HomeMy WebLinkAboutR-11379 approve Memorandum of Understanding between the City of San Luis Obispo and the San Luis Obispo City Employees’ Association for the period of July 1, 2022 to June 30, 2025
R 11379
RESOLUTION NO. 11379 (2022 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING AND RATIFYING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN
LUIS OBISPO AND THE SAN LUIS OBISPO CITY EMPLOYEES’
ASSOCIATION FOR THE PERIOD OF JULY 1, 2022 TO JUNE 30, 2025
WHEREAS, the San Luis Obispo City Employees’ Association (SLOCEA) is
committed to providing high quality service to the community; and
WHEREAS, to achieve our service standards, the City must attract and retain highly
qualified employees who exemplify our organizational values; and
WHEREAS, fostering an environment attractive to such employees depends upon
many factors, including a competitive compensation program; and
WHEREAS, the City of San Luis Obispo has experienced challenges recruiting
and retaining employees in the SLOCEA bargaining group; 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 Labor
Relations Objectives and Compensation Philosophy, while also considering the long-term
fiscal sustainability of changes in compensation.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo hereby revises the San Luis Obispo City Employees’ Association compensation as
follows:
SECTION 1. The Memorandum of Understanding 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 2. The Director of Finance shall adjust the appropriate accounts to reflect
the compensation changes.
SECTION 3. The City Manager shall implement recommendations of the standby
committee or such alternative as he deems necessary to effectuate the purpose.
SECTION 4. The City Clerk shall file and furnish a copy of this resolution and a copy
of the executed Memorandum of Understanding approved by it to Ryan Dale, SLOCEA
President, and Nickole Domini, Director of Human Resources.
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Resolution No. 11379 (2022 Series) Page 2
R 11379
SECTION 5. Amendments to compensation for the San Luis Obispo City
Employees’ Association do not constitute a “Project” under CEQA Guidelines Sec. 15378.
Upon motion of Council Member Pease, seconded by Council Member Francis, and
on the following vote:
AYES: Council Member Francis, Pease, Shoresman, Vice Mayor Marx, and
Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 13th day of December 2022.
______________________________
Mayor Erica A. Stewart
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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12/21/2022 | 10:52 AM PST
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Memorandum of Understanding
Between The City of San Luis Obispo and
San Luis Obispo City Employees’ Association
Term of Agreement:
July 1, 2022 to June 30, 2025
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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 ................................................................................................. 4
ARTICLE 6 - OVERTIME ........................................................................................... 12
ARTICLE 7 - STANDBY ............................................................................................ 15
ARTICLE 8 - CALLBACK ........................................................................................... 17
ARTICLE 9 - WORK OUT OF CLASSIFICATION ..................................................... 18
ARTICLE 10 - TEMPORARY ASSIGNMENT ........................................................... 19
ARTICLE 11 - BILINGUAL PAY ................................................................................ 20
ARTICLE 12 - INFORMATION TECHNOLOGY CERTIFICATION INCENTIVES ...... 21
ARTICLE 13 - MECHANIC TOOL ALLOWANCE...................................................... 22
ARTICLE 14 - PAYDAY ............................................................................................. 23
ARTICLE 15 - RETIREMENT .................................................................................... 24
ARTICLE 16 - INSURANCE ...................................................................................... 26
ARTICLE 17 - LONG TERM DISABILITY INSURANCE ........................................... 31
ARTICLE 18 - HOLIDAYS ......................................................................................... 32
ARTICLE 19 - SICK LEAVE ....................................................................................... 34
ARTICLE 20 - BEREAVEMENT LEAVE .................................................................... 37
ARTICLE 21 - FAMILY LEAVE .................................................................................. 38
ARTICLE 22 - VACATION LEAVE ............................................................................ 39
ARTICLE 23 - WORKERS' COMPENSATION LEAVE .............................................. 42
ARTICLE 24 - WORK SCHEDULE ............................................................................ 43
ARTICLE 25 - PROBATION PERIOD ........................................................................ 44
ARTICLE 26 - PERFORMANCE EVALUATIONS ...................................................... 45
ARTICLE 27 - TRANSFER ........................................................................................ 47
ARTICLE 28 - LAYOFFS ........................................................................................... 48
ARTICLE 29 - MODIFIED DUTY ASSIGNMENT...................................................... 54
ARTICLE 30 - CLASS "A & B" PHYSICALS ............................................................. 55
ARTICLE 31 - UNIFORM AND UNIFORM ALLOWANCE ....................................... 56
ARTICLE 32 - SAFETY PROGRAM .......................................................................... 57
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ARTICLE 33 - EMPLOYEE RIGHTS .......................................................................... 58
ARTICLE 34 - GRIEVANCE PROCEDURE ................................................................ 59
ARTICLE 35 - REPRESENTATIVE ROLE .................................................................. 62
ARTICLE 36 - COMMITTEE REPRESENTATION..................................................... 64
ARTICLE 37 - DUES DEDUCTION ........................................................................... 65
ARTICLE 38 - MANAGEMENT RIGHTS .................................................................. 66
ARTICLE 39 - PEACEFUL PERFORMANCE ............................................................. 67
ARTICLE 40 - WEINGARTEN RIGHTS ..................................................................... 68
ARTICLE 41 - NEW EMPLOYEE ORIENTATION ..................................................... 69
ARTICLE 42 - PERSONNEL FILE LOG AND SECURITY ......................................... 69
ARTICLE 43 - FULL AGREEMENT ........................................................................... 70
ARTICLE 44 - SAVINGS CLAUSE ............................................................................ 71
ARTICLE 45 - AUTHORIZED AGENTS .................................................................... 72
ARTICLE 46 - SIGNATURES .................................................................................... 73
APPENDIX A - CLASSIFICATIONS .......................................................................... 74
APPENDIX B - SKILLS BASED PAY GUIDANCE DOCUMENT .............................. 77
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ARTICLE 1 - PARTIES TO AGREEMENT
This Agreement is made and entered into this 13th day of December 2022, 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, 2022, 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, 2025.
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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 Memorandum of Understanding
(MOU). 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
the employee one step unless their 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
MOU 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 biweekly 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 bargaining
unit members.
• July 2022 0%
• July 2023 2.0%
• July 2024 2.0%
F. MARKET EQUITY ADJUSTMENTS
In addition to the above listed salary increases, the following job classifications shall
receive market equity adjustments to be effective beginning on the December 8, 2022
pay period, payday December 29, 2022. These adjustments are based on the 2021
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Benchmark Compensation Study results and are implemented in an effort to address
recruitment and retention challenges:
Job Title Market Equity
Adjustment
Accounting Assistant I 5.3%
Accounting Assistant II 5.3%
Accounting Assistant III 8.0%
Administrative Assistant I 5.3%
Administrative Assistant II 5.3%
Administrative Assistant III 2.6%
Administrative Specialist 2.6%
Aquatics Coordinator 2.7%
Assistant Planner 10.9%
Associate Planner 10.9%
Beautification Gardener 13.8%
Building Inspector I 5.4%
Building Inspector II 5.3%
Cannabis Business Coordinator 10.9%
Capital Projects Manager I 8.1%
Capital Projects Manager II 8.1%
Capital Projects Manager III 8.1%
Code Enforcement Officer I 8.1%
Code Enforcement Officer II 8.1%
Code Enforcement Technician I 8.0%
Code Enforcement Technician II 8.1%
Communications Coordinator 2.6%
Control Systems Administrator 16.9%
Deputy City Clerk I 2.6%
Deputy City Clerk II 2.6%
Engineer I 8.1%
Engineer II 8.1%
Engineer III 8.1%
Engineering Inspector I 8.1%
Engineering Inspector II 8.1%
Engineering Inspector III 8.1%
Engineering Inspector IV 8.1%
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Job Title Market Equity
Adjustment
Engineering Technician I 8.1%
Engineering Technician II 8.0%
Engineering Technician III 8.1%
Enterprise System Database Administrator 16.9%
Environmental Compliance Inspector (SBP) 8.0%
Facilities Maintenance Technician (SBP) 10.0%
Financial Specialist 11.0%
Fleet Services Specialist 2.6%
GIS Specialist I 16.8%
GIS Specialist II 16.8%
Heavy Equipment Mechanic 10.9%
Housing Coordinator 10.9%
Information Technology Assistant 16.9%
Information Technology Security Engineer 16.9%
Information Technology System Engineer 16.9%
Laboratory Analyst (SBP) 8.0%
Maintenance Contract Coordinator 8.1%
Maintenance Crew Coordinator 5.3%
Maintenance Worker I 10.9%
Maintenance Worker II 10.9%
Maintenance Worker II - Parks 10.9%
Maintenance Worker III 11.0%
Maintenance Worker III - Parks 11.0%
Mechanic Helper 10.9%
Parking Coordinator 10.9%
Parking Enforcement Officer I 10.9%
Parking Enforcement Officer II 11.0%
Parking Meter Repair Worker 13.8%
Parks Crew Coordinator 13.7%
Parks Maintenance Specialist (SBP) 13.8%
Permit Technician I 5.3%
Permit Technician II 2.6%
Permit Technician III 2.6%
Planning Technician 8.1%
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Job Title Market Equity
Adjustment
Plans Examiner 5.3%
Ranger Maintenance Worker I 16.7%
Ranger Maintenance Worker II 10.9%
Recreation Coordinator 2.6%
Signal and Street Lighting Technician 13.9%
Solid Waste and Recycling Coordinator 8.1%
Streets Crew Coordinator 13.7%
Streets Maintenance Operator (SBP) 13.8%
Supervising Administrative Assistant 2.6%
Supervising Utility Billing Assistant 2.6%
Sweeper Operator 8.2%
System Application Specialist 16.9%
Tourism Coordinator 2.6%
Transit Assistant 2.6%
Transit Coordinator 2.6%
Transportation Planner-Engineer I 8.1%
Transportation Planner-Engineer II 8.1%
Transportation Planner-Engineer III 8.1%
Underground Utilities Locator 13.9%
Urban Forester (SBP) 10.0%
Utility Billing Assistant 5.3%
Wastewater Collection System Operator (SBP) 12.0%
Water Distribution Chief Operator 13.9%
Water Distribution System Operator (SBP) 12.0%
Water Resource Recovery Facility Chief Maintenance Technician 12.4%
Water Resource Recovery Facility Chief Operator 12.4%
Water Resource Recovery Facility Maintenance Technician (SBP) 12.0%
Water Resource Recovery Facility Operator (SBP) 12.0%
Water Resources Technician 11.0%
Water Supply Operator (SBP) 12.0%
Water Treatment Plant Chief Maintenance Technician 12.4%
Water Treatment Plant Chief Operator 12.4%
Water Treatment Plant Operator (SBP) 12.0%
Youth Services Coordinator 2.7%
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Job Title Market Equity
Adjustment
Youth Services Program Assistant 5.3%
Youth Services Program Specialist 5.3%
G. LUMP-SUM PAYMENTS
City shall provide a one-time lump sum taxable payment following Council adoption in the
amount of $1,800 to bargaining unit members hired before December 22, 2022 and
employed as of the payment date (December 29, 2022).
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ARTICLE 6 - OVERTIME
A. CITY/CONTRACT OVERTIME
Overtime is defined as all hours worked by the employee in excess of forty (40) hours
worked in a work week. An employee’s failure to have overtime authorized by
management may be subject to discipline up to and including termination.
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 case)
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 MOU, such claims will not present or support a
claim for contract overtime under the MOU. 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 34
of the MOU.
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. 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 standby assignment.
Employees working an alternative work schedule who 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.
For employees who are required to physically return to work in their personal vehicle
as part of a standby assignment, as defined above, the City will guarantee either three
(3) hours of pay in cash at straight time or pay at time and one half for time actually
worked, whichever is greater. The department head or designee has the discretion to
provide a City vehicle to employees assigned to standby.
D. The parties shall establish a committee to study how to either increase the financial
incentive for standby duties for employees required to be on standby more than once
per month or decrease the standby work for impacted employees. This study will be
done within six months of Council ratification with recommendations provided to the
City Manager.
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E. 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 or remotely worked 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%) in addition to their regular base
rate commencing on the eleventh consecutive workday on the out-of-class
assignment. In order to receive out of class pay, an employee must be working in the
out of class assignment and may not have a leave of absence longer than two (2)
consecutive weeks, unless otherwise approved.
The work out-of-class assignment will be evaluated after three (3) and six (6) months
to determine if the assignment is still necessary or if a recruitment should take place.
If there is an operational need to have an employee work out-of-class more than six
(6) months, the out-of-class compensation will be increased to at least the first step
of the higher classification and up to an additional five percent (5%), for a total of at
least ten percent (10%) special pay, 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 supplemental (temporary) workers for a period exceeding ten (10)
consecutive workdays shall receive additional pay of five percent (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. In order to receive temporary
assignment pay, an employee must be working in the temporary assignment and cannot
have a leave of absence longer than two (2) consecutive weeks, unless approved otherwise.
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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 Security Engineer
• 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
contribution. For purposes of this Section, employee contributions are based on
salary and special compensation as defined by PERS. All of the employee
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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. In order to be eligible for the health flex allowance
in a particular pay period, an employee will need to get paid for more than half of their
regularly scheduled hours, unless the employee is on a protected leave. Less than
full-time employees shall receive a prorated share of the City's contribution. Effective
the first paycheck in January 2023, the 2023 monthly health flex allowance amount
for regular, full-time employees will be reset as outlined below.
Level of Coverage 2022 Monthly
Rate
2023 Monthly
Rate
Employee Only $600 $613
Employee Only "Legacy"
*with no cash back option $790 $790
Employee Plus One $1,187 $1,212
Family $1,607 $1,641
Employees hired prior to September 1, 2008, who elect employee only medical
coverage will receive the health flex allowance listed above for employee only
“legacy” coverage. If an employee who is receiving Employee Only or Opt Out
“legacy” coverage changes their level of coverage, they will be eligible to return to
the legacy coverage in a future year. If the premium cost for medical coverage is less
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than the health flex allowance, the employee shall not receive any unused health flex
in the form of cash.
Effective for the 2024 and 2025 premiums, 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 “legacy” 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 and leave
approved under the federal Family and Medical Leave Act (FMLA) and the California
Family Rights Act (CFRA), due to an employee's catastrophic illness. That is, the
employee shall receive regular City health flex allowance for the first two (2) pay
periods following the pay period in which the employee's accrued leave balances
reach zero (0) or FMLA/CFRA benefits have been exhausted.
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 Employees’ 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
In order to receive the conditional opt-out incentive, employees will be required to
complete an affidavit and provide proof of other minimum essential coverage for
themselves and their qualified dependents (tax family) upon initial enrollment and
annually thereafter. Employees are required to certify that they are not enrolled in an
individual plan or in a medical plan offered under a federal marketplace or a state
exchange plan. The monthly conditional opt-out incentives are:
Opt Out $200
“Legacy” 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 on an unpaid leave of absence, will not be eligible to
receive the conditional opt out payment.
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 Employees’ 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.
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D. DENTAL AND VISION INSURANCE/DEPENDENT COVERAGE
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 vision
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 and Accidental Death and Dismemberment
coverage of Fifty Thousand Dollars ($50,000) 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 MOU;
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 MOU;
c. Disseminate information and educate employees about the City's Cafeteria
Plan and the insurance plans offered under the MOU;
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
SLOCEA assumes 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.
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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 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, 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 position in the bargaining unit 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 provide reasonable advance notification of their need to use accrued
paid sick leave to their supervisor if the need for paid sick leave use is
foreseeable (e.g., doctor’s appointment scheduled in advance). Reasonable
advance notification for this purpose is defined as three (3) working days. If
the need for paid sick leave use is unforeseeable, the employee should
provide, at a minimum, a one (1) hour advance notice to the supervisor or
delegate prior to the start of the scheduled shift. Any employee who fails to
comply with this provision without having a valid reason may 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
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City's medical examiner, at City expense, prior to reinstatement to the City
service.
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.
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
or other compensation other than business or activity connected with their City
employment.
12. Accumulation of sick leave 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
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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. Part-time
employees are eligible to use a prorated amount of family leave.
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. Part-time
employees are eligible to use a prorated amount of family leave.
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, grandchild, 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 1,250 hours in the last year, may be eligible for up to 12
weeks of Family/Medical Leave within any 12-month period. If eligible for
Family/Medical Leave, employees must use all available sick, vacation,
compensatory time off, and floating holiday pay prior to receiving unpaid
Family/Medical Leave. The City maintains a separate Family and Medical Leave Act
policy consistent with the City’s legal obligations to provide this leave. This policy can
be accessed in the Forms and Policies section on SharePoint.
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ARTICLE 22 - VACATION LEAVE
A. Each incumbent of a 40 hour a week position in the bargaining unit shall accrue
vacation leave at the following rates for completed years of service with the City. Part-
time employees will accrue a prorated amount of vacation leave.
Years of Completed
Service
Annual
Vacation
Accrual Days*
Annual
Vacation
Accrual Hours
Less than 5 years 12 days 96 hours
5 to less than 10 years 15 days 120 hours
10 to less than 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 position in the
bargaining unit.
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.
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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:
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. If an employee reaches the cap at any time
throughout the year, the employee will stop accruing vacation leave.
G. Effective as soon as administratively possible following Council adoption, employees
will be eligible for a year-for-year accelerated vacation accrual based on prior public
sector and military experience. For example, if an employee has ten (10) years of
public sector experience prior to working for the City of San Luis Obispo, their vacation
accrual rate will be advanced by ten (10) years.
H. All employees in this unit are eligible, once in December, to request payment for up to
forty (40) hours of unused vacation leave. 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.
Effective for the 2023 calendar year, all employees in this unit are eligible, once
annually in December, to request payment for up to 40 hours of unused vacation leave.
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If an employee reaches the annual accrual cap before December, the employee will
be able to request vacation payment one additional time during the calendar year, in
addition to the December cash out. To request payment for unused vacation leave,
employees must submit an irrevocable election form to Payroll in December of each
year, prior to the pay period that includes January 1 of the year the cash out is to be
paid, to receive payment for accrued vacation effective on the pay period that includes
January 1st of the following calendar year, subject to IRS regulations. Late irrevocable
election forms will not be accepted, nor can they be changed after the deadline. The
remaining unused leave shall remain in the employee’s vacation accrual bank. The
hours which are paid out are hours which will be accrued in the following year.
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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 ninety (90) business days of such
temporary disability absence. Eligibility for workers' compensation leave requires an open
workers' compensation claim.
If an employee is eligible for Total Temporary Disability benefits after exhausting the salary
continuation as defined in the paragraph above, the employee will receive such payment
directly from the City’s workers’ compensation administrator and will only be able to
supplement one-third pay with accrued leave.
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 to positions in the bargaining unit shall be subject to a probationary
period of one year for the appointed position. Employees who has passed probation and are
being promoted or transferred shall be subject to a new 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 ninety (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 28, Layoffs, Section B.
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ARTICLE 26 - PERFORMANCE EVALUATIONS
All 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 - 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.
Unless the transfer was requested by the employee, 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 28 – 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 requirement s.
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.
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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.
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 a ttempting 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
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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.
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
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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.
I. 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 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
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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 29 - 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 (6) 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 30 - 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 31 - 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 32 - 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. As
soon as administratively possible following Council adoption, the incentive shall be
increased to $10.00 per pay period. 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 33 - 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 34 - 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
Understanding, 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
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and any other interested parties, and shall conduct such other investigations as may
be advisable.
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 MOU, 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
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to alleged violations, misinterpretation, or misapplication of express provisions of
this MOU. The hearing officer’s decision will be final and binding.
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ARTICLE 35 - 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
and the number of hours shall be subtracted from the maximum number of
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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 36 - 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 37 - 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 38 - 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 39 - PEACEFUL PERFORMANCE
A. 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 40 - 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 41 - NEW EMPLOYEE ORIENTATION
A. Pursuant to California Government Code 3555 et. seq, 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.
The City typically conducts new employee orientations on the employees’ first day .
The City shall permit SLOCEA representatives to meet with new employees in a City
conference room for up to one hour. ARTICLE 42 - PERSONNEL FILE LOG AND
SECURITY
As soon as administratively feasible, the City will transition to electronic personnel records.
Pursuant to Labor code 1198.5, employees will have access to their electronic personnel
records. An employee may request a copy of a sensitive data access audit from the City’s
electronic personnel records system.
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ARTICLE 43 - 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 44 - 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 45 - AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Agreement:
A. 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)
B. 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 46 - SIGNATURES
Classifications covered by this Agreement and included within this unit are shown in
Appendix "A".
This Agreement becomes effective December 13, 2022, as witnessed hereto by the
following parties:
CITY OF SAN LUIS OBISPO
SAN LUIS OBISPO CITY EMPLOYEES'
ASSOCIATION
Che Johnson, City Chief Negotiator Dale E. Strobridge, SLOCEA Chief Negotiator
Nickole Domini, Human Resources Director Ryan Dale, SLOCEA President
Other City Negotiating Team Members Other SLOCEA Negotiating Team Members
Brittani Roltgen, Human Resources Manager Tracy Jones, SLOCEA Legal Counsel
Jeff Andrews, Human Resources Analyst Jason Dornish, SLOCEA Vice President
Ben Marquart
Brian Lindsey
Dan Liddell
Hayley Sabatini
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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 MOU’s.
. Accounting Assistant I
. Accounting Assistant II
. Accounting Assistant III
. Administrative Assistant I
. Administrative Assistant II
. Administrative Assistant III
Administrative Specialist
Aquatics Coordinator
. Assistant Planner
Associate Planner
Beautification Gardener
. Building Inspector I
. Building Inspector II
Cannabis Business Coordinator
Capital Projects Manager I
Capital Projects Manager II
Capital Projects Manager III
. Code Enforcement Officer I
. Code Enforcement Officer II
Code Enforcement Technician I
Code Enforcement Technician II
Communications Coordinator
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 (SBP)
Facilities Maintenance Technician (SBP)
Financial Specialist
Fleet Services Specialist
. GIS Specialist I
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. GIS Specialist II
Heavy Equipment Mechanic
Housing Coordinator
Information Technology Assistant
Information Technology Security Engineer
Information Technology Systems Engineer
Laboratory Analyst (SBP)
Maintenance Contract Coordinator
Maintenance Crew Coordinator
. Maintenance Worker I
. Maintenance Worker II
. Maintenance Worker II – Parks
. Maintenance Worker III
. 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
. Permit Technician III
. Planning Technician
Plans Examiner
Ranger Maintenance Worker I
Ranger Maintenance Worker II
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
System Application Specialist
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)
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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)
Water Resources Technician
Water Supply Operator (SBP)
Water Treatment Plant Chief Maintenance Technician
Water Treatment Plant Chief Operator
Water Treatment Plant Operator (SBP)
Youth Services Coordinator
Youth Services Program Assistant
Youth Services Program Specialist
. Denotes positions within a career series
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APPENDIX B - SKILLS BASED PAY GUIDANCE DOCUMENT
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