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
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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
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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.
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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.
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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:
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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.