & SPECIAL PAY .................. 12 1. Tuition & Reimbursement .............. 12 2 uniforms & ~qui~ment ................ 12 3 Probat ion ..................... 13 4. safety .................... 13 5 ~ting Pay ..................... 13 6 Meal & P~st Periods ................ 14 7. Travel Expenses ................ 14 8 Transfers ..................... 14 9. Lay-off & Re~plo~ent ............... 14 10 Resignations ................... 15 11 Credit union .................... 15 GRIEVANCE PNDC~DURE ................... 15 I~TIR~4ENT A~) SOCIAL SECURITY ............. 15 MAISH]~ANCE OF B~EFITS ................ 15 JOB ACTIONS ....................... 16 PERSONNEL ROT.FS ..................... 16 ~OSTING OF ~I~:~MENT ................ l~Dl~E~ OF O~/t~ING This is a m~randum of understanding as provided for in the California Government Code, Sections 3500 through 3510, which is also known as the Myers- Millias-Brown Act. This memorandum is here-in-after referred to as the agree- ment, between the City of Poway, here-in-after referred to as the City, and the Poway Firefighters Association, here-in-after referred to as the Association. This agreenent shall become effective when adopted by the City Council of the City of Poway. ARtieR 1. G~eral Section 1. Purpose. This agreenent recognizes the Association as the majority representative of the safety unit, which consists of Fire Captain, Fire Engineer, Fire Prevention Inspector and Firefighter add represents the unit for matters within the scope of w~c~ and confer. Section 2. Scope. Meet and confer is limited to wages, hours and other terms and conditions of emplolaneflt, and shall not include any itens not covered by this agreeneflt or adopted by reference in this agrc~--nent or any subject pre/~mpted by Federal or State law. Pmefldments to this agreenent that are within the soope of meet and confer shall require prior meet and confer betwc~ the Association and the City. Section 3. General Provisions. A. City HNoloyer-H~ployee Relations Resolution. The Association herein ~ado_pts by reference the City Employer-Employee Relations Resolution in its present form and as it may be from time to time 8mended by the City (buncil of the City. B. City Affirmative Action Resolution. The Association herein adopts by reference the City Affirmative A~tion Resolution and the City E~,a] E~ployment Opportunity policy and any subsequent changes or amendments thereto. C. Construction. The rights, powers and authority of the City in all matters shall not be modified or restricted by this agreement. In interpreting the language of this agreement, first the plain meaning of the language shall prevail, then the trade or industry usage of the language shall be considered, then the intent of the parties shall be considered. -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 departments, com- missions, cc, L,L.~ttees, and boards; set standards of service; determine the procedures and st~_ndards of selection for ~loyment and promotion; direct its ~uloyees; take disciplinary action; relieve its ~loyees from duty because of lack of work or for other legitimate r~-~ons; maintain the efficiency of operations; determine the methods, m~ans and personnel by whid~ operations are to be conducted; determine the con- tent of ~b classifications; take all necessary actions to carry out its mission in emergencies; and excercise complete control and discre- tion over its organization and the technology of performing its ~Drk. The Association recognizes and hereby adopts by reference the following City procedures: Unit Determination. The City reserves the privilege of establishing units for meet and confer, but will maintain the safety unit for the duration of this agrc~ent. Jurisdictional Disputes. In the event of jurisdictional disputes between competing employee organizations or unit claims, the ~;~loyees of all units shall continue working under the agreenent in force at the time. Awards. Service Rmcognition and Special Awards shall be granted or not granted at the discretion of the City ODuncil. Time Spent for Meet and (bnfer and Grievances. The City allows rma.~onable time off without loss of benefits for a r~-~onable number of recognized representatives of the Association for the purpose of meet and confer and for grievance representation. R~.~onableness is determined by the city Manager. l~presentatives of u-~-~loyee organizations may be allowed re~-~onable access to work location only after they have obtained permission of the City Manager. ~mployee organizations may, with prior approval of the City Manager, be granted the use of City facilities during non- working hours for meetings of City e~ployees, provided space is available, and provided further such meetings are not used for organizational activities, membership drives, or politi- cal activities of City ~mployees. -2- Availability of Data. The City will make available to enployee organizations such non-confidential information per- taining to euployment relations as is contained in the public records of the agency, subject to the limitations and con- ditions set forth herein and in the California Government (bde. Such information shall be made available during regular office hours in accordance with the City's rules and proce- dures for making public records available and after payment for r~a-~onable costs, where applicable. Information which shall be m~e available to e~ployee organi- zations includes regularly published data covering subjects under disc~_ssion. Data collected on a pronise to kc~ its source confidential my be ma_~e available in statistical s~n- maries, but shall not be _m~d_e available in such form as to disclose the source. Nothing in this procedure shall be construed to require disclosure of records that are: (1) Personnel, medical and similar files, the disclo- sure of which would constitute an unwarranted inva- sion of personal privacy or be contrary to City policy; (2) 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. (3) l~cords pertaining to pending litigations to which the City is a party, or to claims or appeals which have not been settled. (4) Nothing herein shall be construed as requiring the City to do research for an inquirer or to do progranx~ing or assenble data in a manner other than usually done by the City. Article 2. Severability and Savings. If any portion of this agr~ent, or the application of such portion to any person or circumstance, shall be invalidated by judical or legislative action, the remainder of this agreement, or the application of such portion to persons or circ~stances other than those as to which it is invalidated shall not be affected thereby, and shall renain in full force and effect. The Association will be duly notified of any legislative action invalidating any section of this agreament. -3- Article 3. S~mt~¥ Action. During the term of this agreenent, neither the Association nor any person or persons covered by this agr~t shall engage in any sympathy action or action of any type in support of any other unit or units, person or persons, or ~mployee organizations not having an agreenent in effect with the City. Article 4. Duration of A~ree~e~t. Except as provided in Article 10, this entire agreenent shall con, hence at 12:01 A.M. on July 1, 1983, and terminate at 11:59 P.M. on June 30, 1985. At the expiration of this agrc~--n, ent, in whole or in part and in the absence of a new agrc~-nent, the Association and the City agree to continue operating under the provisions of this agre~nent until such time as a new agr~-----nent is reached, provided, however, such new agre~nent shall be retroactive to the date of exipration of this agreenent or any part of this agrc~.---~-nt. Article 5. Wa2es. The following position classifications are established as full time at the salary ranges indicated below. ~mployees in this unit shall be classified in one of the following classifications, and paid at one of the five steps within the salary range set forth for the classification. EFFECTIVE JULY 4{ 1983 ~SITION SALAR~ STEPS RAN~ A B C D E Fire Captain: Bi-Weekly 213 Hourly (120 hours) Hourly (112 hours) Hourly (80 hours) Approx. Monthly 888.70 934.04 981.68 1031.76 1084.39 7.406 7.784 8.181 8.598 9.037 7.935 8.340 8.765 9.212 9.682 11.109 11.675 12.271 12.897 13.555 1926 2024 2127 2235 2350 -4- POSITIO~ SALARY STEPS RANGE Fire ~gineer: 201 Bi-Weekly Hourly (120 hours) Hourly (112 hours) Hourly (80 hours) Approx. Monthly A 788.80 6.573 7.043 9.860 1709 B 828.96 6.908 7.401 10.362 1796 C 871.36 7.261 7.780 10.892 1888 D 915.68 7.631 8.176 11.446 1984 E 962.31 8.019 8.592 12.029 2085 Fire Prevention Inspector: Bi-Weekly Hourly (120 hours) Hourly 112 hours) Hourly (80 hours) Approx. Monthly Firefighter: 188 Bi-Weekly Hourly (120 hours) Hourly (112 hours) Hourly (80 hours) Approx. Monthly Firefighter (Prob.) 163 Bi-Wc~kly Hourly (24 hour shift) Hourly (80 hours) Approx. Monthly A 692.77 5.773 6.185 8.660 1501 A 540.46 4.504 6.755 1171 B 728.31 6.069 6.503 9.104 1578 B 568.15 4.735 7.099 1231 C 765.69 6.379 6.837 9.571 1659 C 596.77 4.973 7.461 1293 D 804.46 6.704 7.183 10.056 1743 D 627.23 5.227 7.842 1359 E 845.57 7.046 7.550 10.570 1832 E 659.54 5.496 8.242 1429 -5- Captain: 216 Bi-Weekly Hourly (112 hours) Hourly (80 hours) Approx. ~bnthly Engineer: 204 Bi-Wc~ly Hourly (112 hours) Hourly (80 hours ) Approx. Monthly Fire Prevention Inspector: Bi -wc~k~.ly Hourly (112 hours) Hourly (80 hours) Approx. Monthly Firefighter: 191 Bi-Weekly Hourly (112 hours) Hourly (80 hours) Approx. Monthly EFFECTIVE JULY 2, 1984 STEPS A B C D E 915.68 962.31 1011.23 1062.92 1117.24 8.176 8.592 9.029 9.490 9.975 11.446 12.029 12.640 13.287 13.966 1984 2085 2191 2303 2421 A B C D E 812.77 853.85 897.69 943.38 991.50 7.257 7.624 8.015 8.423 8.853 10.157 10.675 11.220 11.792 12.394 1761 1850 1945 2044 2148 A B C D E A B C D E 714.00 750.40 788.80 828.96 871.36 6.375 6.700 7.043 7.401 7.780 8.925 9.380 9.860 10.362 10.892 1547 1626 1709 1796 1888 -6- Firefighter (Prob.) 166 A B C D E Bi-Weekly 556.74 585.14 614.99 646.36 679.33 Hourly (112 hours) 4.971 5.224 5.491 5.771 6.065 Hourly (80 hours) 6.959 7.314 7.687 8.079 8.492 Approx. Monthly 1206 1258 1332 1400 1472 In the event that there is a significant incr~-~e in the oost of living during the life of this agrc~--aent, the City agrees to meet with representatives of the Association to discuss the impact on the association m~nbers. Upon certification and for as long as they re~ain certified, employe~s fill- ing the position of paramedic shall receive the payment of a bi-wc~-~-lY supple- mentary wage adjustment of $80.77. Effective July 2, 1984, the $80.77 shall be increased to $92.31. The paramedic (bordinator shall receive the payment of a bi-weekly suppleaentary wage adjustment of $46.15. Article 6. Lem~es. Section 1. Vacation. All ~loyees who have served more than one year of oontinuous service shall be entitled to vacation leave with pay except the following: Employc~ who have served less than one continuous year in the service of the city. Annual vacation leave shall be oomputed in accordance with the following schedule: Years of Oontinuous Employment 1 thru 5 120/112 hour bi-weekly e~ployees Vacation Leave Credits 12 hours per month for a total of 144 hrs. per year. 80 hour bi-weekly employees 8 hours per month for a total of 96 hrs. per year. After 5 120/112 hour bi-wc~kly ~nployees 15 hours per month for a total of 180 hrs. per 80 hour bi-wc~kly ~mployc~ 10 hours per month for a total of 120 hrs. per y_mar. -7- After 10 120/112 hour bi-weekly e~ployees 18 hours per m~nth for a total of 216 hrs. per After 15 80 hour bi-wc~kly ~ployc~ 120/112 hour bi-weekly ~aployees 12 hours per month for a total of 144 hrs. per y~ar 20 hours per month for a total of 240 hrs. per y~r. 80 hour bi-weekly e~ployees 13.3 hours per month for a total of 160 hrs. per y~r. Vacation time can be accumulated to a maximum of 150% of one y_~r's eligibi- lity, and ac~a~ulation above 150% shall be forfeited. The times at which an u~-~loyee my take their vacation shall be determined by the department h_~d with due regard for the wishes of the uL~loyee and par- ticular regard for the nee~_ -~ of the City. In the event one or more holidays fall within a vacation leave period, the normal holiday pay will be paid, and a full deduction of vacation hours made from the ~loyees accrued vacation time. Employees who terminate ~ployment shall be paid 1~,~ sum for all vacation leave earned prior to the effective date of termination, provided they are otherwise entitled to vacation leave with pay. Section 2. Sick Leave. Sick leave with pay may be granted to all probationary and regular employc~ within the unit who are regularly ~ployed in permanent full-time positions. Sick leave shall be accrued for each month of ~¢~loyment in accordance with the following schedule: 120/112 hour bi-weekly ~loyees 80 hour bi-weekly employ~ Sick Leave Credits 12 hours per month 8 hours per month Sick leave shall be granted to an ~,~loyee only for actual working time off. Accumulation of sick leave shall be unlimited. -8- In order to receive compensation while absent on such leave, the ~;~loyee shall notify his/her ~,,,Lediate superior or the de~rtment he~d prior to or with- in t~) (2) 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 ~L~loyee's physician in order to receive compensation. This requirement is at the discretion of the department head. In the event of illness in the i~nediate family, an ~ployee may use accrued sick leave not to exceed three (3) days in each calendar y_~r. l.,,~Lediate family shall be designated as m~ther, father, spouse, and dependent children. Employees must notify supervisor in advance when such leave is being taken and so note on the time card. Upon anniversary of five (5) y~rs of continuous e~ployment with the City, an ~loyee in this unit shall be eligible to receive oompensation for unused sick leave in accordance with the following schedule: 120/112 hour bi-weekly ~loyees A. 25% of total accrued sick leave upon termination or retire~t, not to exceed $3,000. 80 hour bi-weekly e~ployees A. 25% of the total accrued sick leave upon termination or retire- ment, not to exceed $3,000. In the event a 120/112 hour bi-weekly e~ploycc is scheduled to work on a holiday and is out on sick leave, the holiday benefit in hours will be used to reduce the hours of sick leave used. 120/112 hour e~ployees: 12 hrs. sick leave = 24 hr. shift 12 hrs. holiday credit Section 3. Holidays. The holidays for 120/112 hour bi-wc=kly ~mployc~ in this unit are as follows: N~ y~r' s Day Washington ' s Birthday Memorial Day Independence Day Labor Day Veteran ' s Day Thanksgiving Day C~ristm~.~ Day January 1 3rd Monday, February ~a~t Monday, May July 4 1st M~nday, S~t~ber November 11 4th Thursday, November December 25 The 80 hour bi-weekly e~ployees in this unit shall be entitled to the s~e holidays off as other 80 hour ~ployc~ in the city, which in no event shall be less than the above listed holidays. -9- Holiday pay for the 120/112 hour bi-weekly e~ployees in this unit shall be 12 hours pay at their regular rate of paY. In addition to regular pay for hours worked, employees in this unit shall be paid holiday pay, whether on or off duty on the holidays above. Section 4. Bereav~nent Leave. In the evemt of a death in the family, a 120/112 hour bi-weekly ~ployee shall be eligible for two working days (48) hours off with pay to attend the funeral; an 80 hour bi-weekly employee shall be eligible for three working days off (24 hours) with paY, subject to the following provisions: A. ~ne relatives designated shall include father, mother, wife, husband, brother, sister, daughter, son, grandparents, brothers and sisters having one parent in oommon, and those relationships generally called "step", providing persons in such relationships have lived or have b~n~ raised in the family home and have oontinued an active family relationship. B. To be eligible for bereav~nent leave, the employee must attend or make a bona fide effort to attend the funeral. C. Bereav~ent leave is not oompensable when the e~ployee is on leave of absence, vacation, bona fide lay-off, or for days falling outside the e~ployee's regular work period. D. Bereaveaent leave is not chargeable against sick leave. Ail request for paid bereav~nent leave shall be subject to the approval of the personnel officer. Section 1. General. Employees in this unit shall be assigned to either a 8 hour or 24 hour shift. The work week will consist of 40 or 60 hours respectively. Effective January 2, 1984, those ~loyees assigned to a 2 platoon 60 hour work week will have their work week mended to a 3 platoon 56 hour work week. The work schedule shall be similar to San Diego's 24-day cycle. Compensatory time off, not in lien of regular overtime, will be accrued at the rate of one hour off for each hour worked with the approval of the department head. Work in excess of the ~loyee's regular scheduled time will constitute over- time, and if such time is approved, it shall be compensated at one and one-half (1½) times that e~ployee's regular rate of paY. -10 - Section 2. Dues Deduction. upon writte~ request to the personnel Department, ~ployees my elect to pay dues to the Poway Firefighters Association through payroll deduction. Check will be ma_de payable to the Poway Firefighters Association, only. AR~I _~. 8. BfXqEFITS. Section 1. Hospital and Medical. H_~lth benefit pr~ni~ for each ~%~ployee shall be paid in full by the City. Dependents of each ~%~loyee may also be ~overed by h_~3th benefit ooverage, upon proper application and acceptance. The cost of dependent coverage of the medi- cal, and dental plan will be shared between the city and the ~nploycc. The city shall pay one-half of the dependent Medical and Dental coverage during the life of this agre~nent. Any incr~es in dependent medical or dental, which costs may take affect after June 30, 1985, shall be paid by the ~L~loyee. The ~ployee's share of the cost will be made through payroll deduction. Section 2. Life Insurance. The first day of the month following date of hire, an ~loyee, upon proper application and acceptance by the insurance o~mpany, shall be covered under a group life insurance plan that is approximately equal to their annual salary or a minim~ of $10,000. Section 3. Long Term Disability Inocme Insurance. This ~ployee benefit provides for the payment of a monthly income benefit payment for those covered ~>loyees totally disabled by injury or sickness. The monthly benefit provided under this coverage will be 60% of the ~mployee's monthly _~rnings to a maximum of $1,000 per month. The insurance carrier is responsible for calculating the exact benefit ~ount, based on each individual's income status. The insurance carrier for this coverage requires a thirty (30) day waiting period from the first day of the disability to the beginning of the monthly benefit payment period. Monthly benefits are paid, with certain exceptions, as explained in the Group Insurance handbook, until the recovery from the injury or sickness or until the ~nployee reaches age 65. The City pays 100% of the premium. An ~-~loyee may use sick leave and vacation to suppl~nent coverage under this benefit up to, but not in ~xcess of 100% of his regular rate of pay. -11 - A~TIC~R 9. SF_/~ICE A~) SP~I~L PAY. Section 1. Tuition Reimbursene~t. ~mployees in this unit shall be allowed to participate in the tuition reimbur- s~nent program outlined in the Personnel ~] es. The maximum ~ount of reimbur- sement shall be $150 per fiscal y~r per e~ployee. Section 2. Uniforms and Equi~nent. The City will provide and maintain all uniforms that are required by the City in accorOance to the following: ae A one-time clothing allowance of $200 will be granted to the 120 hour bi-weekly e~ployee after the ~;~loyee successfully completes the ini- tial probationary period; A maintemnce and re~lacenent allowance of $200 annually shall be paid to each 120/112 hour bi-weekly ~mployee in ~,arterly installments of $50 each; C. Safety clothing required in the performance of duties shall be furn- ished by the City and must be worn when performing hazardous duties; Standards of maintenance of uniforms and equiunent shall be determined by the city, and e~ployc~ must maintain these standards; E. Uniforms include, but are not limited to: 1. Boots 5. (bveralls 9. T-Shirts 2. Shirts 6. Jacket 10. Belt 3. Pants 7. Socks 4. Patches 8. Name plates Section 3. Probation. All appointments shall be for a probationary period of not less than one y~r. During the probationary period, the ~mploycc may be rejected at anytime without the right of appea~ ! or b~ring. The Department Hera shall have the authority to extend the initial period of probation for an additional thrcc (3) months. Any e~ployee rejected during the probationary period fr~n a position to which he/she has be=n promoted shall be reinstated to a position in the class from which he/she was promoted unless he/she is discharged from the City. On recommendation of two or more supervisors, a nonprobationary e~ployee may be placed on special probation, however, he/she shall have the right of direct appeal of the special probation to the City Manager. The City Manager must be notified of the ~L~loyee's desire to appel_ ] the special probation within ten (10) calendar days of the u~loyee's having bc~n placed on special probation. -12 - Section 4. Safety. The Association adopts the following by reference: - The City has a Central Safety fDmnittee with the representatives fr~m all units; - The City and all ~loyees shall comply with any applicable F~deral and State laws; - The City and all ~ployees shall comply with any policy and/or pro- cedure which my frc~a time to time be prcmulgated by the City Council. Section 5. Actinq Pay. A. N0utine Scheduling. An ~%~loyee who works in an acting capacity in a higher classification due to the unavailability of a sufficient number of Fire Engineers or Fire Captains to provide for routine scheduling requirenests will be compensated at the next step in the salary range or a minimum of five (5) percent above their current rate of compensation for the hours worked out of class. NDutine scheduling requirenents shall not include periods where e~ployc~ are on sick leave, vacation leave, or any other form of normal leave. An ~ploycc assigned to work out of class for an uninterrupted period of thirty (30) or more calendar days in a higher classification or rank due to the absence of an ~loyee or a vacancy in the work force, will be compensated at the rate of pay for that higher classification or rank after the expiration of the thirty (30) calendar days. This pro- vision is not applicable to an out of class assignment which is con- sidered to be bona fide education, training and development, job enlargenent or job enrichment program. Section 6. Meal and Rest Periods. Meal periods and rest periods will be permitted at scheduled intervals, and insofar as they are practicable and consistent with operational interests. The 120/112 hour bi-weekly ~loyees in this unit shall receive $8.00 per pay- period toward the cost of on-duty meals. This anDunt shall be payable monthly to the Poway Firefighters Association. -13- Section 7. Travel Expenses. A. Prior approval of the department h~H and final approval of the City Manager shall be required prior to reimbursenent for travel expenses. B. R~ployees using their own vehicle on approved City business travel will be reimbursed at a rate of thirty cests (.30) per mile. C. Employees on approved official business away frcm the City will be reimbursed for actual and necessary expenses incurred. D. In order to be reimbursed, e~ployees must include original receipts for all expenses with the reimbursenent claim form. E. ~dvances of travel expenses may be allowed at the sole discretion of the city Manager. Section 8. Transfers. If an ~loyee assigned to a 120/112 hour bi-w~kly work schedule is transferred to a position on a 80 hour bi-weekly schedule, the ~oloyees sick leave and vacation leave accrual rates along with their respective balances shall be adjusted proportionately to reflect the new schedule for a 80 hour bi-wcc~kly ~ployee. If an ~loyee is transferred frcm an 80 hour bi-weekly schedule to a 120/112 hour bi-weekly schedule, the sick leave and vacation accrual rate and balances shall be similarily adjusted. Section 9. Lay-off and Reemployment. The City my abolish any position or ~,~loyment and the ~ployee my be laid-off without taking disciplinary action and without the right of appeal. Persons to be laid-off shall be given at least ten (10) calendar days prior notice, and they shall be maintained on a re~m~ployment list for a period of twelve (12) months. The order of lay-off shall be based on prior performance and seniroity as determined by the City. Section 10. R_~ ignations · An ~ployee wishing to resign in good standing shall file with the department hea_a a written resignation stating the effective date and rea.~ons for resigna- tion at l~.~t two weeks prior to the effective date of resignation. The city will pay an ~ploycc for all hours worked within 72 hours after ter- mination, and will ther_~after pay all accumulated reimbursable benefits as ~rly as f_~.~ible. An ~loyee who has resigned with a good record will be given preferential con- sideration for rehire if a position is available. Decision to rehire is at the discretion of the city, and the e~ployee will not re-establish rights and/or benefits lost at the time of resignation. -14 - Section 11. Credit Union. Employees may elect to make credit union contributions deductions. ARTIER 10. Grievance Procedure. through payroll In addition to Ste~ Five of the Grievance Procedure set forth in the Personnel Rules, the final level of review shall be contained in the Me]Drand~n of Understanding with the Association as follows: If the ~m~loyee does not agree with the decision reached in Ste~ Five of the Grievance Procedure, he/she my present the appeal in writing to the City Council. Final Level of Review: The City Council upon receiving the grievance shall take such actions and such methods as it chooses and render a writte~ final and binding decision. AR~I(~R 11. Retirement and Social Security. The City will provide retirement benefits through the Public ~ployees Retirement System. The City does not participate in the Social Security System. Effective at the start of the pay period beginning July 4, 1983, the City will pay (7) percent of the employees contribution into the Public Employees Retirement System in addition to the normal ~ployers contribution. The seven (7) percent payment shall be made to PERS in the m~me of the e~ployee to be cre- dited to the employees account with PE~S. The City shall annually notify the ~L~loyee of the annual and total contribution rode to PERS on behalf of the ~%k~loyee. The City shall contract with the Public ~mployees Retirement System to provide the 1959 Survivor's Benefit Opiton. AI~I~. 12. Maintenance of Benefits. All rights, privileges, and terms and conditions of employment in full force and effect under the previous M.O.U. and not in conflict herewith shall become a part herein until mutually modified, or otherwise changed by the parties hereto. 13. Job Actions. The Association agrees not to strike or otherwise engage in withholding services or concerted action during the term of this agrc~ent. A].~o, the City agre~ not to lock out the e~ployees. -15- All other ~mployee rights, privileges, and benefits personnel ~les of the City of poway. are included in the ARtieR 15. Post{hq of .~rccme~t, A copy of this agr~nt will be initially distributed to all e~ployees, give~ to all new employees hired into the unit and made available both at the Fire Stations and with the degartme~t head. The undersigned, representing the City and the Association do hereby adopt the terms and conditions set forth herein, and recoam~nd the City Council and mem- bers of the Association approve s~ne. For the City: .-Bowersox, cit Manag joh T Fit . Dir~kor of A~ninistrative services For the Association: Timothy E. Carle- M~ga~ J. ~Sristian Jr~ christian A. Holm Miles E. j~Jhn -16-