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That Resolution No. 96-024 are hereby rescinded.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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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