Res 13-019 RESOLUTION NO. 13-019
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY AND THE CALIFORNIA TEAMSTERS LOCAL 911
REPRESENTING NON-SAFETY EMPLOYEES AND
APPROVING THE SALARY AND BENEFIT PLAN FOR
MANAGEMENT/CONFIDENTIAL GROUP
WHEREAS, representatives with 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 to reach a Memorandum Of Understanding (MOU)
regarding wages, hours, and other terms and conditions of employment; and
WHEREAS, as a result of these meetings a recommended MOU has been prepared
for employees represented by the California Teamsters Local 911; and
WHEREAS, it is necessary to designate the salaries and benefits of the
management, supervisory, professional, and confidential employees of the City of Poway
and an updated Salary and Benefit Plan has been prepared; and
WHEREAS, the City Council of the City of Poway wishes to adopt said MOU and
Salary and Benefit Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
1. That the MOU between the City of Poway and the California '
Teamsters Local 911, attached hereto as Exhibit A, is hereby adopted
effective July 1, 2013 and shall be in effect through June 30, 2015.
2. That the Salary and Benefit Plan for Management/Confidential Group,
attached hereto as Exhibit B, is hereby adopted effective July 1, 2013
and shall be in effect through June 30, 2015.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 18th day of June 2013.
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Don Higginson, Mayor
ATTEST:
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hei R. Cobian, CMC, City Clerk
Resolution No. 13-019
Page 2
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. 13-019 was duly adopted by the City Council at
a meeting of said City Council held on the 18th day of June 2013, and that it was so
adopted by the following vote:
AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
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Sheila . Cobian, CMC, City Clerk
City of Poway
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I�' I1V THE CO
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF POWAY
AND
THE NON-SAFETY EMPLOYEES
July 1, 2013 —June 30, 2015
Exhibit A
Table of Contents
PART I. FULL-TIME EMPLOYEES.........................................................................................1
Article1. General ............................................................................................................................ 1
Section1 - Purpose....................................................................................................................... 1
Section2 - Scope.......................................................................................................................... 1
Section 3- General Provisions...................................................................................................... 1
A. City Employer-Employee Relations Resolution.......................................................... 1
B. Construction .............................................................................................................. 1
C. City Rights................................................................................................................. 1
D. Employee Rights........................................................................................................2
E. City Procedures.........................................................................................................2
F. Layoffs.......................................................................................................................3
Article 2. Severability and Savings .................................................................................................3
Article3. Sympathy Action..............................................................................................................4
Article 4. Duration of Agreement.....................................................................................................4
Article5. Wages.............................................................................................................................4
Article6. Leaves.............................................................................................................................4
Section1 - Vacation......................................................................................................................4
A. Computing Annual Vacation Leave.......................................................
.....................4
B. Vacation Leave Accrual.............................................................................................5
C. Use of Vacation Time.................................................................................................5
D. Payout of Vacation Leave..........................................................................................5
Section2 - Sick Leave ..................................................................................................................5
A. Sick Leave Use..........................................................................................................5
B. Sick Leave Accrual ....................................................................................................5
C. Notification.................................................................................................................6
D. Worker's Compensation Illness or Injury....................................................................6
E. Family Sick Leave...................................................................................................... 6
F. Annual Conversion of Sick Leave..............................................................................6
G. Payout of Sick Leave.................................................................................................7
Section3- Holidajrs......................................................................................................................7
A. Designated Holidays..................................................................................................7
B. Holiday Pay ...............................................................................................................8
Section4- Benefit Days................................................................................................................ 8
Section 5 - Bereavement Leave....................................................................................................8
Section6- Jury Duty.....................................................................................................................9
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Article 7. Payroll and Work Week....................................................................................................9
Section1 - General.......................................................................................................................9
A. Regular Paydays .......................................................................................................9
B. Community Services Work Schedule.........................................................................9
Section2- Overtime................................................................................................................... 10
Section 3- Compensatory Time-Off(CTO) ................................................................................. 10
A. CTO Accumulation and Use..................................................................................... 10
B. CTO Carryover........................................................................................................ 11
Section4- Deductions................................................................................................................ 11
A. Dues Deduction....................................................................................................... 11
B. Withdrawal of Dues Deduction................................................................................. 11
Section5 -Work Hours............................................................................................................... 11
Article8. Benefits......................................................................................................................... 11
Section 1 - Hospital and Medical................................................................................................. 11
Section2- Eye Care................................................................................................................... 12
Section 3- Life Insurance ........................................................................................................... 12
Section 4- Long-term Disability Income Insurance ..................................................................... 12
Section 5 - Flexible Benefits Program ......................................................................................... 12
Section 6- Deferred Compensation............................................................................................ 12
A. 457 Plan .................................................................................................................. 12
B. 401(a) Plan.............................................................................................................. 12
Article9. Special Pay.................................................................................................................... 13
Section 1 -Tuition Reimbursement............................................................................................. 13
Section 2- Uniforms and Equipment.............................................................
.............................. 14
A. Safety Shoes........................................................................................................... 14
B. Uniforms- General .................................................................................................. 14
C. Uniforms—Community Services Employees ........................................................... 14
D. Uniforms - Park Rangers ......................................................................................... 15
E. Jackets.................................................................................................................... 15
Section3- Meal Allowance......................................................................................................... 15
Section4-Travel Expenses ....................................................................................................... 15
Section5 - On-Call Time............................................................................................................. 16
A. Field Forces............................................................................................................. 16
B. Operational Conditions ............................................................................................ 17
C. Filtration Plant.......................................................................................................... 18
D. Operational Conditions. ...........................................................................................20
Section 6- Shift Differential.........................................................................................................20
A. Filtration Plant Employees .......................................................................................20
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B. Public Works Employees.........................................................................................20
C. Community Services Employees .............................................................................21
D. General....................................................................................................................21
Section7- Caliback Time ...........................................................................................................21
Section 8 - HVAC Certification Pay.............................................................................................21
Article10. Service........................................................................................................................21
Section1 - Probation...................................................................................................................21
Section2 - Safety........................................................................................................................22
Section 3-Temporary Assignment to a Higher Level Vacancy...................................................22
A. Out-of-Class Assignment.........................................................................................22
C. Consecutive Hours Worked .....................................................................................22
D. Conclusion of Assignment........................................................................................23
E. Nature of Assignment..............................................................................................23
Section 4- Meal and Rest Periods..............................................................................................23
Section5 -Transfers...................................................................................................................23
Section6- Reassignment...........................................................................................................23
Section 7- Layoff and Reemployment ........................................................................................23
Section8 - Resignations.............................................................................................................24
Article11. Grievance....................................................................................................................25
Section1 - Purpose.....................................................................................................................25
Section2 - Scope........................................................................................................................25
Section3- Procedure.................................................................................................................25
A. Informal Grievance Procedure.................................................................................25
B. Formal Grievance Procedure...................................................................................25
Section 4- Conduct of Grievance Procedure..............................................................................26
Article 12. Retirement and Social Security....................................................................................26
Article 13. Personnel Rules..........................................................................................................28
Article14. Job Actions..................................................................................................................28
Article 15. Americans with Disabilities Act Amended....................................................................28
Article 16. Posting of Agreement..................................................................................................28
Article1. General.......................................................................................................................... 30
Section1 - Purpose.....................................................................................................................30
Article 2. Severability and Savings ............................................................................................... 30
Article3. Sympathy Action............................................................................................................ 30
Article 4. Duration of Agreement................................................................................................... 30
Article5. Wages........................................................................................................................... 30
Article6. Leaves........................................................................................................................... 31
Section1 - Vacation.................................................................................................................... 31
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A. Computing Annual Vacation Leave.......................................................................... 31
B. Vacation Leave Accrual...........................................................................................31
C. Use of Vacation Time...............................................................................................31
D. Payout of Vacation Leave........................................................................................ 31
Section2 - Sick Leave ................................................................................................................32
A. Sick Leave Use........................................................................................................ 32
B. Sick Leave Accrual ..................................................................................................32
C. Notification............................................................................................................... 32
D. Worker's Compensation Illness or Injury..................................................................32
E. Family Sick Leave.................................................................................................... 33
F. Payout of Sick Leave...............................................................................................33
Section3 - Holidays.................................................................................................................... 33
A. Designated Holidays................................................................................................33
B. Holiday Pay .............................................................................................................34
Section 4- Bereavement Leave.................................................................................................. 34
Section5 - Jury Duty...................................................................................................................34
Article 7. Payroll and Work Week................................................................................................. 35
Section1 - General.....................................................................................................................35
A. Regular Paydays .....................................................................................................35
B. Community Services Work Schedules..................................................................... 35
Section2 - Overtime...................................................................................................................35
Section 3 - Compensatory Time Off (CTO) .................................................................................36
Section4- Deductions................................................................................................................36
A. Dues Deduction....................................................................................................... 36
B. Withdrawal of Dues Deduction.................................................................................36
Article8. Benefits.........................................................................................................................36
Section 1 - Hospital and Medical................................................................................................. 36
Section2 - Eye Care...................................................................................................................37
Section 3 - Flexible Benefits Program ......................................................................................... 37
Section 4- Retirement and Social Security.................................................................................37
Section 5 - Deferred Compensation............................................................................................ 38
Article9. Special Pay....................................................................................................................39
Section 1 -Tuition Reimbursement.............................................................................................39
A. Safety Shoes...........................................................................................................40
B. Uniforms - General ..................................................................................................40
C. Uniforms - Community Services...............................................................................40
Section 3 - Meal Allowance.........................................................................................................41
Article10. Service........................................................................................................................41
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Section1 - Probation...................................................................................................................41
Section2 - Safety........................................................................................................................41
Section 3- Out-of-Class Assignment.................................................................................42
Section4-Transfers...................................................................................................................42
Section5 - Reassignment...........................................................................................................42
Section 6- Layoff and Reemployment ........................................................................................43
Section7- Resignations.............................................................................................................43
Article11. Grievance....................................................................................................................44
Section1 - Purpose.....................................................................................................................44
Section2- Scope........................................................................................................................44
Section3 - Procedure .................................................................................................................44
A. Informal Grievance Procedure.................................................................................44
B. Formal Grievance Procedure...................................................................................44
Section 4- Conduct of Grievance Procedure..............................................................................45
Article 12. Personnel Rules..........................................................................................................45
Article13. Job Actions..................................................................................................................45
Article 14. Americans with Disabilities Act Amended....................................................................46
Article 15. Posting of Agreement..................................................................................................46
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MEMORANDUM OF UNDERSTANDING
This is the memorandum of understanding as provided for in the California Government Code
Sections 3500 through 3510, which is also known as the Meyers-Milias-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 Bargaining
Unit Representatives.
This Agreement shall become effective when adopted by the City Council of the City of Poway.
PART 1. FULL-TtME EMPLOYEES
Article 1. General
Section 1 - Purpose
Part I of this Agreement recognizes the Bargaining Unit Representatives as the majority
representative of all full-time, regular, non-management and non-confidential employees of the City,
excluding the safety personnel, and represents the unit for the matters within the scope of ineet and
confer, and the Bargaining Unit 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 ineet and confer shall require prior meet and confer between the Bargaining Unit
Representatives and the City.
Section 3 - General Provisions
A. City Employer-Employee Relations Resolution.
The Bargaining Unit 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.
B. Construction
The rights, powers and authority of the City Council in all matters shall not be modified or
restricted except as provided for in this Agreement. In interpreting the language of this
Agreement, first the plain meaning of the language shall prevail. If the parties cannot agree on
the plain meaning of the language, then the intent of the parties shall be considered; then the
trade or industry usage of the language shall be considered.
C. City Rights
The rights of the City include, but are not limited to the exclusive right to determine the mission
of its constituent departments, 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
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for other legitimate reasons; maintain the efficiency of operations; determine the methods,
means and personnel by which operations are to be conducted; set work schedules; 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.
D. Employee Rights
The City will make every effort to ensure that the rights of employees are protected.
E. City Procedures
The Bargaining Unit Representatives recognize and hereby adopt by reference the following City
procedures:
1. Unit Determination
The City reserves the privilege of establishing units for meet and confer.
2. Jurisdictional Disqutes
In the event of jurisdictional disputes between competing employee organizations or unit
claims, the employees of all units shall continue working under the agreement in force at
the time.
3. Awards
Service Recognition and Special Awards shall be granted or not granted at the discretion
of the City Council. �
4. Time Saent for Meet and Confer and Grievances
The City allows reasonable time off without loss of benefits for a reasonable number of
recognized Bargaining Unit Representatives for the purpose of ineet and confer and for
grievance representation. Reasonableness is determined by the department Director.
Bargaining Unit Representatives must obtain advance approval from their supervisor for
time away from their regular duties.
5. Access to Work Location
Bargaining Unit Representatives of Employee Organizations may be allowed reasonable
access to work location only after they have obtained permission of the City Manager.
Employee Bargaining Unit Representatives must advise supervisors in advance of time
they will be away from their regular job duties for approved, scheduled employee
organization business as provided under Section E, City Procedures.
6. Use of Citv Facilities
Employee organizations may, with prior approval of the City Manager or designee, be
granted the use of City facilities during nonworking hours for meetings of City employees
provided space is available, and provided further such meetings are not used for
organizational activities or membership drives of City employees.
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7. Availabilitv of Data
The City will make available to employee organizations 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.
Information that shall be made available to employee organizations includes regularly
published data covering subjects under discussion. Data collected on a promise to keep its
source confidential may be made available in statistical summaries, but shall not be made
available in such form as to disclose the source.
Nothing in this procedure shall be construed to require disclosure of the following:
a. Personnel, medical and similar files, the disclosure of which would constitute an
unwarranted invasion of personal privacy or be contrary to City Policy;
b. 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 that 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 Ciiy.
8. Bulletin Board Sqace and Citv's Email Svstem
The City shall make available bulletin board space on existing bulletin boards designated
for general employee information for the use of the employee organization in posting
notices, following approval of the City Manager. The City and Union will establish a list of
locations, which will be maintained by and on file with the Human Resources Manager.
The City shall allow limited use of the City's email system to notify members of bargaining
unit meetings. All notices are to be provided to the Human Resources Manager for pre-
approval. Once approved, the City's email system may be used.
F. Layoffs
The City agrees to meet with the Bargaining Unit Representatives 30 days prior to issuance of
any layoff notices for the purpose of conferring over the impact and implementation of said
layoffs and to discuss alternatives and options. However, the City Manager shall retain the final
decision with respect to the classifications and number of employees to be laid off.
Article 2. Severabilitv and Savinas
If any portion of this Agreement, or the application of such portion to any person 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.
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Article 3. Svmaathv Action
During the term of this Agreement, neither the Bargaining Unit 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.
Article 4. Duration of Aqreement
This entire Agreement shall commence at 12:00 a.m. on July 1, 2013, and terminate at 11:59 p.m. on
June 30, 2015.
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, provided, however, that it has been agreed that the new agreement will
be retroactive to the expiration of this Agreement.
Article 5. Waqes
Wages shall increase by two percent (2%) effective the beginning of the pay period which includes
July 1, 2013.
Wages shall increase by two percent (2%) effective the beginning of the pay period which includes
July 1, 2014
Wages shall be paid in accordance with the salary schedule for all job classifications, attached hereto
as Exhibit A.
Article 6. Leaves
Section 1 - Vacation
A. Computing Annual Vacation Leave
All employees in the unit shall be entitled to vacation leave with pay except those employees
who have senred less than six continuous months in the service of the City.
For the purpose of computing annual vacation leave, a working day shall be considered as 1/5
of the number of working or duty hours in the established workweek. Annual vacation leave
shall be computed in accordance with the following schedule:
Years of
Continuous Emqlovment Vacation Leave Credits
1 through 5 years 96 hours per year or 3.692 hours per pay period for 26 pay
periods.
After 5 years 120 hours per year or 4.615 hours per pay period for 26 pay
periods.
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After 10 years 144 hours per year or 5.538 hours per pay period for 26 pay
periods.
After 15 years 168 hours per year or 6.462 hours per pay period for 26 pay
periods.
B. Vacation Leave Accrual
Vacation time can be accumulated to a maximum of 150% of one year's eligibility. When an
employee's vacation leave accrual reaches the maximum level, the employee will stop accruing
additional vacation leave until such time as the employee uses vacation leave below the
maximum level. At that time, the employee will begin accruing additional leave from that point
forward.
Employees who have reached maximum accrual can request a review by their department
Director in the event a vacation request is denied. The department Director shall be the final
level of appeal. The Director shall not unreasonably withhold approval.
C. Use of Vacation Time
The times at which an employee may take vacation shall be determined by the department
Director 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.
An employee may elect to use accrued vacation for scheduled medical or dental appointments,
evaluations, treatments, or associated activities.
D. Payout of Vacation Leave
Employees who terminate employment shall be paid in a lump sum for all accrued vacation
leave earned prior to the effective date of termination.
Section 2 - Sick Leave
A. Sick Leave Use
Sick leave shall not be considered a right but shall be allowed only in case of necessity and
actual personal sickness or disability. Sick leave may be used for illness, dental and medical
evaluations or treatments or other related activities. If an employee's sick leave balance is
exhausted, another paid leave (e.g. vacation, comp time, etc.) will be used.
B. Sick Leave Accrual
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 workweek.
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.
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Sick leave shall be granted to an employee only for actual working time off.
Accumulation of sick leave shall be unlimited.
C. Notification
In order to receive compensation while absent on sick leave, the employee shall provide
notification to his/her department in the manner established by the department Director prior to
or within two hours after the time set for the beginning of duties.
An employee who is required to open facilities for the public or who is required to arrive to work
and relieve another single employee on duty shall call in within one hour prior to the beginning of
the work shift.
Absent extenuating circumstances, failure to fulfill notification requirements will cause such time
off to be considered leave of absence without pay.
Certification by the employee's physician may be required in order to receive compensation for
sick leave over three (3) working days at one time if an abuse of sick leave is suspected, or if an
unusual pattern of use has been documented and the employee has been formally counseled
regarding the pattern. This requirement is at the discretion of the department Director with
approval from the Administrative Services Director.
In the event an employee does not have a sufficient amount of accumulated sick leave to
receive full compensation while absent due to illness, other accumulated leaves must be used
before the employee goes to a leave without pay status. Leave without pay may only be granted
with the approval of the City Manager.
D. Worker's Compensation Illness or Injury
Sick leave shall be used for on-duty hours used for r�edical evaluations, treatments, or other
medical related activities associated with a worker's compensation illness or injury. If the
employee's sick leave balance is exhausted, another paid leave (e.g., vacation, comp time, etc.)
will be used in its place.
E. Family Sick Leave
In the event of illness in the immediate family, an employee may use accrued sick leave not to
exceed forly-eight (48) hours in each fiscal year. Immediate family shall be designated as
mother, father, spouse, domestic partner, sister, brother, and children. Employee must notify
supenrisor in advance if possible when such leave is being taken and so note in the Comments
section on his/her time card as well as on a Leave Request, if done in advance. An employee
cannot use personal sick leave in place of Family Sick Leave, and must use other available
accrued leave when Family Sick Leave is exhausted.
F. Annual Conversion of Sick Leave
In the last full pay period of the fiscal year, an employee may convert sick leave to cash under
the following conditions:
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1. After conversion, employee must have a minimum balance of 168 hours of sick leave.
2. The employee has used 32 hours or less of sick leave in the immediately preceding 12
months.
3. An employee can convert 50% of the annual sick leave accrual, less sick leave used in the
immediately preceding 12 months, up to a maximum of 40 hours. Sick leave use includes
use of family sick leave.
Example: employee used 16 hours in preceding 12 months
96 hours of annual accrual x 50%=48 hours
48 hours- 16 used = 32 hours converted to cash
G. Payout of Sick Leave
After ten (10) years of employment with the City and upon termination or retirement, an
employee will receive compensation for unused sick leave as follows:
1. Upon retirement, an 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 the payout
will not exceed $5,000.
2. Upon leaving City employment for reasons 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 payout will not exceed $2,000.
3. Upon the death of an employee, compensation for unused sick leave shall be at the same
rate as the retirement benefit. Payment shall be made to the employee's designated
beneficiary.
Section 3- Holidavs
A. Designated Holidays
The holidays for employees in this unit are as follows:
New Year's Day January 1
Martin Luther King Day 3rd Monday- January
President's Day 3rd Monday-February
Memorial Day Last Monday-May
Independence Day July 4
Labor Day 1 st Monday-September
Veteran's Day November 11
Thanksgiving Day 4th Thursday-November
Day after Thanksgiving 4th Friday-November
Christmas Day December 25
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 considered as the legal
holiday.
To be eligible for holiday pay, an employee must be in a paid status on the day before and the
day after a holiday.
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B. Holiday Pay
1. For the purpose of computing holiday pay, a working day shall be considered as 1/5 of the
number of working or duiy hours in the established workweek.
2. Payment of two (2) times the employee's regular rate of pay shall be paid for all unscheduled
hours worked on a Designated Holiday.
3. A Water Treatment Plant Operator who works a Designated Holiday will be paid two (2) times
their regular rate of pay for the first eight (8) hours of holiday worked. This overtime
compensation will be paid in cash only; compensatory time off (CTO) cannot be earned for
time worked on a Designated Holiday.
4. Full-time Community Services employees and Public Works employees in the Park
Maintenance Worker classification, who are required to work on a Designated Holiday, will be
paid two (2) times their regular hourly rate of pay for working the holiday.
5. Other than as noted for Water Treatment Plant Operators in paragraph 3.B. of this Section,
employees may request time off in lieu of pay for a holiday worked. The times at which an
employee may take his/her holiday in lieu shall be approved by the department Director with
due regard for the wishes of the employee and particular regard for the needs of the City. The
employee will continue to receive holiday pay for the holiday worked.
6. In addition to pay for hours worked, employees in this unit shall be paid holiday pay, whether
on or off duty, on the Designated Holidays above.
Section 4- Benefit Davs
In addition to provisions for vacation, sick leave, and holidays set forth elsewhere herein, each
employee who has completed an initial probationary period of six (6) months shall have available two
(2) benefit days off each fiscal year. One of the two days will be known as Cesar Chavez Day and will
remain as an unscheduled benefit day until ten (10) other cities in San Diego County close their
offices in observance of this day, at which time it shall be observed as a fixed holiday on the day so
designated. The times at which an employee may take a benefit day off shall be determined by the
department Director with due regard for the wishes of the employee and particular regard for the
needs of the City. Benefit days may be taken in one-hour increments. If not taken by the end of the
last full pay period of the fiscal year, the benefit day(s) shall be forfeited. Employees who terminate
employment shall be paid in a lump sum for the value of any remaining benefit days.
Section 5 - Bereavement Leave
In the event of a death in the family, regular and probationary employees shall be eligible for up to five
(5) days off with pay to attend the funeral or make funeral arrangements, subje�t to the following
provisions:
A. The relatives designated shall include father, mother, wife, husband, brother, sister, daughter,
son, grandparents, grandson, granddaughter, and brothers and sisters having one parent in
common. It shall also include "in-lav�' relatives 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 bereavement
leave for a person who has been living with the employee in the same capacity of a spouse,
provided, however, the employee has previously notified the Human Resources office, in writing,
of the individual's name.
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6. Pay for compensable bereavement leave shall be in the same amount as pay for sick leave for
the same period.
C. Bereavement leave is not compensable when the employee is on leave of absence, vacation,
bona fide lay off, or for days falling outside the employee's regular work period.
D. It is not chargeable against sick leave.
E. All requests for paid bereavement leave shall be made in writing as soon as practical but in no
event later than the first day back to work, and shall be subject to approval of the Human
Resources Manager or designee.
F. Employees on a flex hour schedule shall be compensated for a nine-hour day for paid
bereavement leave, up to a maximum of 40 hours.
Section 6-Jurv Dufir
Employees shall be compensated at the regular rate of pay for serving jury duty during the
employee's scheduled work hours. The duration of jury duty and hours to be compensated shall be in
accordance with City policy and the Personnel Rules.
Article 7. Pavroll and Work Week
Section 1 - General
A. Regular Paydays
Regular paydays 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.
The regular number of working or duty hours in a workweek from Monday through Sunday is
established at 40 hours for all full-time employees in the unit.
B. Community Services Work Schedule
Work schedules for Community Services employees and Public Works employees in the Park
Maintenance Worker classifications will be posted every Monday by 8:00 a.m., seven (7) days
prior to the day the schedule begins the following Monday.
Requests for vacation or compensatory time off must be received in writing by the employee's
supervisor or his/her designee two weeks or fourteen (14) days prior to posting of the employee
schedule. Leave requests will be acknowledged in writing by the department.
Employees may be called in to work other than for scheduled hours due to sick leave,
emergency leave or unavailability of a scheduled employee. Such additional work will be paid at
straight time except as otherwise required in the MOU.
Employees whose hours are changed as the result of an error or oversight in the posted
schedule shall receive overtime pay for all hours that fall outside the originally scheduled hours.
An employee's hours cannot be changed once the schedule is posted in order to avoid payment
of additional overtime.
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Section 2- Overtime
No employee may work overtime without advance approval. Employees who do not secure prior
approval may be subject to disciplinary action pursuant to established guidelines for discipline.
Unscheduled hours worked on Sundays and holidays, as defined in Article 6, Section 3 shall be paid
for at double the employee's rate of pay.
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 workday are only
entitled to receive overtime pay for the hours worked beyond their regularly scheduled workday or
forty(40) hours in one work week.
Filtration Plant employees assigned to work the forty-eight (48) hour weekend shift shall be paid
overtime at 1-1/2 times their rate of pay for all hours worked in excess of forty(40) hours. Employees
working overtime will continue 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.
A minimum of two (2) hours pay, at the rate of one and one-haff (1-1/2) times the hourly rate of pay,
shall be paid for each incident of callback overtime. Callback overtime is unscheduled overtime as
opposed to scheduled overtime or an early start or extended shift.
For the purpose of computing overtime, hours of paid vacation, sick leave and holiday shall be
considered as hours worked.
Section 3- Compensatonr Time-Off (CTO)
A. CTO Accumulation and Use
The times at which an employee may take compensatory time shall be determined by the
department Director with due regard for the wishes of the employee and particular regard for the
needs of the City. Compensatory time off, in lieu of overtime, shall be taken as one and one-half
(1-1/2) hours off for each overtime hour worked.
The maximum accumulation of compensatory time off shall be 80 hours.
1. In the event an employee accrues 80 hours of compensatory time in any one fiscal
year, the employee will be ineligible to work overtime for compensatory time off for the
remainder of that fiscal year and will only be eligible for cash compensation for
overtime worked unless the employee uses CTO and brings the accrued balance
below 80 hours.
2. Once an employee uses CTO and brings the balance below 80 hours, the employee
may again accrue CTO hours up to 80 hours.
3. The department Director or designee shall determine the times at which an employee
may take CTO with due regard for the wishes of the employee and particular regard for
the needs of the City.
4. An employee's CTO balance will be cashed out to zero in the final pay period of the
fiscal year at the employee's then rate of pay. Said cash payment may only occur as
part of the final pay period of the fiscal year in which the compensatory time off was
accrued.
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B. CTO Carryover
Employees shall have the option to request a carryover of up to 40 hours of CTO at the end of
the fiscal year. Such requests must be made in writing to the Human Resources Manager no
later than June 1 or the soonest business day thereafter. All hours over the amount approved
for carry over will be cashed out at the employee's then rate of pay.
Section 4- Deductions
A. Dues Deduction
Upon submittal by the Union of a signed copy of an authorization card, the City agrees to deduct
the amount authorized by the employee. The City shall remit the deducted amount to the Union
as soon as possible after the deduction is made.
B. Withdrawal of Dues Deduction
Employees who wish to withdraw their membership from the Union shall do so by filing the
request in writing to the Local Union. The Union will process such a request as soon as possible
after it is received, and will also notify the City promptly to stop the dues deduction.
Section 5 -Work Hours
The City agrees to make available a flexible work schedule when possible. Work schedule and
operating conditions will be determined by the City to insure all necessary service can be maintained
without adverse impacts. Continuation of the program will be at the discretion of the City Manager. It
is understood that it may not be possible to extend this schedule to all operations of the City due to
service needs. It is understood that employees who work a 9/80 schedule shall not receive shift
differential as a result of going to a 9/80 or flex schedule.
For employees working an alternate work schedule (9/80) the workweek shall begin and end four
hours into each employee's work schedule on his or her alternating regular day off.
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. Dependents of each
employee may also be covered by health benefit coverage, upon proper application and acceptance.
The cost of dependent coverage of the medical 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. The
parties to this Agreement agree to work with the City Insurance Committee to keep the overall cost of
future premium increases to a minimum.
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Section 2- Eve Care
The City will provide an eye care plan. The City shall pay 100% of the premium for the employee and
his/her dependent coverage.
Section 3- Life Insurance
The first day of the month following date of hire, an employee, upon proper application and
acceptance by the insurance carrier, shall be covered under a group life insurance plan for the
amount of one and one-half (1-1/2)times base annual salary.
Section 4- LonQ-term Disabilitv 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 as determined by the insurer.
The benefit provided under this coverage will be 66-2/3% of the employee's base salary. The
insurance carrier is responsible for acceptance of the claim and 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 first use sick leave then other accrued leave to supplement coverage under this
benefit up to, but not in excess of, 100%of his/her regular rate of pay.
Section 5 - Flexible Benefits Proqram
The City will maintain a Flexible Benefits Program during the term of this Agreement in accordance
with applicable IRS statutes and the Affordable Health Care for America Act (AHCAA) in order to
provide employees the greatest possible tax benefit.
Section 6- Deferred Compensation
A. 457 Plan
The City will provide a dollar-for-dollar match for the first five hundred dollars ($500) an
employee contributes to the 457 deferred compensation plan each fiscal year.
B. 401(a) Plan
The City will provide a 401(a) Deferred Compensation Plan. One of the City's purposes in
providing this benefit is to help employees pay for medical costs when they retire. The City will
contribute $38 per employee per biweekly pay period to the 401(a) plan. Employees shall be
entitled to receive credits for their accounts only after the completion of a full pay period. Only
full-time employees shall be eligible for this benefit after the completion of one year of service.
Employees hired on or before June 30, 2004, shall have a one-year vesting period for the
401(a) plan. For those hired on or after July 1, 2004, the vesting schedule will be as follows:
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From date of hire until second anniversary—0%of accumulated value
Second anniversary of employment—20%of the accumulated value
Third anniversary of employment—40% of the accumulated value
Fourth anniversary of employment—60%of the accumulated value
Fifth anniversary of employment—80%of the accumulated value
Sixth anniversary of employment— 100%of the accumulated value
Section 7— Retirement Health Savinqs Plan
The City and Bargaining Unit agree to establish a joint committee with up to three (3) Bargaining Unit
Representatives to evaluate the implementation of a Retirement Health Savings Plan (RHSP) for the
Bargaining Unit. This committee will work toward developing a RHSP recommendation to provide
employees with a mechanism to save for retirement health care costs and encourage prudent sick
leave usage. The goal is to complete the evaluation and consider implementation of a RHSP by
January 2014.
Article 9. Special Pav
Section 1 - Tuition Reimbursement
A. The actual cost paid for tuition, books and required technical supplies and equipment, to a
maximum of$1,500 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 rating on his/her last performance
report;
2. The subject matter of the course relates directly to and contributes toward the performance
of the employee's position with the City;
3. The employee submits a Request for Tuition Reimbursement form to the department
Director and Human Resources within three (3) weeks after the beginning of the course.
The form shall be accompanied by a description of the course provided by the education
institution (e.g., course catalog description), which describes the course content; and
4. Before receiving reimbursement the employee shall furnish proof of payment and evidence
that he/she has completed the course with:
a. 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, or
b. a "pass" or "credit" for those classes where a pass/fail or credit/no credit grading
system is used.
B. Regular City employees may also request reimbursement for actual cost paid for tuition, books
and required technical supplies and equipment, to a maximum of $1,500 per fiscal year per
employee, for courses that result in the issuance of Continuing Education Units (CEUs) or
Continuing Education contact hours required for certification renewal, so long as:
1. The employee has received at least a satisfactory rating on his/her last perFormance
report;
2. The subject matter of the course relates directly to and contributes toward the performance
of the employee's position with the City;
3. The employee submits the Request for Tuition Reimbursement to the department Director
and Human Resources rq ior to the course. The employee shall include with the Request a
description of the course from the provider offering the course, demonstrating that the
course is acceptable for continuing education contact hours. Failure to obtain preapproval
risks that the course is deemed ineligible and the employee cannot be reimbursed; and
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4. Prior to receiving reimbursement, the employee shall furnish proof of payment, evidence
that he/she has completed the course, and verification or proof that all eligible CEUs or
contact hours were earned and awarded for the course.
Section 2 - Uniforms and Equipment
The City will provide and maintain all uniforms that are required by the City for Community Services
lake/park and recreation employees, and Public Works employees as follows:
A. Safety Shoes
Safety shoes shall be worn by employees as required by the City. The department will establish
and furnish to the Human Resources Manager a list of classifications required to wear safety
shoes. The list will be updated by January 1 of each year and on an as needed basis, with the
concurrence of the Union.
Employees shall be provided reimbursement for safety shoes and/or inserts, laces, toe-
protectors or resoling of safety shoes up to $170 each fiscal year, on an as-needed basis as
determined by the division manager. Employees may purchase more than one pair of safety
shoes each fiscal year, as needed, within the annual $170 maximum.
In order to receive reimbursement, the employee must submit original receipts as proof of
purchase to their department for approval. Reimbursement will be made through accounts
payable. All other safety clothing required in the performance of duties shall be furnished by the
City.
B. Uniforms- General �
The City will provide eleven (11) sets of uniforms for those employees required to wear
uniforms, except Community Services employees. City-provided uniforms shall mean any
combination of pants or shorts and uniformed shirts or tee shirts totaling 11 sets. One set of
City-provided uniforms shall mean one (1) pair of pants or shorts, and one (1) uniformed shirt or
tee shirt.
Employees may elect to wear City-approved summer attire. The department Director shall
determine the type and standards of maintenance for summer attire.
City will replace tee shirts on a one-for-one basis as needed and determined by the appropriate
division manager.
City shall determine maintenance standards for uniforms and equipment. Employees will be
required to maintain these standards.
C. Uniforms—Community Services Employees
The City will provide eleven (11) shirts and one (1) jacket for Community Services employees
who work five (5) days per week, and seven (7) shirts and one (1) jacket for employees who
work three (3) days per week, for those employees required to wear uniforms. Employees may
elect to wear City approved shorts during the summer. All summer attire must be City approved.
Community Services shall provide all employees with new uniform shirts, which shall be
replaced on an as-needed basis. It is the employee's responsibility to replace lost or stolen
jackets. The City will replace worn-out jackets.
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D. Uniforms - Park Rangers
Full-time Park Rangers and the Recreation Coordinator assigned to interpretive services will receive a
$450 uniform allowance each fiscal year for the purchase of approved uniforms. Regular part-time
employees in these classifications will receive a $300 uniform allowance each fiscal year for the
purchase of approved uniforms. The allowance will be paid in the last payday of each July. These
amounts are in addition to the safety shoe reimbursement provided under this MOU. Maintenance
standards for uniforms and equipment shall be determined by City. Emptoyees will be required to
maintain these standards. In addition to the uniform allowance, City will provide nametags, patches,
and badges as required for these classifications.
E. Jackets
Public Works employees generally assigned to fieldwork shall receive one (1)jacket per fiscal year on
an as needed basis as determined by the division manager.
F. Uniform allowance as defined by the California Public Employees Retirement System
(CaIPERS) is a form of "compensation" for "classic" CaIPERS members for CaIPERS purposes only.
As such, any uniform allowance or the value of uniforms provided by the City will be reported to
CaIPERS as part of the employee's annual gross income for purposes of computing the employee's
and City's CaIPERS contribution. Under the California Public Employees' Pension Reform Act
(PEPRA), a uniform allowance or the value of uniforms is not considered pensionable compensation
for"new members" of CaIPERS.
Section 3- Meal Allowance
In the event an employee is required to work in excess of twelve (12) consecutive hours, the City shall
reimburse the cost of a meal in an amount not to exceed $12, if a meal is not otherwise provided. For
purposes of determining consecutive hours worked, meal and rest periods will be considered hours
worked.
Section 4-Travel Exoenses
A. Prior approval of the department Director and final approval of the City Manager shall be
required prior to reimbursement for travel expenses.
B. Employees using their own vehicle on approved City business travel will be reimbursed at the
approved IRS reimbursement rate.
C. Employees on approved official business away from the City will be reimbursed for actual and
necessary expenses incurred in accordance with the City's Travel and Meeting Reimbursement
policy.
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.
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Section 5 - On-Call Time
A. Field Forces
1. The Director of Public Works will establish an ad-hoc committee to develop an updated On-
Call procedure. The committee will include up to three (3) Bargaining Unit Representatives.
2. The City shall maintain a list of eligible Public Works field personnel who have agreed to
stand by for callback (Standby) as required.
3. The call-out list shall consist of qualified employees as determined by the Director of Public
Works.
4. Each employee shall be paid $350 for each seven-day Standby period served.
5. The Standby employee will receive an additional $100 for each City Designated Holiday (as
defined in Article 6, Section 3 of this MOU) that falls within the Standby period for which they
stand by for callback. This additionat compensation shall be awarded for the Designated
Holiday, not the day observed, for those holidays falling on a Saturday or Sunday.
6. In the event a City Designated Holiday falls on the last day of a Standby period (e.g.,
Standby period ends on a Wednesday which is a City Designated Holiday), the employee
will remain on Standby until the following day and shall be compensated an additional $50
(1/7�'of pay for full Standby period)for the additional day of Standby.
7. Substitution by another member of the Standby duty list is allowed if the scheduled Standby
employee cannot respond because of special circumstances. In the event of a substitution
for Standby duty, the substituting employee must perform Standby for a minimum of one 24-
hour period. The substituting employee will be compensated $50 for each day served. The
total amount paid to the substituting employee(s) will be offset against and reduce the
Standby compensation paid to the regular Standby employee.
8. List members shall meet the following qualifications:
a. Must reside within a community that allows a reasonable response time to an
emergency, as determined by the Director of Public Works.
b. Must be approved by the appropriate division manager with the concurrence of the
department Director.
9. The Standby person will be on call from the end of the scheduled work day to the scheduled
start of the next workday. During weekends, from the end of the workweek to the beginning
of the next work day, and the 24 hours of a City Designated Holiday.
10. A two-hour minimum will be paid for each call-out.
a. Time starts for the call-out when the Standby person receives the call from the
Filtration Plant.
b. Time stops and call-out is complete when the Standby person notifies the Filtration
Plant that the call is completed.
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c. An employee who is contacted while serving a call-out (as defined above) and is
called to another site for additional duties shall not be compensated for a second or
subsequent call-out for this assignment. However, if the employee has left the work
site, or sites, 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 will be paid at one and one-half (1-1/2)times the
hourly rate of pay.
e. Sunday and holiday catl-out time will be paid at double the hourly rate of pay.
Holidays will be rotated equally among those persons on the list inasmuch as
possible.
f. When in a Standby status and required to respond to a trouble call through telephone
action, Standby personnel will be compensated for telephone time in 15-minute
increments on an overtime basis.
11. It is agreed that the On-Call procedure is subject to revision by the Director of Public Works,
following consultation with representatives of the Bargaining Unit. It is understood that this
Section does not allow for a reduction in Standby compensation.
B. Operational Conditions
1. The Standby person will carry a City cell phone when away from his/her listed contact
phone number.
2. The Standby person cannot engage in any activity that would impair judgment or prohibit a
response while on Standby.
3. Calls to the Standby person will be placed by the Treatment Plant Operator.
a. Treatment Plant Operator will screen calls to determine need to contact Standby
person.
b. Upon being contacted by the Treatment Plant Operator, the Standby person is
responsible to determine the course of action.
c. Should the Standby person fail to respond to a call, (s)he forfeits Standby pay for that
day.
d. The Treatment Plant Operator stands by to assist, when possible, in contacting
additional employees when needed.
e. Should the Standby person need assistance, the Treatment Plant Operator will first
attempt to call list members progressively. When the assistance requires specialized
personnel who are better qualified to perform a specific task, the Treatment Plant
Operator may call back the first person(s) from the list qualified to perform the specific
task.
f. Upon call completion, the Standby person will advise the Treatment Plant Operator of
the action taken so that it can be properly logged.
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4. During a serious emergency, such as a water main break, the Standby person will stand by
to assist the crew in making repairs, but will remain flexible in case of other call-outs during
this time.
5. Employees who are assigned Standby duty may request the use of a City truck, subject to
department Director approval. 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. Further, the employee must ensure any
personal use is consistent with City policy.
C. Filtration Plant
1. The City shall maintain a tist of eligible Public Works personnel who have agreed to stand by
for callback as required.
2. The call-out list shall consist of qualified employees as determined by the Director of Public
Works.
3. Each employee shall be paid $350 for each seven-day Standby period.
4. The Standby employee will receive an additional $100 for each City Designated Holiday (as
defined in Article 6, Section 3 of this MOU) that falls within the Standby period for which they
stand by for callback. This additional compensation shall be awarded for the Designated
Holiday, not the day observed, for those holidays falling on a Saturday or Sunday.
5. In the event a City Designated Holiday falls on the last day of a Standby period (e.g.,
Standby period ends on a Wednesday which is a Designated Holiday), the employee will
remain on Standby until the following day and shall be compensated an additional $50 (1/7tn
of pay for full Standby period)for the additional day of Standby.
6. Substitution by another member of the Standby duty list is allowed if the scheduled Standby
employee cannot respond because of special circumstances. In the event of a substitution
for Standby duty, the substituting employee must perform Standby for a minimum of one 24-
hour period. The substituting employee will be compensated $50 for each day served. The
total amount paid to the substituting employee(s) will be offset against and reduce the
Standby compensation paid to the regular Standby employee.
7. List members shall meet the following qual'rfications:
a. Must reside within a community that allows a reasonable response time to an
emergency, as determined by the Director of Public Works.
b. Must be rated as a Utility Systems Mechanic, Utility Systems Technician, or Senior
Utilities Systems Technician, and approved by the appropriate division manager with
the concurrence of the department Director. Once an employee leaves a position in
these class series, all rights to on-call time are forfeited.
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8. The Standby roster will be scheduled as follows with the participation of list members:
a. Scheduled quarterly with the Director of Public Works or designee.
b. Order of names to be maintained �s consistent as practical.
c. Names to be rotated progressively up the list weekly from the bottom positioning on
up to the top Position 1.
d. The member in Position 1 will be the Standby person on call.
e. List members may substitute positions temporarily among themselves to allow for
special circumstances as stated in this section.
9. The Standby person will be on call from the end of the scheduled workday to the scheduled
start of the next work day. During weekends from the end of the workweek to the beginning
of the next workday, and the 24 hours of a City Designated holiday.
10. Employees who are assigned Standby duty may request the use of a City truck, subject to
department Director approval. 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. Further, the employee must ensure any
personal use is consistent with City policy.
11. A two-hour minimum will be paid for each call-out.
a. Time starts for the call-out when the Standby person receives the call from the
Filtration Plant.
b. Time stops and call-out is complete when the Standby person notifies the Filtration
Plant that the call is completed.
c. An employee who is contacted while serving a call-out (as defined above) and is
called to another site for additional duties shall not be compensated for a second or
subsequent call-out for this assignment. However, if the employee has left the work
site, or sites, 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 will be paid at one and one-half (1-1/2) times the
hourly rate of pay.
i. Sunday and holiday call-out time will be paid at double the hourly rate of pay.
Holidays will be rotated equally among those persons on the list inasmuch as
possible.
ii. When in a Standby status and required to respond to a trouble call through
telephone action, Standby personnel will be compensated for telephone time in
15-minute increments on an overtime basis.
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12. It is agreed that the On-Call procedure is subject to revision by the Director of Public
Works, following consultation with representatives of the Union. It is understood that this
Section does not allow for a reduction in Standby compensation.
D. Operational Conditions.
1. The Standby person will carry a City cell phone when away from his/her listed contact
phone number.
2. Calls to the Standby person will be placed by the Treatment Plant Operator.
a. Treatment Plant Operator will screen calls to determine need to contact Standby
person.
b. Upon being contacted by the Treatment Plant Operator, the Standby person is
responsible to determine the course of action.
c. Should the Standby person fail to respond to a call, (s)he forfeits Standby pay for
that day.
d. The Treatment Plant Operator stands by to assist, when possible, in contacting
additional employees when needed.
e. Should the Standby person need assistance, the Treatment Plant Operator will first
attempt to call list members progressively. When the assistance requires specialized
personnel who are better qual'rfied to perform a spec'rfic task, the Treatment Plant
Operator may call back the first person(s) from the list qualified to perform the
specific task.
f. Upon call completion, the Standby person will advise the Treatment Plant Operator of
the action taken so that it can be properly logged.
Section 6- Shift Differential
A. Filtration Plant Employees
Filtration Plant employees required to work the afternoon and evening shift (3:00 p.m. to 11:00
p.m.) and the night shift (11:00 p.m. to 7:00 a.m.) shall be entitled to receive shift differential pay
of 7.5% in addition to their regular rate of pay. Filtration Plant employees assigned to work the
forty-eight (48) hour weekend shift shall receive shift differential while working from 3:00 p.m. to
11:00 p.m. on Saturday and Sunday and while working from 11:00 p.m. to 7:00 a.m. on
Saturday night and Sunday night.
6. Public Works Employees
Public Works employees in the Park Maintenance Worker classification who are assigned a
work schedule beginning at or after 11:30 a.m. which requires them to work a shift that ends
between the hours of 3:30 p.m. and 5:00 a.m. shall be entitled to shift differential pay of
$0.70/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 these hours, the
employee will be paid shift differential only for the hours actually worked.
Public Works employees who are required to work an evening schedule outside of their normal
work schedule shall receive shift differential pay of$0.70 per hour only when the employee does
not qualify to receive overtime for working during the normal work schedule on the following day.
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C. Community Services Employees
Community Services employees in the Park Ranger and Senior pock Attendant classifications
who are assigned a work schedule beginning at or after 11:30 a.m. which requires them to work
a shift that ends befinreen 3:30 p.m. and 5:00 a.m. shall be entitled to shift differential pay of
$0.70/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 these hours, the
employee will be paid shift differential only for the hours actually worked.
D. General
Employees scheduled to work during the general office hours of 7:30 a.m. to 5:30 p.m. will not
receive shift differential pay for hours worked between 3:30 p.m. and 5:30 p.m.
Section 7- Callback 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.
Employees who respond to an after-hours trouble call through telephone action will be compensated
for telephone time in 15-minute increments.
Section 8- HVAC Certification Pav
Employee(s) in the classifications of Facilities Technician and/or Facilities Maintenance Crew Leader
may be assigned to perform HVAC-related duties, subject to certification in TAC Vista Operations.
Employee(s) assigned to the HVAC-related duties and who receive the TAC Vista Operations
certification shall receive a salary differential of 10%above their salary range and step.
The number of positions selected for this assignment shall be at the sole discretion of the Director of
Public Works, subject to City Manager approval, in accordance with the needs of the City.
Article 10. Service
Section 1 - 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/she has been
promoted shall be reinstated to a position in the class from which he/she was promoted unless he/she
is discharged for cause from the City.
A supervisor may, with concurrence of the department Director, require an extension of an initial
probationary period, upon a less than satisfactory performance evaluation.
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On recommendation of his/her supervisor and with the concurrence of the department Director, a non-
probationary employee may be placed on special probation. An employee placed on special
probation has the right of direct appeal to the City Manager. If the employee intends to appeal,
he/she must inform the City Manager of that intention within ten (10) calendar days from the date the
employee is placed on special probation.
Section 2- Safetv
The unit adopts the following by reference:
A. The City has a Central Safety Committee with representatives from all units.
B. The City has an Injury& Illness Prevention Policy(IIPP).
C. The City and all employees shall comply with any applicable Federal and State laws.
D. The City and all employees shall comply with any policy and/or procedure that may from time to
_ time be promulgated by the City Manager.
Section 3 - Temporarv Assianment to a Hiqher Level Vacancv
A. Out-of-Class Assignment
An out-of-class assignment is a temporary assignment of a regular employee to an authorized
classification at a higher level of pay that requires the emptoyee to perform the full range of
duties of the higher classification. Employees who perform the full range of duties of a higher
level position for eighty (80) or more consecutive working hours, in which there is no appointed
incumbent or in which the incumbent is on paid or unpaid leave, shall be compensated at the A
step rate of pay for the higher level position. Payment shall be retroactive to the first day of such
services. The full range of duties of the higher-level position shall be specifically assigned in
writing via the Out-of-Class Assignment form and signed by the department Director or his/her
designee. Under no circumstances shall the rate of compensation be less than five percent
(5%) above the employee's current rate of pay.
Once the initial out-of-class terminates, the eighty (80) hour consecutive work hour elimination
period will be waived for any additional out-of-class assignments that occur within the calendar
year, provided that the employee is working in the same out-of-class classification regardless of
work area assignment.
Service in an out-of-class assignment shall not alter an employee's performance evaluation
date.
B. Special Pays and Allowances during Temporary Assignment
An employee will continue to receive special pays and allowances provided under the
employee's regular permanent assignment during any temporary assignment.
C. Consecutive Hours Worked
For purposes of determining the period of eighty (80) consecutive work hours, paid holidays,
vacation, and sick leave will apply toward hours worked.
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D. Conclusion of Assignment
At the conclusion of such an assignment, the employee shall be restored to his/her former
classification regardless of the time involved.
E. Nature of Assignment
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 the
assignment.
Section 4- 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 a 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.
Section 5- 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 6- Reassianment
If a reassignment within the unit would result in an employee being reassigned to a class having a
higher salary range,the City will fill the position through a recruitment process.
Section 7- Lavoff and Reemalovment
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. The City agrees to meet with the Union 30 days
prior to the issuance of any layoff notice for the purpose of conferring over the impact and
implementation of said layoff and to discuss alternatives and options. However, the City Manager
shall retain the final decision with respect to the classification and numbers of employees to be laid
off.
Whenever it becomes necessary to reduce the number of employees in any classification, all persons
to be laid off shall be given at least ten (10) calendar days prior notice, and the order of layoff shall be
as follows:
A. In order of seniority, the employee with the shortest service in total City service in the affected
classification shall be laid off first.
B. In the event of two (2) or more employees having identical total City service seniority, the order
of layoff will be determined by length of continuous service in the affected classification.
C. Whenever two (2) or more employees have identical service in the affected classification, the
order of layoff shall be determined by the City Manager on the basis of performance.
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D. Employees to be laid off in a particular classification have the right to demote to a lower
classification to a position previously held with the City for which the employee meets the
minimum qualifications, is capable of pertorming the essential functions of the position, and has
City seniority over other employees in the lower classification. This will also apply to employees
to be laid off in a particular classification who have demoted from a higher classification due to
non-disciplinary reasons. Such employees shall be placed on the seniority list for the higher
classification provided they still meet the minimum qualifications, are capable of performing the
essential functions of the position, and have City seniority over other employees in the higher
classification.
E. The name of each laid-off employee shall be placed on a reemployment list for a period of
twelve (12) months in reverse order of layoff. Employees who are laid off who have received
two out of three consecutive annual performance evatuations that are rated below standards or
needs improvement will be placed at the bottom of the reemployment list in reverse order of
layoff.
F. For the purpose of this section, this additional condition will apply. Those employees who held
the title of Construction Maintenance Worker I, II, or Lead Construction Maintenance Worker
before July 1, 2001, shall be entitled to utilize the bumping rights in this section for the following
classifications:
Water Utilities Worker I, II, and Water Utilities Crew Leader; and
Wastewater Utilities Worker I, II, and Wastewater Utilities Crew Leader.
In order to qualify to utilize these bumping rights, an eligible employee must possess the
appropriate certification(s) required for the classification, be able to demonstrate a satisfactory
skill level for the classification, and be able to perform the essential functions of the job. The
Human Resources Manager shall determine if the employee meets these requirements.
Section 8- Resiqnations
An employee wishing to resign in good standing shall file a written resignation with the department
Director stating the effective date and reasons for resignation at least two weeks prior to the effective
date of resignation.
The City will pay an employee for all hours worked on the next regular payday after resignation, 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 consideration for rehire if
a position is available and the employee has participated in the position's recruitment process.
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.
An employee with at least 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 othenwise entitled as if there had been
no break in service.
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Article 11. Grievance
Section 1 - Puroose
A. To promote improved employer-employee relationships by establishing procedures for appealing
management actions.
B. To afford employees individually or through the Bargaining Unit 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 - Scoqe
A grievance shall be considered as any matter for which appeal is not elsewhere provided for or
prohibited, concerning:
A. 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.
C. A decision affecting the employment of any permanent or probationary employee over which the
department Director has partial or complete jurisdiction.
Section 3- Procedure
A. Informal Grievance Procedure
An employee who has a problem or complaint should first try to get it settled through discussion
with his/her 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/she 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
1. First Level of Review: A grievance shall be presented in writing to the employee's
immediate supenrisor, who shall render a decision 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/her supenrisor's decision, or if no answer has been received within
five (5) days, the employee may present the appeal in writing to his/her department
Director.
2. Second Level of Review: The department Director receiving the grievance, or his/her
designated representative, should discuss the grievance with the employee, his/her
representative, if any, and with other appropriate persons. The department Director shall
render his/her 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/she may present the
appeal in writing to the City Manager.
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3. Third Level of Review: The City Manager receiving the grievance, or his/her designated
representative, should discuss the grievance with the employee, his/her representative, if
any, and with other appropriate persons. The City Manager may designate any person or
persons to advise him/her concerning the appeal. The City Manager shall render his/her
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 'rf no answer has been received within fifteen (15) working days, he/she may
present the appeal in writing to the City Council.
4. 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.
B. The time limits specified in this procedure may be extended at any level of review to a definite
date by mutual agreement of the employee and the reviewer concerned.
C. The employee may request the assistance of another person of his/her own choosing in
preparing and presenting his/her appeal at any level of review.
D. The employee and his/her representative may be privileged to use a reasonable amount of work
time as determined by the City Manager in conferring about and presenting the appeal.
E. Failure of the employee to take further action within the specified time limits at each level of
review, or within five (5) days if no decision is rendered, shall constitute withdrawal of the
grievance.
F. Employees shall be assured freedom from reprisal for using the grievance procedure.
Article 12. Retirement and Social Securitv
The City will provide retirement benefits through the California Public Employees' Retirement System
(CaIPERS). The City does not participate in the Social Security System, except as required by law.
The use of the terms "classic member" and "new member" shall be as defined in the California Public
Employees' Pension Reform Act of 2013 (PEPRA) and those rules and regulations adopted by
CaIPERS to implement PEPRA.
"Classic members" are those members who entered into membership with a retirement system on or
before December 31, 2012 who do not meet the definition of "new member" in Government Code
section 7522.04(f).
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A "new member" is defined in Government Code section 7522.04(f) as any of the following:
1. An individual who becomes a member of any public retirement system for the first time
on or after January 1, 2013, and who was not a member of any other public retirement
system prior to that date; or
2. An individual who becomes a member of a public retirement system for the first time
on or after January 1, 2013, and who was a member of another public retirement
system prior to that date, but who was not subject to reciprocity under subdivision (c)
of Govt. Code 7522.02; or
3. An individual who was an active member in a retirement system and who, after a
break in service of more than six (6) months, returned to active membership in that
system with a new employer.
For those emalovees hired on or before December 31. 2011 and considered "classic members"
as defined above:
Effective pay period beginning July 11, 2011, each employee in this unit will contribute seven percent
(7%) of his/her PERSable salary (excluding overtime) on a pre-tax basis towards the "member
contribution" portion of their CaIPERS retirement account.
The City will provide under its contract with CaIPERS the following provisions:
1. The Indexed Level 1959 Survivors Benefits;
2. The retirement benefit of 2%-at-55 formula; and
3. The One Year Final Compensation option.
Upon retirement from the City of Poway following at least 20 years of service, the City also provides a
supplemental PARS administered benefit applied to Poway and all prior CaIPERS service with
previous public agencies. When combined with CaIPERS, this is the equivalent of the 2.7% � 55 ,
formula total retirement benefit.
For emalovees hired after December 31, 2011 and considered "classic members" as defined
above•
The City amended its contract with CaIPERS to create a second-tier retirement plan effective January
1, 2012. The second-tier will apply to those employees hired after December 31, 2011 and
considered "classic members." The second-tier provides:
1. The retirement benefit of 2%-at-60 formula;
2. The Indexed Level 1959 Survivors Benefits; and
3. Average of three highest years' compensation.
An employee in the second-tier will contribute seven percent (7%) of his/her PERSable salary
(excluding overtime) on a pretax basis towards the "member contribution" portion of their CaIPERS
retirement account.
Regular full-time employees hired after December 31, 2011 are not eligible for a supplemental PARS
benefit.
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For emalovees hired on or after Januarv 1, 2013 and considered "new members" as defined
above:
City will provide under its contract with CaIPERS:
1. The retirement benefit of 2%-at-62 formula; and
2. Average of three highest years' compensation.
Effective with the pay period including July 1, 2013, employees considered "new members" shall pay
50% of the "normal cosY' (as determined by CaIPERS annually). Currently, 50% of the "normal cost"
is six and one-quarter percent(6.25%), which the "new member� employee will contribute on a pre-tax
basis.
Article 13. Personnel Rules
All other employee rights, privileges, and benefits are included in the Personnel Rules of the City of
Poway.
Article 14. Job Actions
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 15. Americans with Disabilities Act Amended
The City and the bargaining unit agree that they are subject to and must conform to the Americans
with Disabilities Act Amended (ADAA).
Article 16. Postinq of Aqreement
A copy of this Agreement will be posted on the City's intranet and internet for employee access. The
Agreement will be provided to new hires at the Human Resources orientation.
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PART II. PART-TIME EMPLOYEES
Article 1. General
Section 1 - Pur�ose
Part II of this Agreement recognizes the Bargaining Unit Representatives as the majority
representative of all part-time, regular, non-management and non-confidentiat employees of the City,
excluding the safety personnel, and represents the unit for the matters within the scope of ineet and
confer, and the Bargaining Unit Representatives accept the duty of fair representation in meet and
confer and under this Agreement.
All Sections (1 through 3) of Part I of this Agreement shall apply to all regular part-time employees.
Article 2. Severabilitv and Savinqs
All of Article 2, Part I, of this Agreement shall apply to all regular part-time employees.
Article 3. Svmaathv Action
All of Article 3, Part I, of this Agreement shall apply to all regular part-time employees.
Article 4. Duration of Aareement
This entire Agreement shall commence at 12:00 a.m. on July 1, 2013 and terminate at 11:59 p.m. on
June 30, 2015.
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, provided, however, that it has been agreed that the new agreement will
be retroactive to the expiration of this Agreement.
Article 5. Waqes
Wages shall increase by finro percent (2%) effective the beginning of the pay period which includes
July 1, 2013.
Wages shall increase by finro percent (2%) effective the beginning of the pay period which includes
July 1, 2014.
The position classifications are established at the salary ranges indicated in Part I, Article 5 of this
Agreement.
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Article 6. Leaves
Section 1 - Vacation
A. Computing Annual Vacation Leave
Part-time employees in the unit shall be eligible to receive vacation leave accrual after two years
of employment.
Annual vacation leave shall be computed in accordance with the following schedule.
Years of Continuous
Emqlovment Vacation Leave Credits
2 through 5 years 48 hours per year or 1.846 hours per pay period for 26 pay periods.
After 5 years 60 hours per year or 2.308 hours per pay period for 26 pay periods.
After 10 years 72 hours per year or 2.769 hours per pay period for 26 pay periods.
After 15 years 84 hours per year or 3.231 hours per pay period for 26 pay periods.
B. Vacation Leave Accrual
Vacation time can be accumulated to a maximum of 150% of one year's eligibility. When an
employee's vacation leave accrual reaches the maximum tevel, the employee will stop accruing
additional vacation leave until such time as the employee uses vacation leave below the
maximum level. At that time, the employee will begin accruing additional leave from that point
forward.
Employees who have reached maximum accrual can request a review by their department
Director in the event a vacation request is denied. The department Director shall be the final
level of appeal. The Director shall not unreasonably withhold approval.
C. Use of Vacation Time
The times at which an employee may take vacation shall be determined by the department
Director 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 holidays shall not be
charged as vacation leave, and the vacation leave shall be extended accordingly.
An employee may elect to use accrued vacation for scheduled medical or dental appointments,
evaluations, treatments, or associated activities.
D. Payout of Vacation Leave
Employees who terminate employment shall be paid in a lump sum for all accrued vacation
leave earned prior to the effective date of termination.
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Section 2- Sick Leave
A. Sick Leave Use
Sick leave shall not be considered a right but shall be allowed only in case of necessity and
actual personal sickness or disability. Sick leave may be used for illness, injuries, dental and
medical evaluations or treatment or other related activities. If an employee's sick leave balance
is exhausted, other paid leave (e.g. vacation, comp time, etc.) will be used.
B. Sick Leave Accrual
Sick leave with pay may be granted to all regular employees within this unit who are employed in
regular part-time positions after two years of employment.
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 established 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.
Accumulation of sick leave shall be unlimited.
C. Not'rfication
In order to receive compensation while absent on sick leave, the employee shall provide
notification to his/her department in the manner established by the department Director prior to
or within finro (2) hours after the time set for the beginning of his/her work shift.
An employee who is required to open facilities for the public or who is required to arrive to work
and relieve another single employee on duty shall call in within one hour priOr to the beginning of
the work shift.
Absent extenuating circumstances, failure to fulfill notification requirements will cause such time
off to be considered leave of absence without pay.
Certification by the employee's physician may be required in order to receive compensation for
sick leave over three (3) working days at one time if an abuse of sick leave is suspected or if an
unusual pattern of use has been documented and the employee has been formally counseled
regarding the pattern. This requirement is at the discretion of the department Director with
approval from the Administrative Senrices Director.
In the event an employee does not have a sufficient amount of accumulated sick leave to
receive full compensation while absent due to illness, other accumulated leaves must be used
before the employee goes to a leave without pay status. Leave without pay may only be granted
with the approval of the City Manager.
D. Worker's Compensation Illness or Injury
Sick leave shall be used for on-duty hours used for medical evaluations, treatments, or other
medical related activities associated with a worker's compensation illness or injury. If the
employee's sick leave balance is exhausted, another paid leave (e.g., vacation, comp time, etc.)
will be used in its place.
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E. Family Sick Leave
In the event of illness in the immediate family, an employee may use accrued sick leave not to
exceed 24 hours in each fiscal year. Immediate family shall be designated as mother, father,
spouse, domestic partner sister, brother, and children. Employee must notify supervisor in
advance if possible when such leave is being taken and so note in the Comments section of
his/her time card and Leave Request, 'rf done in advance. An employee cannot use personal
sick leave in place of Family Sick Leave and must use other accrued leave when Family Sick
Leave is exhausted.
F. Payout of Sick Leave
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:
1. 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
the payout will not exceed $2,000.
2. Upon leaving the City employment for reasons 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 the payout will not exceed $1,000.
3. Upon the death of the employee, compensation for unused sick leave shall be at the same
rate as the retirement benefit. Payment shall be made to the employee's designated
beneficiary.
Section 3- Holidavs
A. Designated Holidays
The holidays for employees in this unit are as follows:
New Year's Day January 1
Martin Luther King Day 3rd Monday- January
President's Day 3rd Monday- February
Memorial Day Last Monday- May
Independence Day July 4
Labor Day 1st Monday- September
Veterans' Day November 11
Thanksgiving Day 4th Thursday- November
Day after Thanksgiving 4th Friday- November
Christmas Day December 25
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 considered as the legal
holiday.
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B. Holiday Pay
Part-time employees shall receive regular pay for hours worked on a Designated Holiday.
Part-time employees will be eligible to receive holiday pay after two years of employment. To be
eligible for holiday pay, an employee must be in paid status in the pay period that includes the
Holiday.
Part-time employees shall receive four (4) hours holiday pay, whether on or off duty, on the ten
Designated Holidays listed above.
Section 4- Bereavement Leave
In the event of a death in the family, regular and probationary employees shall be eligible for a pro-
rated amount of time off with pay (e.g., 20 hours for half-time employees and 30 hours for three-
quarter time employees) to attend the funeral, or make funeral arrangements, subject to the following
provisions:
A. The relatives designated shall include father, mother, wife, husband, brother, sister, daughter,
son, grandparents, grandson, granddaughter, and brothers and sisters having one parent in
common. It shall also include "in-law" relatives 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 bereavement
leave for a person who has been living with the employee in the same capacity of a spouse,
provided, however, the employee has previously notified the Human Resources office, in writing,
of the individual's name.
B. Pay for compensable bereavement leave shall be in the same amount as pay for sick leave for
the same period.
C. Bereavement leave is not compensable when the employee is on leave of absence, vacation,
bona fide lay off, or for days falling outside the employee's regular work period.
D. It is not chargeable against sick leave.
E. All requests for paid bereavement leave shall be made in writing as soon as practical but in no
event later than the first day back to work, and shall be subject to approval of the Human
Resources Manager or designee.
Section 5 - Jurv Dutv
Employees shall be compensated at the regular rate of pay for serving jury duty during the
employee's scheduled work hours. The duration of jury duty and hours to be compensated shall
be in accordance with City policy and the Personnel Rules.
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Articie 7. Pavroll and Work Week
Section 1 - General
A. Regular Paydays
Regular paydays 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.
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.
B. Community Services Work Schedules
Work schedules for Community Services employees and Public Works employees in the Park
Maintenance Worker classifications will be posted every Monday by 8:00 a.m., seven (7) days
prior to the day the schedule begins the following Monday.
Requests for vacation or compensatory time off must be received in writing by the employee's
supervisor or his/her designee two weeks or fourteen (14) days prior to posting of the employee
schedule. Leave requests will be acknowledged in writing by the department.
Employees may be called in to work other than for scheduled hours due to sick leave,
emergency leave or unavailability of a scheduled employee. Such additional work will be paid at
straight time except as otherwise required in the MOU.
Employees, whose hours are changed as the result of an error or oversight in the posted
schedule, shall receive overtime pay for all hours that fall outside the originally scheduled hours.
An employee's hours cannot be changed once the schedule is posted in order to avoid payment
of additional overtime.
Section 2- Overtime
No employee may work overtime without advance approval. Employees who do not secure prior
approval may be subject to disciplinary action within established guidelines for discipline.
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 workday are
only entitled to receive overtime pay for the hours worked beyond their regularly scheduled workday
or forty (40) hours in one work week. Employees working overtime will continue 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.
For the purpose of computing overtime, hours of paid vacation, sick leave and holidays shall be
considered as hours worked.
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Section 3- Compensatorv Time Off(CTO)
The times at which an employee may take compensatory time shall be determined by the department
Director with due regard for the wishes of the employee and particular regard for the needs of the
City. Compensatory time off, in lieu of overtime, shall be taken as one and one-half (1-1/2) hours for
each overtime hour worked.
The maximum accumulation of compensatory time off shall be 80 hours.
A. In the event an employee accrues 80 hours of compensatory time in any one fiscal year, the
employee wilt be ineligible to work overtime for compensatory time off for the remainder of that
fiscal year. The employee will only be eligible for cash compensation for overtime worked
unless the employee uses CTO and brings the accrued balance below 80 hours.
B. Once an employee uses CTO and brings the balance below 80 hours, the employee may again
accrue CTO hours up to 80 hours.
C. The department Director or designee shall determine the times at which an employee may take
CTO with due regard for the wishes of the employee and particular regard for the needs of the
City.
D. An employee's CTO balance will be cashed out to zero in the final pay period of the fiscal year
at the employee's then rate of pay. Said cash payment may only occur as part of the final pay
period of the fiscal year in which said CTO was accrued.
Section 4- Deductions
A. Dues Deduction
Upon submittal by the Union of a signed copy of an authorization card, the City agrees to deduct
the amount authorized by the employee. The City shall remit the deducted amount to the Union
as soon as possible after the deduction is made.
B. Withdrawal of Dues Deduction
Employees who wish to withdraw their membership from the Union shall do so by filing the
request in writing to the Local Union. The Union will process such a request as soon as possible
after it is received, and will also notify the City promptly to stop the dues deduction.
Article 8. Benefits
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 after two years of employment if working half-time. Those part-time employees working three-
quarter time can elect these benefits after eighteen months of continuous employment.
The first day of the month following the qualifying eligibility date, 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 percent (50%), and the City shall pay fifty percent (50%) of the
health benefit premiums for the employee-only coverage.
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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 percent (75%), and the City will pay twenty-five percent
(25%). The employee's share of the cost will be made through payroll deduction.
Section 2 - Eve Care
The part-time employee may elect to be covered by the City's vision care plan after two years of
employment. The City shall pay fifty percent (50%) of the cost of the premium for the coverage of the
employee and his/her dependents, and the employee shall pay the remaining fifty percent (50%) of
the premium. The employee's share of the cost will be made through payrotl deduction.
Section 3 - Flexible Benefits Proaram
The City will maintain a Flexible Benefits Program in accordance with applicable IRS statutes and the
Affordable Health Care for America Act (AHCAA) in order to provide employees the greatest possible
tax benefits.
Section 4- Retirement and Social Securitv
A. The City provides part-time employees who work less than 1,000 hours per fiscal year
retirement benefits through Public Agency Retirement System (PARS). For employees hired
prior to July 1, 1996, the City pays 50% of the employee's 7.5% contribution into PARS. The
City also pays the administrative fees. Part-time employees hired after July 1, 1996, will pay the
full employee contribution of 7.5%.
B. The City provides part-time employees who work more than 1,000 hours per year retirement
benefits through the California Public Employees' Retirement System (CaIPERS). The City does
not participate in Social Security, except as required by law.
The use of the terms "classic member" and "new member" shall be as defined in the California Public
Employees' Pension Reform Act of 2013 (PEPRA) and those rules and regulations adopted by
CaIPERS to implement PEPRA.
"Classic members" are those members who entered into membership with a retirement system on or
before December 31, 2012 who do not meet the definition of "new member" in Government Code
section 7522.04(f).
A "new member" is defined in Government Code section 7522.04(f) as any of the following:
1. An individual who becomes a member of any public retirement system for the first time
on or after January 1, 2013, and who was not a member of any other public retirement
system prior to that date; or
2. An individual who becomes a member of a public retirement system for the first time
on or after January 1, 2013, and who was a member of another public retirement
system prior to that date, but who was not subject to reciprocity under subdivision (c)
of Govt. Code 7522.02; or
3. An individual who was an active member in a retirement system and who, after a
break in service of more than six (6) months, returned to active membership in that
system with a new employer.
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For those emalovees hired on or before December 31, 2011 and considered "classic members"
as defined above•
Effective pay period beginning July 11, 2011, each employee in this unit will contribute seven percent
(7%) of his/her PERSable salary (excluding overtime) on a pre-tax basis towards the "member
contribution" portion of their CaIPERS retirement account.
The City will provide under its contract with CaIPERS the following provisions:
1. The Indexed Level 1959 Survivors Benefits;
2. The retirement benefit of 2%-at-55 formula; and
3. The One Year Final Compensation option.
For emalovees hired after December 31, 2011 and considered "classic members" as defined
above•
The City amended its contraet with CaIPERS to create a second-tier retirement plan effective January
1, 2012. The second-tier will apply to those employees hired after December 31, 2011 and
considered"classic members." The second-tier shall provide:
1. The retirement benefit of 2%-at-60 formula;
2. The Indexed Level 1959 Survivors Benefits; and
3. Average of three highest years' compensation.
An employee in the second-tier will contribute seven percent (7%) of his/her PERSable salary
(excluding overtime) on a pretax basis towards the "member contribution" portion of their CaIPERS
retirement account.
For emalovees hired on or after Januarv 1, 2013 and considered "new members" as defined
above:
Employees in this group shall receive:
1. The retirement benefit of 2%-at-62 formula; and
2. Average of three highest years' compensation.
Effective with the pay period including July 1, 2013, employees considered "new members" shall pay
50% of the "normal cost" (as determined by CaIPERS annually). Currently, 50% of the "normal cost"
is six and one-quarter percent(6.25%), which the "new member" employee will contribute on a pre-tax
basis.
Section 5 - Deferred Compensation
The City will provide a dollar-for-dollar match for the first five hundred dollars ($500) an employee
contributes to the 457 deferred compensation plan each fiscal year.
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Section 6—Retirement Health Savinps Plan
The City and Bargaining Unit agree to establish a joint committee with up to three (3) Bargaining Unit
Representatives to evaluate the implementation of a Retirement Health Savings Plan (RHSP) for the
Bargaining Unit. This committee will work toward developing a RHSP recommendation to provide
employees with a mechanism to save for retirement health care costs and encourage prudent sick
leave usage. The goal is to complete the evaluation and consider implementation of a RHSP by
January 2014.
Article 9. Sqecial Pav
Section 1 - Tuition Reimbursement
A. Regular part-time employees are eligible for tuition reimbursement after five (5) years of
continuous employment. The actual cost paid for tuition, books and required technical supplies
and equipment, to a maximum of$1,000 per fiscal year per three-quarter time employee and $750
per fiscal year per half-time employee, witl be refunded for professional and technical courses in
accredited educational institutions provided that:
, 1. The employee has received at least a satisfactory proficiency rating on his/her last
performance report;
2. The subject matter of the course relates directly to and contributes toward the performance of
the employee's position with the City;
3. The employee must submit a Request for Tuition Reimbursement form to the department
Director and Human Resources within three (3) weeks after the beginning of thecourse. The
form shall be accompanied by a description of the course provided by the education institution
(e.g, course catalog description) which describes the course content.
4. Before receiving reimbursement, the employee shall furnish proof of payment and evidence
that he/she has completed the course with:
a. 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, or
b. a °pass" or "crediY' will be accepted for undergraduate classes where a passffail or
credit/no credit grading system is used.
B. Regular part-time employees may also request tuition reimbursement for actual cost paid for
tuition, books and required technical supplies and equipment to a maximum of$1,000 per year per
three-quarter time employee and $750 per fiscal year per half-time employee, for courses that
result in Continuing Education Units (CEUs) or Continuing Education contact hours required for
certification renewal, provided that:
1. The employee has received at least a satisfactory proficiency rating on his/her last
performance report;
2. The subject matter of the course relates directly to and contributes toward the performance
of the employee's position with the City;
3. The employee must submit the Request for Tuition Reimbursement to the department
Director and Human Resources rq ior to the course. The employee shall include with the
Request a description of the course from the provider offering the course, demonstrating that
the course is acceptable for continuing education contact hours. Failure to obtain
preapproval risks that the course is deemed ineligible and the employee cannot be
reimbursed; and
39
4. Before receiving reimbursement, the employee shall furnish proof of payment and evidence
that he/she completed the course and verification or proof that all eligible CEUs or contact
hours were earned and awarded for the course.
Section 2- Uniforms and Epuipment
For employees in the Lake Operations, Park and Landscape Maintenance Divisions, and Public
Works, the City will provide uniforms that are required by the City in accordance with the following:
A. Safety Shoes
Safety shoes shall be worn by employees as required by the City. The department will establish
and furnish to the Human Resources Manager a list of classifications required to wear safety
shoes. The list will be updated by January 1 of each year and on an as-needed basis with the
concurrence of the Union.
Employees will be provided reimbursement for safety shoes and/or inserts, laces, toe-protectors
or resoling of safety shoes up to $170 each fiscal year, on as as-needed basis as determined by
the division manager. In order to receive reimbursement, the employee must submit original
receipts as 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. Employees may purchase more than one (1) pair of safety shoes each
fiscal year, as needed, within the annual $170 maximum.
B. Uniforms - General
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. 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 maintaining the summer attire.
The City wilt maintain uniforms provided to Public Works employees, except for tee shirts.
The City shall determine maintenance standards for uniforms and equipment, and employees
must maintain these standards.
C. Uniforms -Community Services
Community Services shall provide all employees with uniform shirts, which shall be replaced on
an as-needed basis. It will be the employee's responsibility to replace lost or stolen jackets.
Worn-out jackets will be replaced by the City.
D. Uniforms - Park Rangers
Regular part-time Park Rangers will receive a $300 uniform allowance each fiscal year for the
purchase of approved uniforms. The allowance will be paid in the last payday of each July.
These amounts are in addition to the safety shoe reimbursement provided under this MOU.
Maintenance standards for uniforms and equipment shall be determined by City. Employees will
be required to maintain these standards. In addition to the uniform allowance, City will provide
nametags, patches, and badges as required for this classification.
40
Uniform allowance as defined by the California Public Employees' Retirement System
(CaIPERS) is a form of "compensation" for "classic" CaIPERS members for CaIPERS purposes
only. As such, any uniform allowance or the value of uniforms provided by the City will be
reported to CaIPERS as part of the employee's annual gross income for purposes of computing
the employee's and City's CaIPERS contribution. Under the California Public Employees'
Pension Reform Act (PEPRA), a uniform allowance or the value of uniforms is not considered
pensionable compensation for"new members"of CaIPERS.
Section 3- Meal Allowance
In the event a part-time employee is required to work in excess of twelve (12) consecutive hours, the
City shall reimburse the cost of a meal in an amount not to exceed $12, unless a meal is otherwise
provided. For purposes of determining consecutive hours worked, meal and rest periods will be
considered hours worked.
Article 10. Service
Section 1 - 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 employment. 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/she has been
promoted shall be reinstated to a position in the class from which he/she was promoted unless he is
discharged for cause from the City.
A supenrisor may, with concurrence of the department Director, require an extension of an initial
probationary period, upon a less than satisfactory performance evaluation.
On recommendation of his/her supervisor and with the concurrence of the department Director, a non-
probationary employee may be placed on special probation. An employee placed on special
probation has the right of direct appeal to the City Manager. If the employee intends to appeal,
he/she must inform the City Manager of that intention within ten (10) calendar days from the date the
employee is placed on special probation.
Section 2 - Safetv
The unit adopts the following by reference:
A. The City has a Central Safety Committee with representatives from all units.
B. The City has an Injury and Illness Prevention Policy (IIPP).
C. The City and all employees shall comply with any applicable Federal and State laws.
D. The City and all employees shall comply with any policy and/or procedure that may from time to
time be promulgated by the City Council.
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Section 3- Out-of-Class Assipnment
A. An out-of-class assignment is a temporary assignment of a regular employee to an authorized
classification at a higher level of pay that requires the employee to perform the full range of
duties of the higher classification. Employees who perForm the full range of duties of a higher
level position for eighty (80) or more consecutive working hours, in which there is no appointed
incumbent or in which the incumbent is on paid or unpaid leave, shall be compensated at the A
step rate of pay for the higher level position. Payment shall be retroactive to the first day of such
services. The full range of duties of the higher-level position shall be specifically assigned in
writing via the Out-of-Class Assignment form and signed by the department Director or his/her
designee. Under no circumstances shall the rate of compensation be less than five percent
(5%) above the employee's current rate of pay.
Once the initial out-of-class terminates, the eighty (80) hour consecutive work hour elimination
period will be waived for any additional out-of-class assignments that occur within the calendar
year, provided that the employee is working in the same out-of-class classification regardless of
work area assignment.
Service in an out-of-class assignment shall not alter an employee's performance evaluation
date.
B. Special Pays and Allowances during Temporary Assignment
An employee will continue to receive special pays and allowances provided under the
employee's regular permanent assignment during any temporary assignment.
C. Consecutive Hours Worked
For purposes of determining the period of eighty (80) consecutive hours, paid holidays, vacation,
and sick leave will apply toward hours worked.
D. Conclusion of Assignment
At the conclusion of such an assignment, the employee shall be restored to his/her former
classification regardless of the time involved.
E. Nature of Assignment
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 the
assignment.
Section 4- 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 5 - Reassianment
If a reassignment within the unit would result in an employee's being reassigned to a class having a
higher salary range, the City will fill the position through a recruitment process.
42
Section 6- Lavoff and Reemplovment
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. The City agrees to meet with the Union 30 days
prior to the issuance of any layoff notice for the purpose of conferring over the impact and
implementation of said layoff and to discuss alternatives and options. However, the City Manager
shall retain the final decision with respect to the classification and numbers to be laid off.
Whenever it becomes necessary to reduce the number of employees in any classification, all persons
to be laid off shall be given at least ten- (10) calendar days prior notice, and the order of layoff shall be
as follows:
A. In order of seniority, the employee with the shortest service in total City service in the affected
classification shall be laid off first.
B. In the event of two (2) or more employees having identical total City senrice seniority, the order
of layoff will be determined by length of continuous service in the affected classification.
C. Whenever two (2) or more employees have identical service in the affected classification, the
order of layoff shall be determined by the City Manager on the basis of performance.
D. Employees to be laid off in a particular classification have the right to demote to a lower
classification to a position previously held with the City for which the employee meets the
minimum qualifications, is capable of performing the essential functions of the position, and has
City seniority over other employees in the lower classification. This will also apply to employees
to be laid off in a particular classification who have demoted from a higher classification due to
non-disciplinary reasons. Such employees shall be placed on the seniority list for the higher
classification provided they still meet the minimum qualifications, are capable of performing the
essential functions of the position, and have City seniority over other employees in the higher
classification.
E. The name of each laid-off employee shall be placed on a reemployment list for a period of
twelve (12) months in reverse order of layoff. Employees who are laid off who have received
two out of three consecutive annual performance evaluations that are rated below standards or
needs improvement will be placed at the bottom of the reemployment list in reverse order of
layoff.
Section 7- Resipnations
An employee wishing to resign in good standing shall file with the department Director a written
resignation stating the effective date and reasons for resignation at least two weeks prior to the
effective date of resignation.
The City will pay an employee for all hours worked on the next regular payday after resignation 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 consideration 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.
43
An employee with the equivalent of at least five (5) years of full-time service who resigns in good
standing and is reemployed within a finro-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.
Article 11. Grievance
Section 1 - Purpose
A. To promote improved employer-employee relationships by establishing procedures for appealing
management actions.
B. To afford employees individually or through the Bargaining Unit 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. A dispute about the interpretation or application of this Agreement or of any ordinance,
resolution, rule or regulation governing personnel procedure or working conditions.
B. A dispute about the practical consequences of a City decision on wages, hours and other terms
and conditions of employment.
C. A decision affecting the employment of any permanent or probationary employee over which the
department Director has partial or complete jurisdiction.
Section 3 - Procedure
A. Informal Grievance Procedure
An employee who has a problem or complaint should first try to get it settled through discussion
with his/her immediate supervisor without undue delay. If this discussion does not satisfactorily
resolve the problem, the employee may discuss it with the supenrisor'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/she shall then have the right to file a formal grievance in writing within five (5)
calendar days after receiving the informal decision of his/her immediate superior.
B. Formal Grievance Procedure
1. First Level of Review -- A grievance shall be presented in writing to the employee's
immediate supervisor, who shall render a decision 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/her supenrisor's decision, or if no answer has been received within
five (5) days, the employee may present the appeal in writing to his/her department
Director.
44
2. Second Level of Review -- The department Director receiving the grievance, or his/her
designated representative, should discuss the grievance with the employee, his/her
representative, if any, and with other appropriate persons. The department Director shall
render his/her 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/she may present the
appeal in writing to the City Manager.
3. Third Level of Review -- The City Manager receiving the grievance, or his/her designed
representative, should discuss the grievance with the employee, his/her representative, if
any, and with other appropriate persons. The City Manager may designate any person or
persons to advise him/her concerning the appeal. The City Manager shall render his/her
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/she may
present the appeal in writing to the City Council.
4. Final Level of Review -- The City Council upan 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.
B. The time limits spec'rfied in this procedure may be extended at any level of review to a definite
date by mutual agreement of the employee and the reviewer concerned.
C. The employee may request the assistance of another person of his/her own choosing in
preparing and presenting his/her appeal at any level of review.
D. The employee and his/her representative may be privileged to use a reasonable amount of work
time as determined by the City Manager in conferring about and presenting the appeal.
E. Failure of the employee to take further action within the specified time limits at each level of
review, or within five (5) days if no decision is rendered, shall constitute withdrawal of the
grievance.
Employees shall be assured freedom from reprisal for using the grievance procedure.
Article 12. Personnel Rules
All other employee rights, privileges, and benefits are included in the Personnel Rules of the City of
Poway.
Article 13. Job Actions
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.
45
Article 14. Americans with Disabilities Act Amended
The City and the bargaining unit agree that they are subject to and must conform to the Americans
with Disabilities Act Amended (ADAA).
Article 15. Postinq of Aqreement
A copy of this Agreement will be posted on the City's intranet and internet for employee access. The
Agreement will be provided to new hires at the Human Resources orientation.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
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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: . For th epresentatives:
,
— �- - 2 — Zvc3
Tina White, Assistant City Manager Chester Mord ini, President
C lifornia Teamsters, Local 911
k;�t�--- , .
Sc Ed�r ds Corey eilly
Dire ` Administrative Services
�
Erin Dempster, Hu an Resources Mgr. Bra�ell
De on
Tom Kester
�� '
Matt Thom son
i
A Valdivia
. ,
Harry Willi son
Craig Winder
v
Gil Aguilar �
47
Salary schedule for Job Classifications within the Non-Safety Employees Bargaining Group
EFFECTIVE BEGINNING THE FIRST PAY PERIOD THAT INCLUDES JULY 1,2073
Rartge
Cfa�sfic�tion T�le f�umber Step A Step B Step C Step D Step E
ccounting Technician I 40.5 17.0438 17.8961 18.7908 19.7304 20.7169
ccounting Technician II 44.5 18.9376 19.8845 20.8787 21.9227 23.0187
dministrative Assistant I 36 15.0466 15.7986 16.5889 17.4186 18.2893
dministrative Assistant II 39 16.2036 17.0134 17.8644 18.7580 19.6956
dministrative Assistant III 45 18.7911 19.7303 20.7172 21.7536 22.8409
quatics Coordinator 44 18.3328 19.2491 20.2119 21.2230 22.2838
Box Office Attendant 36 15.0466 15.7986 16.5889 17.4186 18.2893
Box Office Coordinator 44 18.3328 19.2491 20.2119 21.2230 22.2838
Construction Coordinator 67 32.3503 33.9674 35.6664 37.4503 39.3223
Construction Maintenance Crew Leader 51 21.7919 22.8812 24.0257 25.2275 26.4884
Construction Maintenance Worker I 41 17.0239 17.8747 18.7688 19.7077 20.6927
Construction Maintenance Worker II 45 18.7911 19.7303 20.7172 21.7536 22.8409
Contract SpecialisUlnspector 58 25.9038 27.1985 28.5591 29.9877 31.4864
Cross-Connection Specialist 58 25.9038 27.1985 28.5591 29.9877 31.4864
Customer Services Technician I 40.5 17.0438 17.8961 18.7908 19.7304 20.7169
Customer Services Technician II 44.5 18.9376 19.8845 20.8787 21.9227 23.0187
Customer Services Field Worker 50 21.2604 22.3231 23.4397 24.6122 25.8423
Development Services Technician 50 21.2604 22.3231 23.4397 24.6122 25.8423
Dock Attendant 27 12.0482 12.6503 132832 13.9476 14.6447
Engineering Inspector 59 26.5514 27.8785 29.2731 30.7374 32.2736
Engineering Technician I 55 24.0542 25.2565 26.5199 27.8465 29.2382
Engineering Technician II 59 26.5514 27.8785 29.2731 30.7374 32.2736
Equipment Mechanic 52 22.3367 23.4532 24.6263 25.8582 27.1506
Facilities Maintenance Crew Leader 55 24.0542 25.2565 26.5199 27.8465 29.2382
Facilities Maintenance Technician I 45 18.7911 19.7303 20.7172 21.7536 22.8409
Facilities Maintenance Technician II 49 20.7419 21.7786 22.8680 24.0119 25.2720
Front of House Assistant 36 15.0466 15.7986 16.5889 17.4186 18.2893
Front of House Coordinator 44 18.3328 19.2491 20.2119 21.2230 22.2838
Lead Customer Services Field Worker 56 24.6556 25.8879 27.1829 28.5427 29.9692
Lifeguard 29 12.6581 13.2908 13.9557 14.6537 15.3861
Park Ranger 37 15.4228 16.1936 17.0036 17.8541 18.7465
Parks Maintenance Crew Leader 51 21.7919 22.8812 24.0257 25.2275 26.4884
Parks Maintenance Worker I 41 17.0239 17.8747 18.7688 19.7077 20.6927
Parks Maintenance Worker II 45 18.7911 19.7303 20.7172 21.7536 22.8409
Public Works Shop Specialist 47 19.7424 20.7292 21.7660 22.8548 23.9972
Records Technician 47 19.7424 20.7292 21.7660 22.8548 23.9972
Recreation Coordinator 44 18.3328 19.2491 20.2119 21.2230 22.2838
Recreation Leader I 29 12.6581 13.2908 13.9557 14.6537 15.3861
Recreation Leader II 33 13.9723 14.6706 15.4045 16.1749 16.9834
Senior Administrative Assistant 49 20.7419 21.7786 22.8680 24.0119 25.2120
Senior pock Attendant 31 13.2990 13.9637 14.6622 15.3955 16.1651
Exhibit A
EFFECTIVE BEGINNING THE FIRST PAY PERIOD THAT INCLUDES JULY 1,2013
Range
Ciassficatian Titte Number Step A Step B Step C Step D Step E
Senior Equipment Mechanic 56.5 25.5183 26.7942 28.1339 29.5406 31.0176
Senior Park Ranger 41 17.0239 17.8747 18.7688 19.7077 20.6927
Senior Parks Maint.Crew Leader 55 24.0542 25.2565 26.5199 27.8465 29.2382
Senior Utility Systems Technician 64 30.0405 31.5420 33.1198 34.7764 36.5146
Stage Technician 40 16.6087 17.4387 18.3110 19.2270 20.1880
Technical Theater Coordinator 44 18.3328 19.2491 20.2119 21.2230 22.2838
Utility Systems Mechanic 60 27.2152 28.5755 30.0049 31.5058 33.0804
Utility Systems Technician 60 27.2152 28.5755 30.0049 31.5058 33.0804
arehouse Associate 49 20.7419 21.7786 22.8680 24.0119 25.2120
astewater Utilities Crew Leader 53 22.8951 24.0395 25.2420 26.5047 27.8294
astewater Utilities Worker I 43 17.8857 18.7796 19.7190 20.7054 21.7403
astewater Utilities Worker II 47 19.7424 20.7292 21.7660 22.8548 23.9972
ater Treatment Plant Operator I 52 22.3367 23.4532 24.6263 25.8582 27.1506
ater Treatment Plant Operator I I 58 25.9038 27.1985 28.5591 29.9877 31.4864
ater Treatment Plant Operator III 64 30.0405 31.5420 33.1198 34.7764 36.5146
ater Utilities Crew Leader 53 22.8951 24.0395 25.2420 26.5047 27.8294
ater Utilities Worker I 43 17.8857 18.7796 19.7190 20.7054 21.7403
ater Utilities Worker 11 47 19.7424 20.7292 21.7660 22.8548 23.9972
Exhibit A
EFFECTIVE BEGINNING THE FIRST PAY PERIOD THAT INCLUDES JULY 1,2014
Range
Ctassfication T�IIe Nucnber Step A Step 8 Step C Step D Step E
ccounting Technician I 40.5 17.3847 182540 19.1666 20.1250 21.1312
ccounting Technician II 44.5 19.3164 20.2822 21.2963 22.3612 23.4791
dministrative Assistant I 36 15.3474 16.1152 16.9206 17.7662 18.6545
dministrative Assistant II 39 16.5275 17.3544 18.2216 19.1323 20.0889
dministrative Assistant III 45 19.1669 20.1258 21.1314 22.1877 23.2969
quatics Coordinator 44 18.6994 19.6349 20.6160 21.6465 22.7287
Box Office Attendant 36 15.3474 16.1152 16.9206 17.7662 18.6545
Box Office Coordinator 44 18.6994 19.6349 20.6160 21.6465 22.7287
Construction Coordinator 67 32.9970 34.6481 36.3796 38.1980 40.1074
Construction Maintenance Crew Leader 51 22.2277 23.3397 24.5059 25.7310 27.0173
Construction Maintenance Worker I 41 17.3642 18.2330 19.1440 20.1009 21.1059
Construction Maintenance Worker II 45 19.1669 20.1258 21.1314 22.1877 23.2969
Contract Specialist/Inspector 58 26.4217 27.7437 29.1300 30.5861 32.1151
Cross-Connection Specialist 58 26.4217 27.7437 29.1300 30.5861 32.1151
Customer Services Technician I 40.5 17.3847 18.2540 19.1666 20.1250 21.1312
Customer Services Technician I I 44.5 19.3164 20.2822 21.2963 22.3612 23.4791
Customer Seroices Field Worker 50 21.6856 22.7704 23.9082 25.1034 26.3583
Development Senrices Technician 50 21.6856 22.7704 23.9082 25.1034 26.3583
Dock Attendant 27 12.2891 12.9038 13.5488 14.2259 14.9372
Engineering Inspector 59 27.0822 28.4373 29.8583 31.3508 32.9180
Engineering Technician I 55 24.5352 25.7627 27.0500 28.4022 29.8220
Engineering Technician II 59 27.0822 28.4373 29.8583 31.3508 32.9180
Equipment Mechanic 52 22.7834 23.9232 25.1185 26.3743 27.6927
Facilities Maintenance Crew Leader 55 24.5352 25.7627 27.0500 28.4022 29.8220
Facilities Maintenance Technician I 45 19.1669 20.1258 21.1314 22.1877 23.2969
Facilities Maintenance Technician II 49 21.1567 22.2150 23.3251 24.4911 25.7154
Front of House Assistant 36 15.3474 16.1152 16.9206 17.7662 18.6545
Front of House Coordinator 44 18.6994 19.6349 20.6160 21.6465 22.7287
Lead Customer Services Field Worker 56 25.1486 26.4068 27.7263 29.1123 30.5676
Lifeguard 29 12.9112 13.5571 14.2347 14.9460 15.6934
Park Ranger 37 15.7311 16.5181 17.3436 18.2104 19.1209
Parks Maintenance Crew Leader 51 22.2277 23.3397 24.5059 25.7310 27.0173
Parks Maintenance Worker I 41 17.3642 182330 19.1440 20.1009 21.1059
Parks Maintenance Worker II 45 19.1669 20.1258 21.1314 22.1877 23.2969
Public Works Shop Specialist 47 20.1373 21.1446 22.2012 23.3110 24.4763
Records Technician 47 20.1373 21.1446 222012 23.3110 24.4763
Recreation Coordinator 44 18.6994 19.6349 20.6160 21.6465 22.7287
Recreation Leader I 29 12.9112 13.5571 14.2347 14.9460 15.6934
Recreation Leader II 33 14.2516 14.9645 15.7125 16.4977 17.3225 �
Senior Administrative Assistant 49 21.1567 22.2150 23.3251 24.4911 25.7154
Senior pock Attendant 31 13.5649 14.2434 14.9554 15.7027 16.4878
Exhibit A
EFFECTIVE BEGINNING THE FIRST PAY PERIOD THAT INCLUDES JULY 1,2014
Range
lass�icafion Tifle Number Step A Step B Step C St+ep D Step E
Senior Equipment Mechanic 56.5 26.0287 27.3301 28.6966 30.1314 31.6380
Senior Park Ranger 41 17.3642 18.2330 19.1440 20.1009 21.1059
Senior Parks Maint. Crew Leader 55 24.5352 25.7627 27.0500 28.4022 29.8220
Senior Utility Systems Technician 64 30.6410 32.1741 33.7820 35.4706 37.2437
Stage Technician 40 16.9407 17.7883 18.6771 19.6106 20.5911
echnical Theater Coordinator 44 18.6994 19.6349 20.6160 21.6465 22.7287
Utility Systems Mechanic 60 27.7593 29.1482 30.6048 32.1346 33.7410
Utility Systems Technician 60 27.7593 29.1482 30.6048 32.1346 33.7410
Warehouse Associate 49 21.1567 22.2150 23.3251 24.4911 25.7154
astewater Utilities Crew Leader 53 23.3530 24.5213 25.7465 27.0337 28.3850
astewater Utilities Worker I 43 18.2433 19.1560 20.1132 21.1185 22.1743
astewater Utilities Worker II 47 20.1373 21.1446 22.2012 23.3110 24.4763
ater Treatment Plant Operator I 52 22.7834 23.9232 25.1185 26.3743 27.6927
ater Treatment Plant Operator 11 58 26.4217 27.7437 29.1300 30.5861 32.1151
ater Treatment Plant Operator 11I 64 30.6410 32.1741 33.7820 35.4706 37.2437
ater Utilities Crew Leader 53 23.3530 24.5213 25.7465 27.0337 28.3850
ater Utilities Worker I 43 18.2433 19.1560 20.1132 21.1185 22.1743
Water Utilities Worker II 47 20.1373 21.1446 22.2012 23.3110 24.4763
Exhibit A
Gl,�.� o po�p,�1-
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SALARY AND BENEFIT PLAN
FOR THE
CITY OF POWAY
MANAGEMENT/CONFIDENTIAL GROUP
July 1,2013-June 30,2015
Exhibit B
TABLE OF CONTENTS
Article1.Salary Schedule......................................................................................................................................4
Article2. Leaves...................................................................................................................................................4
Section1. Vacation.............................................................................................................................................4
A. Groups 1-3-Management............................................................................................................................4
B. Group 4-Confidential...................................................................................................................................5
Section2. Executive Leave..................................................................................................................................7
A. Group 1..........................................................................................................................................................7
B. Groups 2A and 26..........................................................................................................................................7
Section3. Sick Leave...........................................................................................................................................7
A. Sick Leave Use...............................................................................................................................................7
B. Sick Leave Accrual..........................................................................................................................................7
C. Notification.........................................•--•.......................................................................................................8
D. Family Sick Leave...........................................................................................................................................8
E. Annual Conversion of Sick Leave..................................................••••-............................................................8
Section4. Holidays.............................................................................................................................................9
A. Designated Holidays......................................................................................................................................9
B. Holiday Pay....................................................................................................................................................9
Section 5. Bereovement Leove.........................................................................................................................10
Section6. Benefit Days.....................................................................................................................................10
Section7. Jury Duty..........................................................................................................................................10
Article3. Payroll and Workweek........................................................................................................................11
A. Groups 1,2A and 26-Management...........................................................................................................11
B. Groups 3 and 4-Professional/Confidential.................................................................................................11
C. Work Hours..................................................................................................................................................12
Article4. Benefits...............................................................................................................................................12
Section 1. Hospita/and Medical.......................................................................................................................12
Section2. Eye Care...........................................................................................................................................13
Section3. Life/nsurance...................................................................................................................................13
Sedion 4. Deferred Compensation-All Groups...............................................................................................13
Section 5. Long Term Disability/ncome/nsurance...........................................................................................13
A. Group 1-Management...............................................................................................................................13
B. Groups 2-4..................................................................................................................................................14
Section 6. Workers'Compensation Insurance..................................................................................................14
Section 7. Unemployment Insuronce/State Disability/nsurance......................................................................15
Section 8. Flexib/e Benefits Program................................................................................................................15
Section 9. Part-Time Employee Benefits...........................................................................................................15
Article5. Special Pay...........................................................................................................................................15
Section 1. Tuition Reimbursement...................................................................................................................15
2
Section2. Uniforms and Equipment.................................................................................................................16
Section3. Acting Pay........................................................................................................................................17
A. Groups 1-3-Management..........................................................................................................................17
B. Group 4-Confidential.................................................................................................................................17
Section 4. Physical Examinations.....................................................................................................................17
Section5. Trave/Expenses................................................................................................................................18
A. Group 1-2A-Management......................................................................................................................18
B. Groups 26,3 and 4-Management/Confidential ....................................................................................18
Article6. Service.................................................................................................................................................i8
Section1. Transfers..........................................................................................................................................18
Section2. Layoff and Reemp/oyment...............................................................................................................18
Section3. Resignations....................................................................................................................................19
Article7. Retirement and Social Security............................................................................................................20
Section1. CoIPERS............................................................................................................................................20
Section2. PARS.................................................................................................................................................21
1. Non-Safety Group 1:....................................................................................................................................21
2. Non Safety Group 1:....................................................................................................................................21
3. Non-Safety Groups 2-3:...............................................................................................................................21
4. Group 4 if hired before March 28,2008:.....................................................................................................21
5. 6roup 4 if hired on or after March 28,2008:..............................................................................................22
Article8. Personnei Rules....................................................................................................................................22
3
Article 1. Salarv Schedule
Wages shall increase by two percent (2%) effective the beginning of the pay period which
includes July 1, 2013.
Wages shall increase by two percent (2%) effective the beginning of the pay period which
includes July 1, 2014.
Wages shall be paid in accordance with the salary schedule attached as F�chibit A.
Article 2. Leaves
Section 1. Vacation
A. Groups 1-3- Management
1. Comnutinp Vacation Leave
All employees in the management group, who have served for a minimum of six (6)
months of continuous service, shall be entitled to vacation leave with pay.
For the purpose of computing annual vacation leave, a working day shall be
considered as 1/5 of the number of working or duty hours in the established
workweek.
Annual vacation leave shall be computed in accordance with the following schedule:
Years of
Continuous Emqlovment Vacation Leave Credits
1 through 5 120 hours per year or 4.615 hours per pay
period for 26 pay periods.
After 5 144 hours per year or 5.538 hours per pay
period for 26 pay periods.
After 10 180 hours per year or 6.923 hours per pay
period for 26 pay periods.
After 15 199.2 hours per year or 7.662 hours per pay
period for 26 pay periods.
2. Vacation Leave Accrual
Vacation time can be accumulated to a maximum of 200% of one year's eligibility.
When an employee's vacation leave accrual reaches the maximum level, the
employee will stop accruing additional vacation leave until such time as the
employee uses vacation leave below the maximum level. At that time, the employee
will begin accruing additional leave from that point forward.
Employees who have reached maximum accrual can request a review by their
department Director in the event a vacation request is denied.
4
3. Use of Vacation Time
The times at which an employee may take vacation shall be determined by the
immediate supervisor with due regard for the wishes of the employee and particular
regard for the needs of the City. Vacation leave in excess of thirty calendar days
shall be granted or not granted at the sole discretion of the City Manager.
In the event one or more holidays fall within a vacation leave period, such holidays
shall not be charged as vacation leave, and the vacation leave shall be extended
accordingly.
An employee may elect to use accrued vacation leave for scheduled dental and
medical appointments, treatments, procedures or other related activities.
4. Conversion of Accrued Vacation Leave
Annual conversion of a portion of accrued vacation to cash for Groups 1-3 is
permitted subject to the following guidelines:
a. Employee must have had at least three years of senrice in the prior 12 months
before conversion.
b. A maximum of five days (40 hours) per year may be converted on an hour-for-
hour basis, at the current rate of pay.
c. Employee must have used at least two weeks (80 hours) of vacation time in
both the current and previous 12 months.
d. After conversion, the employee must have at least two weeks (80 hours)
remaining to his/her credit.
e. Requests for conversion by Group 1 employees shall be approved by the City
Manager. Requests for conversion by Groups 2 and 3 employees shall be
approved by the Director of Administrative Services.
5. Pavout of Vacation Leave
Employees who terminate employment shall be paid in a lump sum for all accrued
vacation leave earned prior to the effective date of termination.
B. Group 4-Confidential
1. Comqutinp Vacation Leave
All employees in this group shall be entitled to vacation leave with pay exceqt those
employees who have senred less than six continuous months in the service of the
City.
For the purposes of computing annual vacation leave, a working day shall be con-
sidered as 1/5 of the number of working or duty hours in the established workweek.
5
Annual vacation leave shall be computed in accordance with the following schedule:
Years of
Continuous Emplovment Vacation Leave Credits -
1 through 5 years 96 hours per year or 3.692 hours per pay
period for 26 pay periods.
After 5 years 120 hours per year or 4.615 hours per pay
period for 26 pay periods.
After 10 years 144 hours per year or 5.538 hours per pay
period for 26 pay periods.
After 15 years 168 hours per year or 6.462 hours per pay
period for 26 pay periods.
2. Vacation Leave Accrual
Vacation time can be accumulated to a maximum of 150% of one year's eligibility.
When an employee's vacation leave accrual reaches the maximum level, the
employee will stop accruing additional vacation leave until such time as the
employee uses vacation leave below the maximum level. At that time, the employee
will begin accruing additional leave from that point forward.
Employees who have reached maximum accrual can request a review by their
department Director in the event a vacation request is denied.
3. Use of Vacation Leave
The times at which an employee may take vacation shall be determined by the
department Director 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.
An employee may elect to use accrued vacation leave for scheduled dental and
medical appointments, treatments, procedures or other related activities.
4. Pavout of Vacation Leave
Employees who terminate employment shall be paid in a lump sum for all accrued
vacation leave earned prior to the effective date of termination.
6
Section 2. Executive Leave
A. Group 1
Employees designated in this group shall be entitled to sixty-four (64) hours executive
leave each fiscal year. If not taken during the fiscal year, any remaining executive leave
will be exchanged for compensation in the last full pay period of the fiscal year at the then
current rate of pay. Executive leave may not be carried over into the next fiscal year.
Employees who terminate employment shall be paid in a lump sum for the value of unused
executive leave.
B. Groups 2A and 2B
Employees designated in these groups shall be entitled to thirty-two (32) hours executive
leave each fiscal year. If not taken during the fi$cal year, any remaining executive leave
will be exchanged for compensation in the last full pay period of the fiscal year at the then
current rate of pay. Executive leave may not be carried over into the next fiscal year.
Employees who terminate employment shall be paid in a lump sum for the value of unused
executive leave.
Section 3. Sick Leave .
A. Sick Leave Use
Sick leave shall not be considered a right but shall be allowed only in case of necessity
and actual personal sickness or disability. Sick leave may also be used for dental or
medical evaluations, treatments, procedures or other related activities. If an employee's
sick leave balance is exhausted, another paid leave (e.g. vacation, comp time, etc.) will be
used.
Sick leave with pay may be granted to all probationary and regular employees within the
unit who are regularly employed in regular,full-time positions.
B. Sick Leave Accrual
All employees in Group 1 hired prior to July 1, 2011, and those employees in Groups 2
and 3 hired prior to July 1, 1990 and whose positions or transfers to the management
group were announced prior to July 1, 1990, shall be granted sick leave with pay up to a
maximum of sixry (60) calendar days per incident with no accumulation until June 23,
2013. Effective June 24, 2013 each employee with this benefit will be credited with a
beginning sick leave balance that is calculated using one day a month accrual rate for
each month of employment, less the cumulative number of sick leave hours used (or
imputed to be used) during their employment with the City.
Effective June 24, 2013 employees with this benefit will transition to the same sick leave
accrual benefit as all other non-Safety employees and begin accruing one day of sick
leave for each month of employment, for a total of ninety-six (96) hours per year.
All employees in (a) Group 1 hired after July 1, 2011, (b) Groups 2 and 3 hired after July 1,
1990 and (c) Group 4, shall accrue one day of sick leave for each month of employment,
for a total of ninety-six (96) liours per year.
7
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 workweek.
Sick leave shall be granted to an employee only for actual working time off.
Accumulation of sick leave shall be unlimited.
C. Notification
In order to receive compensation while absent on sick leave, the employee shall notify
his/her immediate supervisor or the department Director in the manner established by the
department prior to or within two hours after the time set for the beginning of duties.
Absent extenuating circumstances, failure to fulfill notification requirements will cause such
time off to be considered leave of absence without pay.
Certification by the employee's physician may be required in order to receive
compensation for sick leave over three (3) working days at one time if an abuse of sick
leave is suspected or if an unusual pattern of use has been documented and the
employee has been counseled. This requirement is at the discretion of the department
Director.
D. Family Sick Leave
In the event of illness in the immediate family, an employee may use accrued sick leave
not to exceed forty-eight (48) hours in each fiscal year. Immediate family shall be
designated as mother, father, spouse, domestic partner, brother, sister, and children.
Employee must notify supervisor in advance if possible when such leave is being taken
and so note in the Comments section of his/her time card, as well as on a Leave Request.
An employee cannot use personal sick leave in place of Family Sick Leave and must use
other available accrued leave when Family Sick Leave is exhausted.
E. Annual Conversion of Sick Leave
In the last full pay period of the fiscal year, an employee who accrues sick leave may
convert sick leave to cash under the following conditions:
1. After conversion, employee must have a minimum balance of 168 hours of sick leave.
2. Employee has used 32 hours or less of sick leave in the immediately preceding 12
months.
3. Employee can convert 50% of the annual sick leave accrual, less sick leave used in
the immediately preceding 12 months, up to a maximum of 40 hours. Sick leave use
includes use of family sick leave.
Example: employee used 16 hours in preceding 12 months
96 hours of annual accrual x 50% =48 hours
48 hours - 16 used =32 hours converted to cash-
8
4. Payout of Sick Leave
After five (5) years of continuous employment with the City, and upon termination or
retirement, an employee will receive compensation for unused sick leave.
a. Upon retirement, employee will receive 50°/a 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 $5,000.
b. Upon leaving the employ of the City for other than retirement, employee will
receive 50°/a 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.
c. Upon the death of an employee, compensation for unused sick leave shall be at
the same rate as the retirement benefit. Payment shall be made to the
employee's designated beneficiary.
5. The City will establish a committee to evaluate the implementation of a Retirement
Health Savings Plan (RHSP) for Non-Safety employees, including employees covered
by this Salary and Benefit Plan. The committee will work toward developing a RHSP
recommendation to provide employees with a mechanism to save for retirement health
care costs and encourage prudent sick leave usage. The goal is to complete the
evaluation and consider implementation of a RHSP by January 2014.
Section 4. Holidavs
A. Designated Holidays
The holidays for employees in the management/confidential group are as follows:
New Year's Day January 1
Martin Luther King Day 3rd Monday- January
President's Day 3rd Monday- February
Memorial Day Last Monday- May
Independence Day July 4
Labor Day 1 st Monday- September
Veteran's Day November 11
Thanksgiving Day 4th Thursday- November
Day after Thanksgiving 4th Friday- November
Christmas Day December 25
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 considered as the legal
holiday.
To be eligible for holiday pay, an employee must be in a paid status on the day before and
the day after a holiday.
B. Holiday Pay
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 workweek.
9
Employees in this unit shall be paid holiday pay, whether on or off duty on the holidays
above. If a Group 3 or 4 employee works on a holiday, he/she will also be compensated
for the hours worked at the rate of two (2)times the employee's regular rate of pay.
Section 5. Bereavement Leave
In the event of a death in the family, regular and probationary employees shall be eligible for up
to forty (40) hours of paid bereavement leave to attend the funeral or make funeral
arrangements, subject to the following provisions:
A. The relatives designated shall include father, mother, spouse, brother, sister, daughter,
son, grandparents, grandson, granddaughter, and brothers and sisters having one parent
in common. It also includes "in-lav�' relatives 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 bereavement leave for a person who has been living with the employee in the same
capacity as a spouse, provided the employee has previously notified the Human
Resources office in writing of the individual's name.
B. Bereavement leave is not compensable when the employee is on leave of absence,
vacation, bona fide layoff, or for days falling outside the employee's regular work period.
C. It is not chargeable against sick leave.
D. All requests for paid bereavement leave shall be made in writing as soon as practical but
in no event later than the first day back to work, and shall be subject to approval of the
Human Resources Manager or designee.
E. Employees on a flex work schedule shall be compensated for a nine-hour day for paid
bereavement leave, up to a maximum of forty(40) hours.
Section 6. Benefit Davs
In addition to provisions for vacation, sick leave, and holidays set forth elsewhere herein, each
employee who has completed an initial probationary period shall have available two (2) benefit
days off each fiscal year. One of these days will be known as Cesar Chavez Day and will
remain as an unscheduled benefit day until 10 other cities in San Diego County close their
offices in observance of this day, at which time it shall be observed as a fixed holiday on the day
so designated. The times at which an employee may take a benefit day off shall be determined
by the department Director with due regard for the wishes of the employee and particular regard
for the needs of the City. Benefit days may be taken in one-hour increments. If not taken by the
end of the last full pay period of the fiscal year, the benefit day(s) shall be forfeited. Employees
who terminate employment shall be paid in a lump sum for the value of all unused benefit days.
Section 7. Jurv Dutv
Employees shall be compensated at the regular rate of pay for serving jury duty during the
employee's scheduled work hours. The duration of jury duty and hours to be compensated shall
be in accordance with City policy and the Personnel Rules.
10
Article 3. Pavroll and Workweek
Regular paydays are designated as every other Friday for the two-week period ending the
previous Sunday. In no event will the City advance pay, including pay for earned vacation,
without the prior written approval of the City Manager.
A. Groups 1, 2A and 2B—Management
1. It is recognized that employees in these groups may be required to work hours in
excess of 40 hours in a workweek, and it is agreed that employees in this group shall
not be remunerated for such work beyond the current monthly salary rate of the
individual employee, but for the purposes of computing benefits, the regular number of
working or duty hours in a workweek from Monday through Sunday is established at
40 hours for all full-time employees in the group.
2. Chief Officers within the Safety Services Department (Director of Safety Services and
Fire Division Chief) will be provided supplemental compensation at a straight time
hourly rate, for hours worked outside of scheduled work hours when assigned to a
mutual aid incident and reimbursement funding is received by the City. Payment will
occur upon City's receipt of reimbursement funds and at no time shall payment exceed
the reimbursement amount received by the City. The City Manager must approve the
supplemental compensation.
B. Groups 3 and 4- Professional/Confidential
1. Workweek
The regular number of working or duty hours in a workweek from Monday through
Sunday is established at 40 hours for all full-time employees in the unit.
For employees regularly working less than 40 hours in one week, or designated as part-
time or temporary employees, the regular number of working or duty hours in a
wo�kweek shall be that number of hours for which they are scheduled to work.
2. Overtime
No employee may work overtime without advance approval. Employees who do not
secure prior approval may be subject to disciplinary action pursuant to established
guidelines for discipline.
For full-time employees, unscheduled hours worked on Sundays and holidays shall be
paid at double the employee's rate of pay.
Employees in this group shall be paid one and one-half (1-1/2) times their hourly rate of
pay for all hours worked in excess of an 8-hour day or a 40-hour workweek.
A minimum of two hours pay at the rate of time and one-half shall be paid for each
incident of callback overtime. Callback overtime is unscheduled overtime as opposed to
scheduled overtime or an early start or extended shift.
il
If an employee responds to a trouble call via telephone outside normal work hours, the
employee will be compensated for telephone time in 15-minute increments on an
overtime basis.
3. Compensatorv Time Off(CTO)
The times at which an employee may take compensatory time off shall be determined by
the department Director with due regard for the wishes of the employee and particular
regard for the needs of the City. Compensatory time off, in lieu of overtime, shall be
taken as one and one-half (1-1/2) hours off for each overtime hour worked.
The maximum accumulation of compensatory time off shall be 80 hours.
a. In the event an employee accrues 80 hours of compensatory time in any one
fiscal year, the employee will be ineligible to work overtime for compensatory time
off for the remainder of that fiscal year and will only be eligible for cash
compensation for overtime worked unless the employee uses CTO and brings the
accrued balance below 80 hours.
b. Once an employee uses CTO and brings the balance below 80 hours, the
employee may again accrue CTO hours up to 80 hours.
c. The department Director or designee shall determine the times at which an
employee may take CTO with due regard for the wishes of the employee and
particular regard for the needs of the City.
An employee's CTO balance will be cashed out to zero in the final pay period of the fiscal
year at the employee's then rate of pay. Said cash payment may only occur as part of the
final pay period of the fiscal year in which the compensatory time off was accrued.
C. Work Hours
The City agrees to make available a flexible work schedule when possible. Work schedule
and operating conditions will be determined by the City to insure all necessary service can
be maintained without adverse impacts. Continuation of the program will be at the
discretion of the City Manager. It is understood that it may not be possible to extend this
schedule to all operations of the City due to service needs.
For employees working an alternate work schedule (9/80) the workweek shall begin and
end four hours into each employee's work schedule on his or her alternating regular day
off.
Article 4. Benefits
Section 1. Hosaital 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
Dependents of each employee may also be covered by health benefit coverage, upon proper
application and acceptance. The cost of dependent coverage of the medical 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. The parties to this Agreement agree to work with the
City Insurance Committee to keep the overall cost future premium increases to a minimum.
Section 2. Eve Care
The City will provide an eye care plan. The Ciiy shall pay 100% of the premium for the
employee and dependent coverage.
Section 3. Life Insurance
The first day of the month following date of hire, an employee, upon proper application and
acceptance by the insurance carrier, shall be covered under a group life insurance plan for the
amount of one and one-half (1-1/2) times base annual salary ($15,000 minimum).
The City pays 100%of the premium.
Section 4. Deferred Compensation -All Groups
In addition to the City's existing 457 deferred compensation plan, the City will provide a 401(a)
Deferred Compensation Plan. The City shall contribute to the 401 (a) Deferred Compensation
Plan on behalf of the employees as follows: $129.31 per Group 1 employee per biweekly pay
period, $106.23 per Group 2A employee per biweekly pay period, $87.77 per Group 2B
employee per pay period, and $69.21 per Group 3 and Group 4 employees per biweekly pay
period. Employees shall be entitled to receive credits for their 401 accounts only after the
completion of each full pay period. Only full-time employees shall be eligible for this benefit and
shall have the following vesting rights to the contributions made to the plan. Employees hired
on or before June 30, 2004, shall be fully vested after the completion of one year of City service.
Employees hired on or after July 1, 2004, shall be vested as follows:
From date of hire until second anniversary—0%of accumulated value
Second anniversary of employment—20°/a of the accumulated value
Third anniversary of employment—40%of the accumulated value
Fourth anniversary of employment—60%of the accumulated value
Fifth anniversary of employment—80%of the accumulated value
Sixth anniversary of employment— 100%of the accumulated value
Employees may make other contributions to the plan as provided for in the plan and in
accordance with applicable federal and state laws.
Section 5. Lonq Term Disabilitv Income Insurance
This employee benefit provides for the payment of a monthly income benef� payment for those
covered employees totally disabled by injury or sickness as determined by the insurer.
A. Group 1 - Management
The benefit provided under this coverage will be 66-2/3% of the employee's base salary to
a maximum of $10,900 per month. The insurance carrier is responsible for acceptance of
the claim and calculating the exact benefit amount, based on each individual's income
status.
13
The insurance carrier for this coverage requires a 60-day waiting period from the first day
of the disability to the beginning of the monthly benefit payment period. Effective
July 1, 2013, the waiting period will be reduced to 30-days.
Monthly benefits are paid, with certain exceptions, as explained in the Group certificate of
insurance, until the recovery from the injury or sickness or until the employee reaches age
65.
The City pays 100%of the premium.
An employee may first use sick leave then other accrued leave to supplement coverage
under this benefit up to, but not in excess of, 100%of his/her regular rate of pay.
B. Groups 2-4
The benefit provided under this coverage will be 66-2/3% of the employee's base salary to
a maximum of $9,500 per month. The insurance carrier is responsible for acceptance of
the claim and calculating the exact benefit amount, based on each individual's income
status.
The insurance carrier for this coverage requires a 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 certificate of
insurance, until the recovery from the injury or sickness or until the employee reaches
age 65.
The City pays 100%of the premium.
An employee may first use sick leave then other accrued leave to supplement coverage
under this benefit up to, but not in excess of, 100%of his/her regular rate of pay.
Section 6. Workers' Comqensation Insurance
All employees in the group (regular, temporary and part-time) are covered by Workers'
Compensation Insurance from the date of employment. Premiums will be paid by the City.
Any employee shall, upon receiving a work-sustained injury, report the incident immediately to
his department Director.
The filing of the accident report as required by the Workers' Compensation Insurance Fund shall
be the responsibility of the employee's supervisor.
An employee of the City who is or may be entitled to temporary disability indemnity under
Division 4 or Division 4.5 of the Labor Code shall receive any accrued sick leave or vacation for
such absence. The City shall decrease the charge of sick leave or vacation in the amount of
temporary disability payment received so that the employee shall not receive payment in excess
of full salary or wage.
14
If the employee does not wish to use accrued sick leave or vacation, the employee shall notify
the City within five (5) days after the injury is reported to the City. After the five (5) days, the
employee's accrued sick leave or vacation shall be used until the date the employee notifies the
City in writing that he/she no longer wishes to use the accrued leaves. When computing sick
leave or vacation under this policy, the employee shall be given credit for any holidays that
occur during the period of absence hereunder.
The employee is, nevertheless, entitled to medical, surgical, and hospital treatment as provided
in the Labor Code. When the employee's accrued sick leave or vacation, or both, are
exhausted, the employee will still receive disability indemnity for which he/she is otherwise
entitled.
If an employee is receiving Workers' Compensation and not actively on the payroll, the C'rty shall
collect from the employee the employee's costs of insurance for dependent coverage, and the
City shall pay the employer's costs of insurance. During such leave, no contributions shall be
made to the retirement plan.
Section 7. Unemqlovment Insurance/State Disabilitv Insurance
The Cit�r does not participate in the State Disability Insurance program.
Section 8. Flexible Benefits Propram
The City will maintain a Flexible Benefits Program in accordance with applicable IRS statutes
and the Affordable Health Care for America Act (AHCAA) in order to provide employees the
greatest possible tax benefit.
Section 9. Part-Time Emolovee Benefits
Employees working less than full time will have their benef'rts prorated to the ratio of the hours
they work to 2,080 hours.
Article 5. Saecial Pav
Section 1. Tuition Reimbursement
A. The actual cost paid for tuition, books and required technical supplies and equipment, to
a maximum of $1,500 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 rating on his/her last performance
report;
2. The subject matter of the course relates directly to and contributes toward the
performance of the employee's position with the City;
3. The employee submits a Request for Tuition Reimbursement form to the department
Director and Human Resources within three (3) weeks after the beginning of the
course. The form shall be accompanied by a description of the course provided by
the education institution (e.g., course catalog description), which describes the
course content; and
15
4. Before receiving reimbursement the employee shall furnish proof of payment and
evidence that he/she has completed the course with:
a. 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, or
b. a "pass" or"credit" for those classes where a pass/fail or crediUno credit grading
system is used.
B. Regular City employees may also request reimbursement for actual cost paid for tuition,
books and required technical supplies and equipment, to a maximum of $1,500 per fiscal
year per employee, for courses that result in the issuance of Continuing Education Units
(CEUs) or Continuing Education contact hours required for certification renewal, so long
as:
1. The employee has received at least a satisfactory rating on his/her last performance
report;
2. The subject matter of the course relates directly to and contributes toward the
performance of the employee's position with the City;
3. The employee submits the Request for Tui#ion Reimbursement to the department
Director and Human Resources prior to the course. The employee shall include with
the Request a description of the course from the provider offering the course,
demonstrating that the course is acceptable for continuing education contact hours.
Failure to obtain preapproval risks that the course is deemed ineligible and the
employee cannot be reimbursed; and
4. Prior to receiving reimbursement, the employee shall furnish proof of payment,
evidence that he/she has completed the course, and verification or proof that all
eligible CEUs or contact hours were earned and awarded for the course.
Section 2. Uniforms and Eauiament
The City will provide and maintain all uniforms that are required by the City for management
employees in Public Works, Safety Services, and Community Senrices. Employees of Public
Works, Development Services, and Community Services, who are required to wear safety
shoes, will be reimbursed a maximum of$170 per fiscal year.
Uniform allowance as defined by the California Public Employees Retirement System
(CaIPERS) is a form of "compensation" for "classic members" of CaIPERS for CaIPERS
purposes only. As such, any uniform allowance or the value of uniforms provided by the City
will be reported to CaIPERS as part of the employee's annual gross income for purposes of
computing the employee's and City's CaIPERS contribution. Under the California Public
Employees' Pension Reform Act (PEPRA), a uniform allowance or the value of uniforms is not
considered pensionable compensation for"new members"of CaIPERS.
16
Section 3. Actinq Pav
A. Groups 1-3- Management
An employee acting for an uninterrupted period of thirty (30) or more calendar days in a
higher classification or rank, will be compensated at the rate of pay for that higher
classification or rank after the expiration of thirty (30) calendar days. This provision does
not apply to bona fide education, training and development, job enlargement, or job
enrichment.
B. Group 4- Confidential
1. Out-of-Class Assignment
An out-of-class assignment is a temporary assignment of a regular employee to an
authorized classification at a higher level of pay that requires the employee to perform the
full range of duties of the higher classification. Employees who perform the full range of
duties of a higher level position for eighty (80) or more consecutive working hours, in
which there is no appointed incumbent or in which the incumbent is on paid or unpaid
leave, shall be compensated at the A step rate of pay for the higher level position.
Payment snall be retroactive to the first day of such services. The full range of duties of
the higher-level position shall be specifically assigned in writing via the Out-of-Class
Assignment form and signed by the department Director or his/her designee. Under no
circumstances shall the rate of compensation be less than five percent (5%) above the
employee's current rate of pay.
Once the initial out-of-class terminates, the eighty (80) hour consecutive work hour
elimination period will be waived for any additional out-of-class assignments that occur
within the calendar year, provided that the employee is working in the same out-of-class
classification regardless of work area assignment.
Service in an out-of-class assignment shalt not alter an employee's performance
evaluation date.
2. Consecutive Hours Worked
For purposes of determining the period of eighty (80) consecutive work hours, paid
holidays, vacation, and sick leave will apply toward hours worked.
3. Nature of Assignment
At the conclusion of such an assignment, the employee shall be restored to his/her former
classification regardless of the time involved. This provision shall not apply to bona fide
education, training and development, job enlargement or enrichment. The employee will
be notified in advance as to the nature of this assignment.
Section 4. Phvsical Examinations
Physical examinations required by the City as a condition of employment or continued
employment shall be paid for by the City.
17
Section 5. Travel Expenses
A. Group 1-2A- Management
An automobile allowance in lieu of mileage shall be allocated in the amount of $300 and
$160 per month for personnel in Groups 1 and 2A, respectively. The automobile allowance
is not applicable to employees who have been assigned a City vehicle. The City Manager
may grant a$160 per month automobile allowance to employees outside Groups 1 and 2A
when, in his/her best judgment, it serves the City. The City Manager may at his/her
discretion increase the $160 per month automobile allowance by a maximum of $100
based upon excessive driving requirements for an individual position.
B. Groups 26, 3 and 4- Management/Confidential
1. Prior approval of the department Director and final approval of the City Manager shall
be required prior to reimbursement for travel expenses.
2. Employees using their own vehicle on approved City business travel will be
reimbursed at the approved IRS reimbursement rate.
3. Employees on approved official business away from the City will be reimbursed for
actual and necessary expenses incurred, in accordance with the City's Travel and
Meeting Reimbursement policy.
4. In order to be reimbursed, employees must inctude original receipts for all expenses
with the reimbursement claim form.
5. Advances of travel expenses may be allowed at the sole discretion of the City
Manager.
Article 6. Service
Section 1. Transfers
An employee transferring from this group to a recognized employee unit shall maintain all pay
and benefits accrued in this group, and upon the effective date of transfer thereafter are
governed by the provisions of any policy and/or agreement in effect for such other recognized
employee unit.
Section 2. Lavoff and Reemplovment
Groups 1 —3—Management and Group 4—Confidential
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.
Whenever it becomes necessary to reduce the number of employees in any classification, the
order of the layoff shall be as follows:
In order of seniority, the employee with the shortest service in total City service in the affected
classification shall be laid off first.
18
A. In the event of two (2) or more employees having identical total.City service seniority, the
order of the layoff will be determined by length of continuous service in the affected
classification.
B. Whenever two (2) or more employees have identical service in the affected classification,
the order of the layoff shall be determined by the City Manager on the basis of
performance.
C. Employees to be laid off in a particular classification have the right to demote to a lower
classification to a position previously held with the City for which the employee meets the
minimum qualifications, is capable of pertorming the essential functions of the position,
and has City seniority over other employees in the lower classification. This will also apply
to employees to be laid off in a particular classification who have demoted from a higher
classification due to non-disciplinary reasons. Such employees shall be placed on the
seniority list for the higher classification provided they still meet the minimum
qualifications, are capable of performing the essential functions of the position, and have
City seniority over other employees in the higher classification.
D. The name of each laid-off employee shall be placed on a reemployment list for a period of
12 months in reverse order of the layoff. Employees who are laid off who have received
two out of three consecutive annual performance evaluations which are rated below
standards or needs improvement will be placed at the bottom of the reemployment list in
reverse order of the layoff.
Section 3. Resipnations
An employee in this group wishing to resign in good standing shall file with their immediate
supervisor a written resignation stating the effective date and reasons for resignation at least
fourteen (14) calendar days prior to the effective date of resignation.
The City will pay an employee for all hours worked on the next regular payday after resignation,
and thereafter will pay all accumulated reimbursable benefits as early as feasible.
An employee who has resigned with a good record will be given preferential consideration for
rehire if a position is available and he/she participates in the recruitment process for the
position. 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.
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.
19
Article 7. Retirement and Social Securitv
Section 1. CaIPERS
The City will provide retirement benefits through the California Public Employees' Retirement
System (CaIPERS). The City does not participate in the Social Security System, except as
required by law.
The use of the terms "classic member" and "new member" shall be as defined in the Cal"rfornia
Public Employees' Pension Reform Act of 2013 (PEPRA) and those rules and regulations
adopted by CaIPERS to implement PEPRA.
"Classic members" are those members who entered into membership with a retirement system
on or before December 31, 2012 who do not meet the definition of "new member" in
Government Code section 7522.04(f).
A"new member" is defined in Government Code section 7522.04(f)as any of the following:
1. An individual who becomes a member of any public retirement system for the
first time on or after January 1, 2013, and who was not a member of any other
public retirement system prior to that date; or
2. An individual who becomes a member of a public retirement system for the first
time on or after January 1, 2013, and who was a member of another public
retirement system prior to that date, but who was not subject to reciprocity under
subdivision (c) of Govt. Code 7522.02; or
3. An individual who was an active member in a retirement system and who, after a
break in service of more than six months, returned to active membership in that
system with a new employer.
For emalovees hired on or before December 31, 2011 and considered "classic members"
as defined above:
Effective pay period beginning July 11, 2011, each employee in this unit will contribute seven
percent (7%) of his/her PERSable salary (excluding overtime) on a pre-tax basis towards the
"member contribution� portion of their CaIPERS retirement account.
The City will provide under its contract with CaIPERS the following provisions:
1. The Indexed Level 1959 Survivors Benefits;
2. The retirement benefit of 2%-at-55 formula; and
3. The One Year Final Compensation option.
For emalovees hired after December 31. 2011 and considered "classic members" as
defined above:
The City amended its contract with CaIPERS to create a second-tier retirement plan effective
January 1, 2012. The second-tier will apply to those employees hired after December 31, 2011
and considered"classic members."The second-tier provides:
1. The retirement benefit of 2%-at-60 formula;
2. The Indexed Level 1959 Survivors Benefits; and
3. Average of three highest years' compensation.
20
An employee in the second-tier will contribute seven percent (7%) of his/her PERSable salary
(excluding overtime) on a pretax basis towards the "member contribution" portion of their
CaIPERS retirement account.
For emalovees hired on or after Januarv 1, 2013 and considered "new members" as
defined above:
City will provide under its contract with CaIPERS:
1. The retirement benefit of 2%-at-62 formula; and
2. Average of three highest years' compensation.
Effective with the pay period including July 1, 2013, employees considered "new members"shall
pay 50% of the "normal cosY' (as determined by CaIPERS annually). Currently, 50% of the
"normal cost" is six and one-quarter percent (6.25%), which the "new member" employee will
contribute on a pre-tax basis.
Section 2. PARS
A. Upon retirement from the City concurrent with retirement under CaIPERS, the City also
provides a supplemental retirement benefit through the Public Agency Retirement System
(PARS) to non-safety members of Groups 1-4 hired on or before December 31, 2011.
When combined with CaIPERS, this is equivalent to the 2.7%-at-55 formula retirement
benefit. For employees hired on or after March 28, 2008, this benefit shall only apply to
years of service with the City of Poway. For employees hired before March 28, 2008, this
benefit applies to Poway and all prior CaIPERS or reciprocal service with previous public
agencies.
B. The PARS supplemental benefit applies as follows:
1. Non-Safety Group 1:
a. is at least 55 years of age; and
b. has completed at least 5 years of continuous service with the City, or if hired prior
to July 1, 2004 has completed at least 5 years of service with the City.
2. Non Safety Group 1:
a. was an employee of the City on or before March 28, 2008;
b. is at least 50 years of age; and
c. has completed at least 20 years of continuous service with the City, or if hired
prior to July 1, 2004 has completed at least 20 years of service with the City.
3. Non-Safety Groups 2-3:
a. is at least 55 years of age; and
b. has completed at least 10 years of continuous service with the City, or if hired
prior to July 1, 2004 has completed at least 10 years of service with the City.
4. Group 4 if hired before March 28, 2008:
a. is at least 55 years of age; and
b. has completed at least 10 years of continuous service with the City, or if hired
prior to July 1, 2004 has completed at least 10 years of service with the City.
21
5. Group 4 'rf hired on or after March 28, 2008:
a. is at least 55 years of age; and
b. has completed at least 20 years of continuous service with the City, or if hired
prior to July 1, 2004 has completed at least 20 years of service with the City.
C. The PARS supplemental benefit is not available to employees hired after
December 31, 2011.
Article 8. Personnel Rules
All other employee rights, privileges, and benefits are included in the Personnel Rules of the
City of Poway.
22
Salary Schedule for Classi�cations within the Management/Confidential Group
Effective beginning the first payperiod that inciudes July 1,2013
1�an9e F►PProx.Mordhly
cation Title Nurttbe� Ssla Ran Ste A S'�ep B C St D SteR E
Ci Manager ; j 19,018 �
1 Exem ,4�Wif1
ssistant City Manager i 92.5 � 12,419-15,095; 71.6483 ; 75.2308 � 78.9922 j 82.9419 ; 87.0858
Director of Administrative Services 87.5 ; 10,315-12,538� 59.5084 ; 62.4838 � 65.6080 68.8885 , 72.3329
Director of Community Services ; 87.5 � 10,315-12,538; 59.5084 ' 62.4838 i 65.6080 � 68.8885 � 72.3329
Director of Development Services ' 88.5 ; 11,250-13,6731 64.9039 : 68.1491 ; 71.5566 75.1344 � 78.8816
Director of Public Works 88.5 11,250-13,673; 64.9039 ; 68.1491 ; 71.5566 75.1344 ; 78.8816
� Director of Safety Services ; 88.5 � 11,250-13,673; 64.9039 ; 68.1491 ; 71.5566 75.1344 ; 78.8816
2A A�WaI
ssist. Director of Administrative Senrices' 82.5 ; 8,826-10,730; 50.9213 ':. 53.4673 � 56.1407 58.9477 ; 61.9029
City Clerk ' 78.5 � 7,797-9,4781 44.9820 � �47.2311 ; 49.5927 , 52.0723 1 54.6790
City Engineer 84.5 ; 9,270-11,269I 53.4813 � 56.1553 ; 58.9631 i 61.9112 65.0125
City Planner i 82.5 E 8,826-10,730� 50.9213 ; 53.4673 ; 56.1407 58.9477 61.9029
Community Services Manager 78.5 7,797-9,478 44.9820 ; 47.2311 ! 49.5927 52.0723 j 54.6790
Economic Development Manager i 78.5 ! 7,797-9,478I 44.9820 ' 47.2311 i 49.5927 52.0723 54.6790
Finance Manager 78.5 ' 7,797-9,478; 44.9820 � 47.2311 � 49.5927 52.0723 � 54.6790
Fire Division Chief(not at-will) ; 82.5 ' 8,826-10,730 50.9213 i 53.4673 ' 56.1407 58.9477 ' 61.9029
Human Resources Manager 78.5 � 7,797-9,478� 44.9820 ': 47.2311 ; 49.5927 52.0723 � 54.6790
Information Technology Manager 78.5 7,797-9,478 44.9820 ! 47.2311 ; 49.5927 52.0723 54.6790
Principat Civil Engineer � 84 ; 8,591 -10,442� 49.5608 � 52.0421 ; 54.6404 57.3717 60.2426
Public Works Operations Manager 1 78.5 ; 7,797-9,478i 44.9820 47.2311 ! 49.5927 52.0723 54.6790
Public Works Utilities Manager ; 78.5 7,797-9,478' 44.9820 � 47.2311 ; 49.5927 52.0723 i 54.6790
�
ssociate Civil Engineer ' 71.5 � 6,449-7,839 37.2081 ; 39.0685 j 41.0219 43.0730 ! 45.2266
ssociate Planner 64 ! 5,243-6,373� 30.2457 � 31.7599 ; 33.3455 � 35.0122 � 36.7645
Information Technology Analyst 65 { 5,374-6,532i 31.0018 ; 32.5539 ; 34.1791 35.8875 ' 37.6836
Legislative Services Administrator � 75 ; 6,879-8,361 39.6848 ; 41.6716 { 43.7521 45.9391 � 48.2380
Management Malyst � 65 5,374-6,532; 31.0018 ' 32.5539 ; 34.1791 , 35.8875 , 37.6836
Network Administrator 69 5,931 -7,210; 34.2201 ; 35.9333 ' 37.7273 39.6131 ' 41.5956
Senior Accountant ' 68 5,787-7,034; 33.3855 ; 35.0569 ; 36.8071 ; 38.6469 ; 40.5811
Senior Civil Engineer 78.7 7,879-9,577; 45.4582 ; 47.7311 � 50.1177 ! 52.6236 ! 55.2547
Senior Code Compliance Officer ; 62 ': 4,990-6,065i 28.7883` 302296 ! 31.7387 ; 33.3251 34.9930
Senior Fire Safety Inspector 66 5,508-6,695; 31.7768 � 33.3677 ; 35.0336 ; 36.7847 ; 38.6257
Senior Management Analyst 9 5,931 -7,210'. 34.2201? 35.9333 ; 3- 7.7273? 39.6131 ! 41.5956
Senior Planner 70 6,080-7,390' 35.0756 ; 36.8316 � 38.6705 ; 40.6034 ' 42.6355
Special Projects Engineer � 69 5,931 -7,210; 34.2201 J 35.9333 37.7273 i 39.6131 ; 41.5956
Senior Recreation Supervisor 62 4,990-6,065; 28.7883 �30.2296 : 3 31 7 87 33.3251 j 34.9930
Senior Traffic Engineer �� 78.7 � 7,879-9,577� 45.4582 ;� 47.7311 50.1177 ; 52.6236 ; 55.2547
Utilities Administrator ` ' 75� 6,879-8,361; 39.6848 ;_v 41.6716 : 43.7521 � 45.9391 ' 48.2380
ater Treatmerrt Plant Supenrisor � 72 � 6,388-7,764: � 36.8513 : 38.6962 40.6282 ; 42.6590 ;w 44.7939
ater Utilities Distribution Su ervisor 72� �6,388-7,764� 36.8513 38.6962 : 40.6282 j 42.6590 � 44.7939
Exhibit A
Effective beginning the first period that includes July 1,2013
Rart�e aPProx.Morrthly
Class`�ication T�te Number Ran S�e A B G D Step E
Group 3 Nan-'Exempt
ccountant � 58.5 � 4,731 -5,751; 27.2918 28.6563 i 30.0892 31.5936 '• 33.1804
ssessment District Specialist 4 58 4,521 -5,495 26.0808 27.3865 � 28.7538 � 30.1909 31.7019
ssistant Engineer � 65 ; 5,374-6,532 31.0018 32.5539 � 34.1791 ; 35.8875 � 37.6836
ssistant Planner ; 61 i 4,868-5,918; 28.0861 . 29.4923 30.9646 32.5123 � 34.1395
Code Compliance Officer ! 58 � 4,521 -5,495, 26.0808 ; 27.3865 1 28.7538 30.1909 � 31.7019
Construction Maintenance Supervisor 62 ; 4,990-6,065� 28.7883 30.2296 j 31.7387 33.3251 � 34.9930
Customer Services Supervisor 56 ! 4,303-5,230 24.8241 26.0668 ; 27.3683 28.7361 ; 30.1743
Fire Safety Inspector � 60.5 5,083-6,1761 29.3230 30.7891 I 32.3286 33.9450 ; 35.6334
Fleet Maintenance Supervisor 64 5,243-6,373 30.2457 ; 31.7599 33.3455 � 35.0122 , 36.7645
Management Assistant 61 ; 4,868-5,918� 28.0861 29.4923 � 30.9646 32.5123 34.1395
Parks Maintenance Supervisor� ��4 5,243-6,373 30.2457 ; 31.7599 33.3455 � 35.0122 , 36.7645
Public Works Supervisor � 62 ; 4,990-6,065 28.7883 , 30.2296 � 31.7387 ' 33.3251 ; 34.9930
Recreation Supervisor ; 56 4,303-5,230 24.8241 ; 26.0668 27.3683 j 28.7361 ' 30.1743
Utility Systems Supervisor " 70 � 6,080-7,390 35.0756 36.8316 38.6705 40.6034 j 42.6355
astewater Utilities Supervisor j 64 i 5,243-6,373 30.2457 31.7599 33.3455 35.0122 j 36.7645
4 Ncn-F�oercEpt
dministrative Assistant III j 45 3,279-3,986 18.9196 19.8666 � 20.8585 21.9011 ' 22.9973
Human Resources Assistant + 47 , 3,445-4,188, 19.8774 20.8724 21.9145 23.0098 ; 24.1615
Human Resources Technician I 53 , 3,996-4,857 23.0516 24.2056 , 25.4142 26.6843 � 28.0198
Human Resources Techniaan II 57 ! 4,410-5,361 25.4447 26.7185 28.0525 29.4545 ` 30.9287
Senior Administrative Assistant ; 49 ; 3,620-4,400 20.8837 � 21.9291 i 23.0240 24.1746 25.3846
Exhibit A
Salary Schedule for Classifications within the Management/Confidential Group
Effective beginning the frst payperiod that includes July 1,2014
Range Approx.Mar�thly
Classificatian T�le l�urr�ber � Ran Ste A Ste B S C St$p D S E
Ci Manager ! 19,398 �
up 1 Eu A�-W�ll
ssistant City Manager � 92.5 ' 12,667-15,397! 73.0813 � 76.7354 :: 80.5720 ! 84.6007 ; 88.8275
Director of Administrative Services 87.5 � 10,521 -12,788; 60.6986 � 63.7335 i 66.9202 � 70.2663 ; 73.7796
Director of Community Services 87.5 , 10,521 -12,7885 60.6986 � 63.7335 : 66.9202 I 70.2663 '� 73.7796
Director of Development Services 88.5 � 11,475-13,946; 66.2020 ; 69.5121 ' 72.9877 ; 76.6371 : 80.4592
Director of Public Works 88.5 1 11,475-13,9461 662020�69.5121 , 72.9877 ; 76.6371 : 80.4592
Director of Safety Services � 88.5 ; 11,475-13,946; 66.2020 ; 69.5121 rt 72.9877 i 76.6371 ; 80.4592
ro 2A Execrt A�Wr�I
ssist. Director of Administrative Services 82.5 ' 9,003-10,944' 51.9397 54.5366 � 57.2635 i 60.1267 � 63.1410
City Clerk 78.5 ' 7,953-9,667� 45.8816 ' 48.1757 ` 50.5846 ! 53.1137 ; 55.7726
City Engineer 84.5 9,455-11,494! 54.5509 � 57.2784 ; 60.1424 ; 63.1494 i 66.3128
City Planner ( 82.5 9,003-10,944� 51.9397 � 54.5366 ; 57.2635 i 60.1267 ` 63.1410
Community Services Manager , 78.5 ' 7,953-9,667� 45.8816 48.1757 ; 50.5846 ; 53.1137 j 55.7726
Economic Development Manager 78.5 i 7,953-9,667; 45.8816 ; 48.1757 ! 50.5846 ; 53.1137 ; 55.7726
Finance Manager 78.5 7,953-9,6671 45.8816 : 48.1757 ' S0.5846 � 53.1137 '; 55.7726
Fire Division Chief(not at-will) � 82.5 I 9,003-10,944� 51.9397 = 54.5366 � 57.2635 ' 60.1267 I 63.1410
Human Resources Manager 78.5 7,953-9,667 45.8816 ' 48.1757 ' 50.5846 � 53.1137 i 55.7726
Information Technology Manager 78.5 7,953-9,6671 45.8816 ! 48.1757 50.5846 I 53.1137 55.7726
Principal Civil Engineer 84 i 8,763-10,651 50.5529 ; 53.0831 ' 55.7351 I 58.5200 i 61.4477
Public Works Operations Manager 78.5 7,953-9,667! 45.8816 ; 48.1757 ; 50.5846 ; 53.1137 ! 55.7726
Public Works Utilities Manager � 78.5 � 7,953-9,667; 45.8816 ; 48.1757 ; 50.5846 j 53.1137 ; 55.7726
2B E�t
ssociate Civil Engineer � 71.5 j 6,578-7,996� 37.9523 ; 39.8499 � 41.8423 ` 43.9345 : 46.1311
ssociate Planner 64 � 5,348-6,500 30.8510 � 32.3951 ; 34.0136 ; 35.7131 � 37.4997
Information Technology Analyst 65 5,481 -6,662; 31.6223 ; 33.2050 � 34.8639 � 36.6059 ; 38.4372
Legislative Services Administrator ; 75 ; 7,016-8,529I 40.4791 � 42.5053 � 44.6288 ; 46.8586 � 49.2029
Management Analyst 65 5,481 -6,662; 31.6223 � 33.2050 ' 34.8639 � 36.6059 ; 38.4372
Network Administrator 69 6,050-7,354' 34.9051 ' 36.6522 ! 38.4832 ' 40.4060 42.4275
Senior Accountant j 68 5,903-7,175 34.0538 � 35.7582 j 37.5446 ' 39.4205 ; 41.3927
Senior Civil Engineer� ~� ; 78.7 j 8,037-9,769� 46.3674 � 48.6857 , 51.1201 ; 53.6761 ' �56.3598
Senior Code Compliance Officer ; 62 ; 5,090-6,187; 29.3644� 30.8341 32.3746 : 33.9922� 35.6928
Senior Fire Safety Inspector I 66 5,618-6,829: 32.4129 ; 34.0351 . 35.7355 ; 37.5210 _ 39.3981
Senior Management Analyst ` 69 ' 6,050-7,354; 34.9051 , 36.6522 , 38.4832 j 40.4060� _ 42.4275
Senior Planner ? 70 ' 6,201 -7,538; 35.7777 ± 37.5685 ; 39.4453 ; 41.4162 43.4882
Special Projects Engineer 69 6,050-7,354" 34.9051 ' 36.6522� 38.4832 ; 40.4060 42.4275
Senior Recreation Supervisor_ ; 62 5,090-6,18T, 29.3644 _ 30.8341 �__ 32.3746 ': 33.9922 35.6928
Senior Traffic Engineer 78.7 8,037-9,769� 46.3674 � 48.6857 51.1201 ; _ 53.6761 :__ 56.3598
Utilities Administrator 75 � 7,016-8,529i 40.4791 � 42.5053 ' 44.6288 � 46.8586 :_ 49.2029
ater Treatment Plant Supervisor ;` 72 ! 6,515-7,920f 37.5889 ; 39.4704 : 41.4422 43.5129 T 45.6898
ater Utilities Distribution Supervisor 72 � 6,515-7,920! 37.5889 ' 39.4704� 4 2441 2 43.5129 , 45.6898
Exhibit A
Effective be inning the first pa pe�iod that includes Juty 1,2014
Range Approx Monthly
Classification T�#e Nurr�ber Sa� A . S�e B S"�ep C Ste D Step E
Group 3 Non-Exempt
ccountant ' 58.5 4,825-5,866 27.8376 i 29.2294 ' 30.6910 i 322255 ; 33.8440
ssessment District Specialist � 58 i 4,611 -5,605 26.6027 27.9341 ' 29.3298 ' 30.7952 ' 32.3359
istant Engineer 65 5,481 -6,662 31.6223 , 33.2050 ; 34.8639 ; 36.6059 � 38.4372
ssistant Planner 61 i 4,966-6,036 28.6482 ; 30.0820 ; 31.5850 i 33.1631 � 34.8222
Code Compliance Officer i 58 ' 4,611 -5,605� 26.6027 � 27.9341 ; 29.3298 ! 30.7952 � 32.3359
Construction Mairrtenance Supervisor ' 62 � 5,090-6,187 29.3644 ; 30.8341 ; 32.3746 's, 33.9922 � 35.6928
Customer Services Supervisor 56 4,389-5,335 25.3209 ; 26.5881 ; 27.9165 � 29.3113 � 30.7778
Fire Safety Inspector ! 60.5 � 5,184-6,300' 29.9095 ( 31.4049 ; 32.9752 ' 34.6239 � 36.3461
Fleet Mairrtenance Supervisor 64 i 5,348-6,500 30.8510 j 32.3951 ' 34.0136 ; 35.7131 � 37.4997
Management Assistant � 61 � 4,966-6,036' 28.6482 � 30.0820 ; 31.5850 � 33.1631 � 34.8222
Parks Maintenance Supervisor ; 64 , 5,348-6,500� 30.8510 � 32.3951 i 34.0136 i 35.7131 ; 37.4997
Public Works Supervisor 62 1 5,090-6,187 29.3644 ; 30.8341 32.3746 j 33.9922 35.6928
Recreation Supervisor 56 4,389-5,335 25.3209 + 26.5881 ; 27.9165 � 29.3113 30.7778
Utility Systems Supervisor ; 70 � 6,201 -7,538 35.7777 ; 37.5685 : 39.4453 i 41.4162 � 43.4882
astewater Utilities Supervisor j 64 5,348-6,500 30.8510 ; 32.3951 i 34.0136 35.7131 ! 37.4997
Gro�p 4 Non-.Exerrfpt
dministrative Assistant 111 � 45 � 3,345-4,066 19.2981 ; 20.2639 i 21.2764 i 22.3393 � 23.4571
Human Resources Assistant 47 ; 3,514-4,272 20.2751 . 21.2898 ; 22.3535 23.4702 24.6446
Human Resources Technician I 53 ; 4,076-4,954 23.5130 ' 24.6897 25.9232 27.2184 ; 28.5802
Human Resources Techniaan II 57 4,499-5,468 25.9539 : 27.2528 ; 28.6144 30.0441 i 31.5472
Senior Administrative Assistant j 49 3,692-4,488 21.3016 ; 22.3676 j 23.4851 , 24.6584 ; 25.8922
Exhibit A