Res 87-091RESOLUTION NO. 87-091
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
ADOPTING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF POWAY AND
THE CALIFORNIA TEAMSTERS LOCAL 911
REPRESENTING THE NON-SAFETY EMPLOYEES AND
AMENDING THE FINANCIAL PLAN
FOR FISCAL YEAR 1987-1988
WHEREAS, representatives of the California Teamsters Local 911 have met and
conferred in good faith with representatives of the City of Poway in accordance
with Government Code Section 3500 in an attempt to reach a memorandum of under-
standing regarding wages, hours and other terms and conditions of employment;
and
WHEREAS, as a result of these meetings, a recommended memorandum of under-
standing has been jointly prepared; and
WHEREAS, the City Council of the City of Poway wishes to adopt said memo-
randum of understanding; and
WHEREAS, it is necessary to amend the fiscal year 1987-1988 Financial Plan
to provide for the changes in the Memorandum of Understanding with the
California Teamsters Local 911.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DOES
HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
That the Memorandum of Understanding between the City of Poway and the
California Teamsters, Local 911, which has been affixed to this reso-
lution and marked Attachment "B" is hereby adopted.
e
That the Financial Plan for fiscal year 1987-1988 is hereby amended to
provide for changes in the compensation of city employees contained in
the Memorandum of Understanding with the California Teamsters,
Local 911.
PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway,
California, at an adjourned regular meeting thereof this 28th day of July,
1987.
ATTEST:
Marjorie K. Wahlsten, City Clerk
NE#(X),A#O~ Mr UNO£RSTAHOXHG
THE CZTY OF K)~Y
~nd
THE HOH-~F'ETY ENPLQY£E$
Effective July 1, 1987
Nemor nclum of Un trstlncllng
(NQN-SAFETY)
ARTICLE 1.
ARTICLE 2.
ARTICLE 3.
ARTICLE 4.
ARTICLE 5.
ARTICLE 6.
ARTICLE 7.
ARTICLE 8.
GENERAL
Page
SEVERABILITY AND SAVINGS ................ 3
SYMPATHY ACTION ..................... 3
DURATION OF AGREEMENT .................. 3
WAGES ......................... 3-6
LEAVES ......................... 7-10
1. Vacation ..................... 7
2. Sick Leave .................... 7-8
3. Holidays ...................... 8-9
4. Bereavement Leave ................. 9-10
PAYROLL & WORK WEEK ................... 10-11
1. General ..... · - · · · · · · · . . . . . . 10
2. Compensatory Time 6f~ (CTO) ' ' ' ' ' ' ' ' ' ' ' ' 10
3. Dues Deduction ................... 11
BENEFITS ........................ 11-12
1. Hospital and Medical ................ 11
2. Eye Care ...................... 11
3. Life Insurance ................... 11
4. Long Term Disability Income Insurance ....... 11-12
5. Flexible Benefits Program ............. 12
Purpose ...................... 1
Scope ....................... 1
General Provisions .......... 1-3
A. City Employer/Emplo~e~ ~eia[i~n~
Resolution .................. 1
B. City Affirmative Action Resolution ......
C. Construction ................. 1
D. City Rights .................. 2
Unit Determination .............. 2
Jurisdictional Disputes ............ 2
Awards .................... 2
Time Spent for Meet & Confer and
Grievances .................. 2
Representatives Access to Work Site ...... 2
Employee Use of City Facilities ........ 2
Availability of Data ............. 2-3
ARTICLE 9.
ARTICLE 10.
ARTICLE 11.
ARTICLE 12.
ARTICLE 13.
ARTICLE 14.
ARTICLE 15.
SERVICE & SPECIAL PAY, , , · · · , , . . . , , , . . , , 12-19
1. Tuition & Reimbursement .............. 12
2. Uniforms & Equipment ................ 13
3. Probation ..................... 14
4. Safety... 14
5. Acting Pay. ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] 14-15
6. Meal & Rest Periods ................ 15
7. Travel Expenses .................. 15
8. On-Call Time .................... 15-18
9. Benefit Days .................... 18
10. Transfers ..................... 18
11. Layoff and Reemployment .............. 18
12. Resignations .................... 18-19
13. Credit Union .................... 19
14. Shift Differential ................. 19
15. Call-Back Time ................... 19
GRIEVANCE PROCEDURE ................... 19-21
RETIREMENT AND SOCIAL SECURITY ............. 21
PERSONNEL RULES ..................... 22
JOB ACTIONS ....................... 22
MAINTENANCE OF MEMBERSHIP ................ 22
POSTING OF AGREEMENT .................. 22
NEI~UN OF UHDERSTAHOXHG
This is the memorandum 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 hereinafter referred to as the
agreement, between the City of Poway, and the representatives chosen by the
majority of the members of the non-safety unit hereinafter referred to as the
Representatives.
This agreement shall become effective when adopted by the City Council of the
City of Poway.
Artl¢le l. General.
Section 1. Purpose.
This agreement recognizes the Representatives as the majority representative of
all non-management and non-confidential employees of the City, excluding the
Fire Department personnel, and represents the unit for the matters within the
scope of meet and confer, and the Representatives accept the duty of fair repre-
sentation in meet and confer and under this agreement.
Section 2. Scope.
Meet and confer is limited to wages, hours, and other terms and conditions of
employment, and shall not include any items not covered by this agreement or
adopted by reference in this agreement or any subject preempted by Federal or
State law. Amendments to this agreement that are within the scope of meet and
confer shall require prior meet and confer between the representatives and the
City.
Section 3. General Provisions.
City Employer-Employee Relations Resolution. The Representatives
herein adopt by reference the City Employer-Employee Relations
Resolution in its present form and as it may be from time to time
amended by the City Council.
City Affirmative Action Resolution. The Representatives herein adopt
by reference the City Affirmative Action Resolution and the City Equal
Employment Opportunity policy and any subsequent changes or amendments
thereto.
Construction. The rights, powers and authority of the City Council 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-
City Rights, The rights of the City include, but are not limited to
the exclusive right to determine the mission of its constituent depart-
ments, commissions, 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 content of job classifications; take all necessary actions to carry
out its mission in emergencies; and exercise complete control and
discretion over its organization and the technology of performing its
work.
The Representatives recognize and hereby adopt by reference the following City
procedures:
1. Unit Determination. The City reserves the privilege of establishing
units for meet and confer.
Jurisdictional Disputes. In the event of jurisdictional disputes bet-
ween competing employee organizations or unit claims, the employees of
all units shall continue working under the agreement in force at the
time.
3. Awards. Service Recognition and Special Awards shall be granted or not
granted at the discretion of the City Council.
Time Spent for Meet and Confer and Grievances. The City allows reason-
able time off without loss of benefits for a reasonable number of
recognized representatives for the purpose of meet and confer and for
grievance representation. Reasonableness is determined by the City
Manager.
Representatives of employee organizations may be allowed reasonable
access to work location only after they have obtained permission of the
City Manager.
Employee organizations may with prior approval of the City Manager, be
granted the use of City facilities during non-working hours for meeting
of City employees provided space is available, and provided further
such meetings are not used for organizational activities or membership
drives of City employees.
Availability of Data. The City will make available to employee organi-
zations such non-confidential information pertaining to employment
relations as is contained in the public records of the agency, subject
to the limitations and conditions set forth herein and in the
California Government Code.
Such information shall be made available during regular office hours in
accordance with the City's rules and procedures for making public
records available and after payment for reasonable costs, where
applicable.
-2-
Information which shall be made available to employee organizations
includes regularly published data covering subjects under discussion.
Data collected on a promise to keep its source confidential may be made
available in statistical summaries, but shall not be made available in
such form as to disclose the source.
Nothing in this procedure shall be construed to require disclosure of
records that are:
a®
Personnel, medical and similar files, the disclosure of which
would constitute an unwarranted invasion of personal privacy or be
contrary to City Policy;
be
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 been settled;
do
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 ~. Sever~blllty and ,lmvlng$.
If any portion of this agreement, or the application of such portion to any per-
son or circumstance, shall be invalidated by judicial or legislative action, the
remainder of this agreement, 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.
Artl¢le 3, $3mpathyActlon,
During the term of this agreement, neither the Representatives nor any person or
persons covered by this agreement shall engage in any sympathy action or action
of any type in support of any other unit or units, person or persons, or
employee organizations not having an agreement in effect with the City.
Artlcle 4, Our~tlon of A2r~nt,
This entire agreement shall commence at 12:00 A.M. on July 1, 1987, and ter-
minate at 11:59 P.M. on June 30, 1990.
At the expiration of this agreement, in whole or in part and in the absence of a
new agreement, this unit and the City agree to continue operating under the
provisions of this agreement until such time as a new agreement is reached, pro-
vided, however, that it has been agreed that the new agreement will be retroac-
tive to the expiration of this agreement.
Effective fiscal year 1987-1988, employees within the unit will receive a 5%
salary adjustment plus an additional 3.2% for a total of 8.2%. Effective fiscal
year 1988-1989, members of the unit will receive a salary adjustment of 5%.
Effective fiscal year 1989-1990, members of the unit will receive a salary
adjustment of 5%.
-3-
The following position classifications are established at the salary ranges
indicated, for employees in this unit.
EFFECTIVE JUNE 29, 1987
Classification Range
Title No. A
HOURLY RATES
B C D E
Account Clerk II 184.6 8.408 8.838
Account Clerk I 179.6 7.998 8.407
Administrative Clerk II 177.6 7.840 8.241
Administrative Clerk I 172.6 7.458 7.839
Administrative Secretary 197.6 9.575 10.064
Building Maint. Worker 185.6 8.492 8.927
Const. Maint. Worker III 210.6 10.903 11.461
Const. Matnt. Worker II 195.6 9.385 9.865
Const. Maint. Worker I 185.6 8.492 8.927
Customer Services Worker 200.6 9.866 10.371
Department Aide 207.6 10.581 11.122
Dock Attendant 171.4 7.369 7.746
Drainage Maint. Supervisor 225.6 12.667 13.314
Equip. Maint. Supervisor 231.7 13.450 14.137
Equipment Mechanic 216.7 11.589 12.181
Equipment Service Worker 176.7 7.770 8.167
Laboratory Analyst 231.6 13.450 14.137
Landscape Maint. Supervisor 223.5 12.404 13.038
Meter & Backflow Prev. Mech 210.6 10.903 11.461
Park Attendant 172.6 7.458 7.839
Park Maint. Worker III 208.5 10.677 11.223
Park Maint. Worker II 193.5 9.190 9.660
Park Maint. Worker I 183.5 8.316 8.741
Park Ranger 184.2 8.374 8.803
Pub. Serv. Inspection Sup. 244.2 15.255 16.035
Public Services Inspector 229.2 13.131 13.802
Recreation Assistant 134.8 5.111 5.373
Recreation Leader I 161.4 6.668 7.009
Recreation Leader II 181.4 8.143 8.560
Recreation Program Coord. 203.0 10.106 10.622
Secretary 187.6 8.664 9.107
Sr. Bldg. Maint. Worker 214.2 11.303 11.881
Sr. Util. Sys. Techn. 236.1 14.068 14.788
Sewage Treatment Plt. Oper. 221.1 12.110 12.729
Storekeeper II 201.6 9.965 10.475
Storekeeper I 181.6 8.160 8.577
Street Maint. Supervisor 225.6 12.667 13.314
Telephone Oper./Recept. 172.6 7.458 7.839
Utilities Sys. Mechanic 216.1 11.519 12.108
Utilities Sys. Technician 226.1 12.733 13.384
Waste Water Collect. Super. 225.6 12.667 13.314
Water Distribution Super. 225.6 12.667 13.314
Water Treatment Supervisor 246.1 15.547 16.342
Water Treat. Plt. Oper. III 231.1 13.383 14.067
Water Treat. Plt. Oper. II 226.1 12.730 13.381
Water Treat. Plt. Oper. I 211.1 10.958 11.518
9.290
8.837
8.662
8.240
10.579
9.383
12.047
10.370
9.383
10.901
11.691
8.142
13.995
14.860
12.804
8.585
14.860
13.705
12.047
8.240
11.797
10.154
9.188
9.253
16.855
14.508
5.647
7.367
8.998
11.165
9.573
12.488
15.544
13.380
11.010
9.016
13.995
8.240
12.728
14.069
13.995
13.995
17.178
14.786
14.066
12.107
9.765
9.289
9.105
8.661
11.120
9.863
12.663
10.900
9.863
11.458
12.289
8.558
14.711
15.620
13,459
9,024
15.620
14.406
12.663
8.661
12.400
10.673
9.658
9,726
17,717
15.250
5.936
7.744
9.458
11.737
10.062
13.127
16.339
14.064
11.574
9.477
14,711
8.661
13.379
14.788
14.711
14.711
18.056
15.542
14.785
12.726
10.264
9.764
9.571
9.104
11.689
10.368
13.311
11.457
10.368
12.044
12.917
8.996
15.463
16.419
14.147
9.485
16.419
15.142
13.311
9.104
13.034
11.219
10.152
10.223
18.623
16.030
6.240
8.140
9.941
12.337
10.577
13.798
17.175
14.783
12.165
9.961
15.463
9.104
14.063
15.544
15.463
15.463
18.980
16.337
15.541
13.377
-4-
EFFECTIVE JUNE 27, 1988
Classification Range
Title No. A
HOURLY RATES
B C D E
Account Clerk II 189.6 8.839
Account Clerk I 184.6 8.408
Administrative Clerk II 182.6 8.242
Administrative Clerk I 177.6 7.840
Administrative Secretary 202.6 10.065
Building Haint. Worker 190.6 8.928
Const. Malnt. Worker III 215.6 11.462
Const. Maint. Worker II 200.6 9.866
Const. Maint. Worker I 190.6 8.928
Customer Services Worker 205.6 10.372
Department Aide 212.6 11.123
Dock Attendant 176.4 7.746
Drainage Maint. Supervisor 230.6 13.316
Equip. Malnt. Supervisor 236.7 14.153
Equipment Mechanic 221.7 12.182
Equipment Service Worker 181.7 8.168
Laboratory Analyst 236.6 14.139
Landscape Maint. Supervisor 228.5 13.039
Meter & Backflow Prev. Mech 215.6 11.462
Park Attendant 177.6 7.640
Park Maint. Worker III 213.5 11.224
Park Maint. Worker II 198.5 9.661
Park Maint. Worker I 188.5 8.742
Park Ranger 189.2 8.804
Pub. Serv. Inspection Sup. 249.2 16.036
Public Services Inspector 234.2 13.804
Recreation Assistant 139.8 5.373
Recreation Leader I 166.4 7.010
Recreation Leader II 186.4 8.561
Recreation Program Coord. 208.0 10.623
Secretary 192.6 9.108
Sr. Bldg. Maint. Worker 219.2 11.882
Sr. Util. Sys. Technician 241.1 14.789
Sewage Treat. Plt. Oper. 226.1 12.730
Storekeeper II 206.6 10.476
Storekeeper I 186.6 8.578
Street Maint. Supervisor 230.6 13.316
Telephone Oper./Recept. 177.6 7.840
Utilities Sys. Mechanic 221.1 12.110
Utilities Sys. Technician 231.1 13.383
Waste Water Collect. Super. 230.6 13.316
Water Distribution Super. 230.6 13.316
Water Treatment Supervisor 251.1 16.344
Water Treat. Plt. Oper. III 236.1 14.068
Water Treat. Plt. Oper. II 231.1 13.383
Water Treat. Plt. Oper. I 216.1 11.519
9.291 9.766 10.265 10.790
8.838 9.290 9.765 10.264
8.663 9.106 9.572 10.061
8.241 8.662 9.105 9.571
10.580 11.121 11.690 12.288
9.384 9.864 10.369 10.899
12.048 12.664 13.312 13.993
10.371 10.901 11.458 12.044
9.384 9.864 1D.369 10.899
10.902 11.460 12.046 12.662
11.692 12.290 12.919 13.579
8.143 8.559 8.997 9.457
13.997 14.713 15.465 16.256
14.877 15.638 16.437 17.278
12.805 13.460 14.149 14.872
8.585 9.025 9.486 9.971
14.862 15.622 16.421 17.261
13.706 14.407 15.144 15.918
12.048 12.664 13.312 13.993
8.241 8.662 9,105 9.571
11.798 12.401 13.035 13.702
10.155 10.675 11.220 11.794
9.189 9.659 10.155 10.672
9.254 9.727 10.224 10.747
16.856 17.719 18.625 19.577
14.510 15.252 16.032 16.851
5.648 5.937 6.240 6.559
7.368 7.745 8.141 8.557
8.998 9.459 9.942 10.451
11.167 11.738 12.338 12.969
9.574 10.063 10.578 11.119
12.489 13.128 13.800 14.505
15.546 16.341 17.176 18.055
13.381 14.066 14.785 15.541
11.012 11.575 12.167 12.789
9.016 9.478 9.962 10.472
13.997 14.713 15.465 16.256
8.241 8.662 9.105 9.571
12.729 13.380 14.064 14.783
14.067 14.786 15.542 16.337
13.997 14.713 15.465 16.256
13.997 14.713 15.465 16.256
17.180 18.058 18.982 19.952
14.788 15.544 16.339 17.175
14.067 14.786 15.542 16.337
12.108 12.728 13.379 14.063
-5-
EFFECTIVE JUNE 26, 1989
classification Range H 0 U R L Y R A T E S
Title No. A B C D
Account Clerk II 194.6 9.292 9.767 10.266 10.791
Account Clerk I 189,6 8.839 9.291 9.766 10.265
Administrative Clerk II 187.6 8.664 9.107 9.573 10.062
Administrative Clerk I 182.6 8.242 8.663 9.106 9.572
Administrative Secretary 207.6 10.581 11.122 11.691 12.289
Building Maint. Worker 195.6 9.385 9.865 10.370 10.900
Const. Maint. Worker III 220.6 12.049 12.665 13.313 13.994
Const. Maint. Worker II 205.6 10.372 10.902 11.460 12.046
Const. Maint. Worker I 195.6 9.385 9.865 10.370 10.900
Customer Services Worker 210.6 10.903 11.461 12.047 12.663
Department Aide 217.6 11.693 12.291 12.920 13.581
Dock Attendant 181.4 8.143 8.560 8.998 9.458
Drainage Maint. Supervisor 235.6 13.998 14.714 15.467 16.257
Equip. Maint. Supervisor 241.7 14.878 15.639 16.439 17.280
Equipment Mechanic 226.7 12.807 13.462 14.150 14.874
Equipment Service Worker 186.7 8.586 9.025 9.487 9.972
Laboratory Analyst 241.6 14.863 15.623 16.422 17.262
Landscape Maint. Supervisor 233.5 13.707 14.408 15.145 15.920
Meter & Backflow Prev. Mech 220.6 12.049 12.665 13.313 13.994
Park Attendant 182.6 8.243 8.663 9.106 9.572
Park Maint. Worker III 218.5 11.799 12.402 13.037 13.703
Park Maint. Worker II 203.5 10.156 10.676 11.222 11.795
Park Maint. Worker I 193.5 9.190 9.660 10.154 10.673
Park Ranger 194.2 9.255 9.728 10.226 10.748
Pub. Serv. Inspection Sup. 254.2 16.858 17.720 18.626 19.579
Public Services Inspector 239.2 14.511 15.253 16.033 16.853
Recreation Assistant 144.8 5.648 5.937 6.241 6.560
Recreation Leader I 171.4 7.369 7.746 8.142 8.558
Recreation Leader II 191.4 8.999 9.460 9.943 10.452
Recreation Program Coord. 213.0 11.168 11.739 12.339 12.970
Secretary 197.6 9.575 10.064 10.579 11.120
Sr. Bldg. Maint. Worker 224.2 12.491 13.129 13.801 14.507
Sr. Util. Sys. Technician 246.1 15.547 16.342 17.178 18.056
Sewage Treat. Plt. Oper. 231.1 13.383 14.067 14.786 15.542
Storekeeper II 211.6 11.013 11.576 12.168 12.790
Storekeeper I 191.6 9.017 9.478 9.963 10.473
Street Maint. Supervisor 235.6 13.998 14.714 15.467 16.257
Telephone Oper./Recept. 182.6 8.242 8.663 9.106 9.572
Utilities Sys. Mechanic 226.1 12.730 13.381 14.066 14.785
Utilities Sys. Technician 236.1 14.068 14.788 15.544 16.339
Waste Water Collect. Super. 235.6 13.998 14.714 15.467 16.257
Water Distribution Super. 235.6 13.998 14.714 15.467 16.257
Water Treatment Supervisor 256.1 17.181 18.060 18.984 19.954
Water Treat. Plt. Oper. III 241.1 14.789 15.546 16.341 17.176
Water Treat. Plt. Oper. II 236.1 14.068 14.788 15.544 16.339
Water Treat. Plt. Oper. I 221.1 12.110 12.729 13.380 14.064
11.343
10.790
10.577
1D.061
12.917
11.457
14.710
12.662
11.457
13.311
14.275
9.941
17.089
18.163
15.634
10.482
18.145
16.734
14.710
10.061
14.404
12.399
11.219
11.298
20.580
17.715
6.896
8.996
10.986
13.634
11.689
15.249
18.980
16.337
13.444
11.008
17.089
10.061
15.541
17.175
17.089
17.089
20.975
18.055
17.175
14.783
In the event that there is a significant increase or decrease in
living during the life of this agreement, the City agrees to meet wi
tatives of the Union to discuss the impact.
the cost of
th represen-
-6-
Article 6, Leaves,
Section 1. Vacation.
All employees in the unit shall be entitled to vacation leave with pay except
the following: Employees who have served less than six continuous months in the
service of the City.
For the purposes of computing annual vacation leave, a working day shall be con-
sidered as 1/5 of the number of working or duty hours in the established work
week.
One day vacation shall be accrued for each month of employment, for a total of
twelve {12) working days per 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 accumlation 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. 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.
For the purposes of computing sick leave, a working day shall be considered as
1/5 of the number of working or duty hours in the established work week.
One (1) day sick leave shall be accrued for each month of employment, for a
total of twelve {12) working days per year.
-7-
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 four {4) days in each calendar year. Immediate family
shall be designated as mother, father, spouse, sister, brother, and dependent
children. Employee must notify supervisor in advance when such leave is being
taken and so note on time card.
After ten (10) years of continuous employment with the City and upon termination
or retirement, an employee will receive compensation for unused sick leave as
follows:
Upon normal retirement employee will receive 50% 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 $4,000.
0
Upon leaving the employ of the City for other than retirement, employee
will receive 50% 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 $2,000.
Upon the death of an employee, 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 3. Holidays.
The holidays for employees in this unit 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 !
3rd Monday-February
Last Monday-May
July 4
1st Monday-September
November 11
4th Thursday-November
Fourth Friday-November
December 25
-8-
Community Services employees, who are required to work on the following
designated holidays, will be paid two {2) times their hourly rate of pay for
working the holiday, and they will continue to be paid one and one-half {1½}
times their hourly rate of pay for working on the other City designated
holidays:
New Year's Day
Memorial Day
Independence Day
Labor Day
January 1
Last Monday-May
July 4
1st Monday-September
These Community Services employees may, however, request time off in lieu of pay
for a holiday worked. The times at which an employee may take his holiday in
lieu shall be approved by the department head with due regard for the wishes of
the employee and needs of the City. The employee will continue to receive holi-
day pay for the holiday worked.
Holidays falling on Sunday shall be observed on the following Monday. Holidays
falling on Saturday shall be observed on the preceding Friday and shall be con-
sidered as the legal holiday.
For the purpose of computing holiday pay, a working day shall be considered as
1/5 of the number of working or duty hours in the established work week.
In addition to regular pay for hours worked, employees in this unit shall be
paid holiday pay, whether on or off duty on the holidays above.
Payment of two {2} times the employee's regular hourly rate of pay shall be paid
for all unscheduled hours worked on a holiday.
Section 4. Bereavement Leave.
In the event of a death in the family, a regular employee shall be eligible for
1-5 days off with pay to attend the funeral, subject to the following
provisions:
The relatives designated shall include father, mother, father-in-law,
mother-in-law, wife, husband, brother, sister, daughter, son, grand-
parents, grandson, grandaughter, brothers and sisters having one parent
in common, and those relationships generally called "step" providing
persons in such relationships have lived or have been raised in the
family home and have continued an active family relationship. An
employee may be eligible to use breavement leave to attend the funeral
of a person who has been living with the employee in the same capacity
of a spouse, provided, however, the employee has previously notified
the personnel office, in writing, of the individuals name.
To be eligible for bereavement leave, the employee must attend or make
bona fide effort to attend the funeral.
Ce
Pay for compensable bereavement leave shall be in the same amount as
pay for sick leave for the same period.
De
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 period.
-9-
E. It is not chargeable against sick leave.
F. All requests for paid bereavement leave shall be subject to approval of
the Personnel Officer.
Artlclm 7. P~Vr~ll ~ W~rk ~mk
Section 1. General.
Regular pay days are designated as every other Friday for the two week period
ending the previous Sunday. In no event shall the City advance pay, including
pay for earned vacation, without the prior written approval, on a case-by-case
basis, by the City Manager. Requests for advance vacation pay must be made
prior to the end of the pay period for which pay is to be received.
The regular number of working or duty hours in a work week from Monday through
Sunday is established at 40 hours for all full-time employees in the unit.
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 regular part-time and who work at least 988 hours per year
shall be eligible to receive fifty percent {50%) of the benefits set forth in
Article 6, Sections 1, 2, and 3; and Article 8, Sections 1, 2, 3, and 5. The
City will provide and maintain uniforms for part-time employees as provided in
Article g, Section 2(c)(e)(f).
For full-time employees, unscheduled hours worked on Sundays and holidays shall
be paid for at double the employee's rate of pay.
All employees in this unit shall be paid one and one-half (1½) times their
hourly rate of pay for all hours worked in excess of eight {8} hours in one day
or forty {40) hours in one work week. Employees whose regularly scheduled work
hours are in excess of eight {8) hours in one work day are only entitled to
receive overtime pay for the hours worked beyond their regularly scheduled work
day or forty {40} hours in one work week. Filtration plant employees assigned
to work the forty-eight (48) hour weekend shift shall be paid overtime at 1½
times their rate of pay for all hours worked in excess of forty {40} hours.
For the purpose of computing overtime, hours of vacation, sick leave and
holiday, shall be considered as hours worked.
Section 2. Compensatory Time-Off (CTO).
Compensatory time off, in lieu of overtime, shall be taken as one and one-half
(1½) hours off for each overtime hour worked. The maximum accumulation of
compensatory time-off shall be 80 hours; however, the accumulation of hours
shall be reduced to 40 hours at the end of the fiscal year, and the employee
shall be compensated for the excess accumulation in a cash payment. The em-
ployee may, however, carry over any accumulation of compensatory time off above
40 hours until September 30 of the next fiscal year, at the request of the
employee with the approval of the department head.
-10-
Sect10n 3. Dues Deduction.
Upon wrltten request to the Personnel Division, employees may elect to pay dues
through payroll deduction to the Callfornla Teamsters, Local 911, or the
elected majority representative of the Non-Safety Employees Unit. Check will
be made payable to the Teamsters or elected majority representative only.
Section 1. Hospital and Medlcal.
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).
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 appllcation and acceptance. The cost of dependent coverage of the medi-
cal and dental plan will be shared equally between the City and the employee.
The employee's share of the cost will be made through payroll deduction.
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 carrier, shall be covered under a
group life insurance plan for the amount of one times annual income {$10,000
minimum}.
Section 4. 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 earnings to a maximum of $2,000 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.
-11-
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. Flexible Benefits Program
The City will implement a Flexible Benefits Program coinciding with the first
day of the first pay period of calendar year 1988.
Included in the Flexible Benefits Program, hereinafter the "Program," are reim-
bursment accounts for medical and dental plan deductibles and co-payments;
orthodontia; hearing exams and aids; vision care; and other health care ex-
penses not covered by existing medical and dental coverage. Additional elements
of the Program may include reimbursement accounts consisting of child/dependent
care and nursery school, long-term disability and other viable options.
The Program will be established in accordance with applicable IRS statutes in
order to provide employees the greatest possible tax benefit.
Section 1. Tuition Reimbursement.
The actual cost paid for tuition, books and required technical supplies and
equipment, to a maximum of $250 per fiscal year per employee, will be refunded
to all regular 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.
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.
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.
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.
-12-
Sectlon Z, Uniforms and Equipment.
The City will provide and maintain all uniforms that are required by the City
for Administrative Services field employees, COiimmmunity Services lake/park and
park maintenance employees, Recreation employees, and Public Services employees
as follows:
Ae
Safety shoes shall be worn by employees as required by the City. The
employee shall be provided an allowance of $120 per fiscal year for the
purchase of safety shoes. In order to receive reimbursement, the
employee must submit receipts of proof of purchase to their department.
Reimbursement will be made through Accounts Payable. All other safety
clothing required in the performance of duties shall be furnished by
the City.
Be
The City will provide and maintain eleven {11} sets of uniforms for
those employees required to wear uniforms. Employees electing to wear
City-approved summer attire may receive fewer than eleven sets of stan-
dard uniforms and shall be responsible for the maintenance of the
summer attire.
Ce
The City will provide eleven (11) shirts and one (1) jacket for
Recreation employees who work five (5) days per week, and seven {7)
shirts and one {1) jacket for employees who work three {3) days per
week for those employees required to wear uniforms. Employees may
elect to wear City approved shorts during the summer. All summer
attire must be City approved.
D. Standards of maintenance of uniforms and equipment shall be determined
by the City, and employees must maintain these standards.
For the Community Services Department employees in Lake Operations and Park and
Landscape Maintenance, and Public Services employees who are designated part-
time and who work at least 988 hours per year, the City will provide uniforms
that are required by the City in accordance with the following:
Ee
Safety shoes shall be worn by employees as required by the City. The
employee shall be provided an allowance of $60 per fiscal year for the
purchase of safety shoes. In order to receive reimbursement, the
employee must submit receipts of proof of purchase to their department.
Reimbursement will be made through Accounts Payable. All other safety
clothing required in the performance of duties shall be furnished by
the City.
F®
The City will provide and maintain eleven {11) sets of uniforms for
those employees who work five {5) days per week, and seven {7) sets of
uniforms for employees who work three {3) days per week for those
employees required to wear uniforms. Employees electing to wear City
approved summer attire may receive fewer than eleven {11), or seven {7)
sets of standard uniforms and shall be responsible for the maintenance
of the summer attire.
G. Standards of maintenance of uniforms and equipment shall be determined
by the City, and employees must maintain these standards.
-13-
Section 3. Probation,
All appointments, including promotional appointments, shall be for a proba-
tionary period of not less than six {6) months. During the probationary period,
the employee may be rejected at any time without the right of appeal or hearing.
Any employee rejected during the probationary period from a position to which he
has been promoted shall be reinstated to a position in the class from which he
was promoted unless he is discharged from the City.
A supervisor may, with concurrence of the department head, require an extension
of an initial probationary period, upon a less than satisfactory performance
evaluation.
On recommendation of his supervisor a non-probationary employee may be placed on
special probation, however, he shall have the right of direct appeal of the
special probation to the City Manager. The City Manager must be notified of the
employee's desire to appeal the special probation within ten {10) calendar days
of the employee's having been placed on special probation.
Section 4. Safety.
The unit adopts the following by reference:
The City has a Central Safety Committee with representatives from all
units;
The City and all employees shall comply with any applicable Federal and
State law;
The City and all employees shall comply with any policy and/or proce-
dure which may from time to time be promulgated by the City Council.
Section 5. Temporary Assignment To A Higher Level Vacancy.
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
-14-
is asked to assume. In no event shall the pay be more than five per-
cent {5%}. The assignment shall be in writing and on a form provided
by the City.
Ce
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 6. Meal And Rest Periods.
Meal periods and rest periods will be permitted at scheduled intervals, and
insofar as practicable and consistent with operational interests.
An employee shall be notified whether his meal period is considered an on-duty
meal period or an off-duty meal period, and employees having on-duty meal
periods shall be compensated for the meal period as hours worked.
In the event an employee is required to work in an emergency in excess of twelve
12} consecutive hours, the City shall pay the cost of a meal in the amount of
8.00.
An emergency is an unpredictable, unavoidable occurrence, at unscheduled inter-
vals and requiring immediate attention.
Section 7. Travel Expenses.
A. Prior approval of the department head and final approval of the City
Manager shall be required prior to reimbursement for travel expenses.
B. Employees using their own vehicle on approved City business travel will
be reimbursed at the rate of thirty cents {$.30} per mile.
C. Employees on approved official business away from the City will be
reimbursed for actual and necessary expenses incurred.
O. In order to be reimbursed, employees must include original receipts for
all expenses with the reimbursement claim form.
E. Advances of travel expenses may be allowed at the sole discretion of
the City Manager.
Section 8. On Call Time.
A. Field Forces.
The City shall maintain a list of eligible Public Services and Adminis-
trative Services field personnel who have agreed to stand by for call-
back as required. Each employee shall be paid on the last full pay
period of the month a share of $660 per month which shall be divided
equally among those on the list.
-15-
®
®
The call out list shall consist of qualified employees.
List members shall meet the following qualifications:
(a)
must reside within the limits of City of Poway and the com-
munities of Rancho Pe~asquitos or Rancho Bernardo, as deter-
mined by the Public Services Operations Manager;
(b)
must be rated as a Construction Maintenance Worker II, equal
to or above, as determined by the Public Services Operations
Manager.
Duty roster to be scheduled as follows with the participation of
list members:
(a) scheduling to be quarterly;
(b) order of names to be maintained as consistent as practical;
(c) names to be rotated progressively up the list weekly from the
bottom positioning on up to the top Position 1;
(d) the member in Position i will be the duty person on call;
(e)
list members may substitute positions temporarily among them-
selves to allow for special circumstances as stated in Item
4.
If a call out list member is scheduled for duty and due to special
circumstances cannot respond, substitution by another duty list
member is allowed, providing:
(al scheduled duty person arranges substitution;
(b) scheduled duty person notifies filtration plant.
Duty person will be on call from 1530 hours of a work day to 0700
hours the following work day during the work week. During
weekends from 1530 hours Friday, to 0700 hours the following
Monday, and the 24 hours of a City observed holiday.
6. There will be paid a two hour minimum for each call out.
(al Time starts for the call out when the duty person receives
the call from the Filtration Plant.
(b) Time stops and call out is complete when the duty person
notifies the Filtration Plant that the call is completed.
(c)
An employee who is contacted while serving a call out {as
defined above) and is called to another site for additional
duties, shall not be compensated for a second or subsequent
call out for this assignment. However, if the employee has
left the work site, or sites, and is actually returning, or
-16-
has returned, to his/her original point of contact, and is
then called out again, the employee shall be compensated for
an additional call out.
(d) Weekday and Saturday call out time to be paid at one and one-
half {1~) the hourly rate of pay.
(e)
Sunday and holiday call out time to be paid at double the
hourly rate of pay. Holidays will be rotated equally among
those persons on the list inasmuch as possible.
e
It is agreed that if this procedure does not operate to the satis-
faction of the Public Services Operations Manager, that the proce-
dure is subject to be revised as necessary following consultation
with representatives of this unit. It is understood that this
Section does not allow for a reduction in the amount of the
monthly pool.
Operational Conditions:
The duty person will wear a City pager when away from his/her
listed contact phone number.
Calls to the duty person will be placed by the Filtration Plant
Operator.
(a) Plant Operator will screen calls to determine need to contact
duty person.
{b) Upon being contacted by the Filtration Plant Operator, the
duty person is responsible to determine the course of action.
(c) The Treatment Plant Operator stands by to assist when
possible in contacting additional employees when needed.
(d) Should duty person need assistance, Plant Operator will first
attempt to call list members progressively.
(e)
Upon call completion, the duty person will advise the
Filtration Plant Operator of the action taken so that it can
be properly logged.
During a serious emergency, such as a water main break, the duty
person will stand by to assist crew in making repairs, but will
remain flexible in case of other call outs during this time.
J
Employees who are assigned standby duty may request the use of a
City truck. The City truck shall be available to the employee
during standby for use as is necessary to ensure that the employee
is readily available for call out. However, the employee should
use discretion and common sense in the use of the vehicle and at
all times be aware that they are a public relations representative
to the public and their actions will be scrutinized by the public.
Except as required for City business, the vehicle should not be
taken outside the communities of Poway, Rancho Pe~asquitos or
Rancho Bernardo.
-17-
B. Filtration Plant.
When an employee in the Public Services Department filtration plant
forces is required to be available for duty and is required to perfom
duty at night, on weekends, or holiday duty, he/she shall receive an
equitable share of a lump sum of $200 per month. This lump sum
allowance shall be distributed as determined by the employees standing
duty.
Section 9. 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 accor-
dance 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 10. Transfers.
An employee transferring from this unit to another unit shall maintain all pay
and benefits accrued in this unit, and upon the effective date of transfer
thereafter be governed by the provisions of any policy and/or agreement in
effect for such other unit.
Section 11. Layoff and Reemployment.
The City may abolish any position or emplo3~nent and the employee may 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 reemplo~qnent list for a period of
twelve {12) months.
The order of reemplo~qnent after lay-off shall be based on prior performance and
seniority as determined by the City.
Section 12. Resignations.
An employee wishing to resign in good standing 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 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 reestablish rights and/or
benefits lost at the time of resignation.
-18-
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 posltion previously
held, shall be eligible to earn and use vacation, sick leave, and other benefits
to which they are other~ise entitled as If there had been no break in service.
Section 13. Credit Union.
Employees may elect to make credit union contributions through payroll
deduction.
Section 14. Shift Differential.
Filtration Plant employees required to work the afternoon and evening shift
{3:00 P.M. to 11:00 P.M.} and the night shift (11:00 P.M. to 7:00 A.M.) shall be
entitled to receive shift differential pay of $0.70/hour in addition to their
regular rate of pay. Filtration plant employees assigned to work the forty-
eight (48) hour weekend shift shall receive a 70¢ per hour shift differential
while working from 3 P.M. to 11 P.M. on Saturday and Sunday and while working
from 11 P.M. to 7 A.M. on Saturday night and Sunday night.
Community Services Department employees in the Park Maintenance Worker, Park
Ranger, Dock Attendant, and Park Attendant {Administrative Clerk I) classifica-
tions who are assigned a work schedule which requires them to work at least
fifty percent {50~) of their shift after the hour of 5:00 P.M., shall be
entitled to shift differential pay of $0.40/hour in addition to their regular
hourly rate of pay for the hours worked after 5:00 P.M., regardless of when the
employee's meal period is scheduled. However, if the meal period is scheduled
after 5:00 P.M., the employee will be paid shift differential only for the hours
actually worked.
Public Services Department employees in the Building Maintenance classification
who are assigned to work the night shift, shall be entitled to shift differen-
tial pay of $0.40 per hour in addition to their regular hourly rate of pay for
the hours worked after 5:00 P.M.
Public Services Department employees in the Equipment Mechanic classification,
who are assigned to work the night shift, shall be entitled to shift differen-
tial pay of $0.40 per hour in addition to their regular hourly rate of pay for
the hours worked after 3:30 P.M.
Section 15. Call-Back Time.
Employees called back to work after expiration of their normal work day or work
week to perform emergency work shall be guaranteed minimum call-back time of two
{2) hours at the appropriate overtime rate.
Article 10, Grievance,
Section 1. Purpose.
A. To promote improved employer-employee relationships by establishing
procedures for appealing management actions.
-19-
To afford employees individually or through the Representatives a
systematic means of obtaining further consideration of problems after
every reasonable effort has failed to resolve them through discussion.
c. To provide that grievances shall be settled as near as practicable to
the point of origin.
Section 2, Scope,
A grievance shall be considered as any matter for which appeal is not elsewhere
provided for or prohibited, concerning:
a dispute about the interpretation or application of this agreement or
of any ordinance, resolution, rule or regulation governing personnel
procedures or working conditions;
a dispute about the practical consequences of a City decision on wages,
hours and other terms and conditions of employment;
Ce
a decision affecting the employment of any permanent or probationary
employee over which the department head has partial or complete
jurisdiction.
Section 3. Procedure.
Ae
Informal Grievance Procedure - An employee who has a problem or
complaint should first try to get it settled through discussion with
his immediate supervisor without undue delay. If this discussion does
not satisfactorily resolve the problem, the employee may discuss it
with the supervisor's immediate superior. Every effort should be made
to find an acceptable solution by informal means at the lowest
appropriate level of supervision. If the employee is not in agreement
with the decision reached by discussion, he shall then have the right
to file a formal grievance in writing within five {5} calendar days
after receiving the informal decision of his immediate superior.
B. Formal Grievance Procedure
First Level of Review: A grievance shall be presented in writing
to the employee's immediate supervisor, who shall render a deci-
sion and comments in writing and return them to the employee
within five (5) days after receiving the grievance. If the
employee does not agree with his supervisor's decision, or if no
answer has been received within five {5) days, the employee may
present the appeal in writing to his department head.
Second Level of Review: The department head receiving the
grievance, or his designated representative, should discuss the
grievance with the employee, his representative, if any, and with
other appropriate persons. The department head shall render his
decision and comments in writing, and return them to the employee
within five {5) days after receiving the appeal. If the employee
does not agree with the decision reached, or if no answer has been
received within five {5) days, he may present the appeal in
writing to the City Manager.
-20-
Third Level of Review: The City Manager receiving the grievance,
or his designated representative, should discuss the grievance
with the employee, his representative, if any, and with other
appropriate persons. The City Manager may designate any person or
persons to advise him concerning the appeal. The City Manager
shall render his decision and con~nents in writing, and return them
to the employee within fifteen {15) working days after receiving
the appeal. If the employee does not agree with the decision
reached, or if no answer has been received within fifteen {15)
working days, he may present the appeal in writing th the City
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.
Section 4. Conduct of Grievance Procedure.
Day as used in this procedure means calendar day, unless specified to
the contrary.
The time limits specified in this procedure may be extended at any
level of review to a definite date by mutual agreement of the employee
and the reviewer concerned.
C. The employee may request the assistance of another person of his own
choosing in preparing and presenting his appeal at any level of review.
The employee and his representative may be privileged to use a reason-
able amount of work time as determined by the City Manager in confer-
ring about and presenting the appeal.
E®
Failure of the employee to take further action within the specified
time limits at each level of review, or within five {5) days if no
decision is rendered, shall constitute withdrawal of the grievance.
F. Employees shall be assured freedom from reprisal for using the
grievance procedure.
Article 11, Retirement And $oclal 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 contribution 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.
-21-
All other employee rights, privileges, and benefits are included in the
Personnel Rules of the City of Poway,
Ar~lcle 13, &eb Actlens,
The Association agrees not to strike or otherwise engage in wlthholding services
or concerted action during the term of thls agreement. Also, the City agrees
not to lock out the employees.
Article 14, I~lntenance of 14embershlp,
Employees in a classification represented by the Teamsters who are members as of
the date of this agreement and have signed a payroll dues deduction authoriza-
tion card or subsequently become members and sign such a card, shall remain mem-
bers and the City shall continue to deduct said dues during the period covered
by this Memorandum of Understanding. Employees may withdraw their membership
and discontinue dues deduction during the month of May to be effective in June
following the expiration of the agreement.
Article 15, Postln~ Of A~reemnt,
A copy of this agreement will be initially distributed to all employees, given
to all new employees hired into the unit after July 1, 1987, and made available
at the Filtration Plant, the Operations Center, Co,la)unity Services Facilities,
Personnel, and with each Department Head.
The undersigned, representing the City and the Representatives do hereby adopt
the terms and conditions set forth herein, and recommend the City Council and
members of the unit approve same.
For the City:
O ~me-~,i, L ,"~B'owe r s~x~ City ger
~~trative Services
Joy~. Posey, Personnel Manager
Richard ~ Howard, M~nagement Assistant
For the Representatives:
T~O~m Howard, Chief Steward
-To~-Pa. ine Ges~sel, Steward
~~ward
Robert Stei n,/~
y2ffeyl~. Thd~, ~/ard
· ck fn
Ca~ifor~ Teamsters Loc~ 9[[
-22-
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. 87-091 was duly
adopted by the City Council at a meeting of said City Council held on the 28th
day of July, 1987, and that it was so adopted by the following vote:
AYES: BRANNON, EMERY, HIGGINSON, KRUSE, TARZY
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Marjorie K. Wahlsten, City Clerk
City of Poway