HomeMy WebLinkAboutR-11579 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, 2025 to June 30, 2029R 11579
RESOLUTION NO. 11579 (2025 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, 2025, TO JUNE 30, 2028
WHEREAS, the San Luis Obispo City Employees’ Association (SLOCEA) is
committed to providing high quality service to the community; and
WHEREAS, the City Council is committed to providing competitive compensation
to recruit and retain well qualified employees, as provided in the City’s adopted Labor
Relations Objectives and Compensation Philosophy, while also considering the long-term
financial sustainability of changes in compensation.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo, compensation and benefits for the SLOCEA group are revised 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 Clerk shall file and furnish a copy of the resolution and a
copy of the executed Memorandum of Understanding approved by Ryan Dale, SLOCEA
President, and Nickole Domini, Director of Human Resources.
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Resolution No. 11579 (2025 Series) Page 2
R 11579
SECTION 4. Amendments to compensation and benefits for the SLOCEA group
do not constitute a “Project” under CEQA Guidelines Sec. 15378.
Upon motion of Council Member Francis, seconded by Council Member Boswell,
and on the following roll call vote:
AYES: Council Member Boswell, Francis, Marx, Vice Mayor Shoresman,
and Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 17th day of June 2025.
___________________________
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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ARTICLE 1 - PARTIES TO AGREEMENT ................................................................... 1
ARTICLE 2 - RECOGNITION ...................................................................................... 2
ARTICLE 3 - TERM OF AGREEMENT ........................................................................ 3
ARTICLE 4 - RENEGOTIATION .................................................................................. 4
ARTICLE 5 - SALARY ................................................................................................. 5
ARTICLE 6 - OVERTIME ............................................................................................. 8
ARTICLE 7 - STANDBY ............................................................................................ 11
ARTICLE 8 - CALLBACK ........................................................................................... 12
ARTICLE 9 - TEMPORARY UPGRADE ASSIGNMENT ........................................... 15
ARTICLE 10 - BILINGUAL PAY ................................................................................ 16
ARTICLE 11 - INFORMATION TECHNOLOGY CERTIFICATION INCENTIVES ...... 17
ARTICLE 12 - MECHANIC HELPER TOOL ALLOWANCE ....................................... 18
ARTICLE 13 - PAYDAY ............................................................................................. 19
ARTICLE 14 - RETIREMENT .................................................................................... 20
ARTICLE 15 - INSURANCE ...................................................................................... 21
ARTICLE 16 - LONG-TERM DISABILITY INSURANCE ........................................... 26
ARTICLE 17 - HOLIDAYS ......................................................................................... 27
ARTICLE 18 - SICK LEAVE ....................................................................................... 30
ARTICLE 19 - BEREAVEMENT LEAVE .................................................................... 33
ARTICLE 20 - FAMILY LEAVE .................................................................................. 34
ARTICLE 21 - VACATION LEAVE ............................................................................ 35
ARTICLE 22 - WORKERS' COMPENSATION LEAVE .............................................. 38
ARTICLE 23 - WORK SCHEDULE ............................................................................ 39
ARTICLE 24 - PROBATION PERIOD ........................................................................ 41
ARTICLE 25 - PERFORMANCE EVALUATIONS ...................................................... 42
ARTICLE 26 - TRANSFER ........................................................................................ 43
ARTICLE 27 - LAYOFF PROCEDURE ....................................................................... 44
ARTICLE 28 - MODIFIED DUTY ASSIGNMENT ...................................................... 49
ARTICLE 29 - COMMERCIAL DRIVER’S LICENSE PHYSICALS ............................. 50
ARTICLE 30 - UNIFORMS ........................................................................................ 51
ARTICLE 31 - SAFETY PROGRAM .......................................................................... 52
ARTICLE 32 - EMPLOYEE RIGHTS .......................................................................... 53
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ARTICLE 33 - GRIEVANCE PROCEDURE ................................................................ 54
ARTICLE 34 - REPRESENTATIVE ROLE .................................................................. 56
ARTICLE 35 - COMMITTEE REPRESENTATION ..................................................... 58
ARTICLE 36 - DUES DEDUCTION ........................................................................... 59
ARTICLE 37 - MANAGEMENT RIGHTS .................................................................. 60
ARTICLE 38 - PEACEFUL PERFORMANCE ............................................................. 61
ARTICLE 39 - RIGHT TO REPRESENTATION / WEINGARTEN RIGHTS ................ 62
ARTICLE 40 - NEW EMPLOYEE ORIENTATION ..................................................... 63
ARTICLE 41 - PERSONNEL FILE LOG AND SECURITY ......................................... 64
ARTICLE 42 - FULL AGREEMENT ........................................................................... 65
ARTICLE 43 - SAVINGS CLAUSE ............................................................................ 66
ARTICLE 44 - SIGNATURES .................................................................................... 67
APPENDIX A - CLASSIFICATIONS .......................................................................... 68
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ARTICLE 1 - PARTIES TO AGREEMENT
This Agreement is made and entered into, 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, 2025, 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, 2028.
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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 the
commencement of negotiations.
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ARTICLE 5 - SALARY
A. RULES GOVERNING STEP CHANGES FOR NON-SKILLS BASED PAY
EMPLOYEES
1. The date of any new appointment, promotion, or transfer to a position within
the bargaining unit becomes the employee’s position anniversary date for step
increase purposes.
2. 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 Director of Human Resources, or their
designee, may authorize hiring at any step.
3. The second step is an incentive adjustment to encourage an employee to
improve their work.
4. 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.
5. The fourth and fifth steps are to be awarded only if performance is deemed
competent or above as shown on the most recent performance evaluation.
6. Upon recommendation by the department head, or their designee, and the
approval of the Director of Human Resources, or their designee, an
employee will be advanced a step upon receiving an overall rating of at least
“Meets Performance Standards” on the employee’s annual performance
evaluation following the completion of twelve (12) months of service.
7. The above criteria for step increases apply except where other arrangements
are authorized by the City Manager.
8. 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
employee’s position anniversary date occurs.
9. Should the employee not receive a step increase, it shall be the discretion of
the department head and City Manager, or their designees, to reconsider such
step increase at any time during the year.
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10. 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, following due process.
B. RULES GOVERNING SKILLS BASED PAY
Employees working in classifications eligible for Skills Based Pay (SBP) will be paid
according to the Step Criteria under the applicable SBP Guidance Document. During
the term of the MOU, the classifications participating in SBP and the contents of the
SBP Guidance Document may be revised based on the mutual agreement of the City
and SLOCEA, without the need for a separate side letter.
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
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 the 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 on a biweekly basis.
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
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Step 2 = 95% of Step 3
Step 1 = 95% of Step 2
Each across the board % salary increase shall raise step 5 of each salary range by
that %. After all step 5's of salary ranges have been established, each biweekly step
5 shall be rounded up to the nearest one dollar on a biweekly basis, 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 1, 2025 – 3.0%
• July 1, 2026 – 3.0%
• July 1, 2027 – 3.0%
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ARTICLE 6 - OVERTIME
A. GENERAL PROVISIONS
Overtime is defined as all hours worked by the employee in excess of forty (40) hours
worked in a work week. Except during emergency operations as determined by the
department head or designee, 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, Holiday-in-Lieu, Sick Leave, and
Compensatory Time Off (CTO). All overtime shall be authorized by the department
head or their designee prior to being compensated. The assignment of overtime is
not guaranteed, and the City expressly retains the management right to eliminate or
reduce overtime opportunities due to budgetary, operational, or efficiency concerns.
B. 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 D, 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.
C. COMPENSATORY TIME OFF (CTO)
An employee who earns City/Contract overtime as defined in Section A above may
elect compensation in the form of compensatory time off (CTO). An employee may
be compensated in CTO and maintain up to seventy (70) 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.
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An employee who promotes or transfers out of the bargaining unit shall be paid for
any unused CTO at the employee’s regular rate of pay in effect just prior to the
promotion or transfer.
D. PAY INCENTIVES TO BE INCLUDED IN THE BASE RATE FOR OVERTIME
• Bilingual Pay
• Cash-in-Lieu (in compliance with Flores v. City of San Gabriel)
• Microsoft Certified Engineer (MSCE) or VMware Certified Professional
(VCP) Certifications
• Safety Committee Pay
• Standby Pay
• Temporary Upgrade Pay
E. 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 Section A of this Article shall be seven consecutive days, beginning at
12:00 am Thursday and ending at 11:59 pm Wednesday.
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 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.
F. 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 Article
6. The City and the Association further acknowledge and agree that the provisions
of Article 6 establish the full extent of the City’s contractual obligations to pay
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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 the Fair Labor Standards Act (FLSA) 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 agreed upon contract overtime language is intended to provide more pay than
is required under the FLSA. Under no circumstances shall the contract overtime rate
provide less than what is legally required by the FLSA.
G. ELIMINATION OF DUAL CALCULATION
The City and the Association agree to eliminate the dual calculation of overtime as
soon as administratively possible and agree to include cash-in-lieu into the overtime
rate in compliance with the Flores v. City of San Gabriel decision.
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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; and
• 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, but not limited to, alcohol consumption).
B. Employees will receive fifty-five dollars ($55.00) for each scheduled workday and
seventy-five dollars ($75.00) for each scheduled day off, including observed holidays,
of such standby assignment.
C. Employees who are assigned standby duty but are unable to fulfill duty requirements
must notify their supervisor as soon as possible. Such employees will not receive
standby pay.
D. Employees who are contacted and required to work as part of a standby assignment,
as defined in Section A above, will be compensated in accordance with Article 8 –
Callback.
E. The parties agree that employees on standby, as defined above, are waiting to be
engaged.
F. The City and SLOCEA agree to maintain a separate document governing standby
shifts at the Whale Rock Reservoir that may be revised based on the mutual
agreement of the City and SLOCEA during the course of this MOU, without the
need for a separate side letter. The terms and conditions outlined in the side letter
dated December 6, 2024, will continue in force and effect unless amended by
agreement of the Parties.
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ARTICLE 8 - CALLBACK
A. DEFINITION
Callback is a circumstance requiring an employee to unexpectedly return to work
duties after the employee has left work at the end of the employee's work duties.
If an employee who was called back and has completed their assignment and left
work is again called back to work, they will not receive another minimum if the return
to work is within the original minimum.
Employees not assigned to standby are not required to respond outside of normal
scheduled hours except in an emergency as defined by the department head or their
designee.
B. COMPENSATION WHEN ASSIGNED TO STANDBY
1. Standby Remote, De minimis (0-7 min): Employees who are contacted and
whose work is completed within seven minutes or less, the work is considered
de minimis and shall not be compensated. For example, employees who are
required to acknowledge alarms but are not required to take any further action
would be completing de minimis work, which is non-compensable.
If an employee receives multiple contacts throughout a single standby shift
requiring action during which those contacts cumulatively exceed seven
minutes, the employee will be compensated in accordance with Section 3 –
Standby Remote, Callback below.
2. Standby Remote, Minor Action (8-15 min): Employees who are contacted
and whose work is completed between eight and fifteen minutes shall not
qualify for a minimum callback of two hours. Such employees shall be
required to record actual time worked. If an employee receives multiple
contacts throughout a single standby shift during which those contacts
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cumulatively exceed fifteen minutes, the employee will be compensated in
accordance with Sections B(3)-(5) below.
3. Standby Remote, Callback: Employees who are called back and able to
respond remotely will receive 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.
4. Standby Callback – City Vehicle: The department head or their designee
has the discretion to provide a City vehicle to employees assigned to
standby. Employees who take home a City vehicle as part of a standby
assignment and are required to return to work in-person will receive 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. The compensable time begins
when the employee departs from their current location and concludes when
they stop working.
5. Standby Callback – No City Vehicle: Employees who are required to
return to work and are not assigned a City vehicle will receive 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 compensable time begins when
the employee departs from their current location and concludes when they
stop working.
C. COMPENSATION WHEN NOT ASSIGNED TO STANDBY
1. Early Call-In: An early call-in of up to two (2) hours prior to the scheduled
start of a work shift shall not be considered a callback and shall be subject
to standard overtime calculations. Employees shall report actual time
worked on their timecard.
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2. Remote, De minimis (0-7 min): For employees who are contacted and
whose work is completed within seven minutes or less, the work is considered
de minimis and shall not be compensated.
If an employee receives multiple contacts requiring action during which
those contacts cumulatively exceed seven minutes, the employee will be
compensated in accordance with Section 3 – Callback below.
3. Callback: Employees who are called back to work either physically or
remotely when not on standby will receive either four (4) hours of pay in cash
at straight time or pay at time and one half for time actually worked, whichever
is greater.
D. CTO ACCRUAL FOR CALLBACKS
An employee who returns to work, either physically or remotely, may elect to earn
compensatory time off (CTO) at the rate of one hour of CTO for each guaranteed
hour of minimum straight time pay or, if applicable, at the rate of one and one half (1
½) hours for each hour of overtime worked, as provided above. The accumulation,
usage, maintenance of CTO hours in an employee’s CTO account, and
compensation for accumulated CTO shall be governed by Article 6(C) of this
Agreement.
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ARTICLE 9 - TEMPORARY UPGRADE ASSIGNMENT
A. For the purposes of this Article, a temporary upgrade assignment is the full-time
assignment to a higher-level classification (with a higher salary).
B. An employee assigned in writing by management to a temporary upgrade
assignment shall receive temporary upgrade pay of five percent (5%) in addition
to their regular base rate commencing on the eleventh (11th) consecutive workday
of the temporary upgrade assignment.
If the temporary upgrade assignment is to a management-level classification, the
employee shall receive either a five percent (5%) increase or be placed at the
bottom of the salary range for the management-level classification, whichever is
greater.
C. In order to receive temporary upgrade pay, an employee must be working in the
temporary upgrade assignment and may not have a leave of absence longer than
two (2) consecutive weeks, unless otherwise approved.
D. The temporary upgrade assignment will be evaluated after three (3) and six (6)
months. If there is an operational need to have an employee work in the temporary
upgrade assignment more than six (6) months, the temporary upgrade pay will be
increased to at least the first step of the higher classification and/or 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.
E. If, in addition to their regularly assigned employees, any employee is responsible
for five (5) or more supplemental (temporary) workers for a period exceeding ten
(10) consecutive workdays, the employee shall receive additional pay of five
percent (5%) commencing with the eleventh (11th) consecutive workday of the
temporary upgrade assignment.
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ARTICLE 10 - BILINGUAL PAY
Employees certified as bilingual in Spanish and assigned to 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. The City will study
the need to incentivize City employees fluent in languages other than English by convening
the DEI Committee annually for that purpose. 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 11 - 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 (VCP) certifications, which
enhance their ability to do their job.
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 12 - MECHANIC HELPER TOOL ALLOWANCE
Employees in the Mechanic Helper classification shall receive a tool allowance of $1,000
per year for tool replacement, tool purchase, and/or tool updates. The allowance shall be
paid in full on the first full pay period in January of each calendar year. Eligible employees
hired after the annual tool allowance is provided shall receive a biweekly prorated tool
allowance.
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ARTICLE 13 - 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 14 - RETIREMENT
A. CalPERS Contracts. Employees are classified as Miscellaneous and work twelve
(12) months per year.
1. “Classic Members First Tier” employees hired before December 6, 2012.
The City agrees to provide the Public Employees' Retirement System’s
(CalPERS)
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. Employees pay the full 8% member
contribution.
2. “Classic Members Second Tier” employees hired on or after December 6,
2012.
The City agrees to provide the CalPERS 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. Employees pay the
full 7% member contribution.
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 CalPERS 2% @ 62 plan, using the highest three-year average as
final compensation. Employees pay 50% of total normal cost of the retirement
benefit, as determined by CalPERS.
Member contributions are made on a pre-tax basis as permitted under IRS Code Section
414(h)(2).
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ARTICLE 15 - INSURANCE
A. HEALTH FLEX CONTRIBUTION
Employees electing coverage in the City medical plans shall receive a health flex
contribution and shall purchase such coverage through the City’s Section 125 Plan
“Cafeteria Plan.” To be eligible for the health flex contribution 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 an approved FMLA/CFRA leave of
absence or receiving temporary disability benefits through workers’ compensation.
Less than full-time employees shall receive a prorated share of the City’s
contribution.
The City will contribute directly to CalPERS on behalf of each employee the
statutory minimum monthly employer contribution required under the Public
Employees’ Medical and Hospital Care Act (PEMHCA), as set annually by
CalPERS. For 2025, the PEMHCA minimum contribution is $158 per month. The
City will provide a contribution through its cafeteria plan, which combined with the
City’s PEMHCA contribution, will equal the total health flex contribution in the
amounts listed below.
The City’s current monthly health flex contribution is listed below, along with the
updated contribution that will take effect the first paycheck in September 2025.
Level of Coverage 2025 Monthly
Contribution
Reset Monthly
Contribution
Effective
September 2025
Employee Only $670 $735
Employee Only "Legacy"
*with no cash back option $790 $790
Employee Plus One $1,323 $1,470
Family $1,792 $1,911
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Employees hired before September 1, 2008, who elect employee only medical
coverage will receive the Employee Only “Legacy” contribution amount until such
amount is less than the Employee Only (non-Legacy) contribution amount. 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 than the health flex
contribution, the employee shall not receive any unused health flex in the form of
cash or to purchase additional benefits.
Effective for the 2026, 2027, and 2028 premiums, the City’s total contribution for
group medical coverage shall be increased by an amount equal to one-half of the
average percentage change for family coverage in the CalPERS 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 health flex contribution or conditional opt-out amount
as described below for one full pay period in the event that an employee has
exhausted all paid time off, including paid leave donated through the catastrophic
leave program, and leave approved under the federal Family and Medical Leave Act
(FMLA) and the California Family Rights Act (CFRA). That is, the employee shall
receive the regular City health flex contribution or conditional opt-out amount for the
first full pay period following the pay period in which the employee's paid leave
balances reach zero (0) and FMLA/CFRA leave has been exhausted. This
continuation of the City health flex contribution is available once per rolling 12-
month period, per employee.
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B. CONDITIONAL OPT-OUT
Employees may receive a monthly opt-out incentive (Cash-in-Lieu) instead of the
health flex contribution and medical coverage through the City’s medical plans if the
following conditions are met:
1. The employee completes an attestation form during initial enrollment or during
the annual open enrollment period;
2. The attestation form verifies that the employee and all individuals for whom
the employee expects to claim a personal exemption deduction (Tax Family)
have alternative minimum essential coverage;
3. Coverage in the individual market or individual coverage through Covered
California does not meet the requirement of alternative minimum essential
coverage for the employee and the employee’s Tax Family.
The monthly conditional opt-out (Cash-in-Lieu) incentives are:
Opt-out $200
“Legacy” Opt-out $790 (hired before September 1, 2008)
The Cash-in-Lieu shall be taxable income to the employee. The employee must notify
the City within 30 days of the loss of alternative minimum essential coverage. The
conditional opt-out payment shall no longer be payable if the employee and family
members cease to be enrolled in alternative minimum essential coverage. The City
will not pay Cash-in-Lieu if the City knows or has reason to know that the employee
or an individual in the employee’s Tax Family does not have the required alternative
coverage. The conditional opt-out incentive will cease as described above one full
pay period after the employee exhausts unpaid leave or FMLA/CFRA, whichever is
later.
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
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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.
C. DENTAL AND VISION INSURANCE COVERAGE
Employee participation in the City's dental and vision plans is optional. Employees
who elect coverage shall pay the dental and/or vision premium(s) by payroll
deductions on a pre-tax basis through the City’s Cafeteria Plan.
D. LIFE INSURANCE AND ACCIDENTAL 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.
E. 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 viewpoints 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;
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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
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 16 - LONG-TERM DISABILITY INSURANCE
SLOCEA assumes sole responsibility for providing and administering a plan for long-term
disability (LTD) 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.
Effective as soon as administrative possible following Council adoption, all bargaining unit
members will be offered long-term disability (LTD) insurance through the City’s plan. The
City will cover the full cost of the LTD benefit, which provides 66.67% of an employee’s gross
salary (up to a maximum benefit $15,000 per month) until age 65, for any qualifying sickness
or accident. Coverage begins after a 30-day waiting period and is subject to the exclusions
outlined in the City’s LTD plan. Employees may use paid leave time to supplement the LTD
benefit to receive up to 100% of their regular pay, as permitted by the plan.
SLOCEA will terminate its existing LTD plan by providing 30 days’ notice to the current
provider. This notice will be given after the City provides written confirmation of the effective
date for transitioning all bargaining unit members to the City’s LTD plan, ensuring there is
no lapse in coverage.
SLOCEA and the City will create an exploratory committee to examine the desirability and
feasibility of enrolling in California State Disability Insurance at the conclusion of the term of
this MOU.
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ARTICLE 17 - HOLIDAYS
A. DESIGNATED PAID HOLIDAYS
1. The following thirteen days of each year are designated as paid holidays:
January 1 - New Year's Day
Third Monday in January - Martin Luther King Jr. Day
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
One-half day before Christmas
December 25 - Christmas Day
One-half day before New Year's Day
Two Floating Holidays
2. A holiday shall be defined as eight (8) hours of paid time off for regular full-
time employees and prorated for part-time employees.
3. For employees who are not regularly scheduled to work on weekends, 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.
4. For employees on a compressed work schedule, when a holiday falls on the
employee’s flex day, holiday hours must be observed on another scheduled
workday within the same FLSA work week.
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5. The City reserves the right to close non-essential City services and offices
on weekdays between the Christmas Day and New Year’s Eve Holidays.
Employees scheduled to work during this time in non-essential functions
are required to use appropriate personal leave or take the days as non-pay.
Essential City services and functions are determined at the discretion of the
Department Head. The City will notify employees of closure of non-essential
City services and offices no later than October 31st of the same year in order
to provide employees with ample time to plan accordingly.
B. 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 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
biweekly prorated share of the floating holiday, the value of the overage will be
deducted from the employee’s final paycheck.
C. HOLIDAY-IN-LIEU
1. Effective starting in January 2026, employees in the classifications listed
below work without regard to holidays and shall earn 104 hours of holiday
leave in lieu of observing the designated holidays listed in Section A and B of
this Article. The holiday-in-lieu hours shall be advanced to the employee
effective the payroll period that January 1st falls within.
Eligible Classifications:
• Laboratory Analyst
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• Senior Laboratory Analyst
• Water Resource Recovery Facility Operator
• Water Treatment Plant Operator
2. Any holiday-in-lieu hours remaining at the end of each calendar year will be
paid to the employee at the straight time rate on the last paycheck in
December.
3. Holiday-in-lieu hours shall be prorated on a pay period basis when an
employee is appointed or terminated during the calendar year. If an
employee terminates for any reason, having taken off hours in excess of
their prorated share, the value of the overage, calculated on a pay period
basis, will be deducted from the employee’s final paycheck.
4. Employees may not simultaneously use holiday-in-lieu hours and regular
working hours.
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ARTICLE 18 - 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 Director of Human Resources to have an examination by
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the City's medical examiner, at City expense, prior to reinstatement to the City
service.
8. An appointing authority, subject to approval of the Director of Human
Resources, 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 after
completion of the interactive process.
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 Article 15 - Insurance.
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:
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a. A payout of the employee’s accumulated sick leave balance based on
years of service according to the following schedule; or
b. To convert the remaining employee’s sick leave balance to service
credit in accordance with CalPERS regulations; or
c. A combination of these two options:
1. Death - 30%
2. Retirement and actual commencement of CalPERS benefits:
i. After ten years of continuous employment – 10%
ii. After fifteen years of continuous employment – 15%
iii. After twenty years of continuous employment – 20%
iv. After twenty-five years of continuous employment – 25%
v. After thirty years of continuous employment – 30%
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ARTICLE 19 - BEREAVEMENT LEAVE
A. Bereavement Leave. At each employee’s option, sick leave or vacation leave may
be used to be absent from duty due to the death of an employee’s family member as
defined in Labor Code section 245.5(c), provided such leave as defined in this Article
shall not exceed five (5) days (no more than 40 hours) for each incident. The leave
days may be taken non-consecutively as needed. The employee may be required to
submit proof of relative's death before being granted sick or vacation leave pay.
Providing false information concerning the qualifying death may result in discipline
up to and including termination.
B. Reproductive Loss Leave. Employees experiencing a miscarriage, failed adoption,
failed surrogacy, stillbirth, or unsuccessful assisted reproduction are entitled to up to
five (5) days (no more than 40 hours) of leave following the qualifying loss. The leave
days may be taken non-consecutively as needed. Employees may utilize sick leave
or vacation leave to be paid during reproductive loss leave. To utilize this leave, the
employee may confidentially report the qualifying event to whomever in their chain of
command they feel most comfortable, including their supervisor, manager, or Human
Resources.
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ARTICLE 20 - FAMILY LEAVE
A. An employee may take up to forty-eight (48) hours of sick leave per year if required
to be away from the job to personally care for a member of their family. A family
member for purposes of this Article is any relationship listed in Labor Code section
245.5(c).
However, if the family member is part of the employee’s household and is
hospitalized, the employee may take up to 56 hours (rather than 48 hours stated
above) of sick leave per year to care for the family member. The employee shall
submit written verification of such hospitalization.
Part-time employees are eligible to use a prorated amount of family leave.
Family leave is counted concurrently with the Family Medical Leave Act / California
Family Rights Act, if applicable.
B. The City maintains a separate Family and Medical Leave Administration Policy
consistent with the City’s legal obligations to provide Family Medical Leave Act and
California Family Rights Act, among other forms of leaves. This policy can be
accessed in the Forms and Policies section on SharePoint.
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ARTICLE 21 - 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 a physical or mental 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. Employees are 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. Employees are eligible to request payment for up to forty (40) hours of unused
vacation leave subject to following conditions:
1. The employee must make an irrevocable election in the month of December
in the prior calendar year;
2. The cash out shall be issued in December of the year following the irrevocable
election;
3. Employees must have eighty (80) hours of accrued vacation leave to be
eligible for cash out at the time of the irrevocable election; and
4. Late irrevocable election forms will not be accepted, nor can they be
changed after the established deadline.
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I. Emergency Vacation Cash Out: Notwithstanding the requirement for an
irrevocable election for the cash out of vacation for the upcoming calendar year,
an employee may cash out vacation in an existing year, subject to the following
conditions:
1. The employee may cash out no more than the forty (40) hours of vacation
(including any cash out previously elected).
2. The amount cashed out pursuant to this subdivision must be in whole-hour
increments with a minimum cash out of twenty (20) hours and shall be
subject to a twenty percent (20%) penalty. That is, if an employee cashes
out 40 hours of emergency cash out, the penalty shall be 20% of the amount
cashed out. For example, if an employee wishes to cash out forty (40) hours
due to an emergency but failed to make an irrevocable election, the
employee will receive the cash value of thirty-two (32) hours, but forty (40)
hours will be removed from the employee’s accrued balance.
J. Vacation Accrual Cap Cash Out: 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.
However, no more than 40 hours of unused vacation leave will be paid out in any
calendar year. Upon request, vacation sellback payments shall be made by separate
check.
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ARTICLE 22 - 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 Article 15 - Insurance.
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ARTICLE 23 - WORK SCHEDULE
A. Employees shall be scheduled to work on regular work shifts having regular starting
and ending times. Except for emergencies as determined by the department head
or designee, employees' work shifts shall not be changed without reasonable prior
written notice to the employee and the Director of Human Resources or designee.
An emergency for purposes of this Article is limited to a situation involving an
immediate threat to human life, health, the environment, or property. 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.
B. Employee Rest Time
1. Commitment to Safety and Well-Being. The City is committed to providing
and maintaining a safe working environment for every employee. To support
this commitment, the City aims to prevent excessive work hours that could
result in fatigue or compromise employee well-being.
2. Overtime and Rest Periods. If an employee works more than four (4)
hours of overtime within a sixteen (16) hour period, and their next regularly
scheduled shift begins less than six (6) hours after the overtime ends, the
employee will be afforded a rest period of at least six (6) hours before
returning to work.
3. Options when Rest Period Overlaps with Regular Shift. If the six (6) hour
rest period overlaps with any portion of the employee’s next regularly
scheduled shift, the employee may choose one of the following options for the
affected portion of the shift:
a. Continue Working. Report to work at the beginning of the next
regularly scheduled shift without utilizing the rest period. This option
requires the employee to affirm they are fit for duty.
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b. Use Leave Time. Take time off (up to six hours) using accrued sick
leave, vacation leave, floating holiday, holiday-in-lieu, CTO, or unpaid
time off.
c. Shift Schedule. Request to shift or adjust their work schedule within
the same FLSA workweek to accommodate the rest period without loss
of pay or leave, subject to operational needs and supervisor approval.
4. Additional Rest If Needed. If the employee feels they are still not sufficiently
rested after the initial six (6) hour rest period, they may request additional time
off. This additional time off may be taken as sick leave, vacation leave, floating
holiday or holiday-in-lieu, CTO, or unpaid time off.
5. Example:
• An employee's regular shift ends at 4:30 pm.
• The employee is called back to work at 11:00 pm, working five (5)
hours of overtime, and finishes at 4:00 am.
• The employee's next regular shift begins at 7:00 am.
In this case, the employee is entitled to a six (6) hour rest period starting at
4:00 am. Since the rest period overlaps with their next shift from 7:00 am to
10:00 am, the employee may:
a. Report to work at 7:00 am if they feel fit for duty,
b. Use three (3) hours of leave (sick, vacation, floating holiday or holiday-
in-lieu, CTO, or unpaid), or
c. Request to shift their work schedule to make up those three hours later
in the same FLSA workweek, pending supervisor approval.
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ARTICLE 24 - 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 have passed probation and
are being promoted or transferred to a different position in the bargaining unit 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 Director of Human Resources.
Employees who successfully pass the one-year probationary period may be eligible for a
step increase as outlined in Article 5. Promoted or transferred employees who
successfully pass the six-month probationary period may be eligible for a step increase
after 12 months of service in the new position as outlined in Article 5.
The Director of Human Resources, or their designee, will notify SLOCEA of the extension
of an employee’s probationary period beyond the length specified in this Article after the
probationary extension memorandum has been delivered to the employee.
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 27, Layoffs, Section B.
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ARTICLE 25 - PERFORMANCE EVALUATIONS
Employees shall receive an annual written performance evaluation from their supervisor
within thirty (30) days of the employee’s anniversary date, absent exceptional
circumstances.
Probationary employees shall receive quarterly written performance evaluations within (30)
days following the due date from their supervisor, absent exceptional circumstances.
The overall performance evaluation scale consists of the following three categories:
Exceeds Performance Standards, Meets Performance Standards, and Below Performance
Standards.
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ARTICLE 26 - TRANSFER
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 Director of Human
Resources.
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 fourteen
(14) calendar days' written notice of the transfer including the reason for the change.
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ARTICLE 27 - 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 Director
of Human Resources 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.
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
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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.
1. 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.
2. 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.
3. Regular part time employees shall receive prorated seniority credit.
B. Laid Off Employees on Reemployment List
The names of employees who have been laid off shall be placed on the appropriate
Reemployment List for one year. The recall of employees will be in reverse order
of layoff, depending upon City requirements.
Reemployment lists shall be used for filling those classes requiring substantially
the same minimum qualifications, duties and responsibilities of the class from
which the layoff was made.
C. Appointment of Laid-Off Employees to Vacant Class
An appointing authority may, with the approval of the department head and the
Director of Human Resources 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
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wants to bump. Seniority for the purpose of this section shall mean time in
the position in the lower classification plus time in other classifications. For
example, (1) an employee attempting to bump to Administrative Assistant II
from Administrative Assistant III would utilize their combined time as a II and
III in determining whether or not they had more seniority than an individual
in the II classification. (2) An employee attempting to bump to a Parks
Maintenance Specialist from a Sweeper Operator position would utilize their
combined time in each respective position to determine seniority.
2. Reassignment rights may be exercised only once in connection with any
one layoff and shall be exercised within seven (7) calendar days from the
date of the notice of the layoff by written notice from the employee.
3. The bumping right shall be considered exercised by the displacement of
another employee with lesser total service or by the acceptance of a vacant
position in the class with the same or lower salary.
4. Full time and part time regular employees shall have bumping rights for
either full time regular or part time regular positions.
5. Notwithstanding the foregoing, if the City Manager determines that the
public interest will not be served by application of the above criteria, the City
Manager may depart therefrom on the basis of a clearly demonstrable
superiority in performance and/or qualifications.
6. Employees on layoff shall be offered reemployment in the inverse order of
layoff, provided no intervening factors have occurred that 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
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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 layoff. The
notice shall include the following information:
1. Reason for layoff.
2. Effective date of layoff.
3. Employee rights as provided in these rules.
H. Removal of Names from Reemployment Lists
The Director of Human Resources may remove an employee's name from a
reinstatement list if any of the following occur:
1. The individual indicates that they will be unable to return to employment
with the City during the life of the list; or
2. The individual cannot be reached after reasonable efforts have been made
to do so. The City shall utilize certified mail when contacting individuals; or
3. The individual refuses two reemployment offers. Individuals shall have ten
(10) days to respond to the offer of reemployment and an additional fourteen
(14) days to return to work.
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.
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An individual reemployed into the job classification from which they were laid off
shall be assigned to the same salary range and step they held at the time of the
layoff. An individual reemployed into a job classification other than the
classification from which they were laid off shall be assigned to the salary range
of the new classification at the amount closest to the salary they earned at the
time of the layoff. An individual reemployed into the classification from which they
were laid off while still a probationary employee shall complete, upon return to
the job, the remaining portion of the probationary period, if any, in effect at the
time of the layoff. Similarly, an individual who is reemployed shall complete upon
return to the job the same work time they would have had to work at the time of
the layoff to attain a higher vacation leave accrual rate or to become eligible for
a salary step increase, if such changes are possible.
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ARTICLE 28 - 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 29 - COMMERCIAL DRIVER’S LICENSE 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 California commercial driver’s
licenses.
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ARTICLE 30 - UNIFORMS
A. All employees required to wear City uniforms shall be provided clean uniforms.
B. City uniforms and work shoes shall only be used on City business.
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ARTICLE 31 - SAFETY PROGRAM
The City shall continue a compensation program for safety committee representatives. Each
designated safety member shall be compensated at the rate of $10.00 per month. The
description of the duties of a safety committee member shall be designed by the Director of
Human Resources or designee. The intent of the safety representatives is to assist the
Director of Human Resources and the overall safety program in reducing accidents by
reporting hazardous conditions.
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ARTICLE 32 - 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 33 - 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, 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 Director of Human Resources
within seven (7) business days of receiving the department head’s decision. The
Director of Human Resources shall confer with the employee, the department head,
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
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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 Director of Human
Resources' 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 Director
of Human Resources 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
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 34 - 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 35 - COMMITTEE REPRESENTATION
A. If the Director of Human Resources establishes a committee to study possible
changes that will affect significant numbers of employees in the unit in subjects
within the scope of representation, and if the Director of Human Resources
includes unit members on the committee, such committee members shall be
designated by the Director of Human Resources 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 36 - DUES DEDUCTION
A. The City agrees to automatically deduct from bargaining unit members’ 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, canceled, 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 37 - 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 38 - 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 39 - RIGHT TO REPRESENTATION / WEINGARTEN RIGHTS
Upon the employee’s request, an employee may be represented at an investigatory
interview, interactive process meetings, drug or alcohol tests conducted as a result of
reasonable suspicion of intoxication at work, or in non-investigatory meetings held under
“highly unusual circumstances,” 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 meeting or 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 an alternate representative. The City is not
obliged to postpone the interview, nor to suggest or secure an alternate representative;
however, the employee shall not be required to answer any questions without a
representative present unless the employee voluntarily chooses to do so.
During other meetings between employees and supervisors, an employee may request a
representative attend the meeting. While a representative is not guaranteed, the City may
agree to such attendance to help facilitate discussions and employee concerns.
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ARTICLE 40 - 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, department, and contact information including 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. Employees shall be
entitled to omit disclosure of their personal information pursuant to 6254.3(c).
B. The City typically conducts new employee orientations on the employee’s first day.
The City shall permit SLOCEA representatives to meet with new employees in a
City conference room for up to one hour.
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ARTICLE 41 - 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 42 - FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding of 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 43 - 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 44 - SIGNATURES
Classifications covered by this Agreement and included within this unit are shown in
Appendix "A".
This Agreement becomes effective July 1, 2025, as witnessed hereto by the following
parties:
CITY OF SAN LUIS OBISPO
SAN LUIS OBISPO CITY EMPLOYEES'
ASSOCIATION
Che Johnson, City Chief Negotiator Tracy Jones, SLOCEA General Counsel
Nickole Domini, Director of Human
Resources
Ryan Dale, Chief Negotiator and SLOCEA
President
Other City Negotiating Team Members Other SLOCEA Negotiating Team Members
Jeff Andrews, Human Resources Manager Nick Buckley
Debbie Malicoat, Deputy Director of Allie Genard
Finance/City Controller Ben Marquart
Eric Mortenson
Hayley Weidler
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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.
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)
Executive Assistant to the Police Chief
Facilities Maintenance Technician (SBP)
Finance Cashier
Financial Assistant
Financial Specialist
Fleet Services Specialist
Heavy Equipment Mechanic
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Housing Coordinator
Information Technology Assistant
Information Technology Security Engineer
Information Technology Systems Engineer
Laboratory Analyst (SBP)
Maintenance Contract 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)
Parks Maintenance Technician
Permit Technician I*
Permit Technician II*
Permit Technician III*
Planning Technician*
Plans Examiner
Ranger Service Worker (SBP)
Recreation Coordinator
Recycled Water Specialist
Senior Laboratory Analyst
Signal and Street Lighting Technician
Solid Waste and Recycling Coordinator
Stormwater Code Enforcement Officer
Streets Crew Coordinator
Streets Maintenance Operator (SBP)
Supervising Administrative Assistant
Supervising Utility Billing Assistant
Sweeper Operator
System Application Specialist I*
System Application Specialist II*
Transit Coordinator
Transportation Planner-Engineer I*
Transportation Planner-Engineer II*
Transportation Planner-Engineer III*
Underground Utilities Locator
Urban Forest Program Coordinator City Arborist
Urban Forester (SBP)
Utility Billing Assistant
Volunteer Coordinator
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Wastewater Collection System Chief Operator
Wastewater Collection System Operator (SBP)
Water Conservation Specialist
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 Maintenance Technician
Water Treatment Plant Operator (SBP)
Youth Services Coordinator
Youth Services Program Specialist
*Denotes positions within a career series
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