Res 90-177RESOLUTION NO. 90-177
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 1990-1991
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 recon~mended 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 1990-1991 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.
That the Financial Plan for fiscal year 1990-1991 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 a regular meeting thereof this 28th day of August, 1990.
Don Higginson,U~tyor
ATTEST:
jorie{~Wahlsten, City Clerk
R/MOU
Resolution No. 90-177
Page 2
STATE OF CALIFORNIA )
) SS.
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. 90- 177 was duly
adopted by the City Council at a meeting of said City Council held on the 28th
day of August, 1990, and that it was so adopted by the following vote:
AYES: BRANNON, EMERY, GOLDSMITH, KRUSE, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
MarjoriA Ky Wahlsten, City Clerk
City of~p~ay
(mN-SAFETY)
T~bl~ of Contents
Resolution No. 90-177
Page 4
PART ~, FULL-TINE ENPLOYEE$
Article 1. General
Page
Article 2. Severability and Savings ................ 3
Article 3. Sympathy Action ..................... 3
Article 4. Duration of Agreement .................
Article 5. Wages ......................... 3-8
Article 6. Leaves ......................... 8-11
1. Vacation ..................... 8-9
2. Sick Leave .................... 9-10
3. Holidays ...................... 10
4. Bereavement Leave ................. 11
Article 7. Payroll & Work Week ................... 11-12
1. General .....
2. Compensatory Time (~f~ iC~Oi : : : : : : : : : : : : 11-1212
3. Dues Deduction ................... 12
4. Flexible Work Hours ................ 12
Article 8. Benefits ........................ 12-13
1. Hospital and Medical ................ 12-13
2. Eye Care ...................... 13
3. Life Insurance ................... 13
4. Long Term Disability Income Insurance ....... 13
5. Flexible Benefits Program ............. 13
Purpose ......................
Scope ....................... 1
General Provisions ................. 1-3
A. City Employer/Employee Relations
Resolution .................. 1
B. City Affirmative Action Resolution ...... 1
C, Construction ................. 1
D. City Rights .................. 2
E. Employee 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 g.
Article 10.
Article 11.
Article 12.
Article 13.
Article 14.
Resolution No. 90-177
Page 5
Service & Special Pay .................. 14-21
1. Tuition & Reimbursement .............. 14
2. Uniforms & Equipment ................ 14-15
3. Probation ..................... 15
4. Safety ....................... 15-16
5. Acting Pay ..................... 16
6. Meal & Rest Periods ................ 16-17
7. Travel Expenses .................. 17
8. On-Call Time .................... 17-19
9. Benefit Days .................... 19
10. Transfers ..................... 20
11. Layoff and Reemployment .............. 20
12. Resignations .................... 20
13. Credit Union .................... 20
14. Shift Differential ................. 20-21
15. Call-Back Time ................... 21
Grievance Procedure ................... 21-23
1. Purpose ...................... 21
2. Scope ....................... 22
3. Procedure ..................... 22-23
Retirement and Social Security ............. 23
Personnel Rules ..................... 24
Job Actions ....................... 24
Maintenance of Membership ................ 24
PA~T
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
PAP, T-TINE ENPLGYEE$
General
1. Purpose ...................... 25
Severability and Savings ................ 25
Sympathy Action ..................... 25
Duration of Agreement .................. 25
Wages .......................... 25
Leaves ....
26-28
1.Vacation. :::::::::::::::::::::
26
2. Sick Leave ..................... 26-27
3. Ho1 idays ...................... 27-28
Payroll and Work Week .................. 28
1. General ...................... 28
2. Compensatory Time Off ............... 28
3. Dues Deduction ................... 28
Article 8.
Article 9.
Article 10.
Article 11.
Article 12.
Article 13.
Article 14.
REsolution ~\o. 90-177
Page 6
Benefits ...................... 29
1. Hospital'and'Medical.......... ...... 29
2. Eye Care ...................... 29
3. Life Insurance ................... 29
4. Flexible Benefits Program ............. 29
Service and Special Pay .................
30-33
1. Tuition Reimbursement ............... 30
2. Uniforms and Equipment ............... 30-31
3. Probation ..................... 31
4. Safety ....................... 31
5. Acting Pay ..................... 31-32
6. Transfers ..................... 32
7. Layoff and Reemployment .............. 32
8. Resignations .................... 32-33
g. Credit Union .................... 33
Grievance ........................ 33-35
1. Purpose. . . . . . . . . . . . . . . . . . . . . 33
2. Scope.' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' . 33
3-4 Procedure ..................... 33-35
Personnel Rules ..................... 35
Job Actions ....................... 35
Maintenance of Membership ................ 35
Posting of Agreement .................. 36
Resolution No. 90-177
Page 7
NEW)RANDUN OF UNDERSTANI)ZI~
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.
PART ~, FULL-TIME ENPLOYEE$
Article 1, ~eneral,
Section 1. Purpose.
Part I of this Agreement recognizes the Representatives as the majority repre-
sentative of all full-time regular 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 representation 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.
Be
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-
Resolution No. 90-177
Page 8
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.
Employee Rights. The City will make every effort to ensure that the
rights of employees are protected.
The Representatives recognize and hereby adopt by reference the following City
procedures:
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.
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-
F~esolution No. 90-17/
Page 9
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.
Nothlng in this procedure shall be construed to require disclosure of
records that are:
am
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;
c. Records pertaining to pending litigations to which the City is a
party, or to claims or appeals which have not been settled;
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.
Artlcle ~, Sever~b111~ ~nd
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, $~qm~thy Actlon,
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.
Artlclm 4, Duration of Agreenmnt,
This entire agreement shall commence at 12:00 A.M. on July 1, 1990, and termin-
ate at 11:59 P.M. on June 30, 1993.
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.
Article 5, Wages,
Employees withln the unit will receive salary adjustments in accordance with the
following:
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Resolution No. 90-177
Page ]0
Effective June 25, lggo - 6.0% salary increase
Effective June 24, 1991 - 3.0% salary increase
Effective January 6, 1992 - 2.0% salary increase
Effective July 6, 1992 - 5.0% salary increase
Selected classifications within the unit will receive salary adjustments in addi-
tion to those specified above in accordance with the following:
Account Clerk I/II
Effective June 25, 1990 - 2.0% salary increase
Administrative Secretary
Effective June 25, 1990
4.5% salary increase
Department Aide
Effective June 25, 1990
4.5% salary increase
Secretary
Effective June 25, 1990 - 4.5% salary increase
Utility Systems Operator/Mechanic
Effective June 25, 1990 - 5.0% salary increase
The following position classifications are established at the salary ranges indi-
cated, for employees in this unit.
EFFECTIVE OUHE 25, 1990
Classification Range H 0 U R L Y R A T E S
Title No. A B C D E
Account Clerk II 202.6 10.065 10.580 11.121 11.690
Account Clerk I 197.6 9.575 10.064 10.579 11.120
Administrative Clerk II 193.6 9.199 9.670 10.164 10.684
Administrative Clerk I 188.6 8.751 9.198 9.669 10.163
Administrative Secretary 218.1 11.752 12.353 12.985 13.649
Box Office Attendant 188.6 8.751 9.198 9.669 10.163
Building Maint. Worker 201.6 9.965 10.475 11.010 11.574
Const. Maint. Worker III 226.6 12.794 13.448 14.136 14.859
Const. Maint. Worker II 211.6 11.013 11.576 12.168 12.790
Const. Maint. Worker I 201.6 9.965 10.475 11.010 11.574
Customer Services Worker 216.6 11.577 12.169 12.791 13.446
Department Aide 228.1 12.987 13.651 14.350 15.083
Dock Attendant 187.4 8.647 9.089 9.554 10.042
Equipment Mechanic 232.7 13.598 14.294 15.D25 15.793
Equipment Service Worker 192.7 9.117 9.583 10.073 10.588
Gardener Aide 122.2 4.506 4.737 4.979 5.234
Laboratory Analyst 247.6 15.782 16.589 17.437 18.329
Meter & Backflow Prev. Mech 226.6 12.794 13.448 14.136 14.859
Park Attendant 188.6 8.751 9.198 9.669 10.163
Park Maint. Worker III 224.5 12.528 13.169 13.842 14.550
Park Maint. Worker II 209.5 10.784 11.335 11.915 12.524
Park Maint. Worker I 199.5 9.758 10.257 10.782 11.333
12.288
11.689
11.231
10.683
14.347
10.683
12.165
15.619
13.444
12.165
14.133
15.855
10.556
16.601
11.130
5.501
19.267
15.619
10.683
15.294
13.165
11.913
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Resolution No. 90-177
Page 11
Classification Range H 0 U R L Y R A T E S
Title No. A B C D
Park Ranger 200.2 9.827 10.329 10.857 11.413
Public Services Inspector 245.2 15.408 16.196 17.024 17.895
Recreation Assistant 150.8 5.998 6.304 6.627 6.966
Recreation Leader I 177.4 7.824 8.224 8.645 9.087
Recreation Leader II 197.4 9.556 10.044 10.558 11.098
Recreation Program Coord. 219.0 11.858 12.465 13.102 13.772
Secretary 208.1 10.634 11.178 11.750 12.350
Sr. Bldg. Maint. Worker 230.2 13.263 13.941 14.654 15.403
Sr. Util. Sys. Technician 252.1 16.508 17.352 18.240 19.172
Sewage Treat. Plt. Oper. 237.1 14.210 14.936 15.700 16.503
Storekeeper II 217.6 11.693 12.291 12.920 13.581
Storekeeper I 197.6 9.575 10.064 10.579 11.120
Telephone Oper./Recept. 188.6 8.751 9.198 g.669 10.163
Theatre Volunteer Coord. 219.0 11.858 12.465 13.102 13.772
Utilities Sys. Mechanic 237.1 14.210 14.936 15.700 16.503
Utilities Sys. Technician 242.1 14.938 15.702 16.505 17.349
Water Treat. Plt. Oper. III 247.1 15.703 16.506 17.350 18.238
Water Treat. Plt. Oper. II 237.1 14.210 14.936 15.700 16.503
Water Treat. Plt. Oper. I 227.1 12.858 13.516 14.207 14.933
11.996
18.810
7.322
9.552
11.665
14.476
12.982
16.191
20.153
17.347
14.275
11.689
10.683
14.476
17.347
18.236
19.170
17.347
15.697
EFF~TIVE ,~UNE Z4:1991
Classification Range H 0 U R L Y R A T E S
Title No. A B C D
Account Clerk II 205.6 10.372 10.902 11.460 12.046
Account Clerk I 200.6 9.866 10.371 10.901 11.458
Administrative Clerk II 196.6 9.479 9.964 10.474 11.009
Administrative Clerk I 191.6 9.017 9.478 9.963 10.473
Administrative Secretary 221.1 12.110 12.729 13.380 14.064
Box Office Attendant 191.6 9.017 9.478 9.963 10.473
Building Maint. Worker 204.6 10.269 10.794 11.346 11.926
Const. Maint. Worker III 229.6 13.183 13.858 14.566 15.311
Const. Maint. Worker II 214.6 11.348 11.928 12.538 13.179
Const. Maint. Worker I 204.6 10.269 10.794 11.346 11.926
Customer Services Worker 219.6 11.929 12.539 13.181 13.855
Department Aide 231.1 13.383 14.067 14.786 15.542
Dock Attendant 190.4 8.910 9.366 9.844 10.348
'Equipment Mechanic 235.7 14.012 14.729 15.482 16.274
Equipment Service Worker 195.7 9.395 9.875 10.380 10.911
Gardener Aide 125.2 4.644 4.881 5.131 5.393
Laboratory Analyst 250.6 16.262 17.094 17.968 18.887
Meter & Backflow Prev. Mech 229.6 13.183 13.858 14.666 15.311
Park Attendant 191.6 9.017 9.478 9.963 10.473
Park Maint. Worker III 227.5 12.910 13.570 14.264 14.993
Park Maint. Worker II 212.5 11.112 11.680 12.278 12.906
Park Maint. Worker I 202.5 10.055 10.569 11.110 11.678
Park Ranger 203.2 10.126 10.644 11.188 11.760
12.662
12.044
11.572
11.008
14.783
11.008
12.536
16.094
13.853
12.536
14.563
16.337
10.877
17.106
11.469
5.669
19.853
16.094
11.008
15.760
13.566
12.275
12.362
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Resolution No. :)0-177
Page 12
Classification Range H 0 U R L Y R A T E S
Title No. A B C D
Public Services Inspector 248.2 15.877 16.689 17.542 18.439
Recreation Assistant 153.8 6.180 6.496 6.828 7.178
Recreation Leader I 180.4 8.062 8.475 8.908 9.364
Recreation Leader II 200.4 9.846 10.350 10.879 11.436
Recreation Program Coord. 222.0 12.219 12.844 13.501 14.191
Secretary 211.1 10.958 11.518 12.107 12.726
Sr. Bldg. Maint. Worker 233.2 13.666 14.365 15.100 15.872
Sr. Util. Sys. Technician 255.1 17.010 17.880 18.795 19.756
Sewage Treat. Plt. Oper. 240.1 14.642 15.391 16.178 17.005
Storekeeper II 220.6 12.049 12.665 13.313 13.994
Storekeeper I 200.6 9.866 10.371 10.901 11.458
Telephone Oper./Recept. 191.6 9.017 9.478 9.963 10.473
Theatre Volunteer Coord. 222.0 12.219 12.844 13.501 14.191
Utilities Sys. Mechanic 240.1 14.642 15.391 16.178 17.005
Utilities Sys. Technician 245.1 15.392 16.180 17.007 17.877
Water Treat. Plt. Oper. III 250.1 16.181 17.009 17.879 18.793
Water Treat. Plt. Oper. II 240.1 14.642 15.391 16.178 17.005
Water Treat. Plt. Oper. I 230.1 13.249 13.927 14.639 15.388
19.382
7.545
9.842
12.020
14.917
13.377
16.684
20.766
17.875
14.710
12.044
11.008
14.917
17.875
18.791
19.754
17.875
16.175
EFFEg~T~VE ~.ql4UAI~Y 6~ 1992
Classification Range H 0 U R L Y R A T E S
Title No. A B C D
Account Clerk II 207.6 10.581 11.122 11.691 12.289
Account Clerk I 202.6 10.065 10.580 11.121 11.690
Administrative Clerk II 198.6 9.671 10.165 10.685 11.232
Administrative Clerk I 193.6 9.199 9.670 10.164 10.684
Administrative Secretary 223.1 12.354 12.986 13.650 14.348
Box Office Attendant 193.6 9.199 9.670 10.164 10.684
Building Maint. Worker 206.6 10.476 11.012 11.575 12.167
Const. Maint. Worker III 231.6 13.450 14.137 14.860 15.620
Const. Maint. Worker II 216.6 11.577 12.169 12.791 13.446
Const. Maint. Worker I 206.6 10.476 11.012 11.575 12.167
Customer Services Worker 221.6 12.170 12.793 13.447 14.135
Department Aide 233.1 13.653 14.351 15.085 15.856
Dock Attendant 192.4 9.090 9.555 10.043 10.557
Equipment Mechanic 237.7 14.295 15.026 15.795 16.602
Equipment Service Worker 197.7 9.584 10.074 10.590 11.131
Gardener Aide 127.2 4.737 4.980 5.234 5.502
Laboratory Analyst 252.6 16.591 17.439 18.331 19.268
Meter & Backflow Prev. Mech 231.6 13.450 14.137 14.860 15.620
Park Attendant 193.6 9.199 9.670 10.164 10.684
Park Maint. Worker III 229.5 13.170 13.844 14.552 15.296
Park Maint. Worker II 214.5 11.337 11.916 12.526 13.166
Park Maint. Worker I 204.5 10.258 10.783 11.334 11.914
Park Ranger 205.2 10.330 10.859 11.414 11.998
12.917
12.288
11.806
11.231
15.082
11.231
12.789
16.419
14.133
12.789
14.857
16.667
11.097
17.451
11.700
5.783
20.254
16.419
11.231
16.078
13.840
12.523
12.611
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Resolution No. 90-177
Page 13
Classification Range H 0 U R L Y R A T E S
Title No. A B C D
Public Services Inspector 250.2 16.197 17.026 17.896 18.812
Recreation Assistant 155.8 6.305 6.627 6.966 7.323
Recreation Leader I 182.4 8.225 8.646 9.088 9.553
Recreation Leader II 202.4 10.045 10.559 11.099 11.666
Recreation Program Coord. 224,0 12.466 13.103 13.773 14.478
Secretary 213.1 11.179 11.751 12.352 12.983
Sr. Bldg. Maint. Worker 235.2 13.942 14.655 15.405 16.193
Sr. Util. Sys. Technician 257.1 17.354 18.241 19.174 20.155
Sewage Treat. Plt. Oper. 242.1 14.938 15.702 16.505 17.349
Storekeeper II 222.6 12.293 12.921 13.582 14.277
Storekeeper I 202.6 10.065 10.580 11.121 11.690
Telephone Oper./Recept. 193.6 9.199 9.670 10.164 10.684
Theatre Volunteer Coord. 224.0 12.466 13.103 13.773 14.478
Utilities Sys. Mechanic 242.1 14.938 15.702 16.505 17.349
Utilities Sys. Technician 247.1 15.703 16.506 17.350 18.238
Water Treat. Plt. Oper. III 252.1 16.508 17.352 18.240 19.172
Water Treat. Plt. Oper. II 242.1 14.938 15.702 16.505 17.349
Water Treat. Plt. Oper. I 232.1 13.517 14.208 14.935 15.699
19.774
7.697
10.041
12.263
15.218
13.647
17.021
21.186
18.236
15.007
12.288
11.231
15.218
18.236
19.170
20.153
18.236
16.501
EFFECTZYE OUL¥ $: 199Z
Classification Range H 0 U R L Y R A T E S
Title No. A B C D
Account Clerk II 212.6 11.123 11.692 12.290 12.919
Account Clerk I 207.6 10.581 11.122 11.691 12.289
Administrative Clerk II 203.6 10.166 10.686 11.233 11.807
Administrative Clerk I 198.6 9.671 10.165 10.685 11.232
Administrative Secretary 228.1 12.987 13.651 14.350 15.083
Box Office Attendant 198.6 9.671 10.165 10.685 11.232
Building Maint. Worker 211.6 11.013 11.576 12.168 12.790
Const. Malnt. Worker III 236.6 14.139 14.862 15.622 16.421
Const. Maint. Worker II 221.6 12.170 12.793 13.447 14.135
Const. Maint. Worker I 211.6 11.013 11.576 12.168 12.790
Customer Services Worker 226.6 12.794 13.448 14.136 14.859
Department Aide 238.1 14.352 15.086 15.858 16.669
Dock Attendant 197.4 9.556 10.044 10.558 11.098
Equipment Mechanic 242.7 15.028 15.796 16.604 17.453
Equipment Service Worker 202.7 10.075 10.591 11.132 11.702
Gardener Aide 132.2 4.980 5.235 5.502 5.784
Laboratory Analyst 257.6 17.441 18.333 19.270 20.256
Meter & Backflow Prev. Mech 236.6 14.139 14.862 15.622 16.421
Park Attendant 198.6 9.671 10.165 10.685 11.232
Park Maint. Worker III 234.5 13.845 14.553 15.297 16.080
Park Maint. Worker II 219.5 11.917 12.527 13.168 13.841
Park Maint. Worker I 209.5 10.784 11.335 11,915 12.524
Park Ranger 210.2 10.860 11.415 11.999 12.612
Public Services Inspector 255.2 17.027 17.898 18.814 19.776
Recreation Assistant 160.8 6.628 6.967 7.323 7.698
13.579
12.917
12.411
11.806
15.855
11.806
13.444
17.261
14.857
13.444
15.619
17.521
11.665
18.346
12.300
6.080
21.292
17.261
11.806
16.902
14.549
13.165
13.257
20.787
8.091
-7-
Resolution No. 90-1
Page i4
Classification Range H 0 U R L Y R A T E S
Title No. A B C D E
Recreation Leader I 187.4 8.647 9.089 9.554 10.042 10.556
Recreation Leader II 207.4 10.560 11.100 11.668 12.264 12.892
Recreation Program Coord. 229.0 13.105 13.775 14.479 15.220 15.998
Secretary 218.1 11.752 12.353 12.985 13.649 14.347
Sr. Bldg. Maint. Worker 240.2 14.657 15.406 16.194 17.022 17.893
Sr. Util. Sys. Technician 262.1 18.243 19.176 20.157 21.188 22.271
Sewage Treat. Plt. Oper. 247.1 15.703 16.506 17.350 18.238 19.170
Storekeeper II 227.6 12.922 13.583 14.278 15.008 15.776
Storekeeper I 207.6 10.581 11.122 11.691 12.289 12.917
Telephone Oper./Recept. 198.6 9.671 10.165 10.685 11.232 11.806
Theatre Volunteer Coord. 229.0 13.105 13.775 14.479 15.220 15.998
Utilities Sys. Mechanic 247.1 15.703 16.506 17.350 18.238 19.170
Utilities Sys. Technician 252.1 16.508 17.352 18.240 19.172 20.153
Water Treat. Plt. Oper. III 257.1 17.354 18.241 19.174 20.155 21.186
Water Treat. Plt. Oper. II 247.1 15.703 16.506 17.350 18.238 19.170
Water Treat. Plt. Oper. I 237.1 14.210 14.936 15.700 16.503 17.347
In the event that there is a significant increase or decrease in the cost of
living during the life of this Agreement, the City agrees to meet with represen-
tatives of the Union to discuss the impact.
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 ser-
vice 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, or ninety-six (96) hours 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, or one hundred
twenty (120) hours 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, or one hundred
forty-four {144) hours per year.
After fifteen (15) years of continuous employment, an additional three (3) days
per year shall be accrued, for a total of twenty-one {21) working days, or
one hundred sixty-eight {168) hours per year.
Vacation time can be accumulated to a maximum of 150% of one year's eligibility,
and accumulation above 150% shall be forfeited.
-8-
Resolution No. 90-177
Page 15
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 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, or ninety-six {96) hours per year.
Sick leave shall be granted to an employee only for actual working time off.
Accumulation of sick leave shall be unlimited.
In order to receive compensation while absent on such leave, the employee shall
notify his immediate superior or the department head prior to or within two
hours after the time set for the beginning of his duties.
Sick leave over three (3) working days at one time may require certification by
the employee's physician in order to receive compensation. This requirement is
at the discretion of the department head.
In the event of illness in the immediate family, an employee may use accrued
sick leave not to exceed 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.
Be
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.
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Resolution No, 90-177
Page 16
Ce
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 1
3rd Monday-February
Last Monday-May
July 4
1st Monday-September
November 11
4th Thursday-November
Fourth Friday-November
December 25
In addition, one-time holidays will be granted as follows:
Christmas Eve
Christmas Eve
December 24, 1990
December 24, 1992
Full-time Community Services employees and Public Services employees in the Park
Maintenance Worker classification, 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
Memorlal Day
Independence Day
Labor Day
January 1
Last Monday-May
July 4
1st Monday-September
These Community Services and Park Maintenance Worker 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 holiday pay for the holiday worked.
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.
Payment of two (2) times the employee's regular rate of pay shall be paid for all
unscheduled hours worked on a holiday.
In addition to regular pay for hours worked, employees in this unit shall be
paid hollday pay, whether on or off duty on the holidays above.
Holidays falling on Sunday shall be observed on the following Monday. Holidays
falling on Saturday shall be observed on the preceding Friday and shall be con-
sidered as the legal holiday.
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Resolution No. 90 177
Page 17
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:
Be
The relatives designated shall include father, mother, father-in-law,
mother-in-law, wife, husband, brother, slster, 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.
Pay for compensable bereavement leave shall be in the same amount as
pay for sick leave for the same period.
Bereavement leave is not compensable when the employee is on leave of
absence, vacation, bona fide lay-off, or for days failing outside the
employee's regular work period.
It is not chargeable against sick leave.
All requests for paid bereavement leave shall be subject to approval of
the Personnel Officer.
Section
Article
General.
Pm..yr~ll and Work. Week,
Regular pay days are designated as every other Friday for the two week period
ending the previous Sunday. In no event shall the City advance pay, including
pay for earned vacation, without 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.
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
-11-
Resolution No, 90-177
Page 18
work the forty-eight (48) hour weekend shift shall be paid overtime at 1½ times
thelr rate of pay for all hours worked in excess of forty (40) hours. Employees
working overttme will continue to receive overttme pay after 12:00 A.M. for con-
tinuous hours worked including meal and rest periods, provided regular hours
worked the following day will be paid at the employee's regular rate of pay.
Any Community Services employee or Public Services employee in the Park
Maintenance Worker classification whose hours are changed at the request of the
department within five (5) days of the date the employee is scheduled to work
shall receive overtime pay for all hours which fall outside the originally
scheduled hours. The employee shall be responsible for remaining apprised of the
work schedule in order to be eligible for the overtime pay, provided that a five-
day advance work schedule is available.
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.
Section 3. Dues Deduction.
Upon written request to the Personnel Division, employees may elect to pay dues
through payroll deduction to the California 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 4. Flexible Work Hours.
The City agrees to make available, on a trial basis, a flexible work schedule for
the Public Services construction maintenance field forces. Work schedules and
operating conditions will be developed by the City. Continuation of the program
is at the discretion of the City Manager.
Article 8, Benefits,
Section 1. Hospital and Medical.
The first day of the month following date of hire, an employee, upon proper
application and acceptance, shall be covered by health and dental benefits with
coverage as set forth from time to time in the agreement between the City and
the carrier(s).
Health benefit premiums for each employee shall be paid in full by the City.
-12-
Resolution No. 90-177
Page 19
Dependents of each employee may also be covered by health benefit coverage, upon
proper applicatlon 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. Llfe 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 and one-half (1½) 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 66-2/3% of the
employee's monthly earnings to a maximum of $3,000 per month. The insurance
carrier is responsible for calculating the exact benefit amount, based on each
individual's income status.
The insurance carrier for this coverage requires a thirty {30) day waiting
period from the first day of the disability to the beginning of the monthly
benefit payment period.
Monthly benefits are paid, with certain exceptions, as explained in the Group
Insurance handbook, until the recovery from the injury or sickness or until the
employee reaches age 65.
The City pays 100% of the premium.
An employee may use sick leave and vacation to supplement coverage under this
benefit up to, but not in excess of 100% of his regular rate of pay.
Section 5. Flexible Benefits Program
The City will maintain a Flexible Benefits Program during the term of this
Agreement in accordance with applicable IRS statutes in order to provide
employees the greatest possible tax benefit.
Included in the Flexible Benefits Program are reimbursement accounts for medical
and dental plan deductibles and co-payments; orthodontia; hearing exams and aids;
vision care; and other health care expenses 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, and other viable
options.
-13-
Resolution No. 90-177
Page 20
Section 1. Tuition Reimbursement.
The actual cost paid for tuition, books and required technical supplies and
equipment, to a maximum of $375 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.
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.
Section 2. Uniforms and Equipment.
The City will provide and maintain all uniforms that are required by the City
for Administrative Services field employees, Conmunity Services lake/park and
recreation employees, and Public Services employees as follows:
Safety shoes shall be worn by employees as required by the City. The
department will establish and furnish to the Director of Administrative
Services a list of classifications required to wear safety shoes. The
list will be updated by January 1st of each year and on an as-needed
basis, with the concurrence of the Union.
The employee shall be provided an allowance for the purchase of safety
shoes in accordance with the following:
Recreation Coordinators ..........
Recreation Leader II ............
Tree Trin~ner ................
Remaining classifications in the unit
required by the City to wear safety shoes
$60 per fiscal year
$60 per fiscal year
$150 per fiscal year
$135 per fiscal year
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.
-14-
Resolution No. 90-177
Page 21
The City will provide and maintain eleven {11) sets of uniforms for
those employees required to wear uniforms, excepting Recreation
employees. Employees electing to wear City-approved summer attire may
receive fewer than eleven sets of standard uniforms and shall be respon-
sible 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. Recreation employees may
receive sweater{s) in lieu of shirt{s) on the basis of equivalent dollar
value. Employees may elect to wear City approved shorts during the
sum..er. All summer attire must be City approved.
Park Rangers will be reimbursed up to $300 each fiscal year for the pur-
chase of approved uniforms. Uniform selection shall be approved by the
Director of Community Services.
Public Services employees generally assigned to field work shall receive
one {1) Jacket per fiscal year on an as-needed basis as determined by
the Public Services Operations Manager.
F. Standards of maintenance of uniforms and equipment shall be determined
by the City, and employees must maintain these standards.
Section 3. Probation.
All appointments, including promotional appointments, shall be for a probationary
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;
-15-
Resolution No. 90-177
Page 22
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.
Temporary Assignment To A Higher Level Vacancy.
Section 5.
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 for fifteen {15) or more consecu-
tive working days shall be compensated at the "A" step rate of pay for
the higher level position, 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:
De
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 receive additional compensation of five percent (5%) above
the employee's current rate of pay. The assignment shall be in writing
and on a form provided by the City.
For purposes of determining the period of 15 consecutive days, holidays
will apply toward hours worked, and vacation and sick leave will apply
toward hours worked provided the employee has served in the acting posi-
tion continuously for six {6) or more months.
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.
A policy memorandum will be implemented to ensure that employees in the Customer
Services Division, Community Services Aquatics Division, and those classified as
Park Attendants, when possible, may take a designated ten-minute break twice
during an eight-hour work day, providing one break in the morning and one in the
afternoon. The designated breaks shall be in lieu of any other rest periods per-
mitted by this Agreement.
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Resolution No. 90-177
Page 23
In the event an employee is required to work in excess of twelve (12) consecutive
hours, the City shall pay the cost of a meal in the amount of $9.00. For pur-
poses of determining consecutive hours worked, meal and rest periods will be con-
sldered hours worked.
Section 7. Travel Expenses.
A®
Prior approval of the department head and final approval of the City
Manager shall be required prior to reimbursement for travel expenses.
Employees using their own vehicle on approved City business travel will
be reimbursed at the rate of thirty cents {$.30} per mile.
C. Employees on approved official business away from the City will be
reimbursed for actual and necessary expenses incurred.
D. In order to be reimbursed, employees must include original receipts for
all expenses with the reimbursement claim form.
E. Advances of travel expenses may be allowed at the sole discretion of
the City Manager.
Section 8. 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 $900 per month for fiscal year 1990-91
through 1991-92, and $1,000 per month for fiscal year 1992-1993, which
shall be divided equally among those on the list.
1. The call-out list shall consist of qualified employees.
2. List members shall meet the following qualifications:
(a)
Must reside within the limits of City of Poway and the com-
munities of Rancho Penasquitos 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.
-17-
Resolution No. 90-177
Page 24
e
(d) The member in Position 1 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:
(a) 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.
(a) 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 noti-
fies the Filtration Plant that the call is completed.
(c)
An employee who is contacted while serving a call-out {as de-
fined 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 worksite, or sites, is actually returning, or 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 {1½) 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.
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:
1. The duty person will wear a
listed contact phone number.
City pager when away from his/her
-18-
Resolution No. 90-177
Page 25
Calls to the duty person will be placed by the Treatment Plant
Operator.
(a) Treatment Plant Operator will screen calls to determine need
to contact duty person.
(b) Upon being contacted by the Treatment 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, Treatment Plant Operator
will first attempt to call list members progressively.
(e)
Upon call completion, the duty person will advise the
Treatment 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.
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.
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 perform
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 by
the end of the last full pay period of the fiscal year the benefit day{s) shall
be forfeited.
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Resolution No. 90-177
Page 26
Section 10. Transfers.
An employee transferring from this unit to another unit shall malntaln 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 employment and the employee may be laid-off
without taking disclpllnary 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 reemployment 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 prlor to the effective date of resignation.
The Clty will pay an employee for all hours worked within 72 hours after termin-
ation, and wi11 thereafter pay all accumulated reimbursable benefits as early
as feasible.
An employee who has restgned with a good record will be given preferentlal con-
sideratlon for rehlre if a position is avallable. Decision to rehire is at the
discretion of the City, and the employee will not reestablish rights and/or
benefits lost at the tlme of resignation.
An employee with five (5) years service who resigns in good standing and Is
reemployed within a two (2) year period to the same or equal position previously
held, shall be eligible to earn and use vacation, sick leave, and other benefits
to which they are otherwise entitled as if there had been no break in service.
Section 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 shlft differential pay of $0.85/hour in addition to their
regular rate of pay. Filtration plant employees assigned to work the forty-
eight (48) hour weekend shlft shall receive a $0.85 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.
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Resolution No. 90-177
Page 27
Public Services Department employees in the Park Maintenance Worker classifica-
tion who are assigned a work schedule which requires them to work after the hour
of 3:30 P.M. or before 5:00 A.M. shall be entitled to shift differential pay of
$O.§5/hour in addition to their regular hourly rate of pay regardless of when the
employee's meal period is scheduled. However, if the meal period is scheduled
outside of these hours, the employee will be paid shift differential only for the
hours actually worked.
Community Service Department employees in the Park Ranger, Dock Attendant, and
Park Attendant (Administrative Clerk I) classifications who are assigned a work
schedule which requires them to work after the hour of 3:30 P.M. or before
5:00 A.M. shall be entitled to shift differential pay of $0.55/hour in addition
to their regular hourly rate of pay regardless of when the employee's meal period
is scheduled. However, if the meal period Is scheduled outside of these hours,
the employee will be paid shift differential only for the hours actually worked.
Employees scheduled to work durlng the general
5:00 P.M. will not receive shift differential
3:30 P.M. and 5:00 P.M.
office hours of 8:00 A.M. to
pay for hours worked between
Publtc Services Department employees In the Building Maintenance classification
who are assigned to work the night shift, shall be entitled to shlft dlfferen-
tlal pay of $0.55 per hour in addition to their regular hourly rate of pay for
the hours worked between 3:30 P.M. and 7:00 A.M.
Public Services Department employees in the Equipment Mechanic classlflcatlon,
who are assigned to work the night shift, shall be entitled to shift differen-
tlal pay of $0.55 per hour In addltion to their regular hourly rate of pay for
the hours worked between 3:30 P.M. and 7:00 A.M.
Public Services employees who are required to work an evening schedule outside of
their normal work schedule shall receive shift differential pay of $0.55 per hour
only when the employee does not qualify to receive overtime for working during
the normal work schedule on the following day.
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, Grlevaflce,
Section 1. Purpose.
A. To promote improved employer-employee relationships by establishing
procedures for appealing management actions.
Be
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.
Ce
To provide that grievances shall be settled as near as practicable to
the point of origin.
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Resolution No. 90-177
Page 28
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.
A decision affecting the employment of any permanent or probationary
employee over which the department head has partial or complete
jurisdiction.
Section 3. Procedure.
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.
®
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
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Resolution No. 90-177
Page 29
e
Section 4.
A®
Be
Ce
E®
persons to advise him concerning the appeal. The City Manager
shall render his decision and co~rm~,ents 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.
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.
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.
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.
And $~¢1el Security,
The City will provide retirement benefits through the Public Employees' Retire-
ment System. The City does not participate in the Social Security System.
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 "Third Level 1959 Survivors Benefits" option as soon as practicable.
Effective on the first day of the final pay period of fiscal year 1992-93, the
City will contract with the Public Employees' Retirement System {PERS) to provide
the retirement benefit based on the employees' single highest year salary.
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Resolution No. 90-177
Page 30
A~l¢le 12, Personnel Rules,
All other employee rights, privileges, and benefits
Personnel Rules of the City of Poway.
are included in the
The Union agrees not to strike or otherwise engage In withholding services or
concerted action during the term of this Agreement. Also, the City agrees not to
lock out the employees.
Article 14, t4elntenance of l#mbershlp,
Employees in a classification represented by the Union who are members as of the
date of this Agreement and have signed a payroll dues deduction authorization
card or subsequently become members and sign such a card, shall remain members
and the City shall continue to deduct said dues durlng the period covered by this
Memorandum of Understanding. Employees may withdraw their membership and discon-
tinue dues deduction during the month of May to be effective in June following
the expiration of the Agreement.
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Resolution No. 90-177
Page 31
PART ~, PART-T~NE ENI)LOYE~
Artlcle 1, Gener&l,
Section 1. Purpose.
Part II of this Agreement recognizes the Representatives as the majority repre-
sentative of all part-time regular 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 cuty of fair representation in meet and confer and under this Agree-
ment.
All Sections (1 through 3) of Part I of this Agreement shall apply to all regu-
lar part-time employees.
Article 2, Severablllty and ~vlng$,
All of Article 2, Part I, of this Agreement shall apply to all regular part-time
employees.
Article 3, $3mp~tlty Action,
All of Article 3, Part I, of this Agreement shall apply to all regular part-time
employees.
In accordance with Article 4, Part I, this entire Agreement shall con,hence at
12:00 A.M. on July 1, 1990, and terminate at 11:59 P.M. on June 30, 1993.
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.
Article 5, Wages,
Effective June 25, 1990, regular part-time employees will receive salary
adjustments in accordance with the following:
Effective June 25, 1990
Effective June 29, 1991
Effective January 6, 1992 -
Effective July 6, 1992
6.0% salary increase
3.0% salary increase
2.0% salary increase
5.0% salary increase
The position classifications are established at the salary ranges indicated in
Article 5, Part I, of this Agreement.
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Resolution No. 90-177
Page 32
Ar~le ~, L~v~s,
Section 1. Vacation.
Employees in the unit shall be entitled to vacation leave with pay excepting
those employees who have been employed by the City for less than the equivalent
of six (6) continuous months of full-time employment.
For purposes of computing annual vacation leave, an eight (8) hour working day
shall be considered as one-fifth (1/5) of the number of working or duty hours in
the established forty (40) hour work week.
One day of vacation shall be accrued for each two (2) months of employment, for
a total of six {6) working days, or forty-eight {48) hours per year.
After five (5) years of continuous employment, an additional one and one-half
{1-1/2) days per year shall be accrued, for a total of seven and one-half
{7-1/2) working days, or sixty {60} hours per year.
After ten (10) years of continuous employment, an additional one and one-half
{1-1/2) days per year shall be accrued, for a total of nine {9) working days, or
seventy-two {72) hours per year.
After fifteen (15) years of continuous employment, an additional one and one-
half {1½) day per year shall be accrued, for a total of ten and one-half {10½)
working days, or eighty-four (84) hours per year.
Vacation time can be accumulated to a maximum of 150% of one year's eligibility,
and accumulation above 150% shall be forfeited.
The times at which an employee may take his vacation shall be determined by the
department head with due regard for the wishes of the employee and particular
regard for the needs of the City.
In the event one or more holidays fall within a vacation leave period, the holi-
days 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.
Section 2. Sick Leave.
Sick leave with pay may be granted to all probationary and regular employees
within this unit who are regularly employed in permanent part-time positions.
For the purposes of computing sick leave, an eight {8} hour working day shall be
considered as one-fifth {1/5) of the number of working or duty hours in the es-
tablished forty {40) hour work week.
One {1) day sick leave shall be accrued for each two {2) months of employment,
for a total of six (6) working days, or forty-eight (48) hours per year. Sick
leave shall be granted to an employee only for actual working time off.
-26-
Resolution No. 90-177
Page 33
Accumulation of sick leave shall be unlimited.
In order to receive compensation while absent on such leave, the employee shall
notify his in~nedlate supervisor or the department head prior to or wlthin two
(2) hours after the time set for the beginning of his/her work shift.
Sick leave over three (3) working days may require certification by the em-
ployee'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 two {2) 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 the time card and Request for Leave of Absence form.
After ten (10) years of continuous employment with the City and upon termina-
tion or retirement, an employee will receive compensation for unused sick leave
as follows:
Upon normal retirement, a part-time employee will receive 25% of all
sick leave hours accrued. Calculations will be at the employee's rate
of pay at the time of retirement and will not exceed $2,000.
Be
Upon leaving the employ of the City for other than retirement, a part-
time employee will receive 25% of all hours accrued. Calculations
will be at the employee's rate of pay at the time of termination and
will not exceed $1,000.
Upon the death of the employee, compensation for unused sick leave
shall be at the same rate of 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 1
3rd Monday-February
Last Monday-May
July 4
1st Monday-September
November 11
4th Thursday-November
Fourth Friday-November
December 25
Part-time employees shall receive regular pay for hours worked on a holiday.
Part-time employees shall receive four {4} hours holiday pay whether on or off
duty on the nine holidays listed above. In addition, one-time holidays will be
granted as follows:
Christmas Eve
Christmas Eve
December 24, 1990
December 24, 1992
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Resolution No. 90-177
Page 34
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.
&r'~l¢l~ 7, Pa,yr~ll ar~l Work. Week.
Section 1. General.
Regular pay days are designated as every other Friday for the two week period
ending the previous Sunday. In no event shall the City advance pay, including
pay for 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.
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.
All employees in this unit shall be paid one and one-half (1-1/2) 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. Employees working overtime will con-
tinue to receive overtime pay after 12:00 A.M. for continuous hours worked
including meal and rest periods, provided regular hours worked the following day
will be paid at the employee's regular rate of pay.
Any Community Services employee whose hours are changed at the request of the
department within five (5) days of the date the employee is scheduled to work
shall receive overtime pay for all hours which fall outside the originally
scheduled hours. The employee shall be responsible for remaining apprised of
the work schedule in order to be eligible for the overtime pay, provided that a
five-day advance work schedule is available.
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 8D 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.
Section 3. Dues Deduction.
Upon written request to the Personnel Division, employees may elect to pay dues
through payroll deduction to the California 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.
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Resolution No. 90-177
Page 35
Section 1. Hospital and Medical.
The regular part-time employee may elect to be covered by the City's medical
and/or dental insurance plans.
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
carrier(s).
The part-time employee shall pay fifty (50%) percent, and the City shall pay
fifty (50%) percent of the health benefit premiums for the employee-only
coverage.
The cost of dependent coverage of the medical and dental plan of the employee's
choice will be as follows: the employee will pay seventy-five (75%) percent, and
the City will pay twenty-five (25%) percent. The employee's share of the cost
will be made through payroll deduction.
Section 2. Eye Care.
The part-time employee may elect to be covered by the City's vision care plan.
The City shall pay fifty (50%) percent of the cost of the premium for the
coverage of the employee and his/her dependents, and the employee shall pay the
remaining fifty (50%) percent of the premium. The employee's share of the cost
will be made through payroll deduction.
Section 3. Life Insurance.
The part-time employee may elect to be covered by the City's llfe insurance plan
provided said employee also participates in one of the City's medical plans.
The employee shall pay fifty (50%) percent of the premium, and the City shall
pay fifty (50%) percent of the premium.
Section 4. Flexible Benefits Program.
The City will maintain a Flexible Benefits Program in accordance with applicable
IRS statutes in order to provide employees the greatest possible tax benefits.
Included in the Flexible Benefits Program are reimbursement accounts for medical
and dental plan deductibles and co-payments; orthodontia; hearing exams and
aids; vision care; and other health care expenses not covered by existing medi-
cal and dental coverage. Additional elements of the Program may include
reimbursement accounts consisting of child/dependent care and nursery school,
and other viable options.
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Resolution No. 90-177
Page 36
Section 1. Tuition Reimbursement.
The actual cost paid for tuition, books and required technical supplies and
equipment, to a maximum of $100 per fiscal year per employee, will be refunded
to all regular part-time employees after five (5) years of continuous employment
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.
Section 2. Uniforms and Equipment.
For employees in the Lake Operations, Park and Landscape Maintenance Divisions,
and Public Services Department, the City will provide uniforms that are required
by the City in accordance with the following:
Safety shoes shall be worn by employees as required by the City. The
department will establish and furnish to the Director of Administrative
Services a list of classifications required to wear safety shoes. The
list will be updated by January 1st of each year and on an as-needed
basis with the concurrence of the Union.
The employee will 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.
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Resolution No. 90-177
Page 3!
The City will provide one (1) jacket and 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. Recreation employees may receive
sweater(s) in lieu of shirt{s) on the basis of equivalent dollar value.
Employees may elect to wear City approved shorts during the summer.
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 sumner attire. The City will
maintain uniforms provided to Public Services employees.
Standards of maintenance of uniforms and equipment shall be determined
by the City, and employees must maintain these standards.
Section 3. Probation
All appointments, including promotional appointments, shall be for a probationary
period of not less than a period equivalent to six (6) months of full-time em-
ployment. 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.
Ae
Full Responsibility -- An employee specifically assigned on a temporary
basis to a higher level position for the equivalent of fifteen {15) or
more consecutive full-time work days in which there is no appointed
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Resolution No. 90-177
Page 38
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,
which payment shall be retroactive to the first day of such services,
provided, however, that the full range of dutles 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 cir-
cumstance shall the rate of compensation be less than five percent {5%)
above the employees current rate of pay.
Partial Responsibility -- An employee specifically assigned to perform
a portion of the duties of the higher level position for the equivalent
of fifteen (15) or more consecutive work days shall receive additional
pay equal to 5% of current salary. The assignment shall be in writing
and on a form provided by the City.
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, 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 7. Layoff and Reemployment.
The City may abolish any position or employment and the employee may be laid-off
without taking disciplinary action and without the right of appeal.
Persons to be laid-off shall be given at least ten {10} calendar days prior
notice, and they shall be maintained on a reemployment list for a period of
twelve {12) months. The order of reemployment after lay-off shall be based on
prior performance and seniority as determined by the City.
Section 8. Resignatlons.
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.
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Resolution No. 90-177
Page 39
An employee with the equivalent of five (5) years of full-time service who
resigns In good standing and is reemployed within a two (2) year period to the
same or equal position previously held, shall be eligible to earn and use vaca-
tion, sick leave, and other benefits to which they are otherwise entitled as if
there had been no break in service.
Section 9. Credit Union.
Employees may elect to make credit union contributions through payroll
deduction.
Article 10, ~rtevance
Section 1. Purpose.
A. To promote improved employer-employee relationships by establishing
procedures for appealing management actions.
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.
B. A dispute about the practical consequences of a City decision on wages,
hours and other terms and conditions of employment.
A decision affecting the employment of any permanent or probationary
employee over which the department head has partial or complete
jurisdiction.
Section 3. Procedure.
Informal Grievance Procedure -- An employee who has a problem or
complaint should first try to get it settled through discussion with
his inmediate 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
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Resolution No. 90-177
Page 40
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 fomal 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 {S} 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.
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 comments 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.
A. 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.
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Resolution No. 90-177
Page 41
De
The employee may request the assistance of another person of his own
choosing in preparing and presenting bls 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.
Failure of the employee to take further action within the specified
time 11mits at each level of review, or within five (5) days If no
decision Is rendered, shall constitute wlthdrawal of the grievance.
F. Employees shall be assured freedom from reprisal for using the
grievance procedure.
All other employee rights, privileges, and benefits are included
Personnel Rules of the City of Poway.
in the
Article 12, dob Actlon$
The Unlon agrees not to strike or otherwise engage in withholding servlces or
concerted action during the term of this agreement. Also, the City agrees not to
lock out the employees.
Employees In a classification represented by the Teamsters who are members as of
the date of this agreement and have signed a payroll dues deductlon 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 explratlon of the agreement.
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Resolution No. 90-177
Page 42
Artlcle :14, Postlng Of Agreement
A copy of this agreement will be initially distributed to all employees, given
to all new employees hired into the unit after July 1, 1990, and made available
at the Filtration Plant, the Operations Center, Community 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:
Peggy A. 'S~wart
Director of Administrative Services
Joyc~/A.'Posey, Personnel Man~lger
Charlotte Collins,
Data Pro~~r
Peter MOote, Management Analyst
For the Representatives:
C~T"om Howar?~ Chief Steward
~rry Beau-champ, Steward
ine Gesse'l, Steward
(Ji~ Grogan D -
~(llfornla Teamsters, Local 911
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