HomeMy WebLinkAboutR-11201 MOA between the City of San Luis Obispo and SLOCEA for July 1, 2019 to June 30, 2022
R 11201
RESOLUTION NO. 11201 (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING AND RATIFYING THE
MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS
OBISPO AND THE SAN LUIS OBISPO CITY EMPLOYEES’
ASSOCIATION FOR THE PERIOD OF JULY 1, 2019 TO JUNE 30, 2022
WHEREAS, the San Luis Obispo City Employees’ Association (SLOCEA) is committed to
providing high quality service to the community; and
WHEREAS, the City Council is committed to providing competitive compensation to
recruit and retain well qualified employees, as provided in the City’s adopted Compensation
Philosophy while also considering the long-term fiscal sustainability of changes in compensation;
and
WHEREAS, the City Council adopted a Fiscal Health Response Plan that identified three
strategies to increase payments towards the City’s unfunded pension liabilities: 1) New ways of
doing business 2) Employee concessions and 3) Cannabis revenues; and
WHEREAS, the City adopted Labor Relations Objectives to 1) Continue to make progress
in the area of long-term systemic pension cost containment and reduction, including reversing the
unfunded pension liability trend and other actions consistent with State law. 2) Continue to
effectively manage escalating health benefit costs through balanced cost sharing and other means
while maintaining comprehensive health care coverage for all eligible employees. 3) As necessary
to attract and retain well qualified employees at all levels of the organization, provide competitive
compensation as articulated in the City’s Compensation Philosophy, including relevant local,
statewide or national labor markets
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. The proposed Memorandum of Agreement is consistent with the City’s adopted
Labor Relations Objectives, Compensation Philosophy, and the Fiscal Health Response Plan.
SECTION 2. The Memorandum of Agreement between the City of San Luis Obispo and
SLOCEA, attached hereto as Exhibit “A” and incorporated herein by this reference, is hereby adopted
and ratified.
SECTION 3. The Director of Finance shall adjust the appropriate accounts to reflect the
compensation changes.
Resolution No. 11201 (2020 Series) Page 2
R 11201
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed
Memorandum of Agreement approved by it to Ron Faria, SLOCEA President, and Monica Irons,
Director of Human Resources.
Upon motion of Council Member Christianson, seconded by Council Member Pease, and
on the following roll call vote:
AYES: Council Member Christianson, Marx, Pease, Vice Mayor Stewart, and
Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 8th day of December 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
__________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
__________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ____________________________.
____________________________________
Teresa Purrington
City Clerk
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TABLE OF CONTENTS
ARTICLE 1 - PARTIES TO AGREEMENT .................................................................. 1
ARTICLE 2 - RECOGNITION ...................................................................................... 2
ARTICLE 3 - TERM OF AGREEMENT ....................................................................... 3
ARTICLE 4 - RENEGOTIATION ................................................................................. 4
ARTICLE 5 - SALARY................................................................................................. 5
ARTICLE 6 - OVERTIME ............................................................................................ 9
ARTICLE 7 - STANDBY ............................................................................................ 12
ARTICLE 8 - CALLBACK .......................................................................................... 13
ARTICLE 9 - WORK OUT OF CLASSIFICATION ..................................................... 14
ARTICLE 10 - TEMPORARY ASSIGNMENT ........................................................... 15
ARTICLE 11 - BILINGUAL PAY ............................................................................... 16
ARTICLE 12 - INFORMATION TECHNOLOGY CERTIFICATION INCENTIVES ..... 17
ARTICLE 13 - MECHANIC TOOL ALLOWANCE ..................................................... 18
ARTICLE 14 - PAYDAY ............................................................................................ 19
ARTICLE 15 - RETIREMENT .................................................................................... 20
ARTICLE 16 - INSURANCE ...................................................................................... 22
ARTICLE 17 - LONG TERM DISABILITY INSURANCE ........................................... 27
ARTICLE 18 - HOLIDAYS ......................................................................................... 28
ARTICLE 19 - SICK LEAVE ...................................................................................... 30
ARTICLE 20 - BEREAVEMENT LEAVE .................................................................... 33
ARTICLE 21 - FAMILY LEAVE ................................................................................. 34
ARTICLE 22 - VACATION LEAVE ............................................................................ 36
ARTICLE 23 - WORKERS' COMPENSATION LEAVE ............................................. 38
ARTICLE 24 - WORK SCHEDULE ............................................................................ 39
ARTICLE 25 - PROBATION PERIOD ........................................................................ 40
ARTICLE 26 - PERFORMANCE EVALUATIONS ..................................................... 41
ARTICLE 27 - AMERICANS WITH DISABILITIES ACT ........................................... 42
ARTICLE 28 - TRANSFER ........................................................................................ 43
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ARTICLE 29 - LAYOFFS ........................................................................................... 44
ARTICLE 30 - MODIFIED DUTY ASSIGNMENT ..................................................... 49
ARTICLE 31 - CLASS "A & B" PHYSICALS ............................................................. 50
ARTICLE 32 - UNIFORM AND UNIFORM ALLOWANCE ....................................... 51
ARTICLE 33 - SAFETY PROGRAM .......................................................................... 52
ARTICLE 34 - EMPLOYEE RIGHTS ......................................................................... 53
ARTICLE 35 - GRIEVANCE PROCEDURE ............................................................... 54
ARTICLE 36 - REPRESENTATIVE ROLE ................................................................. 56
ARTICLE 37 - COMMITTEE REPRESENTATION .................................................... 58
ARTICLE 38 - DUES DEDUCTION ........................................................................... 59
ARTICLE 39 - MANAGEMENT RIGHTS .................................................................. 60
ARTICLE 40 - PEACEFUL PERFORMANCE ............................................................ 61
ARTICLE 41 – WEINGARTEN RIGHTS .................................................................... 62
ARTICLE 42 – NEW EMPLOYEE ORIENTATION – AB 119 .................................... 63
ARTICLE 43 – PERSONNEL FILE LOG AND SECURITY ........................................ 64
ARTICLE 44 - FULL AGREEMENT........................................................................... 65
ARTICLE 45 - SAVINGS CLAUSE ........................................................................... 66
ARTICLE 46 - AUTHORIZED AGENTS .................................................................... 67
ARTICLE 47 - SIGNATURES ................................................................................... 68
APPENDIX A - CLASSIFICATIONS ......................................................................... 69
APPENDIX B - SKILLS BASED PAY GUIDANCE DOCUMENT .............................. 72
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ARTICLE 1 - PARTIES TO AGREEMENT
This Agreement is made and entered into this 8th day of December, 2020, by and between
the City of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo
City Employees' Association, hereinafter referred to as the Association.
Nothing in this Agreement between the parties shall invalidate nor be substituted for any
provisions in City Resolution No. 6620 or AB 646 codified in California Government Code
Sections 3505.4, 3505.5 and 3507.7 unless so stipulated to by provision(s) contained herein
and agreed to.
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ARTICLE 2 - RECOGNITION
Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620, the City
hereby recognizes the San Luis Obispo City Employees' Association as the bargaining
representative for purposes of representing regular and probationary employees, occupying
the position classifications set forth in Appendix A, in the General Unit with respect to their
compensation, hours and other terms and conditions of employment for the duration of the
Agreement.
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ARTICLE 3 - TERM OF AGREEMENT
This Agreement shall become effective July 1, 2019, except that those provisions which
have specific implementation dates shall be implemented on those dates and shall remain
in full force and effect until midnight June 30, 2022.
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ARTICLE 4 - RENEGOTIATION
Parties agree that either the City or the Association can initiate negotiations no earlier than
120 days or later than 90 days prior to the expiration of the MOA. Negotiations shall begin
within, but no later than, thirty (30) days from the date of receipt of the notice. Parties may
by mutual agreement modify the date for commencement of negotiations.
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ARTICLE 5 - SALARY
A. RULES GOVERNING STEP CHANGES FOR NON-SKILLS BASED PAY
EMPLOYEES
The following rules shall govern step increases for employees:
(1) The first step is the minimum rate and shall normally be the hiring rate for the class.
In cases where it is difficult to secure qualified personnel, or if a person of unusual
qualifications is hired, the Human Resources Director may authorize hiring at any
step.
(2) The second step is an incentive adjustment to encourage an employee to improve
their work. An employee may be advanced to the second step following the
completion of twelve months satisfactory service upon recommendation by the
department head and the approval of the Human Resources Director.
(3) The third step represents the middle value of the salary range and is the rate at
which a fully qualified, experienced and ordinarily conscientious employee may
expect to be paid after a reasonable period of satisfactory service. An employee
may be advanced to the third step after completion of twelve months service at the
second step, provided the advancement is recommended by the department head
and approved by the Human Resources Director.
(4) The fourth and fifth steps are to be awarded only if performance is deemed
competent or above as shown on the last performance evaluation. An employee
may be advanced to the fourth step after completion of one year of service at the
third step provided the advancement is recommended by the department head and
approved by the Human Resources Director. An employee may be advanced to
the fifth step after completion of one-year service at the fourth step provided the
advancement is recommended and justified in writing by the department head and
approved by the Human Resources Director.
(5) The above criteria for step increases apply except where other arrangements are
authorized by the City Manager.
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(6) In applying the above rules, the next step shall be granted, other conditions having
been met, on the first day of the payroll period within which the anniversary date
occurs.
(7) Should the employee's salary not be increased, it shall be the privilege of the
department head and City Manager to reconsider such increase at any time during
the year.
(8) Each department head shall be authorized to reevaluate employees who reach
Step 5 in their pay range. An employee who is not performing up to standard for
the fifth step shall be notified in writing that the department head intends to reduce
him one step unless his job performance improves to an acceptable level by the
end of 60 days. Prior to the end of 60 days the department head shall again
reevaluate the employee and, as part of that reevaluation, shall notify the employee
if the pay reduction shall then become effective. The fifth step may be reinstated
at any time upon recommendation of the department head. If the department head
deems it necessary to again remove the fifth step during the same fiscal year, they
may make the change at any time with three business days written notice.
B. RULES GOVERNING SKILLS BASED PAY
The guidelines for skills based pay classifications are set forth in Appendix B.
C. "Y" RATING
An employee who is not performing up to established job standards for reasons
including but not limited to transfer, reclassification, and performance issues may be
"Y" rated, freezing their salary until such time as standards are met. The department
head shall give 60 days written notice to any employee they intend to "Y" rate, giving
the employee an opportunity to correct any deficiencies. A "Y" rated employee would
not receive either step increases or salary increases granted by the City Council in a
MOA resolution such as across the board cost of living increases, market equity
increases, or other increases to salary. The "Y" rating procedure shall not result (then
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or later) in the employee being frozen below the next lower step of the new range. For
example, if an employee is at step 4 when "frozen" their salary shall not ever be less
than the current step 3 by this action. The only limited exception to “Y” rating may be
found in Appendix B, Skills Based Pay Guidance document.
D. COMPUTATION OF SALARY RANGE
Each salary range consists of five steps (1 through 5). Steps 1 through 4 equal 95%
of the next highest step, computed to the nearest one dollar.
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 95% of Step 2
Each across-the-board % salary increase shall raise step 5 of range 1 by that %. Step
5 of each successive salary range will be 2.63% above step 5 of the next lower range.
After all step 5's of salary ranges have been established, each step 5 shall be rounded
off to the nearest $1.00 and the remaining steps established in accordance with the
above formula.
E. SALARY PROVISION FOR THE TERM OF AGREEMENT
The parties agree to a salary increase as set forth below to be effective on the first
day of the first full payroll period following the date specified below for all unit
members.
• December 2020 1.5%
• July 2021 2.5%
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F. LUMP-SUM PAYMENTS
On December 31, 2020, the City will issue a one-time lump-sum payment of $1,500 (less
applicable taxes) to bargaining unit members who were employed by the City as of
November 1, 2020.
G. COMPENSATION STUDY
The City will complete a benchmark compensation survey by February 28, 2022.
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ARTICLE 6 - OVERTIME
A. CITY/CONTRACT OVERTIME
Overtime is defined as all hours preauthorized by management and worked by the
employee in excess of forty (40) hours worked in a work week.
All paid leave hours shall be counted as hours worked for purposes of calculating
overtime to include Vacation, Holiday, Sick Leave and Compensatory Time Off
(CTO). All overtime shall be authorized by the department head or designee
prior to being compensated.
B. FLSA/STATUTORY OVERTIME
For the purpose of complying with the Fair Labor Standards Act (FLSA) overtime
requirements under 29 USC Section 207(a), the City has adopted a dual calculation
method whereby it calculates FLSA overtime based on all hours actually worked by
overtime eligible employees in excess of 40 hours in the seven-day work period. To
the extent the City’s dual calculation method determines that FLSA overtime owed
for the seven-day work period exceeds the amount of City/Contract overtime paid for
in the same seven-day work period, the difference will be paid to the employee by
way of an “FLSA Adjustment” in the following City pay period.
C. COMPENSATION
All overtime as defined in Section A of this Article shall be paid in cash at one and
one half (1 1/2) the employee's base rate of pay, plus incentives as defined below in
Section E, or in time off (CTO) at the rate of one and one-half (1 1/2) hours for each
hour of overtime worked. All overtime shall be compensated to the nearest five (5)
minutes worked.
Separate and apart from the City's contractual obligation to pay overtime in
accordance with Section A above, the City is obligated to calculate and pay, at a
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minimum, FLSA overtime based on the federally defined regular rate of pay which
includes cash in lieu in compliance with the Flores v. City of San Gabriel applicable
to members of SLOCEA's bargaining unit. This calculation will be administered in
accordance with Section B above.
D. COMPENSATORY TIME OFF (CTO)
An employee who earns City/Contract overtime as defined in Section A above may
elect compensation in the form of time off (CTO). An employee may be compensated
in CTO and maintain up to sixty (60) hours of CTO in their CTO account during the
calendar year. Accumulated CTO may be taken through December 31st of each
calendar year. Accumulated CTO not taken by midnight December 31st shall be
compensated in cash at an employee’s hourly rate of pay not including any
incentives. Such compensation shall be paid in January of the following year.
E. PAY INCENTIVES TO BE INCLUDED IN THE BASE RATE FOR OVERTIME UNDER
SECTIONS A AND B ABOVE
• Bilingual Pay
• Safety Committee Pay
• Microsoft Certified Engineer (MSCE) or VMware Certified Professional (VCP)
Certifications
• Standby Pay
• Work out of Grade Pay
• Temporary Assignment Pay
F. WORK WEEK FOR CALCULATION OF OVERTIME
For all bargaining unit members working a regular 5/40 work schedule or a 4/10
alternative work schedule, the work week for the purpose of calculating overtime as
defined in Sections A & B of this Article shall be seven consecutive days, beginning
at 12:00 am Thursday and ending at 11:59 pm Wednesday.
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For all bargaining unit members working a 9/80 alternative work schedule, the work
week for the purpose of calculating overtime as defined in Section A and B of this
Article shall be seven consecutive days, beginning exactly four hours into their eight-
hour shift on the day of the week which constitutes their alternative regular day off.
G. OVERTIME DISPUTE RESOLUTION PROCEDURE
The City and the Association acknowledge and agree that they have met and
conferred in good faith in accordance with California Government Code Section 3505
over the definition, calculation, and payment of contract overtime as defined in
Section A above. The City and the Association further acknowledge and agree that
Section A above establishes the full extent of the City’s contractual obligations to pay
overtime for services rendered within the course and scope of employment by
members of the bargaining unit and that to the extent individual claims for statutory
overtime under Section B above are asserted by or on behalf of any member of the
bargaining unit during the term of the MOA, such claims will not present or support a
claim for contract overtime under the MOA. The City and the Association further
acknowledge and agree that any and all claims for statutory overtime under Section
B above are expressly excluded from the grievance procedure set forth in Article 35
of the MOA.
The City and the Association further acknowledge and agree that they have met and
resolved potential issues concerning back overtime related to the Flores vs. City of
San Gabriel decision in the 2018-19 Memorandum of Agreement.
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ARTICLE 7 - STANDBY
A. Standby duty is defined as that circumstance which requires an employee so assigned
to:
• Be ready to respond immediately to a call for service;
• Be readily available at all hours by telephone or other agreed-upon communication
equipment; and
• Refrain from activities which might impair their assigned duties upon call (including
alcohol consumption).
B. Effective the first full pay period following the adoption of this agreement by City
Council, employees will receive forty-five dollars ($45.00) for each weekday, and sixty-
five dollars ($65.00) for each weekend day and holiday of such assignment.
Employees working an alternative work schedule that are assigned to standby duties
and are scheduled off work on a weekday shall receive sixty-five dollars ($65.00)
weekend standby pay.
C. For return to work as part of a standby assignment, as defined above, the City will
guarantee either two (2) hours of pay in cash at straight time or pay at time and one
half for time actually worked whichever is greater.
D. The parties agree that employees on standby, as defined above, are "waiting to be
engaged."
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ARTICLE 8 - CALLBACK
A. DEFINITION
Callback is defined as that circumstance which requires an employee to
unexpectedly return to work after the employee has left work at the end of the
employee's work shift or workweek;
Except that, an early call-in of up to two (2) hours prior to the scheduled start or a
work shift shall not be considered a callback.
B. COMPENSATION
For an unexpected return to work, as defined in A above, the City will guarantee
either four (4) hours pay in cash at straight time or pay at time and one-half for time
actually worked, whichever is greater.
If an employee who was called back and has completed their assignment and left
work is again called back to work, they will not receive another minimum if the return
is within the original minimum.
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ARTICLE 9 - WORK OUT OF CLASSIFICATION
A. OUT-OF-CLASS ASSIGNMENT
For the purposes of this article, an out-of-class assignment is the full-time
performance of all the significant duties of an available, funded position in one
classification by an individual in a position in another classification. An employee
assigned in writing by management to work out-of-class in a position that is assigned
a higher pay range and is vacant pending an examination or is vacant due to an
extended sick leave, shall receive five percent (5%), but in no case more than the
next higher step of the higher class, in addition to their regular base rate commencing
on the eleventh consecutive workday on the out-of-class assignment. Employees
assigned as project managers and thereby working out-of-classification shall receive
compensation pursuant to this section.
Work out-of-class compensation will be evaluated after six months. Out-of-class
compensation will be increased to the first step of the higher classification at least
five percent (5%) upon the recommendation of the supervisor and approval of the
department head.
B. SEASONAL SUPERVISION
If, in addition to their regularly assigned employees, any employee responsible for five
(5) or more temporary workers for a period exceeding 10 consecutive workdays shall
receive additional pay of 5% commencing with the 11th day.
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ARTICLE 10 - TEMPORARY ASSIGNMENT
An appointing authority or designee may temporarily assign an employee to a different
position for a specific period of time not to exceed 90 days, after which the employee returns
to their regular duties and position from which they were regularly assigned. The temporary
assignment may be extended past 90 days if agreed to by the employee in writing. Such
action shall have the prior approval of the Human Resources Director or designee. An
appointing authority may assign an employee to a different position for a period of time not
to exceed 90 days, provided the employee has received 24 hours written notice which
includes reasons for the assignment. Employees who are subject to temporary assignment
shall be compensated in accordance with Article 9A.
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ARTICLE 11 - BILINGUAL PAY
Employees certified as bilingual in Spanish through a testing process and certified as being
required to regularly use their Spanish speaking skills shall receive a bilingual payment of
thirty-five ($35) dollars per pay period. Employees are eligible for this incentive the first full
pay period following qualification. Additional languages may be approved by the City based
upon demonstrated need. Regardless of certification and payment, all employees shall use
any language skills they possess to the best of their ability.
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ARTICLE 12 - INFORMATION TECHNOLOGY CERTIFICATION INCENTIVES
The following classifications are eligible to receive a $500 monthly stipend for a Microsoft
Certified Engineer (MSCE) or VMWARE Certified Professional Certification (VCP).
Employees are eligible for this incentive the first full pay period following qualification:
• Control Systems Administrator
• Information Technology Systems Engineer
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ARTICLE 13 - MECHANIC TOOL ALLOWANCE
The following classifications are eligible to receive a tool allowance of $1,000 per year for
tool replacement, tool purchase, and/or tool updates:
• Mechanic Helper
• Heavy Equipment Mechanic
The allowance will be included on the first full pay period in January each calendar year.
Eligible employees hired after the annual tool allowance is provided, will receive a prorated
tool allowance, based on the employees start date.
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ARTICLE 14 - PAYDAY
Payroll will be disbursed on a bi-weekly schedule. Payday will be every other Thursday.
This disbursement schedule is predicated upon normal working conditions and is subject to
adjustment for cause beyond the City's control. The City will not compel electronic deposits.
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ARTICLE 15 - RETIREMENT
A. PERS Contracts
1. “Classic Members First Tier” employees hired before December 6, 2012.
The City agrees to provide the Public Employees' Retirement System’s (PERS)
2.7% at age 55 plan to all eligible employees using the highest one-year as final
compensation. The 2.7% at 55 plan includes the following amendments: the 1959
Survivor’s Benefit – Level Four, conversion of unused sick leave to additional
retirement credit, Military Service Credit, and Pre-Retirement Optional Settlement
2 Death Benefit.
2. “Classic Members Second Tier” employees hired on or after December 6, 2012.
The City agrees to provide the PERS 2% at 60 plan using the highest three-year
average as final compensation. The 2.0% at 60 plan includes the following
amendments: the 1959 Survivor's Benefit – Level Four, conversion of unused sick
leave to additional retirement credit, Military Service Credit, and Pre-Retirement
Option Settlement 2 Death Benefit.
3. “New Members Third Tier” employees hired after January 1, 2013.
PERS determines who are “New Members” within the meaning of the California
Public Employees’ Pension Reform Act (PEPRA). The City will provide the PERS
2% @ 62 plan, using the highest three-year average as final compensation.
B. Member Contributions
1. “Classic Members First and Second Tier”
Effective the first pay period in January 2014, employees began paying the full
member contribution required under the plan for first and second tier (8% and 7%
respectively) employees and the City discontinued their payment of the member
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contribution. For purposes of this Section, employee contributions are based on
salary and special compensation as defined by PERS.
All of the employee contributions are made on a pre-tax basis as allowed under
Internal Revenue Service Code Section 414 (h) (2).
2. “New Members Third Tier”
Effective on their date of hire, new members will pay 50% of the normal cost, as
determined by PERS.
All of the employee contributions are made on a pre-tax basis as allowed under
Internal Revenue Service Code Section 414 (h) (2).
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ARTICLE 16 - INSURANCE
A. HEALTH FLEX ALLOWANCE
Employees electing medical coverage in the City’s plans shall receive a health flex
allowance, as defined by the Affordable Care Act (“ACA”) and shall purchase such
coverage through the City’s Section 125 Plan “Cafeteria Plan”. If the health flex
allowance is less than the cost of the medical plan, the employee shall have the
opportunity to pay the difference between the health flex allowance and the
premium cost on a pre-tax basis through the City’s Cafeteria Plan. If the premium
cost for medical coverage is less than the health flex allowance, the employee shall
not receive any unused health flex in the form of cash or purchase additional
benefits under the Cafeteria Plan. Less than full-time employees shall receive a
prorated share of the City's contribution. Effective the first paycheck in January 2021,
the 2021 health flex allowance will be reset as shown below:
Level of Coverage 2018-2020
Monthly Rates
2021 Monthly
Rate
Employee Only $550 $593
Employee Only "Grandfathered"
*with no cash back option $790 $790
Employee Plus One $1,088 $1,173
Family $1,472 $1,588
Employees hired prior to September 1, 2008 that are grandfathered in and elect
employee only medical coverage will receive the health flex allowance listed above
for employee only “grandfathered” coverage. If an employee that is receiving
Employee Only or Opt Out “Grandfathered” coverage changes their level of
coverage, they will be eligible to return to the grandfathered coverage in a future year.
If the premium cost for medical coverage is less than the health flex allowance, the
employee shall not receive any unused health flex in the form of cash.
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Effective December 2021 (for the January 2022 premium), the City’s total health flex
allowance for group medical coverage shall be increased by an amount equal to one-
half of the average percentage change for family coverage in the PERS health plans
available in San Luis Obispo County. In any event, the City’s contribution will not be
decreased. For example: if three plans were available and the year-to-year changes
were +10%, +20%, and -6% respectively, the City’s contribution would be increased
by 4% (10% + 20% + -6% ÷ 3 = 8% x 1/2). The employee only grandfathered amount
will not adjust.
The City agrees to continue its contribution to the health flex allowance for two (2)
pay periods in the event that an employee has exhausted all paid time off due to an
employee's catastrophic illness. That is, the employee shall receive regular City
health flex allowance for the first two pay periods following the pay period in which
the employee's accrued vacation and sick leave balances reach zero (0).
B. PERS HEALTH BENEFIT PROGRAM
The City has elected to participate in the PERS Health Benefit Program. The City
shall contribute an equal amount towards the cost of medical coverage under the
Public Employee’s Medical and Hospital Care Act (PEMHCA) for both active
employees and retirees. The City’s contribution toward coverage under PEMHCA
shall be the statutory minimum contribution amount established by CalPERS on an
annual basis. The City's contribution will come out of that amount the City currently
contributes to employees as part of the City’s Cafeteria Plan. The cost of the City's
participation in PERS will not require the City to expend additional funds toward
health insurance. In summary, this cost and any increases will be borne by the
employees.
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Health Insurance Benefits for Domestic Partners
The City has adopted a resolution electing to provide health insurance benefits to
domestic partners (Section 22873 of the PEMHCA).
C. CONDITIONAL OPT OUT
Employees who at initial enrollment or during the annual open enrollment period,
complete an affidavit and provide proof of other minimum essential coverage for
themselves and their qualified dependents (tax family) that is not a qualified health
plan coverage under an exchange/marketplace or an individual plan, will be allowed
to waive medical coverage for themselves and their qualified dependents (tax family).
The monthly conditional opt-out incentives are:
Opt Out $200
“Grandfathered” Opt Out $790 (hired before September 1, 2008)
The conditional opt-out incentive shall be paid in cash (taxable income) to the
employee. The employee must notify the City within 30 days of the loss of other
minimum essential coverage. The conditional opt-out payment shall no longer be
payable, if the employee and family members cease to be enrolled in other minimum
essential coverage. Employees receiving the conditional opt-out amount will also be
assessed $16.00 per month to be placed in the Retiree Health Insurance Account.
This account will be used to fund the City's contribution toward retiree premiums and
the City's costs for the Public Employee's Contingency Reserve Fund and the
Administrative Costs. However, there is no requirement that these funds be used
exclusively for this purpose nor any guarantee that they will be sufficient to fund
retiree health costs, although they will be used for negotiated employee benefits.
D. DENTAL AND VISION INSURANCE/DEPENDENT COVERAGE
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Effective January 1, 2017, employee participation in the City's dental and vision plans
is optional. Employees who elect coverage shall pay the dental and/or eye premium
by payroll deductions on a pre-tax basis through the City’s Cafeteria Plan.
E. LIFE INSURANCE AND ACCIDENTIAL DEATH AND DISMEMBERMENT (AD&D)
Employees shall pay for life insurance coverage of Fifty Thousand Dollars ($50,000).
Effective April 1, 2019, Accidental Death and Dismemberment coverage in the
amount of Fifty Thousand Dollars ($50,000) shall be paid by the employee through
the City’s Cafeteria Plan.
F. MEDICAL PLAN REVIEW COMMITTEE
The Association shall appoint two voting representatives to serve on a Medical Plan
Review Committee. In addition, the Association may appoint one non-voting
representative to provide a wider range of viewpoint for discussion. The vote of each
voting representative shall be weighted according to the number of employees
represented by the Association.
1. DUTIES AND OBLIGATIONS OF THE MEDICAL PLAN REVIEW COMMITTEE
a. Review and suggest changes for the City's Cafeteria Plan and the insurance
plans offered under the MOA;
b. Submit to the City and its employee associations recommendations on
proposed changes for the City's Cafeteria Plan and the insurance plans
offered under the MOA;
c. Disseminate information and educate employees about the City's Cafeteria
Plan and the insurance plans offered under the MOA;
d. Participate in other related assignments requested by the City and its
employee associations.
2. MISCELLANEOUS
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a. The actions of the Medical Plan Review Committee shall not preclude the
Association and the City from meeting and conferring.
b. No recommendation of the Medical Plan Review Committee on matters within
the scope of bargaining shall take effect before completion of meet and confer
requirements between the City and Association.
c. If changes to the City's Cafeteria Plan, are subject to meet and confer
requirements, the City and the Association agree to meet and confer in good
faith.
d. In performing its duties, the Medical Plan Review Committee may consult
independent outside experts. The City shall pay any fees incurred for this
consultation, provided that the City has approved the consultation and fees in
advance.
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ARTICLE 17 - LONG TERM DISABILITY INSURANCE
Effective as soon as administratively possible following the ratification and adoption of the
Successor MOA, SLOCEA will assume sole responsibility for providing and administering a
plan for long term disability insurance. The City will have no role in or responsibility for
determining eligibility and enrolling employees in the plan or administering its provisions. In
this respect, the City’s only role will be to effectuate payroll deductions for employees
enrolled in the plan by SLOCEA and verified by SLOCEA to have authorized said
deductions. As part of the transition of duties and responsibilities for the LTD plan, SLOCEA
will be responsible for confirming or denying existing and continuing LTD plan coverage for
all bargaining unit members. The City will be responsible for notifying all non-bargaining
unit employees presently enrolled in the existing LTD plan regarding their eligibility for
continuing to be enrolled in the plan as determined by SLOCEA. Pending adoption of these
changes to Article 17, the City will maintain the status quo in administering its provisions
with respect to all bargaining unit members receiving LTD benefits.
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ARTICLE 18 - HOLIDAYS
The following days of each year are designated as paid holidays:
January 1 - New Year's Day
Third Monday in January - Martin Luther King Jr. Birthday
Third Monday in February - Presidents’ Day
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
November 11 - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
December 25 - Christmas
One-half day before Christmas
One-half day before New Year's Day
Two Floating Holidays
When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday
falls on a Sunday, the following Monday shall be observed. A holiday shall be defined as
eight (8) hours of paid time off for regular full-time employees and prorated for part-time
employees.
When Christmas or New Year’s Holiday falls on a Tuesday or Thursday, the City reserves
the right to close non-essential City services and offices on Monday or Friday (the day
adjacent to the observed holiday). Essential City services are determined at the discretion
of the Department Head. Employees scheduled to work in non-essential functions on the
days adjacent to the paid holidays would be required to use appropriate personal leave or
take the days as non-pay. The City would notify employees of closure of non-essential City
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services and offices no later than October 31st of the same year in order to provide
employees with ample time to plan accordingly.
Floating holiday accrual: Employees will be provided two floating holidays (16 hours) in a
floating holiday leave bank the pay period that January 1st falls within rather than being
accrued twice per year and will be prorated on a per pay period basis if an employee starts
later in the year. Employees will have the ability to use floating holiday leave hours at any
point during the calendar year. Unused floating holiday leave will not be carried over year
to year but can be taken through December 31st of each year.
If an employee terminates for any reason, having taken off hours in excess of their prorated
share of the floating holiday, the value of the overage will be deducted from the employee’s
final paycheck.
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ARTICLE 19 - SICK LEAVE
A. Sick leave shall be defined as absence from duty because of illness or off-the-job
injury, or exposure to contagious diseases as evidenced by certification from an
accepted medical authority.
B. Rules governing sick leave:
1. Each incumbent of a line-item position shall accrue sick leave with pay at the
rate of twelve (12) days or the prorated shift equivalent for part-time
employees per year of continuous service.
2. Sick leave may be used after the completion of the month of service in which
it was earned.
3. Sick leave shall begin with the first day of illness.
4. Department heads shall be responsible to the City Manager for the uses of
sick leave in their departments.
5. A department head shall require written proof of illness from an authorized
medical authority at the employee's expense for sick leave use in excess of
five (5) consecutive working days by personnel in their department. Such
proof may be required for periods less than five (5) consecutive working days
where there exists an indication of sick leave abuse.
6. Any employee who is absent because of sickness or other physical disability
shall notify their immediate supervisor or department head as soon as
possible but in any event during the first day of absence. Any employee who
fails to comply with this provision, without having a valid reason, will be placed
on leave of absence without pay during the unexcused absence and be
subject to disciplinary action.
7. Any employee absent for an extended illness or other physical disability may
be required by the Human Resources Director to have an examination by the
City's medical examiner, at City expense, prior to reinstatement to the City
service.
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8. An appointing authority, subject to approval of the Human Resources Director,
may require any employee to be medically examined where reasonable cause
exists to believe that an employee has a medical condition which impairs their
job effectiveness or may endanger the health, safety or welfare of the
employee, other employees, or the public. Employees who are judged to be
physically incapable of meeting normal requirements of their positions may be
placed in a classification of work for which they are suitable when a vacancy
exists, or may be separated for physical disability.
9. In the event that an employee's sick leave benefits become exhausted due to
illness or exposure to contagious disease, the employee shall revert to a
status of leave of absence without pay and be subject to the provisions of the
Personnel Rules unless eligible to participate in the City's Catastrophic Leave
Policy. For continuation of medical insurance see Insurance, Article 16,
Section A.
10. The right to benefits under the sick leave plan shall continue only during the
period that the employee is employed by the City. This plan shall not give any
employee the right to be retained in the services of the City nor any right of
claim to sickness disability benefits after separation from the services of the
City. When an employee receives compensation under the Worker's
Compensation Act of California, such compensation received shall be
considered part of the salary to be paid to the employee eligible for such
payments as required by state law. The amount paid by the City shall be the
difference between the amount received by the employee from the City's
compensation insurance coverage and the eligible employee's regular rate of
pay.
11. Notwithstanding anything contained in this section, no employee shall be
entitled to receive any payment or other compensation from the City while
absent from duty by reason of injuries or disability received as a result of
engaging in employment other than employment by the City for monetary gain
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or other compensation other than business or activity connected with their City
employment.
12. Accumulation of sick leave days shall be unlimited.
13. Upon termination of employment by death or retirement the employee or
beneficiary may choose: 1) a payout of the employee’s accumulated sick
leave balance based on years of service according to the following schedule,
2) to convert a portion or all of the employee’s sick leave balance to service
credit in accordance with CalPERS regulations, or, 3) a combination of these
two options:
(a) Death - 30%
(b) Retirement and actual commencement of PERS benefits:
(1) After ten years of continuous employment - 10%
(2) After fifteen years of continuous employment - 15%
(3) After twenty years of continuous employment – 20%
(4) After twenty-five years of continuous employment – 25%
(5) After thirty years of continuous employment – 30%
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ARTICLE 20 - BEREAVEMENT LEAVE
At each employee's option, sick leave may be used to be absent from duty due to the death
of an employee’s family member as defined in Article 21, Section C, provided such leave as
defined in this section shall not exceed five (5) working days (40 hours) for each incident.
The employee may be required to submit proof of relative's death before being granted sick
leave pay. False information concerning the death or relationship shall be cause for
discharge.
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ARTICLE 21 - FAMILY LEAVE
A. An employee may take up to six (6) days (48 hours) of sick leave per year if required
to be away from the job to personally care for a member of their family.
B. An employee may take up to seven (7) days (56 hours) of sick leave per year if the
family member is part of the employee's household and is hospitalized. The
employee shall submit written verification of such hospitalization.
C. For purposes of this Article, family is defined as spouse/domestic partner, child,
brother, sister, parent, parent-in-law, step-parent, step-brother, step-sister,
grandparent, or any other relative as defined by Labor Code 233 and/or Assembly
Bill 1522.
D. The amounts shown in A, B, and C above are annual maximums, not maximums per
qualifying family member.
E. In conjunction with existing leave benefits, employees with one year of City service
who have worked at least 1250 hours in the last year, may be eligible for up to 12
weeks of Family/Medical Leave in accordance with the federal Family and Medical
Leave Act (FMLA) and the California Family Rights Act (CFRA) within any 12-month
period. FMLA can be used for:
1. A new child through birth, adoption or foster care (maternal or paternal leave).
2. A seriously ill child, spouse or parent who requires hospitalization or
continuing treatment by a physician.
3. Placement of an employee's child for adoption or foster care.
4. A serious health condition which makes the employee unable to perform the
functions of his or her position.
This leave shall be in addition to leave available to employees under the existing four-
month Pregnancy-Disability Leave provided by California law. Paid leave, if used for
family leave purposes or personal illness, will be subtracted from the 12 weeks allowed
by FMLA/CFRA. Employees must use all available vacation, compensatory time off,
floating holiday, and sick leave prior to receiving unpaid FMLA/CFRA leave. Effective
March 2019, in the event an employee is caring for a family member and is covered
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under FMLA/CFRA, they will be able to use all accrued sick leave to care for a family
member.
Employees on FMLA/CFRA will continue to receive the City's contribution toward the
cost of health insurance premiums. However, employees who receive cash back
under the City's Ca feteria Plan will not receive that cash during the FMLA/CFRA. Only
City group health insurance premiums will be paid by the City.
If an employee does not return to work following FMLA/CFRA leave, the City may
collect from the employee the amount paid for health insurance by the City during the
leave. There are two exceptions to this rule:
1. The continuation of a serious health condition of the employee or a covered
family member prevents the return.
2. Circumstances beyond the employee's control.
Further details on FMLA/CFRA leaves, are available through the City's Policies and
Procedures on Leaves and in accordance with the law.
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ARTICLE 22 - VACATION LEAVE
A. Each incumbent of a 40 hour a week line-item position shall accrue vacation leave at
the following rates. Part-time employees will accrue a prorated amount of vacation
leave.
Years of
Service
Annual
Vacation
Accrual Days*
Annual
Vacation
Accrual Hours
0 to 5 years 12 days 96 hours
5 to 10 years 15 days 120 hours
10 to 20 years 18 days 144 hours
20+ years 20 days 160 hours
*One vacation day is equivalent to eight (8) hours for a 40-hour per week line-item position
B. An incumbent is not eligible to use accrued vacation leave until it has been accrued
and approved as provided below.
C. A regular employee who leaves the City service shall receive payment for any unused
vacation leave.
D. It is the employee's responsibility to request and use vacation leave in a manner that
neither jeopardizes their vacation balance nor the efficiency of the work unit. Vacation
schedules must be reviewed by management prior to the scheduled vacation.
Vacation schedules will be based upon the needs of the City and then, insofar as
possible, upon the wishes of the employee. Management may not deny an
employee's vacation request if such denial will result in the loss of vacation accrual by
the employee, except that, management may approve a two-month extension of
maximum vacation accrual. In no event shall more than one such extension be
granted in any calendar year.
E. Any employee who is on approved vacation leave and becomes eligible for sick leave,
as defined in Section 2.36.420 of the Municipal Code, may have such time credited as
sick leave under the following conditions:
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1. A physician's statement certifying that illness, injury or exposure to
contagious disease has occurred is presented to the supervisor upon
returning to work.
2. The vacation leave immediately ends and the employee reports to work
following the end of sick leave usage. (Ordinance No. 782 - 1978 Series).
F. Vacation leave shall be accrued as earned through the last pay day in December, up
to a maximum of twice the annual rate. Effective April 2019, SLOCEA employees
vacation time shall not exceed twice the annual rate. If an employee reaches the cap
at any time throughout the year, the employee will stop accruing vacation leave.
G. All employees in this unit are eligible, once in December, to request payment for up to
forty (40) hours of unused vacation leave provided that an employee's overall
performance and attendance practices are satisfactory. If an employee reaches the
annual accrual cap before December and is eligible for cash out as defined above, the
employee will be able to request vacation payment one additional time during the
calendar year, in addition to the December cash out. However, no more than 40 hours
of unused vacation leave will be paid out in any calendar year. Employees must have
eighty (80) hours of accrued vacation leave to be eligible for cash out in December.
Upon request, vacation sellback payments shall be made by separate check.
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ARTICLE 23 - WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on-the-job injury in accordance with state
workers' compensation law and is not eligible for disability payments under Labor Code
Section 4850 shall be paid the difference between their base salary and the amount
provided by workers' compensation during the first 90 business days of such temporary
disability absence. Eligibility for workers' compensation leave requires an ope n workers'
compensation claim.
For continuation of medical insurance see Insurance, Article 16, Section A.
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ARTICLE 24 - WORK SCHEDULE
Employees shall be scheduled to work on regular work shifts having regular starting and
quitting times. Except for emergencies, employees' work shifts shall not be changed without
reasonable prior written notice to the employee and the Human Resources Director. At least
14 days’ notice will normally be given, but in no event will less than seven days’ notice be
given, for an ordered work shift change. Neither callback nor overtime constitutes a change
in work shift. All references to accrual of vacation, holiday or sick leave in the Agreement
shall be interpreted as one (1) day being equivalent to eight (8) hours.
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ARTICLE 25 - PROBATION PERIOD
All new appointments in line-item positions in the classified service shall be subject to a
probationary period of one year. Promotions or transfers to line-item positions within the
general unit in the classified service shall be subject to a probationary period of six months.
The probationary period may be extended or reinstated if further employee evaluation is
deemed necessary for up to six months upon the written recommendation of the department
head and the written approval of the Human Resources Director.
Employees not successfully passing a promotional or transfer probation or voluntarily
requesting to have the promotion rescinded during the first 90 calendar days of the
probationary period shall be returned to their previously held position without notice or
hearing. If the cause for not passing probation was sufficient grounds for dismissal, the
employee shall be subject to dismissal without reinstatement to the lower position. If no
vacancy exists, the name of the employee may be placed on a Reemployment List per
Article 29, Layoffs, Section B.
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ARTICLE 26 - PERFORMANCE EVALUATIONS
Al l regular full-time employees shall receive an annual written performance evaluation from
their supervisor within thirty (30) days of the employee’s anniversary date, absent
exceptional circumstances. All regular full-time probationary employees shall receive
quarterly written performance evaluations within (30) days following the due date from their
supervisor, absent exceptional circumstances.
The performance evaluation scale consists of the following three categories: Exceeds
Performance Standards, Meets Performance Standards, and Below Performance
Standards.
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ARTICLE 27 - AMERICANS WITH DISABILITIES ACT
The City and Association acknowledge the passage of the Americans with Disabilities Act.
It is agreed that the City shall take all necessary actions to comply with the provisions of this
Act. If necessary, sections of this Memorandum of Agreement and/or the City Personnel
Rules may be suspended in order to achieve compliance.
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ARTICLE 28 - TRANSFER
A. TRANSFER PROCESS
Upon proper notice and concurrence by the City Manager, an employee may be
transferred by the appointing authority from one position to another in the same pay
range provided they possess the minimum qualifications as determined by the Human
Resources Director.
If the transfer involves a change from one department to another, both department
heads must consent thereto unless the City Manager orders the transfer for purposes
of economy and efficiency.
The employee shall be given five (5) business days' written notice of the transfer
including the reason for the change.
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ARTICLE 29 - LAYOFFS
LAYOFF PROCEDURE
In accordance with Personnel Rule 2.36.280, the City Council of San Luis Obispo shall
determine when and in what position or classifications layoffs are to occur. The Human
Resources Director shall be responsible for the implementation of a layoff order of the City
Council in accordance with the procedures outlined below:
A. After determining which job classification within a department shall be laid off,
the order of layoffs shall be as follows:
1. Temporary/supplemental and contract employees, in the order to be
determined by the appointing authority;
2. Probationary employees (promotional probation excluded), in the order
to be determined by the appointing authority;
For regular employees, layoffs shall be governed by job performance and
seniority in service within a particular department and job classification. For the
purpose of implementing this provision, job performance categories shall be
defined as follows:
Category 1:
Performance that is below performance standards. Performance
defined by this category is evidenced by the employee's two most recent
performance evaluations with an overall rating that falls in the lowest
performance evaluation category: Below Performance Standards.
Category 2:
Performance that is competent, superior, meets expectations, meets
performance standards, exceeds performance standards and
expectations or is outstanding. Performance defined by this category is
evidenced by an employee's two most recent performance evaluations
with an overall rating that falls within the Meets Performance Standards
or Exceeds Performance Standards performance evaluation categories.
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A regular employee being laid off shall be that employee with the least
seniority in the particular job classification concerned and in the
department involved who is in the lowest job performance category.
Employees in Category 1 with the lowest seniority will be laid off first,
followed by employees in Category 2. Should the two performance
evaluations contain overall ratings that are in the two different Categories
as defined above, the third most recent evaluation overall rating shall be
used to determine which performance category the City shall use in
determining order of layoffs.
a. In the event two or more employees in the same job classification
are in the same job performance category, the employee with the
least amount of service with the City shall be laid off first.
b. Transfer to another department in lieu of layoff is authorized upon
approval of the department needs, if there is a vacancy and the
employee meets the minimum job requirements.
c. Regular part time employees shall receive prorated seniority
credit.
B. Laid Off Employees on Reemployment List.
The names of employees who have been laid off shall be placed on the
appropriate Reemployment List for one year. The recall of employees will be in
reverse order of layoff, depending upon City requirements.
Reemployment lists shall be used for filling those classes requiring substantially
the same minimum qualifications, duties and responsibilities of the class from
which the layoff was made.
C. Appointment of Laid-Off Employees to Vacant Class.
An appointing authority may, with the approval of the department head and the
Human Resources Director and in agreement with the employee, appoint an
employee who is to be laid off to a vacancy in a vacant class for which he or
she is qualified.
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D. Employee reassignments (bumping procedure):
1. Employees who have been promoted during their service with the City
may bump back one classification in their career series, or to a position
within a classification they formerly held, if there is an employee in the
lower previously held classification with less seniority than the employee
who wants to bump. Seniority for the purpose of this section shall mean
time in the position in the lower classification plus time in other
classifications. For example, (1) an employee attempting to bump to
Accounting Assistant II from Accounting Assistant III would utilize their
combined time as a II and III in determining whether or not they had more
seniority than an individual in the II classification. (2) An employee
attempting to bump to a Parks Maintenance Specialist from a Sweeper
Operator position would utilize their combined time in each respective
position to determine seniority.
2. Reassignment rights may be exercised only once in connection with any
one layoff, and shall be exercised within seven (7) calendar days from
the date of the notice of the layoff, by written notice from the employee.
3. The bumping right shall be considered exercised by the displacement of
another employee with lesser total service or by the acceptance of a
vacant position in the class with the same or lower salary.
4. Full time and part time regular employees shall have bumping rights for
either full time regular or part time regular positions.
5. Notwithstanding the foregoing, if the City Manager determines that the
public interest will not be served by application of the above criteria, the
City Manager may depart therefrom on the basis of a clearly
demonstrable superiority in performance and/or qualifications.
6. Employees on layoff shall be offered reemployment in the inverse order
of layoff, provided no intervening factors have occurred which essentially
change the ability of the employee to perform the offered employment.
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E. Employment programs with special requirements will be administered in
accordance with appropriate Federal or State guidelines and directives.
F. The City will notify recognized employee organizations of the effective date of
any reduction in force concurrent with the notice to the affected employee(s)
pursuant to G, below.
G. Notice of Layoff to Employees.
An employee to be laid-off shall be notified in writing of the impending action at
least thirty (30) calendar days in advance of the effective date of the lay-off.
The notice shall include the following information:
1. Reason for lay-off.
2. Effective date of layoff.
3. Employee rights as provided in these rules.
H. Removal of Names from Reemployment Lists.
The Human Resources Director may remove an employee's name from a
reinstatement list if any of the following occur:
1. The individual indicates that they will be unable to return to employment
with the City during the life of the list; or
2. The individual cannot be reached after reasonable efforts have been
made to do so. The City shall utilize certified mail when contacting
individuals; or
3. The individual refuses two reemployment offers. Individuals shall have
ten (10) days to respond to the offer of reemployment and an additional
fourteen (14) days to return to work.
K. Employee Rights and Responsibilities.
In addition to rights identified herein, employees affected by these procedures
shall also have the following rights:
1. Through prior arrangement with their immediate supervisor an employee
who has been notified of the impending layoff shall be granted
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reasonable time off without loss of pay to participate in a prescheduled
interview or test for other employment.
2. An employee who has been laid off shall be paid in full for their unused
accrued vacation leave on the effective date of the layoff.
3. When an individual is reemployed they shall be entitled to:
a. Retain their seniority date.
b. Accrue vacation leave at the same rate at which it was accrued at
the time of the layoff.
c. Have any unused sick leave reinstated.
An individual reemployed into the job classification from which they were laid off shall be
assigned to the same salary range and step they held at the time of the layoff. An individual
reemployed into a job classification other than the classification from which they were laid
off shall be assigned to the salary range of the new classification at the amount closest to
the salary they earned at the time of the layoff. An individual reemployed into the
classification from which they were laid off while still a probationary employee shall
complete, upon return to the job, the remaining portion of the probationary period, if any, in
effect at the time of the layoff. Similarly, an individual who is reemployed shall complete
upon return to the job the same work time they would have had to work at the time of the
layoff to attain a higher vacation leave accrual rate or to become eligible for a salary step
increase, if such changes are possible.
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ARTICLE 30 - MODIFIED DUTY ASSIGNMENT
If an employee's medical condition temporarily precludes the performance of their normal
duties and management determines modified work is available and necessary to be
performed, he or she may, with medical authorization, be temporarily assigned to such work
for a period not to exceed six months. No change in base pay will result unless the duties
to be performed are substantially greater or lesser than those normally performed by the
employee and the employee's current pay rate is not within the pay range for the temporarily
assigned work. In no event shall any employee's current pay rate be reduced more than
four (4) ranges at the same step.
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ARTICLE 31 - CLASS "A & B" PHYSICALS
The City will pay for costs for physical exams not covered by City insurance policies required
for those employees required by the City to hold valid Class "A or B" California drivers
licenses.
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ARTICLE 32 - UNIFORM AND UNIFORM ALLOWANCE
A. All employees required to wear City uniforms shall be provided clean uniforms. A
uniform includes either one shirt and pants combination or one pair of coveralls.
B. Uniforms and work shoes shall only be used on City business.
C. Employees required to wear City uniforms shall only be permitted to wear other
clothing for medical reasons upon submission of a letter from the city doctor certifying
that the city uniform is injurious to their health. Decisions regarding this paragraph
shall be made by the Human Resources Director on a case-by-case basis.
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ARTICLE 33 - SAFETY PROGRAM
The City shall continue a compensation program for safety representatives on the basis that
each designated safety member shall be compensated at the rate of $10.00 per month. The
description of the duties of a safety committee member shall be designed by the Human
Resources Director or designee. The intent of the safety representatives is to assist the
Human Resources Director and the overall safety program in reducing accidents by
reporting hazardous conditions.
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ARTICLE 34 - EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose of representation on all
matters of employer-employee relations including but not limited to, wages, hours and other
terms and conditions of employment. Employees of the City also shall have the right to
refuse to join or participate in the activities of employee organizations and shall have the
right to represent themselves individually in their employment relations with the City. No
employee shall be interfered with, intimidated, restrained, coerced or discriminated against
because of the exercise of these rights.
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ARTICLE 35 - GRIEVANCE PROCEDURE
A grievance is defined as an alleged violation, misinterpretation or misapplication of the
employer-employee resolution, the Personnel Rules and Regulations, any Memorandum of
Agreement, excluding disciplinary matters, or any existing written policy or procedure
relating to wages, hours or other terms and conditions of employment excluding disciplinary
matters.
Each grievance shall be handled in the following manner:
A. The employee who is dissatisfied with the response of the immediate supervisor shall
discuss the grievance with the supervisor's immediate superior. The employee shall
have the right to choose a representative to accompany him/her at each step of the
process. If the matter can be resolved at that level to the satisfaction of the employee,
the grievance shall be considered terminated.
B. If still dissatisfied, the employee may submit the grievance in writing to the
department head for consideration, stating the facts on which it was based, including
the provision of the rules, regulations, or agreement said to be violated, and the
proposed remedy. This action must take place within fifteen (15) business days of
the response of the supervisor's immediate superior but in no event later than thirty
(30) calendar days after the occurrence of the event giving rise to the grievance. The
department head shall promptly consider the grievance and render a decision in
writing within fifteen (15) business days of receiving the written grievance. If the
employee accepts the department head's decision, the grievance shall be considered
terminated.
C. If the employee is dissatisfied with the department head's decision, the employee
may immediately submit the grievance in writing to the Human Resources Director
within seven (7) business days of receiving the department head’s decision. The
Human Resources Director shall confer with the employee and the department head
and any other interested parties, and shall conduct such other investigations as may
be advisable.
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D. The results of findings of such conferences and investigations shall be submitted to
the City Manager in writing within fifteen (15) business days of receiving the
employee's written request. The City Manager will meet with the employee if the
employee so desires before rendering a decision with respect to the complaint. The
City Manager's decision and reason if denied shall be in writing and given to the
employee within twenty (20) business days of receiving the Human Resources
Director's results and findings. Such decision shall be final unless employee desires
the Personnel Board to review the decision. If such is the case, the employee will
have ten (10) business days following receipt of the City Manager's decision to submit
a written request to the Personnel Board through the Human Resources Director for
a review of the decision. The Personnel Board within thirty (30) business days shall
review the record and either (1) issue an advisory opinion to the City Manager; or (2)
conduct a hearing on the matter. If a hearing is held, an advisory opinion shall be
rendered by the Board within ten (10) business days of the close of such hearing. If
an opinion signed by at least three (3) members of the Personnel Board recommends
overruling or modifying the City Manager's decision, the City Manager shall comply
or appeal this recommendation to the City Council. Such appeal shall be filed with
the City Clerk within three (3) business days of the Board's action. If appealed, the
City Council shall review the case on the record and render a final decision within
thirty (30) business days of submittal.
E. In the case of grievances alleging a violation, misinterpretation, or misapplication of
an express provision(s) of this MOA, any appeal from the City Manager’s decision
shall be submitted to final and binding arbitration. Selection of the arbitrator and the
hearing procedures to be followed shall be in accordance with Section 2.36.360 -
Grievance Procedure F.2 a, b, d of the Personnel Rules and Regulations. The
hearing officer’s jurisdiction under this subsection shall be limited to alleged
violations, misinterpretation, or misapplication of express provisions of this MOA.
The hearing officer’s decision will be final and binding.
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ARTICLE 36 - REPRESENTATIVE ROLE
A. Members of any recognized employee organization may, by a reasonable method,
select not more than seven (7) employee members of such organization to meet and
confer with the Municipal Employee Relations Officer and other management officials
(after written certification of such selection is provided by an authorized official of the
organization) on subjects within the scope of representation during regular duty or
work hours without loss of compensation or other benefits.
The employee organization shall, whenever practicable, submit the name(s) of each
employee representative to the Municipal Employee Relations Officer at least two
working days in advance of such meeting. Provided further:
(1) That no employee representative shall leave his or her duty or work station or
assignment without specific approval of the department head or other
authorized City management official. If employee representatives cannot be
released, date of meeting will be rescheduled in accordance with item 2
below.
(2) That any such meeting is subject to scheduling by City management
consistent with operating needs and work schedules. Nothing provided
herein, however, shall limit or restrict City management from scheduling such
meetings before or after regular duty or work hours.
B. Association members will donate a total of 300 hours per year (inclusive of any
carryover time) of vacation time off to an Association “time bank” under the following
guidelines:
(1) Prior to the first full pay period of July each calendar year, the Association
Board of Directors shall determine the number of hours remaining in the
Association time bank. The Association President shall give notice to Payroll
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and the number of hours shall be subtracted from the maximum number of
time bank hours of 300 hours. The difference between the actual number of
hours and the 300-hour maximum will be divided by the number of
represented Association employees. Each represented employee shall then
contribute an equal number of vacation hours to be debited by the City to
maintain the 300-hour time bank.
a. Only Association officers, directors or bargaining team members may
draw from the time bank.
b. Requests to use time from the time bank must be made reasonably in
advance of the use. Approval is subject to the operational necessity of
the departments and normal time off approval processes.
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ARTICLE 37 - COMMITTEE REPRESENTATION
A. If the Human Resources Director establishes a committee to study possible changes
which will affect significant numbers of employees in the unit in subjects within the
scope of representation, and if the Human Resources Director includes unit members
on the committee, such committee members shall be designated by the Human
Resources Director after consultation with the Association.
This unit shall have the same number of committee members as each other unit has.
B. Two representatives of the bargaining unit designated by the Association and two
representatives of management designated by the City shall meet on an as-needed
basis to discuss issues of concern to the parties.
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ARTICLE 38 - DUES DEDUCTION
A. The City agrees to automatically deduct from bargaining unit member’s pay SLOCEA
dues and other SLOCEA assessments as authorized and certified by SLOCEA.
Certification by SLOCEA will be in writing and directed to the City’s Finance Director
or designee. Requests to cancel or change deductions once certified by SLOCEA
will be directed to SLOCEA rather than to the City. The City shall rely on the
information provided by SLOCEA regarding whether the deductions were properly
deducted, cancelled or changed and SLOCEA will indemnify the City of any claims
made by the employee for deductions, cancellations or changes made in reliance on
the certification/information to the City by SLOCEA.
B. The City further agrees to issue a deposit transfer each payroll period, payable to
SLOCEA’s designated financial institution, for the total amount of the individual
bargaining unit members deductions for dues and assessments collected during
each payroll period.
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ARTICLE 39 - MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the
mission of its constituent departments, commissions and boards; set standards of service;
determine the procedures and standards of selection for employment and promotion; direct
its employees; take disciplinary action; relieve its employees from duty because of lack of
work or for other legitimate reasons; maintain the efficiency of governmental operations;
determine the methods, means and personnel by which government 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.
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ARTICLE 40 - PEACEFUL PERFORMANCE
A. From July 1, 2019 to June 30, 2022, the Parties agree as follows: The Association
shall not hinder, delay, or interfere, coerce employees of the City to hinder, delay, or
interfere with the peaceful performance of City services by strike, concerted work
stoppage, cessation of work, slow-down, sit-down, stay-away, or unlawful picketing.
B. Employees shall not be locked out or prevented by management officials from
performing their assigned duties when such employees are willing and able to
perform such duties in the customary manner and at a reasonable level of efficiency,
provided there is work to perform.
The provisions of this Article replace and supersede the no strike provisions set forth in
Resolution 6620 Employer-Employee Relations Resolution.
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ARTICLE 41 – WEINGARTEN RIGHTS
Upon the employee’s request, an employee may be represented at an investigatory
interview if the employee reasonably believes that disciplinary action may result. Prior to
the interview, the employee shall be informed of the general nature of the matter being
investigated. The employee may request to consult with their representative, if any. If the
representative an employee requests is unavailable, the employee may request alternate
representation. The City is not obliged to postpone the interview, nor to suggest or secure
the alternate representation; however, the employee shall not be required to answer any
questions without a representative present, unless the employee voluntarily chooses to do
so.
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ARTICLE 42 – NEW EMPLOYEE ORIENTATION – AB 119
A. The City shall provide ten (10) business days advance notice of new employee
orientation for employees who are bargaining unit members represented by
SLOCEA. Additionally, the City shall provide the name, job title, and department,
contact information to include telephone number, email address and physical
address of all new hires within thirty (30) days of the date of hire. The City shall
update that same information for all bargaining unit members not less than every
one-hundred twenty (120) days.
B. The City typically conducts new employee orientations on the first day of the pay
period from 9:00-11:00 AM. The City shall permit SLOCEA representatives to meet
with new employees for up to one hour following the City’s orientation and will
schedule a room for the association representative’s use.
C. The City will provide notice of new employee orientations to the SLOCEA President,
Vice-President and Secretary via the City’s Outlook calendar software. Human
Resources staff will provide written SLOCEA new employee orientation information
materials to new hires as requested by SLOCEA during orientations.
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ARTICLE 43 – PERSONNEL FILE LOG AND SECURITY
The City will keep a master log for each file, tracking who accessed the personnel file, on
what date, duration of review, and the general purpose. If the City transitions to an electronic
system, the parties agree to meet and confer over effects, including tracking who accesses
the files.
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ARTICLE 44 - FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all
negotiable issues between the City and the Association. The Agreement supersedes all
previous Memoranda of Understanding or Memoranda of Agreement between the City and
the Association except as specifically referred to in this Agreement. The parties, for the term
of this Agreement, voluntarily and unqualifiedly agree to waive the obligation to meet and
confer with respect to any terms and conditions of employment specifically referred to or
covered in this Agreement. If, during the term of this Agreement, the City proposes changes
to terms and conditions of employment not covered by this Agreement and/or introduces
new terms and conditions of employment that fall within the statutory scope of bargaining,
the Association will be afforded written notice of such proposed changes and the right to
meet and confer upon request prior to implementation of the proposed changes.
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ARTICLE 45 - SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by any court
of competent jurisdiction, or if compliance with or enforcement of any provision should be
restrained by any tribunal, the remainder of this Agreement shall not be affected thereby,
and the parties shall enter into a meet and confer session for the sole purpose of arriving at
a mutually satisfactory replacement for such provision within a thirty (30) day work period.
If no agreement has been reached, the parties agree to invoke the provision of impasse
under Section 13 of City Resolution No. 6620.
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ARTICLE 46 - AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Agreement:
D. The Association's principal authorized agent shall be the President or Labor
Consultant (address: PO BOX 15004, San Luis Obispo, California 93406: (805) 441-
3256).
E. Management's principal authorized agent shall be the Human Resources Director or
designee (address: 990 Palm Street, San Luis Obispo, CA 93401-3249; telephone:
(805) 781-7250).
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ARTICLE 47 - SIGNATURES
Classifications covered by this Agreement and included within this unit are shown in
Appendix "A".
This Agreement becomes effective December 8, 2020, as witnessed hereto by the following
parties:
CITY OF SAN LUIS OBISPO SAN LUIS OBISPO CITY EMPLOYEES’
ASSOCIATION
________________________________ _________________________________
Richard Bolanos, City Chief Negotiator Dale E. Strobridge, SLOCEA Chief Negotiator
________________________________ _________________________________
Monica Irons, Human Resources Director Ron Faria, SLOCEA President
________________________________ _________________________________
Nickole Sutter, Human Resources Manager Tracy J. Jones, SLOCEA General Counsel
Other SLOCEA Negotiating Team Members
Anthony Whipple
Brian Lindsey
Dan Liddell
Rebecca Cox
Ryan Dale
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APPENDIX A - CLASSIFICATIONS
The classifications listed below are those classifications represented by the Association
and are presented alphabetically which does not illustrate job families nor functional
groupings as shown in previous MOA’s.
. Accounting Assistant I
. Accounting Assistant II
. Accounting Assistant III
. Administrative Assistant I
. Administrative Assistant II
. Administrative Assistant III
Application Systems Specialist
. Assistant Planner
Associate Planner
. Building Inspector I
. Building Inspector II
. Code Enforcement Officer I
. Code Enforcement Officer II
Code Enforcement Technician I
Code Enforcement Technician II
Control Systems Administrator
Deputy City Clerk I
Deputy City Clerk II
. Engineer I
. Engineer II
. Engineer III
. Engineering Inspector I
. Engineering Inspector II
. Engineering Inspector III
. Engineering Inspector IV
. Engineering Technician I
. Engineering Technician II
. Engineering Technician III
Enterprise System Database Administrator
Environmental Compliance Inspector
Equipment Operator
Facilities Maintenance Technician SBP
. GIS Specialist I
. GIS Specialist II
Golf Maintenance Crew Coordinator
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Heavy Equipment Mechanic
Information Technology Assistant
Information Technology Systems Engineer
Laboratory Analyst SBP
. Maintenance Worker I - Parks
. Maintenance Worker II - Parks
. Maintenance Worker III - Parks
Mechanic Helper
Parking Coordinator
Parking Enforcement Officer I
Parking Enforcement Officer II
Parking Meter Repair Worker
Parks Crew Coordinator
Parks Maintenance Specialist SBP
. Permit Technician I
. Permit Technician II
. Planning Technician
Plans Examiner
Ranger Maintenance Worker
Recreation Coordinator
Signal and Street Lighting Technician
Solid Waste and Recycling Coordinator
Streets Crew Coordinator
Streets Maintenance Operator SBP
Supervising Administrative Assistant
Supervising Utility Billing Assistant
Sweeper Operator
Systems Integration Administrator
Tourism Coordinator
Transit Assistant
Transit Coordinator
. Transportation Planner-Engineer I
. Transportation Planner-Engineer II
. Transportation Planner-Engineer III
Underground Utilities Locator
Urban Forester SBP
Utility Billing Assistant
Wastewater Collection System Operator SBP
Water Distribution Chief Operator
Water Distribution System Operator SBP
Water Resource Recovery Facility Chief Maintenance Technician
Water Resource Recovery Facility Chief Operator
Water Resource Recovery Facility Maintenance Technician SBP
Water Resource Recovery Facility Operator SBP
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Water Resources Technician
Water Supply Operator SBP
Water Treatment Plant Chief Maintenance Technician
Water Treatment Plant Chief Operator
Water Treatment Plant Operator SBP
. Denotes positions within a career series
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APPENDIX B - SKILLS BASED PAY GUIDANCE DOCUMENT
Skills Based Pay – Guidance Document
Skills Based Pay is a pay/classification system which establishes employee pay and position within
a broad pay scale based on the employee’s demonstrated knowledge, skills, and abilities as
compared to a defined criterion for each position. This is a different pay/classification model than
the traditional time in-grade system.
Benefits of the Skills Based Pay Program are:
1. Promotes teamwork and provides incentive for employees to be their best.
2. Allows natural leaders to flourish and individual strengths to surface.
3. Encourages cross-training of employees and sets mandatory skill levels within a
classification to ensure a flexible, highly skilled workforce.
4. Eliminates traditional hierarchy of multiple classifications and in lieu, provides a single
broad pay and classification range, reducing artificial barriers to career progression.
5. An employee’s step within their range will be based on employee’s value to the
organization as measured by demonstrated knowledge, skills, performance and abilities.
6. Employee progression through the steps in a range occurs at a rate commensurate with
their ability.
7. Expectations for personnel are reflected in the Skills Based Pay Criteria.
Employees demonstrating exceptional performance and development, who are able to meet the
defined criteria for progression, can progress at a rate faster than one step per year. Conversely,
employees unable to demonstrate the required performance, knowledge, skills, and abilities
required to progress to the next step as defined in the criteria, will not progress.
Classifications Covered Under Program
Step System Skills Based Pay Department Date started SBP
Building Maintenance Worker I
– III &Technician
Facilities Maintenance
Technician
Public Works April 9, 2015
Heavy Equipment Mechanic Fleet Maintenance
Technician
Public Works N/A
Parks Maintenance Worker I –
III
Parks Maintenance
Specialist
Public Works June 30, 2016
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Street Maintenance Worker IIII
& Heavy Equipment
Operator II
Streets Maintenance
Operator
Public Works April 9, 2015
Tree Trimmer I – II Urban Forester Public Works April 9, 2015
Lab Analyst I - II Laboratory Analyst Utilities January 22, 2002
Utility Worker I – III WWC Wastewater Collection
System Operator
Utilities January 22, 2002
Utility Worker I – III Water Dist. Water Distribution System
Operator
Utilities January 22, 2002
Operator Trainee WRF Operator
I - III WRF
Water Resource Recovery
Facility Operator
Utilities January 22, 2002
Water Service Operator I - III Water Supply Operator Utilities January 22, 2002
Operator I – III WTP Water Treatment Plant
Operator
Utilities January 22, 2002
Maintenance Technician I - II Water Resource Recovery
Facility Maintenance
Technician
Utilities January 22, 2002
1. Step Criteria
The evaluation criteria for classifications are broken down into 9 separate steps. Employees must
meet all the criteria required of each step, and demonstrate proficiency of each required skill, while
continuing to meet all requirements of previous steps achieved.
Step 1 identifies the evaluation criteria expected of an entry level employee.
Step 2 and 3 reflect stronger and more closely related experience requirements, as well as
increasing knowledge and abilities for the classification.
Steps 4 through 6 identify ongoing development and demonstration of skill sets up to the point of
development of a highly skilled and competent individual in the work classification who is able to
lead work and functioning a very independent manner.
Attaining step 6 is mandatory and employees must demonstrate ongoing and consistent progress
toward achieving this step in order to meet expectations. An employee at Step 6 is considered to
have reached full journey level. By having staff function at a full journey level (Step 6), a
department has the maximum flexibility in the use of its personnel resources to respond effectively,
with skilled journey level employees bringing maximum utility to the organization.
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Step 7 is primarily represented by an employee who demonstrates the ability to lead or manage a
project or program. While the employee will have the ability to do a project much earlier in the
steps, the sophistication and complexity of the step 7 project/program will demonstrate the
employee’s program and policy comprehension as well as demonstration that the employee
possesses an understanding of the department’s overall goals.
Step 8 goes further into the personnel job-related leadership skills such as: conflict resolution, time
management, team building, staff training and optimization of work duties. Employees at this
level are expected to contribute to the growth of the organization through their knowledge of their
work duties and a department’s Strategic Plan and other related documents.
Step 9 is intended to represent those employees who have achieved the ability to assume the duties
of their supervisor for a limited amount of time. Employees at this level would typically be actively
involved with professional organizations for the betterment of the industry and the department.
Self assessment and the pursuit of additional training / education required to maintain advanced
journey level skills are expected of employees at this level.
The remaining steps 7 through 9 increasingly incorporate the knowledge, skills, performance and
abilities of a fully developed, advanced journey level employee, with excellent technical,
interpersonal, and professional skills, emphasizing the expectation that all employees be able to
function independently, lead teams on projects, and be actively involved in their profession.
Attaining steps 7 through 9 is desirable, but not mandatory.
2. Step Placement
Employees are placed at the step in the criteria, in which they have demonstrated the knowledge,
skills, and abilities, required for that step and below. Step criteria will be available for employees
to review at least fourteen (14) days prior to an Employment Opportunity Program announcement
is made or a section or classification is invited to participate in S BP.
For employees working in a classification to be transitioned to the SBP program, each Supervisor
will review the criteria individually with staff members, and discuss their placement based on the
criteria requirements. Supervisors will then make placement recommendations based on the
criteria. Recommendations will be reviewed by the Division Manager prior to final approval by
the Department Director and the Human Resources Director.
New Hires
Newly hired employees shall meet the minimum qualifications as specified in the job description
and be placed in the appropriate step of the criteria based on their knowledge, skills, and abilities
ascertained through the application and interview process. Placement of new employees above
step four in the range requires the approval of the Department Director and the Human Resources
Director. Certain City requirements, as identified in the program criteria, will be waived for hiring,
but will be required to be completed within the first 12 months of employment in order for the
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employee to remain at their hired step. Employees failing to meet the requirements may be released
from new hire probation, unless there are extenuating circumstances.
Transfers to SBP through the Employment Opportunity Program (EOP )
Employees transferring into SBP from another SBP or Non-SBP classification through their
application for an open position and selection by an appointing authority shall meet the minimum
qualifications as specified in the job description and shall be placed in the appropriate step of the
criteria based on their knowledge, skills, and abilities. If the employee’s current salary exceeds
that of the pay step that corresponds to the skill step at which they have been placed in the SBP
criteria, the employee will be paid the lower salary step based on their SBP step placement.
Transfer employees are subject to a probationary period and reinstatement terms as provided in
the SLOCEA MOA. Certain City requirements, as identified in the program criteria, will be
required to be completed within the first 12 months of transfer in order for the employee to remain
at their transferred step.
Transition from Traditional Pay Plan to SBP by Section or Classification/Reclassification
When an entire Section or Classification transitions to SBP, the supervisor will evaluate the skills
of each employee and assign them to a skill step in the SBP criteria. If an employee’s salary
immediately prior to transfer is lower than the salary corresponding to the skill step at which the
employee is placed, the employee’s salary will be increased to the appropriate pay step. However,
if any affected employee’s current salary exceeds that of the pay step corresponding to the skill
step at which they have been placed in the SBP criteria, the employee will be paid his/her current
salary. S/he may receive their existing salary for up to two years until they are able to satisfy the
appropriate criteria that meets or exceeds their salary. Employees paid above the step criteria to
which they are assigned shall be considered Y rated (not performing up to established job standards
due to transfer to SBP). However, these employees shall be eligible to receive cost of living,
equity, or other salary adjustments authorized by Council through resolution for up to two years
from date of transfer into SBP.
3. Training and Certifications
Supervisors will work closely with employees in identifying individual training needs, and
providing work experience and certification programs. Training is a class or activity while
certification requires written or hands-on testing. Supervisors are actively involved in employee
training, certification, and work rotation for certain tasks and processes among staff. The City will
pay for required training and certifications identified in the SBP criteria. Certifications for
equipment will be available from either formal outside programs or standardized internal testing.
Employees may seek additional training in order to facilitate skills development and progression
through the SBP criteria. The City may fund costs for optional training if it is pre -approved.
Any equipment and software lists referenced in the SBP criteria, will be updated regularly to reflect
current equipment and software used. When new equipment and software are obtained for the
program which requires training and certification, the Supervisor will identify or develop a plan to
achieve certification and training. Employees will then be given the opportunity to complete a
training and certification program as scheduled by the Supervisor, to maintain their existing step
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placement or as part of advancement, or, as in some classifications, to meet Federal and State
mandated requirements.
4. Performance Evaluations and Step Adjustments
Employee evaluations with development plans will follow current Personnel Rules and
Regulations. At the time of performance evaluation, Supervisors will discuss with the employee
what areas of the SBP criteria have been achieved during the previous year, what criteria need to
be completed to achieve the next steps, and the status of achieving or maintaining Step 6. This
information will be documented in the development plan of the evaluation along with any
information on efforts needed to maintain step status.
Attainment of higher levels in Skills Based Pay will be commensurate with the higher expectations
of the employee at those levels. Employees will not be rated or denied placement at higher levels
based on the number or performance of other employees at a given step. There will be no limits
placed on the amount of Step 7, 8, or 9 employees within a work section. Employees may advance
multiple steps during a single evaluation cycle, provided they meet the SBP criteria for each step.
Employee evaluations are completed quarterly for probationary employees, and at a minimum,
completed annually for non-probationary employees. Placement adjustments are recommended by
the supervisor and made at the time of the employee’s evaluation. Adjustments may include more
than one step at each evaluation, depending upon completion of step criteria.
Employees may receive pay adjustments for meeting all criteria associated with the next step,
outside of the annual review process for those items of the SBP criteria specifically identified as
eligible items in the most recent evaluation development plan, for mid-year adjustment. No
additional evaluation is required; however, any such mid-year adjustment must have been clearly
identified in the prior appraisal.
Employees are responsible to provide any documentation needed for the adjustment to their
supervisor.
Employees failing to maintain performance and demonstrate competence through their current
placement within a step in a range will be subject to movement to a lower step in accordance with
MOA and Personnel Rules and Regulations.
All recommendations made by supervisors for employee step increases shall be subject to review
and approval by the department head and Human Resources. Employees wishing to appeal their
placement within a step in a range may appeal to the division manager and the department head.
5. Rules and Regulations
All Personnel Rules and Regulations, Memorandum of Agreement (MOA,) and other policies and
guidelines of the City and the department shall remain to govern the appropriate conduct of the
employee and the organization. Nothing in this program of skills based pay shall supersede the
City’s authority or the employee’s rights under the referenced documents.
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6. Program Participation
New classification(s) or section(s) can be identified to transition to Skills Based Pay, by either the
City or SLOCEA. Upon mutual agreement the classification(s) or section(s) will be considered to
be under a pilot program to evaluate effectiveness. Pilot programs are typically one year in
duration, but can be extended to two years at the recommendation of the employees in the affected
classification(s) or section(s) as communicated to the City by SLOCEA. At the end of the pilot
program, SLOCEA will notify the City that the affected classification(s) or section(s) will either
continue in the Skills Based Pay Program or terminate participation.
7. Program Review and Modification
The affected department(s) will assemble a review committee made up of, at minimum, a
representative from Human Resources, a representative from each classification, a representative
from the SLOCEA Board, and a manager from the department(s), to review in detail all program
components, including changes made to criteria, appropriateness, equity of the evaluation criteria,
issues with implementation, including perceived inconsistencies, progress in employee
development and availability of opportunities, and noted benefits to the City and its employees.
The Committee will meet, at a minimum, every six months during the pilot phase of the program,
and annually thereafter, with a goal of timely resolution of issues and ongoing consistency.
Recommended changes to the Guidance Document will be subject to the meet and confer process
prior to implementation.
The step criteria for each classification will periodically require updating or modification in order
to adequately represent changing needs of the organization and the demands of the various
positions. Changes in the criteria may be recommended by the affected classification(s), the
committee, or management, and reviewed and approved by the Department Head or his/her
designate(s) with concurrence of the Human Resources Director.
Human Resources Director Date SLOCEA President Date
Monica Irons Ron Faria