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Res 85-052RESOLUTION NO. 85-052 A Rw-qOLUTION OF THE CITY COUNCIL OF THE CITY OF PO~AY, CALIFORNIA, ADOPTING THE M~RA~M OF URK)ERSTANDING BET~.N THE CITY OF POWAY ARD THE POWA~ FIRE FIGHTERS ASSOCIATION ~ AMENDING THE FINANCIAL PLAN FOR FISCAL YEAR 1985-1986 WHEREAS, representatives of the Poway Fire Fighters' Association have met and conferred in good faith with representatives of the City of Poway in accor- dance with Goverrm~_nt Code Section 3500 in an attempt to reach a memorandum of understanding regarding wages, hours and other terms and conditions of e~loyment; and WHEREAS, as a result of these m~ctings, a recoam~ded ~morandum of under- standing has been jointly prepared; and WH~, the City Council of the City of Poway wishes to adopt said randum of understanding; and WqTEREAS, it is necessary to amend the fiscal year 1985-1986 Financial Plan to provide for the changes in the Memorandum of Understanding with the Poway Fire Fighters' Association. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DOES HERW~Y RESOLVE, DECLARE, DETERMINE ASE) ORDER AS FOLTfDWS: That the M~rorandum of Understanding between the City of Poway and the Poway Fire Fighters' Association, which has been affixed to this reso- lution and marked Attachment A is hereby adopted. 0 That the Financial Plan for fiscal year 1985-1986 is hereby amended to provide for changes in the compensation of city employees contained in the Memorandum of Understanding with the Pow~ay Fire Fighters' Association. PASSED, ADOPT~D AA1D APPROVED, by the City Council of the City of Pow-ay, California, at an adjourned regular .n?~ct~thereef this 16th day of July, 1985. Carl R. Kruse, Deputy Mayor Marjori~ K. Wahlsten, City Clerk Effective July 1, 1985 ARTI~,R 1. ARTI~ ,w, 2. ARTI~,R 3. ARTICLE 4. AR~ICT,R 5. ARTI~,M 6. Safety Memorandum of Understanding Table of Oontents 1. Purpose ...................... Scope ....................... 3. General Provisions ................. A. City ~wployer/Employee R~lations Resolution .................. B. City Affirmative Action Resolution ..... - . C. Construction ................. D. City Rights ................. unit Determination .............. Jurisdictional Disputes ............ Awards .................... Time Spent for F~t & Confer or Grievances .................. Representatives Access to Work Site ...... Employee Use of CiTM Facilities ........ Availability of Data ............. SEVERABILITY ~ SAVINGS ................ SYMPATHY ACTION ..................... DURATION OF AGRk~V~ENT .................. r ,rAVES ......................... 1. Vacation ..................... 2. Sick Leave .................... Page 1 1 1-3 2 2 2 3 3 4 4 4-6 6-9 6-7 7-8 ARTI('~,R 7. ARTIC~,~. 8. ARTIC~,~. 9. ARTI~ ,e. 10. ARTICLE 11. ARTICLR 12. ARTICLE 13. ARTI(~,w. 14. ARTIC~,w. 15. ARTICnR 16. 3. Holidays ...................... 8 4. Bereave~aent Leave ................. 8-9 PAYROLL & WORK ~ ................... 9 1. General ...................... 9 2. Dues Deduction ................... 9 BENEFITS ........................ 9 -10 1. Hospital and Me~_~ical ................ 9 2. Life Insurance ................... 10 3. Long Term Disability Income Insurance ....... 10 SERVICE & SP~.J3J~ PAY .................. 10-14 Tuition & Reimbursement .............. 10 Uniforms & Equi[m~nt 10-11 Probation ..................... 11 Safety ....................... 12 ALPc i ng Pay 12-13 _Me~/[ & Rest Periods ................ 13 Travel Expenses .................. 13 Transfers ..................... 13 Lay-off & Reemployment ............... 13 Rmsignations .................... 14 Credit Union .................... 14 GRIEVANCE PROCEDURE ................... 14 RET~ AND SOCIAL SEO3RITY ............. 14 MAINTENANCE OF BENEFITS ................. 15 JOB A~TIONS ....................... 15 PERSONNRn RULES ..................... 15 FAIR LABOR STANDARDS ACT - RBDPENER ........... 15 POSTING OF AG~RW~NT .................. 15 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. M~D~ OF U~D]~L'TA~DIN~ This is a memorandum of understanding as provided for in the California Government Code, Sections 3500 through 3510, which is also known as the Myers- Millias-Brown B~t. 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 agreement shall become effective when ratified by the Association and adopted by the City Council of the City of Poway. Section 1. ~se. This agrc~.--~aent recognizes the Association as the majority representative of the safety unit, which consists of Fire Captain, Fire Engineer, Fire Prevention Inspector and Firefighter and represents the unit for matters within the scope of ~ct and confer. Section 2. Sco~e. Meet and confer is limited to wages, hours and other terms and conditions of e~ployment, and shall not include any items not covered by this agreement or adopted by reference in this agrc=.-~nt or any subject prcc~mpted by Federal or State law. Section 3. General Provisions. A. City ~Nployer-~loyee Relations Resolution. The Association herein adopts by reference the City Em~loyer-~m~loyee Relations Resolution in its present form. The City agrees to meet and consult with the Association regarding the impact on its members of proposed amendments. B. City Affirmative Action Resolution. The Association herein adopts by reference the City Affirmative Action Plan in its present form. The City agrees to.m~ct and consult with the Associa tion regarding the impact on its members of proposed amend- mentso C. Construction. The rights, powers and authority of the City in all matters shall not be modified or restricted by this agr~-~ent. In interpreting the language of this agreement, first the plain me~ ning of the language shall prevail, then the intent of the parties shall be considered, then the trade or industry usage of the language shall be considered. -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, committees, and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of operations; determine the methods, means and personnel by which operations are to be conducted; determine the con- tent of job 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 work. The Association recognizes and hereby adopts by reference the following City procedures: Unit Determination. The City reserves the privilege of establishing units for ~cct and confer, but will maintain the safety unit for the duration of this agreement. Jurisdictional Disputes. In the event of jurisdictional disputes between competing employee organizations or unit claims, the employees of all units shall continue working under the agrcament in force at the time. Awards. Service Recognition and Special Awards shall be granted or not granted at the discretion of the City Council. Tim~ Spent for Meet and Confer and Grievances. The City allows reasonable time off without loss of benefits for a reaso~ble number of recognized representatives of the Association for the purpose of mcct and confer and for grievance representation, l~soD~hleness is determined by the City Manager. Representatives of ~loyee organizations may reasonable access to work location only after obtained permission of the City Manager. be allowed they have Employee organizations may, with prior approval of the City Manager, be granted the use of City facilities during non- working hours for meetings of City employees, provided space is available, and provided further such meetings are not used for organizational activities, membership drives, or politi- cal activities of City employees. -2- Availability of Data. The City will make available to employee organizations such non-confidential information per- taining to employment 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 Code. 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 reasonable costs, where applicable. Information which sb~] 1 be made available to employee organi- zations includes regularly published data covering subjects under discussion. Data collected on a promise to kccp its source confidential may be made available in statistical sum- maries, but shall not be made available in such form as to disclose the source. Nothing in this procedure shall be construed to require disclosure of records that are: (1) (2) (3) Personnel, medical and similar files, the disclo- sure of which would constitute an unwarranted inva- sion of persona] privacy or be contrary to City policy; Working papers or memoranda which are not retained in the ordinary course of business or any records where the public interest served by not making the record available, clearly outweighs the public interest served by disclosure of the record. Records pertaining to pending litigations to which the City is a party, or to claims or appeals which have not b~_n settled. (4) Nothing herein shall be construed as requiring the City to do research for an inquirer or to do programming or assemble data in a manner other than usually done by the City. Article 2. Severability and Savings. If any portion of this agreement, or the application of such portion to any person or circumstance, shall be invalidated by judical or legislative action, the remainder of this agr~.~ent, 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. The Association will be duly notified of any legislative action invalidating any section of this agreement. -3- Article 3. Sympathy, During the term of this agreement, neither the Association nor any person or persons covered by this agreement shall engage in any sympathy action or action of any type in support of any other unit or units, person or persons, or employee organizations not having an agreement in effect with the City. Article 4. Duration of A~rccment. Except as provided in Article 10, this entire agrc~.~t shall cc~L,~_nce at 12:01 A.M. on July 1, 1985, and terminate at 11:59 P.M. on June 30, 1986. At the expiration of this agreement, in whole or in part and in the absence of a new agreement, the Association and the City agree to continue operating under the provisions of this agreement until such time as a new agreement is reached, provided, however, such new agreement shall be retroactive to the date of expiration of this agreement or any part of this agreement. Article 5. Wages. The following position classifications are established as full-time at the salary ranges indicated below. R~ployees 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 1, 1985 POSITION SALARY STEPS RANGE A B C D E Fire 550 Fire Captain: Bi-Weekly 1002.67 1053.73 1107.30 1163.90 1223.38 Hourly (112 hours) 8.952 9.408 9.887 10.392 10.92 Hourly (80 hours) 12.533 13.172 13.84 14.549 15.292 Approx. Monthly 2173 2283 2399 2522 2651 -4- POSITION Fire Engineer: Bi-Weekly SALARY Fire 538 Hourly (112 hours) Hourly (80 hours) Approx. Monthly Fire 538 Fire Prevention Inspector: Bi-Weekly Hourly (112 hours) Hourly (80 hours) Approx. Monthly Fire 525 Firefighter: Bi~qeekly Hourly (112 hours) Hourly (80 hours) Approx. Monthly Fire 500 Firefighter (Prob.) Bi-Weekly Hourly (112 hours) Hourly (80 hours) A~rox. Monthly A 889.98 7.946 11.125 1928 A 889.98 7.946 11.125 1928 A 781.83 6.981 9.773 1694 A 609.63 5.443 7.620 1321 B 934.97 8.348 11.687 2026 ~934.97 8.348 11.687 2026 B 821.69 7.337 10.271 1780 B 640.73 5.721 8.009 1388 STEPS C 982.97 8.777 12.287 2130 C 982.97 8.777 12.287 2130 C 863.74 7.712 10.797 1871 C 673.41 6.013 8.418 1459 D 1033.00 9.223 12.913 2238 D 1033.00 9.223 12.913 2238 D 907.71 8.105 11.346 1967 D 707.76 6.319 8.847 1534 E 1085.69 9.694 13.571 2352 E 1085.69 9.694 13.571 2352 E 954.14 8.519 11.927 2067 E 743.87 6.642 9.298 1612 -5- In the event that there is a significant increase in the cost of living during the life of this agreement, the City agrees to meet with representatives of the Association to discuss the in,pact on the association members. Upon certification and for as long as they renain certified, employees fill- ing the position of paramedic shall receive the paymant of a bi-weekly supple- mentary wage adjustment of $115.39 The Paramedic Coordinator shall receive the payment of a bi-weekly suppl~nentary wage adjustment of $46.15. Article 6. Leaves. Section 1. Vacation. All employees who have served more than one year of continuous service shall be entitled to vacation leave with pay except the following: Employees who have served less than one continuous year in the service of the City. Annual vacation leave shall be computed in accordance with the following schedule: ymars of Continuous Employment Vacation Leave Credits 1 thru 5 112 hour bi-weekly employees 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 ye~_r. After 5 112 hour bi-weekly employees 15 hours per month for a total of 180 hrs. per year. 80 hour bi-weekly employees 10 hours per month for a total of 120 hrs. per year. After 10 112 hour bi-weekly employees 18 hours per month for a total of 216 hrs. per 80 hour bi -weekly employees 12 hours per month for a total of 144 hrs. per y~mr After 15 112 hour bi-weekly employees 20 hours per month for a total of 240 hrs. per year. 80 hour bi-weekly employees 13.3 hours per month for a total of 160 hrs. per year. -6- Upon anniversary of five (5) years of continuous employment with the City, an employee in this unit shall be eligible to receive compensation for unused sick leave in accordance with the following schedule: 112 hour bi-weekly employees A. 25% of total accrued sick leave upon termination or retirement, not to exceed $3,000. 80 hour bi-weekly employees A. 25% of the total accrued sick leave upon termination or retire- ment, not to excccd $3,000. In the event a 112 hour bi-weekly employee is scheduled to work on a holiday and is out on sick leave, the D~)rmal holiday pay will be paid. Section 3. Holidays. The holidays for 112 hour bi-weekly employees in this unit are as follows: New Y~r's Day Washington' s Birthday Memorial Day Independence Day Labor Day Veteran' s Day Thanksgiving Day Christmas Day Janizary 1 3rd ~bnday, FebD~ary Last Fmnday, May July 4 1st Monday, September November 11 4th Thursday, November December 25 The 80 hour bi-weekly employees in this unit shall be entitled to the same holidays off as other 80 hour employees in the City, which in no event shall be less than the above listed holidays. Holiday pay for the 112 hour bi-weekly employees in this unit shall be 12 hours pay at their regular rate of pay. In addition to regular pay for hours worked, ~ployees in this unit shall be paid holiday pay, whether on or off duty on the holidays above. Section 4. Bereavement Leave. In the event of a death in the family, a 112 hour bi-weekly employee shall be eligible for two twenty-four hour shifts (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: ae Be Ce De The relatives designated shall include father, mother, wife, husband, brother, sister, daughter, son, grandparents, brothers and sisters having one parent in common, and those relationships generally called "step", providing parsons in such relationships have lived or have been raised in the family home and have continued an active family relationship. To be eligible for bereavement leave, the employee must attend or make a bona fide effort to attend the funeral. Bereavement leave is not compensable when the employee is on leave of absence, vacation, bona fide lay-off, or for days falling outside the employee's regular work pariod. Bereavement leave is D~t charg~hle against sick leave. Ail request for paid bereavement leave shall be subject to the approval of the Personnel Officer. AE~I~.R 7. PAYROLL A~D ~)RK W~WK. Section 1. General. Employees in this unit shall be assigned to either an 8 hour or 24 hour shift. The work week will consist of 40 or 56 hours respectively. Ccmpensatory time off, will be cashed out in the first pay period of this agreement at the rate one and one-hail times the employees regular rate of pay. C~.~ensatory time off may be granted subject to the approval of the department head. Compensatory time off, in lieu of paid overtime, shall be taken as 1½ hours off for each overtime hour worked and must be used within the established work period in which it was earned. Work in excess of the employee's regular scheduled time will constitute over- time, and if such tim~ is approved, it shall be compensated at one and one-b~]f (1½) times that employee's regular rate of pay. Section 2. Dues Deduction. Upon written request to the Personnel Department, employees may elect to pay dues to the Poway Firefighters Association through payroll deduction. C~ecks will be made payable to the Poway Firefighters Association, only. AR~I~.R 8. B~ITS. Section 1. Hospital and Medical. Health benefit premiums for each employee shall be paid in full by the City. Dependents of each employee may also be covered by health benefit coverage, upon proper application and acceptance. The cost of dependent coverage of the medi- cal, and dental plan will be shared between the City and the employee. The City shall pay one-hail of the dependent Medical and Dental coverage during the life of this agreement. The ~loyee'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 employee, upon proper application and acceptance by the insurance company, shall be covered under a group life insurance plan that is approximately equal to their annum] salary or a minimum of $10,000. Section 3. Long Term Disability Income Insurance. This employee benefit provides for the payment of a monthly income benefit payment for those covered employees totally disabled by injury or sickness. The monthly benefit provided under this coverage will be 60% of the employee's monthly ~arnings to a maximum of $2,000 per month. The insurance carrier is responsible for calculating the exact benefit amount, based on each individ,,~] 's incom~ 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 b~ndbook, until the recovery from the injury or sickness or until the ~mployee reaches age 65. The City pays 100% of the premium. An ~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. A~I. ICrR 9. S]~VICE A~D SP]~CIAL PAY. Section 1. Tuition Reimbursement. E~ployees in this unit shall be allowed to participate in the tuition reimbur- sement program outlined in the Personnel Rules. The maximum amount of reimbur- sement shall be $150 per fiscal year per employee. Section 2. Uniforms and Equipment. The City will provide all uniforms that are required by the City in accordance to the following: ae An annual uniform allowance of $200 will be granted to all 112 hour bi- weekly employees on or about July 31 of each year for the purchase and replacement of the uniforms listed in it~n E. -10 - Be Ce De Any new 112 hour bi-%~ly employcc that is hired following the beginning of a fiscal year shall be granted a uniform allowance prorated on the basis of the number of days r~aining in the fiscal year. The amount of the allowance shall be calculated by multiplying $200 times a factor created by dividing the number of days remaining in the fiscal year by 365. The amount calculated shall be paid to the new employee following the employee's completion of the first full bi- weekly pay period. Safety clothing required in the performance of duties shall be provided by the City. Employees shall be required to report for work in the required uniform and shall wear the required safety clothing when per- forming hazardous duties. Standards of maintenance of uniforms and equi[m%ent shall be determined by the City. Employccs will be required to maintain these standards. E. Uniforms to be purchased through the uniform allowance includes: 1. Shirts 6. Socks 2. Pants 7. Name plates 3. Patches 8. T-shirts 4. Coveralls 9. Belt 5. Jacket Section 3. Probation. AIl appointments shall be for a probationary period of not less than one y~r. During the probationary period, the employee may be rejected at anytime without the right of appeal or hearing. The Department Head shall have the authority to extend the initial period of probation for an additional three (3) months. If any employee is rejected during the probationary period from a position to which he/she has been promoted, the City shall make every reasonable effort to retain the employee in any vacant 3position in a public safety position for which he/she is c£~alified. Such efforts may include acceptance of the employee's request for a voluntary d~motion to a vacant position. This provision shall not apply if the employee is released from probation due to repeated or single acts of misconduct specified in Rule 14.2 of the City's Personnel Rules. On r~dation of two or more supervisors, a nonprobationary employee 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 employee's desire to appeal the special probation within ten (10) caleDdar days of the employee's having ~cn placed on special probation. Section 4. Safety. The Association recognizes that the City has an Accident Prevention Program and its members agree to comply with its policies and with Federal and State laws applicable to on-the-job safety. The City agrees to consult with the Association regarding the impact on its members of City on-the-job safety poli- cies and procedures. Section 5. Acting Pay. Ag (kx~sation for working in an acting capacity in the ranks of Fire Engin~_r or Fire Captain shall be paid at the next step in the employee's current range or a minimum of five percent (5%) above the en~loyee's current rate of compensation. The acting pay will commence after the employee has worked one full twenty-four (24) hour shift in an acting capacity, retroactive to the beginning of the shift. Ther~fter, acting pay will continue for every consecutive hour worked in an acting capacity until the employee is relieved of the acting status. Any intervening hours worked in the employee's regular capacity, shall create an additional full twenty-four (24) hour shift requirement before acting pay will c~nce. Example 1 - Firefighter A works one full twenty-four (24) hour shift as an acting Engin~_~r. - The next shift he/she is off duty. -The next shift, Firefighter A works twelve hours as an acting Engineer and is relieved frcm acting duty at 2000 hours. - Firefighter A would be paid for thirty six hours at the acting pay rate. E~mple 2 - Firefighter A works a full twenty-four (24) hour shift as an acting Engin~__r. - The next shift is his/her day off. - The next shift Firefighter A works a full twenty-four (24) hour shift in his/her regular capacity. - The next shift is his/her day off. The next shift, Firefighter A works eight hours as an acting Engineer and is relieved at 1700 hours to finish his/her shift in his/her regular capacity. - Firefighter A would be paid for 24 hours at the acting pay rate. -12- Be Employees required to work in an out of class position shall m~ct one of the following requir~nents when a certification process for the positions of Fire Engineer and Fire Captain have been established: 1. Be on an active promotional list for the position to be worked; or Have completed an established certification process for the position to be worked and have a letter of competence, signed by the Fire Chief, certifying the employee to be c~alified to work in the out of class position in the employee's personnel file. Section 6. M~ml and Rest Periods. Me~__l periods and rest periods will be permitted insofar as they are practicable and consistent with operational interests. The Poway Firefighters' Association shall receive $8.00 per member, per pay- period toward the cost of on-duty me_als for its members. Section 7. Travel Expenses. Prior approval of the department head and final approval of the City Manager shall be required prior to reimburs~nent for travel expenses. B. ~ployees using their own vehicle on approved City business travel will be reimbursed at a rate of thirty cents (.30) per mile. C. E~ployees on approved official business away from 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. ~tvances of travel expenses may be allowed at the sole discretion of the City Manager. Section 8. Transfers. If an ~ployee assigned to a 112 hour bi-weekly work schedule is transferred to a position on an 80 hour bi-weekly schedule, the employccs sick leave and vaca- tion leave accrual rates along with their respective balances shall be adjusted proportionately to reflect the new schedule for an 80 hour bi-weekly employcc. If an employee is transferred from an 80 hour bi-weekly schedule to a 112 hour bi-weekly schedule, the sick leave and vacation accrual rate and balances shall be similarly adjusted. Section 9. Lay-off and Rc~--m~lo~anent. The City may abolish any position or employment and the ~mployee may be laid-off without disciplinary action and without the right of appeal. Persons to be laid-off shall be given at least ten (10) calendar days prior notice, and they shall be maintained on a reemployment list for a period of twelve (12) months. The order of lay-off shall be based on prior performance and seniority as determined by the City. -13- Section 10. Resignations. An ~ployee wishing to resign in good s~nding shall file with the department head a written resignation stating the effective date and reasons for resigna- tion at least two weeks prior to the effective date of resignation. The City will pay an employee for all hours worked within 72 hours after termin- ation, and willthereafterpayall accumalatedreimbursablebenefits as ~rlyas 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. Section 11. Credit Union. Employees may elect to make credit union contributions through payroll deductions. AR~I~.W. 10. Grievance Procedure. In addition to Step Five of the Grievance Procedure set forth in the Personnel Rules, the final level of review shall be contained in the Memorandum of Understanding with the Association as follows: If the employee does not agree with the decision reached in Step Five of the Grievance Procedure, he/she may 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 written final and binding decision. AR~iCLE 11. Retirement and Social Security. The City will provide retirement benefits through the Public Employees Retirement System. The City does not participate in the Social Security System. The City will pay (7) percent of the employees contribution into the Public Employees Retirement System in addition to the normal employers contribution. The seven (7) percent payment shall be made to PERS inthenameof the employee to be credited to the employees account with PERS. The City shall ann,,ally notify the employcc of the ann,,~l and total contribution made to PERS on behalf of the employee. The City currently contracts with the Public Employees Retirement System to pro- vide the following system features: 1. Two percent (2%) at age 55 for~l~ 2. Average of three highest years compensation 3. 1959 Improved Survivor's Benefit. -14 - A~I~.~. 12. Maintenance of Benefits. A]] rights, privileges, and terms and conditions of employment in full force and effect under the previous M.0.U. and not in conflict herewith shall become a part herein until mut~a]ly modified, or otherwise changed by the parties hereto. ARTICn~. 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. Also, the City agrees not to lock out the e~ployccs. All other employee rights, privileges, and benefits are included in the personnel Rules of the City of Poway. 15. Fi Both parties acknowledge that Antonio Transit District exte Fair Labor Standards Act to st Labor issues fin~] regulations this agreement, both parties The purpose of the reopening o: ~R LABOR STANDARDS ACT - R~0PENER the U.S. Supreme Court decision in Garcia vs. San ~ded the applicability of the provisions of the ~te and local governments. If the Department of that are binding on the City, during the tern of agree to reopen all Articles of this Agreement. the Agr~ment sb~ll be to provide an opportunity for the parties to ~ct and confer in good faith to ~odify the Agrc=~nt to m~ct the following goals: 1. To bring the City's policies and practices into compliance with the regulations implementing the Fair Aahor Standards Act; and 2. To achieve compliance at the least cost to the City. A~I~.W. 16. Posting of Agreement. A copy of this agrc~--n~-nt will be initially distributed to all employees, given to all new employees hired into the unit and made available both at the Fire Stations and with the department head. -15- SIGNATURES The undersigned, representing the City and the Association do hereby adopt the terms and conditions set forth herein, and recoamend the City Council and mere- bers of the Association approve same. For the City: Jo~ A: Po-sey, Personnel Manager Gail % Sullivan, Administra ' e Analyst For the Association: Chris Heiser Miles Julihn Cathy Orchard ~ted: -16 - Vacation time can be accumulated to a maximum of 150% of one year's eligibi- lity, and accumulation above 150% shall be forfeited. The times at which an employee may take their vacation shall be determined by the department head with due regard for the wishes of the employee and par- ticul~r regard for the ncc~-_$ of the City. In the event one or more holidays fall within a vacation leave period, the normal holiday pay will be paid. Employees who terminate employment sb~ll be paid lm~p sum for all vacation leave ~rned 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 employees within the unit who are regularly employed in permanent full-time positions. Sick leave shall be accrued for each month of employment in accordance with the following schedule: 112 hour bi-weekly employees 80 hour bi-weekly employees Sick Leave Credits 12 hours per month 8 hours per month Sick leave shall be granted to an e~ployee only for actual working time off. Accuaulation of sick leave shall be unlimited. In order to receive compensation while absent on such leave, the employee shall notify his/her ia~ea_iate superior or the department head prior to or with- in two (2) hours after the time set for the beginning of his duties. Sick leave over three (3) consecutive twenty-four hour shifts (72 hours) 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 iamediate family, an employee may use accrued sick leave not to excc~ three (3) twenty-four hour shifts (72 hours) in each calendar year. Iamediate family shall be designated as mother, father, spouse, and dependent children. I]mployees must notify supervisor in advance when such leave is being taken and so note on the time card.