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Res 00-071-- RESOLUTION NO. 00-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA AMENDING AND EXTENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE CALIFORNIA TEAMSTERS LOCAL 911 REPRESENTING THE NON-SAFETY EMPLOYEES AND RESCINDING RESOLUTION NO. 96-024 WHEREAS, representatives of the California Teamsters Local 911 have met and conferred in good faith with representatives of the City of Poway in accordance with Government Code Section 3500 in an attempt to reach a memorandum of understanding regarding wages, hours, and other terms and conditions of employment; and WHEREAS, as a result of these meetings a recommended amendment to the memorandum of understanding has been jointly prepared; and WHEREAS, the City Council of the City of Poway wishes to extend the term of said memorandum of understanding; and WHEREAS, the City Council of the City of Poway wishes to adopt the said memorandum of understanding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: That the Memorandum of Understanding, as amended and extended to June 30, 2004, between the City of Poway and the California Teamsters, Local 911, which has been affixed to this resolution and marked Exhibit A, is hereby adopted. That Resolution No. 96-024 are hereby rescinded. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting thereof this 18th day of July 2000. ATTEST: L~ri ~nne 15eoples, City C~rk v Michael P. C~ i, Mayor n:\city\admnserv\director\personel\911 mou.res Resolution No. Page 2 00-071 STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 00- 07:1 was duly adopted by the City Council at a meeting of said City Council held on the 18th day of July 2000, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE Lorj Anne Peoples, ~i~-y-Cr~er~- EXHIBIT A MEMORANDUM OF UNDERSTANDING BETVVEEN THE CITY OF POWAY AND THE NON-SAFETY EMPLOYEES Effective July 1, 2000 Memorandum of Understanding (Non-Safety) Table of Contents PART I. FULL-TIME EMPLOYEES ARTICLE 1. GENERAL 1. Purpose ..................................................... 1 2. Scope ...................................................... 1 3. General Provisions .......................................... 1-3 A. City Employer/Employee Relations Resolution ................... 1 B. City Affirmative Action Resolution ............................. 1 C. Construction ............................................. 2 D. City Rights .............................................. 2 E. Employee Rights .......................................... 2 F. City Procedures ........................................ 2-3 1. Unit Determination ..................................... 2 2. Jurisdictional Disputes .................................. 2 3. Awards ............................................. 2 4. Time Spent for Meet & Confer and Grievances ............... 2 5. Access to Work Location ................................ 2 6. Use of City Facilities ................................... 3 7. Availability of Data ..................................... 3 8. Bulletin Board Space ................................... 3 G. Layoffs .................................................. 3 ARTICLE 2. SEVERABILITY AND SAVINGS ..................................... 4 ARTICLE 3. SYMPATHY ACTION ............................................. 4 ARTICLE 4. DURATION OF AGREEMENT ...................................... 4 ARTICLE 5. WAGES ...................................................... 4-8 ARTICLE 6. LEAVES 1. Vacation ................................................. 9-10 2. Sick Leave .............................................. 10-11 3. Holidays ................................................ 11-12 4. Benefit Days ................................................ 12 5. Bereavement Leave ....................................... 12-13 ARTICLE 7. ARTICLE 8. ARTICLE 9. ARTICLE 10. ARTICLE 11. ARTICLE 12. ARTICLE 13. ARTICLE 14. ARTICLE 15. PAYROLL AND WORK WEEK 1. General ................................................... 13 2. Overtime .................................................. 14 3. Compensatory Time Off (CTO) ................................. 14 4. Deductions .............................................. 14-15 5. Flexible Work Hours .......................................... 15 BENEFITS 1. Hospital and Medical ......................................... 15 2. Eye Care .................................................. 15 3. Life Insurance ............................................... 15 4. Long Term Disability Income Insurance ........................... 16 5. Flexible Benefits Program ..................................... 16 6. Deferred Compensation ....................................... 16 SPECIAL PAY 1. Tuition and Reimbursement .................................... 17 2. Uniforms and Equipment ................................... 17-18 3. Meal Allowance ............................................. 18 4. Travel Expenses ......................................... 18-19 5. On-Call Time ............................................ 19-21 6. Shift Differential ........................................... 21-22 7. Call-Back Time .............................................. 22 SERVICE 1. Probation .................................................. 22 2. Safety ..................................................... 23 3. Temporary Assignment to A Higher Level Vacancy .................. 23 4. Meal and Rest Pedods ........................................ 23 5. Transfers .................................................. 24 6. Reassignment .............................................. 24 7. Layoff and Reemployment ..................................... 24 8. Resignations ................................................ 25 GRIEVANCE PROCEDURE 1. Purpose ................................................... 25 2. Scope ..................................................... 25 3. Procedure ................................................. 26 4. Conduct of Procedure ..................................... 26-27 RETIREMENT AND SOCIAL SECURITY ............................. 27 PERSONNEL RULES ........................................... 27 JOB ACTIONS ................................................ 27 AMERICANS WITH DISABILITIES ACT ............................. 27 PART II. PART-TIME EMPLOYEES ARTICLE 1. GENERAL .................................................... 28 ARTICLE 2. SEVERABILITY AND SAVINGS ................................... 28 ARTICLE 3. SYMPATHY ACTION ............................................ 28 ARTICLE 4. DURATION OF AGREEMENT ..................................... 28 ARTICLE 5. WAGES ................................................... 28-29 ARTICLE 6. LEAVES 1. Vacation ................................................ 29-30 2. Sick Leave .............................................. 30-31 3. Holidays ................................................... 31 ARTICLE 7. PAYROLL AND WORK WEEK 1. General ................................................... 32 2. Overtime ................................................... 32 3. Compensatory Time Off .................................... 32-33 4. Deductions ................................................. 33 ARTICLE 8. BENEFITS 1. Hospital and Medical ......................................... 33 2. Eye Care ............................................... 33-34 3. Life Insurance .............................................. 34 4. Flexible Benefits Program ..................................... 34 5. Retirement and Social Security .................................. 34 ARTICLE 9. SPECIAL PAY 1. Tuition Reimbursement ..................................... 34-35 2. Uniforms and Equipment ...................................... 35 3. Meal Allowance .............................................. 36 ARTICLE 10. SERVICE 1. Probation .................................................. 36 2. Safety ..................................................... 36 3. Temporary Assignment to a Higher Level Vacancy ................ 36-37 4. Transfers .................................................. 37 5. Reassignment .............................................. 37 6. Layoff and Reemployment .................................. 37-38 7. Resignations ................................................ 38 ARTICLE 11. GRIEVANCE 1. Purpose ................................................... 38 2. Scope .................................................. 38-39 3. Procedure ................................................. 39 4. Conduct of Procedure ........................................ 40 ARTICLE 12. PERSONNEL RULES ........................................... 40 ARTICLE 13. JOB ACTIONS ................................................. 40 ARTICLE 14. AMERICANS WITH DISABILITIES ACT ............................. 40 ARTICLE 15. POSTING OF AGREEMENT ...................................... 40 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 Myers-Millias-Brown Act. This memorandum is hereinafter referred to as the Agreement between the City of Poway and the representatives chosen by the majodty of the members of the non-safety unit hereinafter referred to as the Representatives. This Agreement shall become effective when adopted by the City Council of the City of Poway. PART I. FULL-TIME EMPLOYEES Article 1. General Section 1. PurDose, Part I of this Agreement recognizes the 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 meet and confer, and the Representatives accept the duty of fair representation in meet and confer and under this Agreement. Section 2. SCODe. Meet and confer is limited to wages, hours, and other terms and conditions of employment, and shall not include any items not covered by this Agreement or adopted by reference in this Agreement or any subject preempted by Federal or State law. Amendments to this Agreement that are within the scope of meet and confer shall require prior meet and confer between the representatives and the City. Section 3. General Provisions. A. City Emoloyer-EmDIoyee Relations Resolution. The Representatives herein adopt by reference the City Employer-Employee Relations Resolution in its present form and as it may be from time to time amended by the City Council. B. City Affirmative Action Resolution. The Representatives herein adopt by reference the City Affirmative Action Resolution and the City Equal Employment Opportunity policy and any subsequent changes or amendments thereto. C. 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; then the trade or industry usage of the language shall be considered; then the intent of the parties shall be considered. City Riohts. 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 be~7,ause of lack of work or for other legitimate reasons; maintain the efficiency of operations; determine the methods, means and personnel by which operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work, E. Employee Rights. The City will make every effort to ensure that the rights of employees are protected. F. City_ Procedures. The Representatives recognize and hereby adopt by reference the following City procedures: 1. Unit Determination. The City reserves the privilege of establishing units for meet and confer. Jurisdictional Disputes. In the event of jurisdictional disputes 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. Time SDent for Meet and Confer and Grievi~n(;:¢$. The City allows reasonable time off without loss of benefits for a reasonable number of recognized representatives for the purpose of meet and confer and for grievance representation. Reasonableness is determined by the City Manager. Access to Work Location. Representatives of Employee Organizations may be allowed reasonable access to work location only after they have obtained permission of the City Manager. Employee 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 F, City Procedures. Use of City Facilities. Employee organizations may, with prior approval of the City Manager, be granted the use of City facilities during nonworking hours for meeting of City employees provided space is available, and provided further such meetings ara not used for organizational activities or membership drives of City employees. Availability of Data. The City will make available to employee organizations such nonconfidential information pertaining to employment relations as is contained in the public racords of the agency, subject to the limitations and conditions set forth herain and in the California Govemment Code. Such information shall be made available dudng regular off.Ice hours in accordance with the City's rules and proceduras for making public racords available and after payment for reasonable costs, whera applicable. Information which shall be made available to employee organizations includes ragularly 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 disclosura of which would constitute an unwarranted invasion of personal privacy or be contrary to City Policy; bo Working papers or memoranda which ara not ratained in the ordinary course of business or any racords whera the public interast served by not making the racord available clearly outweighs the public interast served by disclosura of the record; c. Records pertaining to pending litigations to which the City is a party, or to claims or appeals which have not been settled. Nothing herain shall be construed as raquidng the City to do rasearch for an inquirar or to do programming or assemble data in a manner other than usually done by the City. Bulletin Board SDace. 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, consistent with City policy. Layoffs. The City agrees to meet with the Union 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 ratain the final decision with respect to the classifications and number of employees to be laid off. Article 2. Severability 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. Article 3. Svmoathv Action Dudng the term of this Agreement, neither the Representatives nor any person or persons covered by this Agreement shall engage in any sympathy action or action of any type in support of any other unit or units, person or persons, or employee organizations not having an Agreement in effect with the City. Article 4. Duration of Au_reement This entire Agreement shall commence at 12:00 A.M. on July 1, 2000, and terminate at 11:59 P.M. on June 30, 2004. 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. Ao Article 5. Wa_ues Effective the first full pay period in July 2000, the salary schedule for all job classifications within the MOU will be increased by 4%. B. Effective the first full pay period in July 2001, the salary schedule for all job classifications within the MOU will be increased by 3.5%. C. Effective the first full pay period in July 2002, the salary schedule for all job classifications within the MOU will be increased by 3.5%. D. Effective the first full pay period in July 2003, the salary schedule for all job classifications within the MOU will be increased by 3.5%. E° The City will contract for and conduct a comprehensive classification and compensation study of at least all the positions in the bargaining unit in FY 2000-2001. Two members of the bargaining unit designated by the Union shall serve on any committee established for the purpose of reviewing proposals, selecting firms to be recommended to the City Council, and meeting with the consultant and City for review of the draft report. Upon completion of the report, the City agrees to meet and consult with the Union regarding the implementation of changes proposed by the study. In the event there is a significant increase or decrease in the cost of living during the life of this Agreement, the City agrees to meet with representatives of the Union to discuss the impact. Effective the first full pay period following July 1,2000, the salary schedule for all job classifications within the MOU will be increase by 4.0%. EFFECTIVE JULY 2000 Classification Title ; :~ Ran,~le NOI Account Clerk II 212.6 Account Clerk I 207.6 Administrative Secretary 228.1 Box Office Attendant 198.6 Computer Support TechniCian 223.1 Construction Maint. Wkr. II 221.6 Construction Maint. Wkr. I 211.6 Cross-Connect Control Maint Tech. Customer Services Worker Development Services Technician Dock Attendant Engineering Services InsPector Equipment Mechanic II 13.014 13.680 14.380 12.380 13.012 13.679 15.194 151971 16.789 11.314 11.893 12.501 14.456 15.195 15.972 14.239 14.968 15.733 12.886 13.543 14.237 241.6 17.388 18.277 19.213 226.6 14.969 15.734 16.539 227.6 15.118 15.892 16.706 169.4 8.537 8.974 9.433 255.2 19.922 20.940 22.013 252.7 19.426 20.420 21.465 ¸D I 15.114 14.379 17.647 13.141 16.789 16.538 14.965 20.195 17.385 17.559 9.915 23.138 22.560 20.420 16.538 Equipment Mechanic I 242.7 17.582 18.482 19.426 Facilities/Const. Maint. Wkr. 221.6 14.239 14.968 15.733 Ld Construction Maint Worker 236.6 16.543 17.388 18.277 19.213 Ld. Facilities Const. UainL Worker 236.6 16.543 i7~388 i8~277 191213 Lead cuStomer services worker 24i 16 17.388 i8.277 19.213 20.195 Lead Park Maintenance Worker 234,5 16.199 17.027 17.897 18.814 Lifeguard III 202.8 11.573 12.165 12.787 13.440 Lifeguard II/Swim Instructor 188.3 10.209 10.730 11.279 11.855 Lifeguard I 176.6 9.081 9.545 10.033 10.545 Materials Controller 227.6 15.118 15.892 16.706 17.559 Park Attendant II 166.1 8.178 8.595 9.034 9.496 Park Attendant I 161.1 7.778 8.176 8.594 9.033 Park Maintenance Worker II 219.5 13.942 14.657 15.4o7 16.195 Park Maintenance Worker I 209.5 12.616 13.262 13.940 14.652 Park Ranger 2i0.2 12.706 13.356 14.038 14.757 Planner/Estimator Control Inspector 241.6 '~71388 i8,277 19,213 20.195 Pool Manager 229.0 15.334 16.116 16.941 17.807 Public Services Maint./Const. InSp. 241.6 17.388 i8.277 19~213 20.195 Public Services Shop Clerk 202.7 111787 12.391 13.025 13.691 Receptionist. Part-time 198,6 11.314 11.893 12.501 i3.141 Records Secretary 203.6 11.894 12.503 13.142 13.813 Recreation Assistant 149.5 6.926 7.281 7.652 8.045 Recreation Interpretive Spec. 229.0 15.334 16.116 16.941 17.807 Recreation Leader II 187.8 10.157 101676 11.223 11.797 Recreation Leader I 167.8 8.316 8.742 9.189 9.658 Recreation Program COOrdinator 229.0 15.334 16.116 16.941 17.807 Secretary III 218.1 13.750 14,453 15.192 15.969 Secretary II 203.6 11.894 12.503 13.142 13.813 ~Secretary I 198.6 11.314 11.893 12.501 13.141 Senior Utilities System Tech. 262.1 21.345 22.436 23.584 24.789 Stage TechniCian 219.5 13.942 14.657 15.407 i6.195 Technical Theatre Coordinator 229.0 15.334 16.116 16.941 17.807 Theatre Volunteer Coordinator 229.0 15.334 16.116 16.941 17.807 [Jtilities System Mechanic 247,1 18.372 19.312 20.300 21.338 [Jtilities System Technician 252.1 19.314 20.302 21.340 22.431 ~Vater Treatment Plant Opt III 257.1 20.304 211341 22.433 23.581 ~Vater Treatment Plant OPr II 247.1 18.372 19.312. 20.300 21.338 ~Vater Treatment Plant Opr I 237.1 16.625 17.475 18.368 19.309 E 15.888 15.112 18.550 13.813 17.648 17.383 15.72~ 21.204 18.274 18.458 10.421 24.32¢ 23.71¢ 21.466 17.383 20.196 20.19~ 21.204 19.77~ 14.127 12.46£ 11.08? 18.45~ 9.985 9.495 17.022 15,403 15.510 21.204 18.718 21.204 14.390 13.813 14.520 8.456 18.718 12.400 10.154 18.718 16.786 14.520 131813 26.057 17.022 18.718 18.718 22.429 23.579 241787 22.429 20.297 Effective the first full pay period following July 1,2001, the salary schedule for all job classifications within the MOU will be increase by 3.5%. EFFECTIVE JULY 2001 Classification Title I Range No Account Clerk II 212.6 Account Clerk I 207.6 Administrative Secretary 228.1 Box Office Attendant 198.6 Computer Support Technician 223.1 Construction Maint. Wkr. II 221.6 Construction Maint. Wkr. I 211.6 Cross-Connect Control Maint Tech. 241.6 Customer Services Worker 226.6 Development Services Technician 227.6 Dock Attendant 169.4 Engineering Services Inspector 255.2 Equipment Mechanic II 252.7 Equipment Mechanic I 242.7 Facilities/Const. Maint. Wkr. 221.6 Ld Construction Maint Worker 236.6 Ld. Facilities Const. Maint. Worker 236.6 Lead Customer Services Worker 241.6 Lead Park Maintenance Worker 234.5 Lifeguard II 202.8 Lifeguard II/Swim Instructor 188.3 Lifeguard 176.6 Materials Controller 227.6 Park Attendant 11 166.1 Park Attendant I 161.1 Park Maintenance Worker II 219.5 Park Maintenance Worker I 209.5 Park Ranger 210.2 Planner/Estimator Control Inspector 241.6 Pool Manager 229.0 Public Services Maint./Const. Insp. 241.6 Public Services Shop Clerk 202.7 Receptionist, Part-time 198.6 Records Secretary 203.6 Recreation Assistant 149.5 Recreation nterpretive Spec. 229.0 Recreation Leader II 187.8 Recreation Leader I 167.8 Recreation Program Coordinator 229.0 Secretary III 218.1 Secretary I 203.6 Secretary I 198.6 Senior Utilities System Tech. 262.1 Stage Technician 219.5 Technical Theatre Coordinator 229.0 Theatre Volunteer Coordinator 229.0 LJtilities System Mechanic 247.1 Lltilities System Technician 252.1 Water Treatment Plant Opr III Water Treatment Plant Opt II Water Treatment Plant Opr I A I B I C I 13.469 14.159 14.883 12.813 13.467 14.158 15.726 16.530 17,377 11.710 12.309 12.939 14.962 15.727 16.531 14.737 15.492 16.284 13,337 14.017 14.735 17.997 18.917 19,885 15.493 16.285 17.118 15.647 16.448 17.291 8,836 9.288 9.763 20,619 21.673 22.783 20.106 21.135 22.216 18.197 19,129 20.106 14.737 15.492 16,284 17.122 17,997 18.917 17.122 17.997 18,917 17.997 18.917 19.885 16.766 17.623 18.523 11.978 12.591 13.235 10.566 11.106 11.674 9.399 9.879 10.384 15.647 16.448 17.291 8.464 8,896 9.350 8.050 8,462 8.895 14,430 15,170 15.946 13.058 13.726 14.428 13.151 13.823 14.529 17,997 18,917 19,885 15.871 16.680 17.534 17.997 18.917 19.885 12,200 12.825 13.481 11.710 12,309 12.939 12.310 12,941 13.602 7,168 7,536 7,920 15.871 16.680 17,534 10.512 11.050 11.616 8.607 9.048 9.511 15.871 16.680 17,534 14,231 14,959 15,724 12,310 12.941 13.602 11.710 12.309 12,939 22.092 23.221 24,409 14.430 15.170 15.946 15.871 16.680 17.534 15.871 16.680 17.534 19.015 19.988 21.011 19.990 21.013 22.087 257.1 21.015 22.088 23.218 247.1 19.015 19.988 21.011 237.1 17.207 18.087 19.011 D I 15.643 14.882 18.265 13.601 17.377 17.117 15.489 20.902 17.993 18.174 10.262 23.948 23.350 21.135 17.117 19.885 19.885 20.902 19.472 13.910 12.270 10.914 18.174 9.828 9.349 16.762 15.165 15.273 20.902 18.430 20.902 14.170 13.601 14.296 8.327 18.430 12.210 9.996 18.430 16.528 14.296 13.601 25.657 16.762 18.430 18.430 22.085 23.216 24.406 22.085 19.985 16.444 15.641 19.19~ 14.296 18.266 17.991 16.28C 21.94~ 18.91, 19.104 10.786 25.171 24.54£ 22.216 17.991 20.902; 20.902' 21,946 20.467 14.621 12.896 11.47511 19.1o411 10.332I 9.827 17.618I 15.942 16.053 21.946 19.373 21.946 14.894 14.296 15.028 8.752 19.373 12.834 10.509 19.373 17.374 15.028 14.296 26.969 17.618 19.373 19.373 23.214 24.4O4 25.655 23.214 21.007 Effective the first full pay period following July 1, 2002, the salary schedule for all job classifications within the MOU will be increase by 3.5%. EFFECTIVE JULY 2002 ClaSsification Title I aancje Not A I B I; C I Account Clerk II 212.6 Account Clerk I 207.6 Administrative Secretary 228.1 Box Office Attendant 198.6 Computer Support Technician 223.i Construction Maint. Wkr. II 221.6 Construction Maint. Wkr. I 211.6 Cross-Connect Control Maint Tech. 241.6 Customer Services Worker 226.6 Development Services Technician 227.6 Dock Attendant 169.4 13.941 14.654 15.404 13.262 13.939 14.653 16.276 17.109 17.985 12.120 12.740 13.391 15.486 i6.277 17.110 15.253 16.034 16.854 13.804 14.508 15.251 18.626 19.579 20.581 16.035 16.855 171717 16.195 17.024 17.896 9.145 9.613 10.105 Engineering Services Inspector 255.2 21.341 22.431 23.581 Equipment Mechanic II 252.7 20.810 21.874 22.994 ¸D I 16.190 15.403 18.904 14.077 17.985 17.716 16.031 21.633 18.623 18.810 10.621 24.786 24.167 Equipment Mechanic I 242.7 18.834 19.798 20.810 21.874 Facilities/Const. Maint. Wkr. 221.6 15.253 16.034 16.854 17.716 Ld Construction Maint Worker 236.6 17.721 18.626 19.579 20.581 Ld. Facilities Const. Maint. Worker 236.6 17.721 18.626 19.579 20.581 Lead Customer Services Worker 241.6 18.626 19.579 20.581 21.633 Lead Park Maintenance Worker 234.5 17.353 18.240 19.172 20.154 202.8 121397 13.031 13.698 14.397 Lifeguard Ill Lifeguard II/Swim Instructor 188.3 10.936 111494 12.082 121699 Lifeguard I 176.6 9.728 10.225 10.748 11.296 Materials Controller 227.6 16.195 17.024 17.896 18.810 Park Attendant II 166.1 8.760 9.207 9.677 10.172 Park Attendant I 161.1 81332 8.758 9.206 9.676 Park Maintenance Worker II 219.5 14.935 15.701 16.504 17.348 Park Maintenance Worker I 209.5 13.515 14.207 14.933 15.696 Park Ranger 210.2 13.611 14.307 i5.038 15.808 Planner/Estimator Control Inspector 241.6 18.626 19.579 20.581 21.633 Pool Manager 229.0 16.426 17.264 18.148 19.075 Public Services Maint./Const. Insp. 241.6 i8.626 19.579 20.581 21.633 202.7 12.627 13.274 13.953 14.666 Public Services Shop Clerk Receptionist, Part-time 198.6 12.120 12.740 13.391 14.077 Records Secretary 203.6 12.741 13.394 14.078 14.797 Recreation Assistant 149.5 7.419 7.800 8.197 8.618 Recreation Interpretive Spec. 229.0 16.426 17.264 18.148 19.075 Recreation Leader II 187.8 10.880 11.436 12.022 121637 Recreation Leader I 167.8 8.908 9.365 9.843 10.346 ~ecreation Program Coordinator 229.0 16.426 17.264 18.148 19.075 Secretary III 218.1 14.729 15.482 16.274 17.106 Secretary II 203.6 12.741 13.394 14.078 14.797 Secretary I i98.6 12.120 12.740 13.391 14.077 Senior Utilities System Tech. 262.1 22.865 24.034 25,264 26.555 Stage Technician 219.5 14.935 151701 16,504 17.348 Technical Theatre Coordinator 229.0 16.426 17.264 18.148 19.075 Theatre Volunteer Coordinator 229.0 16.426 17.264 18.148 19.075 Utilities System Mechanic 247.1 19.681 20.687 21.746 22.858 Utilities System Technician 252.1 20.690 21.748 22.860 24.029 Water Treatment Plant OPt III 257.1 21.750 22.861 24.031 25.261 Water Treatment Plant Opr II 247,1 19.681 20.687 21.746 22.858 Water Treatment Plant Opr I 237.1 17.809 18.720 19,676 201684 17.020 16.188 19.871 14.797 18.905 18.621 16.84~ 22.714 19.57~ 19.773 11.163 26.052 25.39~ 22.994 18.621 21.632 21.633 22.714 21.183 15.13~ 13.347 11.877 19.773 10.694 10.171 18.234 16.500 16.615 22.714 20.051 22.714 15.415 14.797 15.554 9.058 20.051 13.283 10.877 20.051 17.982 15.554 14.797 27.913 18.234 20.051 20.051 24.027 25.258 26.552 24.027 21.743 Effective the first full pay period following July 1, 2003, the salary schedule for all job classifications within the MOU will be increase by 3.5%. EFFECTIVE JULY 2003 Classification Title Account Clerk II 212.6 14.429 15.167 Account Clerk I 207.6 13.726 14.427 Administrative Secretary 228.1 16.846 17.707 I;RangeNOl ; A I B C : I 15.943 Box Office Attendant 198.6 Computer Support Technician 223.1 Construction Maint. Wkr. II 221.6 Construction Maint. Wkr. I 211.6 Cross-Connect Control Maint Tech. 241.6 Customer Services Worker 226,6 Development Services Technician 227.6 Dock Attendant 169.4 12.544 13,186 16.028 16.847 15.787 16.595 14.287 15.015 19.278 20.264 16.596 17.445 16.762 17.620 9.465 9.950 15.166 18.614 13.860 17.708 17.443 15.785 21.302 18.337 18.522 10.459 Engineering Services Inspector 255.2 22,088 23.217 24.406 Equipment Mechanic II 25217 21.538 22.640 23.799 Equipment Mechanic I 242.7 19.493 20.491 21.538 Facilities/Const. Maint. Wkr. 221.6 15.787 16.595 17.443 Ld Construction Maint Worker 236.6 18,342 19,278 20.264 Ld. Facilities Const. Maint. Worker 236.6 18,342 19.278 20.264 Lead Customer Services Worker Lead Park Maintenance Worker Lifeguard III iLifeguard II/Swim Instructor _ifeguard I Vlaterials Controller 241.6 19.278 20.264 21.302 234.5 17.960 181878 19.843 202.8 12.831 13.488 14.177 188.3 11.319 11.897 121505 176.6 10.068 10.583 11.124 227.6 16.762 17.620 18.522 ¸D I 16.757 15.942 19.566 14.570 18.614 18.336 16.592 22.391 19.275 19.468 10.993 251654 25,013 22,640 18.336 21.302 21.302 22,391 20.859 14.901 13.144 11.691 19.468 :)ark Attendant II 166.1 Park Attendant I 161.1 Park Maintenance Worker II 219.5 Park Maintenance Worker I 209.5 Park Ranger 210.2 Planner/Estimator Control Inspector 241.6 Pool Manager 229.0 Public Services Maint./C0nst. Insp. 24116 Public Services Shop Clerk 202.7 Receptionist, Part-time 198.6 Records Secretary 203.6 Recreation Assistant 149.5 Recreation Interpretive Spec. 229.0 Recreation Leader II 187.8 Recreation Leader I 167.8 Recreation Program Coordinator 229.0 Secretary III 218.1 Secretary II 203,6 Secretary I 19816 Senior Utilities System Tech. 262.1 Stage Technician 219.5 Technical Theatre Coordinator 229.0 Theatre Volunteer Coordinator 229.0 9.067 9.529 10.016 10.528 8.624 9.065 9.528 10.015 15.458 16.250 17.082 17,956 131988 14.704 15.456 16.245 14.087 14.808 15.564 16.361 19.278 20.264 21.302 22.391 17,001 17.868 18.783 19.743 19.278 20.264 21.302 22.391 13.068 13.738 14.441 15.179 12.544 131186 13.860 14.570 13.187 13,862 14.571 15.315 7.679 8.073 8.484 8.920 17.001 17.868 18.783 19.743 11.261 11.837 12.443 131080 9.220 9.692 10.188 10.708 17.001 17.868 18.783 19,743 15.245 16.024 16.844 17.705 13.187 13.862 14.571 15.315 12.644 13.186 13,860 14.570 23.666 24.875 26.148 27.484 15.458 16.250 17.082 17.956 17.001 17.868 181783 19.743 17.001 17.868 18.783 19.743 Utilities System Mechanic 247.1 20.369 21.412 22.507 23.658 Utilities System Technician 252.1 21.414 22.509 23.660 24.870 Water Treatment Plant Opr III 257.1 22.511 23.661 24.872 26.145 Water Treatment Plant Opr II 247.1 20.369 21.412 22.507 23.658 Water Treatment Plant Opr I 237.1 18.432 19.375 20.365 21.408 17.61~ 16.75~ 20.567 15.31~ 19.567 19.272 17.439~ 23.509 20.261 20.465 11.554 26.964 26.288 23.799 19.273 22.391 22.391 23,509 21.925 15.663 13.815 12.292 2O.465 11.068 10.527 18.873 17.078 17.196 23.509 20.753 23,509 15.954 15.315 16.09g 9.375 20.753 13.748 11.258 20.753 18.611 16.09~ 15131~ 28.89£ 18.872 20.752 20.753 24.867 26.14; 27.482 24,867 22.504 Article 6. Leaves Section 1. Vacation. A. ComDutin_~ Annual Vacation Leave. All employees in the unit shall be entitled to vacation leave with pay exceDt those employees who have served 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 work week. Annual vacation leave shall be computed in accordance with the following schedule: Years of Continuous Emoloyment 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. 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. 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. D. 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, provided they have served six (6) continuous months with the City and successfully completed probation. Section 2. Sick Leave. A. 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 work week. One (1) day si.ck leave shall be accrued for each month of employment, for a total of twelve (12) working days, or ninety-six (96) hours per year. Sick leave shall be granted to an employee only for actual working time off. Accumulation of sick leave shall be unlimited. B. Notification. In order to receive compensation while absent on such leave, the employee shall notify his immediate superior or the Department Director prior to or within two hours after the time set for the beginning of his 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 orior to the beginning of the work shift. Sick leave over three (3) working days at one time may require certification by the employee's physician in order to receive compensation. This requirement is at the discretion of the Department Director with approval from the Personnel Manager. C. Family Sick Leave In the event of illness in the immediate family, an employee may use accrued sick leave not to exceed four (4) days in each fiscal year. Immediate family shall be designated as mother, father, spouse, sister, brother, and children. Employee must notify supervisor in advance when such leave is being taken and so note on time card. D. 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: 1. After conversion, employee must have a minimum balance of 168 hours of sick leave. 10- 2. The employee has used 32 hours or less of sick leave in the immediately preceding 12 months. 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 E. Pavout 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: Upon normal 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 will not exceed $5,000. Upon leaving the employ of the City for other than retirement, employee will receive 50% of all sick leave hours accrued. Calculations will be at the employee's rate of pay at the time of termination and will not exceed $2,000. Upon the death of an employee, compensation for unused sick leave shall be at the same rate as the retirement benefit. Payment shall be made to the employee's designated beneficiary. Section 3. Holidays. A. Designated Holidays. The holidays for employees in this unit are as follows: New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day January 1 3rd Monday-February Last Monday-May July 4 1st Monday-September November 11 4th Thursday-November Fourth Friday-November December 25 The City will grant December 24, 2001 as a one-time holiday. 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 work week. Payment of two (2) times the employee's regular rate of pay shall be paid for all unscheduled hours worked on a holiday. In addition to regular pay for hours worked, employees in this unit shall be paid holiday pay, whether on or off duty on the holidays above. Full-time Community Services employees and Public Services employees in the Park Maintenance Worker classification, who are required to work on the following designated holidays, will be paid two (2) times their hourly rate of pay for working the holiday, and they will continue to be paid one-and-one-half (1-1/2) times their hourly rate of pay for working on the other City designated holidays: New Year's Day Memorial Day Independence Day Labor Day January 1 Last Monday-May July 4 1st Monday-September These Community Services and Park Maintenance Worker employees may, however, request time off in lieu of pay for a holiday worked. The times at which an employee may take his holiday in lieu shall be approved by the Department Director with due regard for the wishes of the employee and needs of the City. The employee will continue to receive holiday pay for the holiday worked. Section 4. Benefit Days. In addition to provisions for vacation, sick leave, and holidays set forth elsewhere herein, each employee who has completed an initial probationary pedod shall have available two (2) benefit days off each fiscal year. The times at which an employee may take a benefit day off shall be determined by the Department Director with due regard for the wishes of the employee and particular regard for the needs of the City. Benefit days shall be taken in 8 hour increments. Remuneration for a benefit day shall be in accordance with the schedule of pay for one working day of vacation. If not taken by the end of the last full pay period of the fiscal year, the benefit day(s) shall be forfeited. Section 5. Bereavement Leave, In the event of a death in the family, regular and probationary employees shall be eligible for 1-5 days off with pay to attend the funeral, subject to the following provisions: The relatives designated shall include father, mother, father-in-law, mother-in-law, wife, husband, brother, sister, daughter, son, grandparents, grandson, granddaughter, brothers and sisters having one parent in common, and those relationships generally called "step" providing persons in such relationships have lived or have been raised in the family home and have continued an active family relationship. An employee may be eligible to use bereavement leave to attend the funeral of a person who has been living with the employee in the same capacity of a spouse, provided, however, the employee has previously notified the personnel office, in writing, of the individual's name. 12- B. To be eligible for bereavement leave, the employee must attend or make bona fide effort to attend the funeral. Go Pay for compensable bereavement leave shall be in the same amount as pay for sick leave for the same period. Bereavement leave is not compensable when the employee is on leave of absence, vacation, bona fide lay off, or for days falling outside the employee's regular work period. It is not chargeable against sick leave. All requests for paid bereavement leave shall be made in wdting as soon as practical but in no event later than the first day back to work, and shall be subject to approval of the Personnel Officer or designee. 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. Article 7. Payroll and Work Week Section 1. General. A. Regular Paydays. Regular paydays are designated as every other Fdday 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 work week 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 Services employees in the Park Maintenance Worker classifications will be posted every Monday by 8:00 A.M., one week or seven (7) days prior to the day the schedule begins the following Monday. Requests for vacation or compensation 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 celled 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 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 which 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. 13- Section 2. Overtime. 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. All employees in this unit shall be paid one-and-one-half (1-1/2) times their hourly rate of pay for all hours worked in excess of eight (8) hours in one day or forty (40) hours in one work week. Employees whose regularly scheduled work hours are in excess of eight (8) hours in one work day are only entitled to receive overtime pay for the hours worked beyond their regularly scheduled work day or forty (40) hours in one work week. 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. For the purpose of computing overtime, hours of vacation, sick leave and holiday shall be considered as hours worked. Section 3. ComDensatory Time-Off (CTO). A. CTO Accumulation and Use. 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; however, the accumulation of hours shall be reduced to 40 hours at the end of the fiscal year, and the employee shall be compensated for the excess accumulation in a cash payment. 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. 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 until the level of accrued compensatory time off is drawn down below the maximum accrual level of 80 hours. B. CTO Carryover. Employees may request in writing to carry over compensatory time not to exceed 40 hours for a period of 90 days to be used for summer vacation purposes. Such requests shall state the amount of compensatory time to be used in conjunction with vacation time which is planned and approved for use within the 90-day period. The request must be approved in writing by the Department Director. If the compensatory time is not used within the 90-day period, it will automatically be paid out in cash at the employee's rate of pay in effect the last full pay period of the immediately preceding fiscal year. 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. 14- 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. C. Credit Union. Employees may elect to make credit union contributions through payroll deduction. Section 5. Flexible Work Hours. The City agrees to make available on a trial basis a flexible work schedule. 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 the trial to all operations of the City due to service needs. The City agrees to meet with representatives of the bargaining group to discuss implementation of flexible scheduling. 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. However, those employees on a flex schedule who are scheduled to and who do work before the hours of 6 a.m. or after 5 p.m. shall be entitled to shift differential in the same manner as prescribed in the MOU. 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. 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 annual income ($10,000 minimum). 15- Section 4. Long-Term Disability Income Insurance. This employee benefit provides for the payment of a monthly income benefit payment for those covered employees totally disabled by injury or sickness. As soon as practical, the monthly benefit provided under this coverage will be 66-2/3% of the employee's monthly earnings to a maximum of $5,000 per month. The insurance carrier is responsible for calculating the exact benefit amount, based on each individual's income status. The insurance carrier for this coverage requires a thirty ¢30) day waiting period from the first day of the disability to the beginning of the monthly benefit payment period. Monthly benefits are paid, with certain exceptions, as explained in the Group Insurance handbook, until the recovery from the injury or sickness or until the employee reaches age 65. The City pays 100% of the premium. An employee may use sick leave and vacation to supplement coverage under this benefit up to, but not in excess of, 100% of his regular rate of pay. Section 5. Flexible Benefits Program. The City will maintain a Flexible Benefits Program dudng the term of this Agreement in accordance with applicable IRS statutes in order to provide employees the greatest possible tax benefit. Included in the Flexible Benefits Program are reimbursement accounts for medical and dental plan deductibles and co-payments; orthodontia; headng exams and aids; vision care; and other health care expenses not covered by existing medical and dental coverage. Additional elements of the Program may include reimbursement accounts consisting of child/dependent care and nursery school, and other viable options. Section 6. Deferred ComDen~tion. In addition to the City's existing 457 deferred compensation plans, the City will make available as soon as practical after approval of this agreement, a 401(a) or (k) Deferred Compensation Plan. The City will contribute $12 per employee per biweekly pay period as of the Plan's effective date. Effective the first full pay period in FY 2003/04 the amount will be increased to $16. The City will form an ad hoc committee, including a representative from this unit, to review the options and prepare a recommendation to the City Manager. Employees shall be entitled to receive credits for their accounts only after the completion of each full pay pedod. In the event the 401(a) or (k) plan cannot be adopted within 60 days of the approval of the MOU, the City will set aside the amount per employee per pay period for deposit in the Plan once it is approved, provided such payment is allowable under IRS regulations. Only full-time employees and those hired on or after July 1, 1999 shall be eligible for this benefit after the completion of one year of service. Article 9. Sr)ecial Pay Section 1. Tuition Reimbursement, The actual cost paid for tuition, books and required technical supplies and equipment, to a maximum of $375 per fiscal year per employee, will be refunded to all regular City employees for professional and technical courses in accredited educational institutions provided that: 1. The employee has received at least a satisfactory proficiency rating on his/her last performance report. 2. The subject matter of the course relates directly to and contributes toward the performance of the employee's position with the City. The employee must submit a Request for Refund of Tuition and Cost of Books form to the Department Director and Personnel within three (3) weeks after the beginning of the class. Before receiving reimbursement the employee shall furnish documentation proof of pay and shall provide evidence that he/she has completed the course with a grade of "C" or better in undergraduate work or a grade of "B" in graduate work. A grade of "C" or better will be accepted for graduate work from institutions where an average grade of "C" is acceptable for graduation. A "pass" will be accepted for undergraduate classes where a pass/fail grading system is used. Textbooks and equipment paid for by the City shall become the property of the City. Reimbursement for texts and equipment will be approved only if the text or equipment were not available from the City. Section 2. Uniforms and Eauipment. The City will provide and maintain all uniforms that are required by the City for Administrative Services field employees, Community Services lake/park and recreation employees, and Public Services 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 Director of Administrative Services 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. The employee shall be provided an allowance for the purchase or resoling of safety shoes in accordance with the following: Effective 7/1/2000 Effective 7/1/2002 Recreation Leader II and Coordinators Remaining Classifications in the Unit required to wear safety shoes $ 70 per fiscal year $155 per fiscal year $ 80 per fiscal year $170 per fiscal year 17- In order to receive reimbursement, the employee must submit receipts of proof of purchase to their department. Reimbursement will be made through Accounts Payable. All other safety clothing required in the performance of duties shall be furnished by the City. B. Uniforms - General. The City will provide and maintain eleven (11) sets of uniforms for those employees required to wear uniforms, excepting recreation employees. Employees electing to wear City-approved summer attire may receive fewer than eleven sets of standard uniforms and shall be responsible for the maintenance of the summer attire. C. Uniforms - Recreation EmDIoYees. The City will provide eleven (11) shirts and one (1) jacket for recreation employees who work five (5) days per week, and seven (7) shirts and one (1) jacket for employees who work three (3) days per week for those employees required to wear uniforms. Recreation employees may receive sweater(s) in lieu of shirt(s) on the basis of equivalent dollar value. Employees may elect to wear City approved shorts during the summer. All summer attire must be City approved. The Community Services Department shall provide all employees with new uniform shirts which shall be replaced on an as-needed basis. Jackets which are lost or stolen will be the employee's responsibility to replace; worn out jackets will be replaced by the Department. D. Uniforms - Park Rangers. Park Rangers will be reimbursed up to $300 each fiscal year for the purchase of approved uniforms. Uniform selection shall be approved by the Director of Community Services. E. Jackets. Public Services employees generally assigned to field work shall receive one (1) jacket per fiscal year on an as-needed basis as determined by the Water Utilities Division Manager or the Maintenance Operations Division Manager. F. Standards of maintenance of uniforms and equipment shall be determined by the City, and employees must maintain these standards. Section 3. Meal Allowance. In the event an employee is required to work in excess of twelve (12) consecutive hours, the City shall pay the cost of a meal in the amount of $9.00. For 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. D. In order to be reimbursed, employees must include original receipts for all expenses with the reimbursement claim form. E. Advances of travel expenses may be allowed at the sole discretion of the City Manager. Section ,5. On-Call Time. A. Field Forces. The City shall maintain a list of eligible Public Services and Administrative Services field personnel who have agreed to stand by for call-back as required. Each employee shall be paid on the last full pay period of the month, a share of $1,000 per month, which shall be divided equally among those on the list. 1. The call-out list shall consist of qualified employees. 2. List members shall meet the following qualifications: Must reside within the limits of the City of Poway, among or between the communities of Rancho Penasquitos, Rancho Bernardo, as determined by the Director of Public Services. Must be rated as a Lead Construction Maintenance Worker, Construction Maintenance Worker II, Lead Facilities Construction Maintenance Worker, or Facilities Construction Maintenance Worker II 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. 3. Duty roster to be scheduled as follows with the participation of list members: a. Scheduling to be quarterly. b. Order of names to be maintained as consistent as practical. c. Names to be rotated progressively up the list weekly from the bottom positioning on up to the top Position 1. d. The member in Position I will be the duty person on call. e. List members may substitute positions temporarily among themselves to allow for special circumstances as stated in Item 4. If a call-out list member is scheduled for duty and due to special circumstances cannot respond, substitution by another duty list member is allowed, providing: a. Scheduled duty person arranges substitution. b. Scheduled duty person notifies Filtration Plant. Duty person will be on call from 1530 hours of a work day to 0700 hours the following work day during the work week. During weekends from 1530 hours Friday, to 0700 hours the following Monday, and the 24 hours of a City-observed holiday. 6. There will be paid a two-hour minimum for each call-out. a. Time starts for the call-out when the duty person receives the call from the Filtration Plant. b. Time stops and call-out is complete when the duty person notifies the Filtration Plant that the call is completed. 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 retuming, or has returned to his/her original point of contact, and is then called out again, the employee shall be compensated for an additional call-out. d. Weekday and Saturday call-out time to be paid at one and one-half (1-1/2) the hourly rate of pay. Sunday and holiday call-out time to be paid at double the hourly rate of pay. Holidays will be rotated equally among those persons on the list inasmuch as possible. It is agreed that if this procedure does not operate to the satisfaction of the Director of Public Services, the procedure is subject to be revised as necessary following consultation with representatives of the Union. It is understood that this Section does not allow for a reduction in the amount of the monthly pool. B. Ooerational Conditions. 1. The duty person will wear a City pager when away from his/her listed contact phone number. 2. Calls to the duty person will be placed by the Treatment Plant Operator. a. Treatment Plant Operator will screen calls to determine need to contact duty person. Upon being contacted by the Treatment Plant Operator, the duty person is responsible to determine the course of action. c. The Treatment Plant Operator stands by to assist, when possible, in contacting additional employees when needed. 20- Should duty 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. e. Upon call completion, the duty person will advise the Treatment Plant Operator of the action taken so that it can be properly logged. During a serious emergency, such as a water main break, the duty person will stand by to assist crew in making repairs, but will remain flexible in case of other call-outs during this time. Employees who are assigned standby duty may request the use of a City truck. The City truck shall be available to the employee during standby for use as is necessary to ensure that the employee is readily available for call out. However, the employee should use discretion and common sense in the use of the vehicle and at all times be aware that they are a public relations representative to the public and their actions will be scrutinized by the public. Except as required for City business, the vehicle should not be taken outside the communities of Poway, Rancho Penasquitos or Rancho Bernardo. C. Filtration Plant. When an employee in the Public Services Department filtration plant forces is required to be available for duty and is required to perform duty at night, on weekends, or holiday duty, he/she shall receive an equitable share of a lump sum of $200 per month. This lump sum allowance shall be distributed as determined by the employees standing duty. Section 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 $1.00/hour in addition to their regular rate of pay. Filtration Plant employees assigned to work the forty-eight (48) hour weekend shift shall receive a $1.00 per hour 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. B. Public Services EmDIovees. Public Services Department 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 after the hour of 3:30 p.m. or before 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 Services Department employees in the Building Maintenance classification who are assigned to work the night shift shall be entitled to shift differential pay of $0.70 per hour in addition to their regular hourly rate of pay for the hours worked between 3:30 p.m. and 7:00 a.m. 21 Public Services Department employees in the Equipment Mechanic classification, who are assigned to work the night shift, shall be entitled to shift differential pay of $0.70 per hour in addition to their regular houdy rate of pay for the hours worked between 3:30 p.m. and 7:00 a.m. Public Services employees who are required to work an evening schedule outside of their normal work schedule shall receive shift differential pay of $0.70 per hour only when the employee does not qualify to receive overtime for working during the normal work schedule on the following day. C. Community Services EmDIoyees. Community Services Department employees in the Park Ranger, Dock Attendant, and Park Attendant classifications who are assigned a work schedule beginning at or after 11:30 a.m. which requires them to work after the hour of 3:30 p.m. or before 5:00 a.m. shall be entitled to shift differential pay of $0.70/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 8:00 a.m. to 5:00 p.m. will not receive shift differential pay for hours worked between 3:30 p.m. and 5:00 p.m. Section 7. Call-Back Time. Employees called back to work after expiration of their normal work day or work week to perform emergency work shall be guaranteed minimum call-back time of two (2) hours at the appropriate overtime rate. Article 10. 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. On recommendation of his/her supervisor, a non-probationary employee may be placed on special probation; however, he/she shall have the right of direct appeal of the special probation to the City Manager. The City Manager must be notified of the employee's desire to appeal the special probation within ten (10) calendar days from the day the employee is placed on special probation. 22 Section 2. Safety_. The unit adopts the following by reference: · The City has a Central Safety Committee with representatives from all units; · The City and all employees shall comply with any applicable Federal and State law; The City and all employees shall comply with any policy and/or procedure which may from time to time be promulgated by the City Council. Section 3. Temoorary Assignment to A Higher Level Vacancy. A. Full Responsibility. An employee specifically assigned on a temporary basis to a higher level position in which there is no appointed incumbent or in which the incumbent is on paid or unpaid leave for fifteen (15) or more consecutive working days shall be compensated at the A step rate of pay for the higher level position, which payment shall be retroactive to the first day of such services, provided, however, that the full range of duties of the higher level position has been specifically assigned in wdting on a form provided by the City by the Department Director or his/her designee. Under no circumstance shall the rate of compensation be less than five percent (5%) above the employee's current rate of pay. B. Partial ResDonsibility. An employee specifically assigned to perform a portion of the duties of the higher level position for fifteen (15) or more consecutive working days shall receive additional compensation of five percent (5%) above th.e employee's current rate of pay. The assignment shall be in writing and on a form provided by the City. Co For purposes of determining the period of 15 consecutive days, holidays will apply toward hours worked, and vacation and sick leave will apply toward hours worked provided the employee has served in the acting position continuously for six (6) or more months. Do At the conclusion of such an assignment, the employee shall be restored to his/her former classification regardless of the time involved. The employee may also be considered for promotion to the higher position on a permanent status if it were deemed by the City to be vacant. This provision shall not be applicable to bona fide education, training and development, job enlargement or enrichment. The employee will be notified in advance as to the nature of this assignment. Section 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 his meal period is considered an on-duty meal period or an off-duty meal period, and employees having on-duty meal periods shall be compensated for the meal period as hours worked. £3- 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. Reassignment. 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 an open promotional exam. Section 7. Layoff and Reemolovment. 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 altematives 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 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. 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 nondisciplinary 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. The name of each laid-off employee shall be placed on a reemployment list for a period of 12 months in reverse order of 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 layoff. 24 Section ~. Resignations. 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 within 72 hours after termination, 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. An employee with five (5) years service who resigns in good standing and is reemployed within a two (2) year pedod 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. Grievlance. Section 1. PurDose. A. To promote improved employer-employee relationships by establishing procedures for appealing management actions. B. To afford employees individually or through the Representatives a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussion. C. To provide that grievances shall be settled as near as practicable to the point of origin. Section 2. Sco!3e. 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. 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. 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 supervisor'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. 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 wdting, 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. 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 wdting, 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 upon receiving the grievance shall take such actions and such methods as it chooses and render a wdtten 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. 26 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 1;~. Retirement and Social Security_ The City will provide retirement benefits through the Public Employees' Retirement System. The City does not participate in the Social Security System. The City will pay seven (7%) percent of the employee's contribution into the Public Employees' Retirement System (PERS) in addition to the normal employer's contribution. The seven (7%) percent payment shall be made to PERS in the name of the employee to be credited to the employee's account with PERS. The City shall annually notify the employee of the annual and total contribution made to PERS on behalf of the employee. The City shall make available under its contract with PERS the following provisions: the Third Level 1959 Survivors Benefits; the retirement benefit of 2%-at-55 formula; and the City will contract with PERS to provide the One Year Final Compensation option as soon as practicable. 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 The City and the bargaining unit agree that they are subject to and must conform to the Americans with Disabilities Act (ADA). 27 PART Ih Section 1. PurDose. PART-TIME EMPLOYEES Arti~;le 1. General. Part II of this Agreement recognizes the Representatives as the majority representative of all part- 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 meet and confer, and the 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 Savings. All of Article 2, Part I, of this Agreement shall apply to all regular part-time employees. Article 3. Sympathy Action. All of Article 3, Part I, of this Agreement shall apply to all regular part-time employees. Article 4. Duration of Agreement. This entire Agreement shall commence at 12:00 A.M. on July 1,2000 and terminate at 11:59 on June 30, 2004. 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. Wages. The position classifications are established at the salary ranges indicated in Article 5, Part I, of this Agreement. Effective the first full pay period in July 2000, the salary schedule for all job classifications within the MOU will be increased by 4%. Effective the first full pay period in July 2001, the salary schedule for all job classifications within the MOU will be increased by an additional 3.5%. Effective the first full pay period in July 2002, the salary schedule for all job classifications within the MOU will be increased by an additional 3.5%. Effective the first full pay period in July 2003, the salary schedule for all job classifications within the MOU will be increased by an additional 3.5%. The City will contract for and conduct a comprehensive classification and compensation study of at least all the positions in the bargaining unit. Two members of the bargaining unit designated by the Union shall serve on any committee established for the purpose of reviewing proposals, selecting firms to be recommended to the City Council, and meeting with the consultant and City for review of the draft report. Upon completion of the report, the City agrees to meet and consult with the Union regarding the implementation of changes proposed by the study. Article 6. Leaves. Section 1. Vacation. A. Computing Annual Vacation Leave. Employees in the unit shall be entitled to vacation leave with pay excepting those employees who have been employed by the City for less than the equivalent of six (6) continuous months of full-time employment. Part-time employees hired after July 1, 1996, will be eligible to receive vacation leave accrual after two years of employment. For purposes of computing annual vacation leave, an eight (8) hour working day shall be considered as one-fifth (1/5) of the number of working or duty hours in the established forty (40) hour work week. Annual vacation leave shall be computed in accordance with the following schedule. Years of Continuous Emoloyment 1 through 5 years After 5 years After 10 years After 15 years Vacation Leave Credits 48 hours per year or 1.846 hours per pay pedod for 26 pay periods. 60 hours per year or 2.308 hours per pay period for 26 pay periods. 72 hours per year or 2.769 hours per pay period for 26 pay periods. 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 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. 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. 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, provided they have served six (6) continuous months with the City. Section 2. Sick Leave. A. Sick Leave Accrual. Sick leave with pay may be granted to all probationary and regular employees within this unit who are regularly employed in permanent part-time positions. Part-time employees hired after July 1, 1996, will be eligible to accrue sick leave 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. B. Notification. In order to receive compensation while absent on sick leave, the employee shall notify his immediate supervisor or the Department Director pdor to or within two (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. Sick leave over three (3) working days at one time may require certification by the employee's physician in order to receive compensation. This requirement is at the discretion of the Department Director with approval from the Personnel Manager. C. Family Sick I. eeve. In the event of illness in the immediate family, an employee may use accrued sick leave not to exceed two (2) days in each fiscal year. Immediate family shall be designated as mother, father, spouse, sister, brother, and children. Employee must notify supervisor in advance 3O when such leave is being taken and so note on the time card and Request for Leave of Absence form. D. Pavout 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: Upon normal retirement, a part-time employee will receive 25% of all sick leave hours accrued. Calculations will be at the employee's rate of pay at the time of retirement and will not exceed $2,000. Upon leaving the employ of the City for other than retirement, a part-time employee will receive 25% of all hours accrued. Calculations will be at the employee's rate of pay at the time of termination and will not exceed $1,000. Upon the death of the employee, compensation for unused sick leave shall be at the same rate as the retirement benefit. Payment shall be made to the employee's designated beneficiary. Section 3. Holidays. A. Designated Holidays. The holidays for employees in this unit are as follows: New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Day after Thanksgiving Christmas Day January 1 3rd Monday - February Last Monday - May July 4 1st Monday - September November 11 4th Thursday - November 4th Friday- November December 25 The City will grant December 24, 2001 as a one-time holiday. 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. Part-time employees shall receive regular pay for hours worked on a holiday. Part-time employees shall receive four (4) hours holiday pay whether on or off duty on the nine holidays listed above. Part-time employees hired after July 1, 1996, will be eligible to receive holiday pay after two years of employment. 31 Article 7. Payroll 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 pdor written approval, on a case-by-case basis, by the City Manager. Requests for advance vacation pay must be made prior to the end of the pay period for which pay is to be received. For employees regularly working less than 40 hours in one week, or designated as part-time or temporary employees, the regular number of working or duty hours in a work week shall be that number of hours for which they are scheduled to work. B. Community Services Work Schedules. Work schedules for Community Services employees and Public Services employees in the Park Maintenance Worker classifications will be posted every Monday by 8:00 a.m., one week or seven (7) days prior to the day the schedule begins the following Monday. Requests for vacation or compensation 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 which 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. All employees in this unit shall be paid one and one-half (1-1/2) times their hourly rate of pay for all hours worked in excess of eight (8) hours in one day or forty (40) hours in one work week. Employees whose regularly scheduled work hours are in excess of eight (8) hours in one work day are only entitled to receive overtime pay for the hours worked beyond their regularly scheduled work day or forty (40) hours in one work week. Employees working overtime will 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 vacation, sick leave and holidays shall be considered as hours worked. Section 3. Compensatory Time Off (CTO~. 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 32 hours; however, the accumulation of hours shall, be reduced to 40 hours at the end of the fiscal year. The employee shall be compensated for the excess accumulation in a cash payment. 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. 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 until the level of accrued compensatory time off is drawn down below the maximum accrual level of 80 hours. Section 4. ~ 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. C. Credit Union Employees may elect to make credit union contributions through payroll 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. Part-time employees hired after July 1, 1996, will be eligible to elect these benefits 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 date of hire, an employee, upon proper application and acceptance, shall be covered by health and dental benefits with coverage as set forth from time to time in the agreement between the City and carrier(s). The part-time employee shall pay fifty percent (50%), and the City shall pay fifty percent (50%) of the health benefit premiums for the employee-only coverage. The cost of dependent coverage of the medical and dental plan of the employee's choice will be as follows: the employee will pay seventy-five 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. Part-time employees hired after July 1, 1996, may elect this coverage 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 payroll deduction. Section 3. ~ The part-time employee may elect to be covered by the City's life insurance plan provided said employee also participates in one of the City's medical plans. Part-time employees hired after July 1, 1996, may elect this coverage after two years of employment. The employee shall pay fifty percent (50%) of the premium, and the City shall pay fifty percent (50%) of the premium. Section 4. Flexible Benefits Program. The City will maintain a Flexible Benefits Program in accordance with applicable IRS statutes in order to provide employees the greatest possible tax benefits. Included in the Flexible Benefits Program are reimbursement accounts for medical and dental plan deductibles and co-payments, orthodontia, hearing exams and aids, vision care, and other health care expenses not covered by existing medical and dental coverage. Additional elements of the Program may include reimbursement accounts consisting of child/dependent care and nursery school, and other viable options. Section 5. Retirement and Social Security. The City provides part-time employees who work less than 1,000 hours per 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%. The City provides part-time employees who work more than 1,000 hours per year retirement benefits through Public Employees' Retirement System (PERS). For employees hired prior to July 1, 1996, the City will pay 50% of the employee's 7% contribution in PERS. Part-time employees hired after July 1, 1996, will pay the full employee contribution of 7%. Article 9. Soecial Pay Section 1. Tuition Reimbursement. The actual cost paid for tuition, books and required technical supplies and equipment, to a maximum of $100 per fiscal year per employee, will be refunded to all regular part-time employees after five (5) years of continuous employment for professional and technical courses in accredited educational institutions provided that: A. The employee has received at least a satisfactory proficiency rating on his/her last performance report. B. The subject matter of the course relates directly to and contributes toward the performance of the employee's position with the City. 34- C. The employee must submit a Request for Refund of Tuition and Cost of Books form to the Department Director and Personnel within three (3) weeks after the beginning of the class. Before receiving reimbursement, the employee shall furnish documentation of proof of payment and shall provide evidence that he/she has completed the course with a grade of "C" or better in undergraduate work or a grade of "B" in graduate work. A grade of "C" or better will be accepted for graduate work from institutions where an average grade of "C" is acceptable for graduation. A "pass" will be accepted for undergraduate classes where a pass/fail grading system is used. Textbooks and equipment paid for by the City shall become the property of the City. Reimbursement for texts and equipment will be approved only if the text or equipment were not available from the City. Section 2. Uniforms and E(]uioment. For employees in the Lake Operations, Park and Landscape Maintenance Divisions, and Public Services Department, the City will provide uniforms that are required by the City in accordance with the following: A. Safety Shoes. Safety shoes shall be worn by employees as required by the City. The department will establish and fumish to the Director of Administrative Services 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. The employee will be provided an allowance of $60 per fiscal year for the purchase of safety shoes. In order to receive reimbursement, the employee must submit receipts of proof of purchase to their department. Reimbursement will be made through Accounts Payable. All other safety clothing required in the performance of duties shall be furnished by the City. 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. Recreation employees may receive sweater(s) in lieu of shirt(s) on the basis of equivalent dollar value. Employees may elect to wear City-approved shorts during the summer. Employees electing to wear City- approved summer attire may receive fewer than eleven (11 ), or seven (7) sets of standard uniforms and shall be responsible for the maintenance of the summer attire. The City will maintain uniforms provided to Public Services employees. C. Uniforms - Community Services. The Community Services Department shall provide all employees with uniform shirts which shall be replaced on an as-needed basis. Jackets which are lost or stolen will be the employee's responsibility to replace. Worn out jackets will be replaced by the Department. 35 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 pay the cost of a meal in the amount of $9.00. 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 supervisor 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, a non-probationary employee may be placed on special probation; however, he/she shall have the right of direct appeal of the special probation to the City Manager. The City Manager must be notified of the employee's desire to appeal the special probation within ten (10) calendar days from the day the employee is placed on special probation. Section 2. Safety. The unit adopts the following by reference: · The City has a Central Safety Committee with representatives from all units. · The City and all employees shall comply with any applicable Federal and State law. The City and all employees shall comply with any policy and/or procedure which may from time to time be promulgated by the City Council. Section 3. TemDorarv Assignment to a Higher Level Vacancy. Ao Full Responsibility. -- An employee specifically assigned on a temporary basis to a higher level position for the equivalent of fifteen (15) or more consecutive full-time work days in which there is no appointed incumbent or in which the incumbent is on paid or unpaid leave shall be compensated at the "A" step rate of pay for the higher level position, which payment shall be retroactive to the first day of such services, provided, however, that the full range of duties of the higher level position has been specifically assigned in writing on a form provided by the City by the Department Director or his/her designee. Under no circumstance shall the rate of compensation be less than five percent (5%) above the employee's current rate of pay. 36 Partial ResDonsibilitv. - An employee specifically assigned to perform a portion of the duties of the higher level position for the equivalent of fifteen (15) or more consecutive work days shall receive additional pay equal to 5% of current salary. The assignment shall be in writing and on a form provided by the City. At the conclusion of such an assignment, the employee shall be restored to his/her former classification regardless of the time involved. The employee may also be considered for promotion to the higher position on a permanent status if it were deemed by the City to be vacant. This provision shall not be applicable to bona fide education, training and development, job enlargement or enrichment. The employee will be notified in advance as to the nature of this assignment. Section 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. Reassignment. 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 an open promotional exam. Section 6. Layoff and ReemDIovment. 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 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. 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 nondisciplinary reasons. Such employees shall be placed on the 37 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. The name of each laid-off employee shall be placed on a reemployment list for a period of 12 months in reverse order of 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 layoff. Section 7. Resianations. 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 within 72 hours after termination 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. An employee with the equivalent of five (5) years of full-time service who resigns in good standing and is reemployed within a two-year period to the same or equal position previously held, shall be eligible to earn and use vacation, sick leave, and other benefits to which they are otherwise entitled as if there had been no break in service. Section 1. PurDose. A. Article 11. Grievance To promote improved employer-employee relationships by establishing procedures for appealing management actions. B. To afford employees individually or through the Representatives a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussion. C. To provide that grievances shall be settled as near as practicable to the point of origin. Section 2. ScoPe. A grievance shall be considered as any matter for which appeal is not elsewhere provided for or prohibited, concerning: A. A dispute about the interpretation or application of this Agreement or of any ordinance, resolution, rule or regulation governing personnel procedure or working conditions. 38 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. 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/her immediate superior. B. Formal Grievance Procedure. First Level of Review -- A grievance shall be presented in writing to the employee's immediate supervisor, who shall render a 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 supervisor'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. 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. 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 wdting 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 upon receiving the grievance shall take such actions and such methods as it chooses and render a written final and binding decision. 39 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. 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. Article 14. Americans with Disabilities Act The City and the bargaining unit agree that they are subject to and must conform to the Americans with Disabilities Act (ADA). Article 15. Postin_= of A_oreement A copy of this Agreement will be initially distributed to all employees, given to all new employees hired into the unit after July 1, 2000, and made available at the Filtration Plant, the Operations Center, Community Services Facilities, Personnel, and with each Department Director. 4O 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: Jame)s L. Bowersox, City Manager Warren H. Shafer Director of Administrative Services For the Representatives: ~;hest~ Mirdas~i, Presi~i~ent'''' California Teamsters, Local 911 ~o~Howard, C~d'~ e A. Posey, ~'ersonjne Manager Dennis Quillen Assistant Director of Public Services Lloy(~arris°n; Steward T ~~~. ~eGros, Steward Deputy City Manager Dona Valentine, Steward c:\data\wpflles\personel\nonsafl .mou