HomeMy WebLinkAbout02/06_1/2001, C12 - MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION FOR THE PERIOD OF 1/1/01-12/31/02 council '0.6mg Daft
o2-0
Numbw i
acEnba nEpout cit
CITY O F SAN LUIS O B I S P O
FROM: Ann Slate,Director of Human Resource
SUBJECT: Memorandum of Agreement between the City of San Luis Obispo and the San
Luis Obispo City Employees' Association for the period of 1/1/01-12/31/02
CAO RECOMMENDATION
Adopt a resolution approving the Memorandum of Agreement.
DISCUSSION
The Memorandum of Agreement (MOA) between the City and the San Luis Obispo City
Employees' Association (SLOCEA) expired on December 31, 2000, after a term of two years. As
provided for in that agreement, the City entered into negotiations with SLOCEA in November,
2000, to develop a successor agreement. The City Council, in closed session, was briefed on
November 9, 2000 and January 16, 2001, on the various issues and provided direction to staff
regarding economic considerations. Bill Avery, the City's chief negotiator, Karen Jenny, Risk
Manager, and the Human Resources Director met four times with the Association's negotiating
team led by Paul Bechely, a professional employee relations representative. Members of the
employees' team included Mike Bertaccini,Richard Brown,Ron Faria,Tim Girvin, Gary Keavney,
and Sheila New.
A tentative agreement has been reached which was ratified by a majority of the Association
membership. The agreement reflects and strengthens the continued cooperation between the
Association and the City to address issues of mutual concern in a productive manner. The
agreement is within the economic guidelines previously discussed with Council.
Following is a summary of the significant changes and cost items included in the agreement:
Term- 2 years
Salary- 1 January 2001 - 3%increase
1 July 2001 - 2%increase
1 January 2002 - 3%increase
1 July 2002 - 2%increase
Cafeteria Plan: $45/month increase from$420/month to$465 effective January 1,2001
$20/month increase from$465/month to $485 effective January 1,2002
C12-1
Council Agenda Report—SLOCEA MOA
Page 2
Supplemental Retirement: The City will contribute 1% of salary into a 401(a) defined benefit plan
effective July 1,2002.
Sick Leave Cash-nut at Retirement: Upon retirement, employees can receive cash for unused sick
leave that they have accrued during City service that exceeds 25 years
and 30 years as follows:
25 years of service 20%of sick leave cashed out
30 years of service 25%of sick leave cashed out
No rnst; ems: Amendments to the Public employees Retirement System (PERS) Miscellaneous
Contract:
• Military Service Credit: Time spent in the United States military can
be counted as service credit for the purposes of calculating
retirement benefits.
4" Level Survivor Benefit: The survivors of City employees who
die while still employed by the City can receive an enhanced
survivor benefit.
• Domestic Partners will become eligible for health insurance through
PERS.
• Pre-issued vacation checks will no longer be provided as of 1/01/02.
In addition, the parties agreed to include some language into the MOA that would provide for
opportunities to discuss issues of mutual interest during the term of the agreement such as broad
banding, housing assistance, recruitment/retention incentives, sick leave incentive programs and
retirement plan enhancements that are cost neutral to the City.
FISCAL IMPACT
The SLOCEA represents 162 City employees with a current annual total compensation of$8.1
million. The General Fund is responsible for $5.3 million of that. The cost of this agreement is
approximately $390,000 in year one and $460,000 in year two, with ongoing annual costs of
approximately $980,000. Funding is available in the existing fund balances for first six months of
the agreement that fall in the 2000-2001 Financial Plan. Funds will be appropriated in FY01-02
and FY02-03 as part of the upcoming two-year financial planning process in accordance with the
agreement.
C 12-2
Council Agenda Report�SLOCEA MOA .
Page 3
ALTERNATM
Do not.approve the resolution and direct staff to negotiate a different successor agreement. This
alternative isnot recommended as-the agreement is consistent with the Council's:previous direction
and the City's employer-employee relations policies.
Attachments Resolution
PLEASE NOTE: A copy of the MOA is available in the Council Reading File..
G:/_agOda ie)MWSLOCEAM02061
C12-3
RESOLUTION NO. (2001 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO
CITY EMPLOYEES'ASSOCIATION FOR THE PERIOD OF JANUARY 1, 2001 -
DECEMBER 31, 2002
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
Section 1. The Memorandum of Agreement between the City of San Luis Obispo and the
San Luis Obispo City Employees' Association, attached hereto as exhibit "A" and incorporated
herein by this reference, is hereby adopted and ratified.
Section 2. The Finance Director shall adjust the Personnel Services appropriation
accounts to reflect the negotiated compensation changes.
Section 3. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Memorandum of Agreement approved by it to Richard Brown, SLOCEA President;
Ann Slate, Director of Human Resources; and William Statler,Finance Director.
On motion of , seconded by ,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this 6"day of February 2001.
C12-4
Resolution No. (2001 Series) _
Page 2
Mayor Allen Settle
ATTEST:
Lee Price, CMC — -
City Clerk
APPROVED AS TO FORM:
C#ryAttorney
55:2001 CEA Resolution
C 12-5
R
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO
CITY EMPLOYEES' ASSOCIATION
JANUARY 1, 2001
Through
DECEMBER 31, 2002
I�I�II�GI� I �� ty
OBISsan to s PO
TAR' F OE CONTENTS
Article No Iitle Pane No
-
1 Parties to Agreement ..............................................1
2 Recognition............................................................2
3 Term of Agreement ................................................3
4 Renegotiation.........................................................4
5 Salary ...................................................................5
6 Overtime ...............................................................9
7 Longevity ............................................................1 1
8 Standby ..............................................................13
9 Callback ..............................................................15
10 Work Out-Of-Class ...............................................16
11 Temporary Assignment ......................................... 18
12 Bilingual Pay ........................................................ 19
13 Payday................................................................20
14 Paychecks Prior To Vacation..................................21
15 Retirement...........................................................22
16 Supplemental Retirement.......................................25
17 Insurance and Refund ...........................................26
18 Long Term Disability Insurance...............................31
19 Holidays ..............................................................34
20 Sick Leave...........................................................36
21 Bereavement Leave...............................................40
22 Family Leave........................................................41
23 Vacation Leave.....................................................44
24 Workers' Compensation Leave...............................46
25 Work Schedule.....................................................47
26 Vacation Sell Back................................................48
27 Americans With Disabilities Act..............................49
28 Transfer ...............................................................50
29 Layoffs................................................................51
30 Light Duty Assignment..........................................59
31 Class "A & B" Physicals........................................60
32 Uniform and Uniform Allowance.............................61
33 Safety Program ....................................................62
34 Employee Rights...................................................63
,
35 Grievance Procedure .............................................64
36 Representative Role ..............................................67
37 Committee Representation.....................................69
38 Dues Deduction....................................................70
39 Copies of Agreement ............................................71
40 Reopener.............................................................72
41 Management Rights.......................:......................73
42 Peaceful Performance ...........................................74
43 Full Agreement.....................................................76
44 Savings Clause.....................................................77
45 Authorized Agents................................................78
46 Signatures ...........................................................79
AppendixA...........................................................80
Attachment „1 ,' ....................................................83
ARTICLE 1
PARTIES TO AGREEMENT
This Agreement is made and entered into this 6' day of February, 2001, 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 unless so stipulated to by
provision(s) contained herein and agreed to.
e
1
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.
2
f
ARTICLE 3
TERM OF AGREEMENT
This Agreement shall become effective January 1, 2001 , 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 December 31,
2002.
R
3
I
•
ARTICLE 4
RENEGOTIATION
If the Association desires to negotiate a successor Agreement, then the
Association shall serve upon the City, during September of 2002, its written
request to begin negotiations as well as its written proposals for such changes.
Negotiations shall begin within, but no later than, thirty (30) days from the date of
receipt of the notice and proposals by the City.
4
a
ARTICLE 5
SALARY
SECTION A Rules Governing Step Changes
The following rules shall govern step increases for employees:
(1) The first step is the minimum rate and shall normally be the hiring rate
for the class. In cases where it is difficult to secure qualified
personnel, or if a person of unusual qualifications is hired, the
Administrative Officer may authorize hiring at any step.
(2) The second step is an incentive adjustment to encourage an employee
to improve his/her work. An employee may be advanced to the
second step following the completion of twelve months satisfactory
service upon recommendation by his/her department head and the
approval of the Human Resources Director.
(3) The third step represents the middle value of the salary range and is
the rate at which a fully qualified, experienced and ordinarily
conscientious employee may expect to be paid after a reasonable
period of satisfactory service. An employee may be advanced to the
third step after completion of twelve months service at the second
step, provided the advancement is recommended by the department
head and approved by the Human Resources Director.
5
(4) The fourth and fifth steps are to be awarded only if performance is
deemed competent or above as shown on the last performance
evaluation. An employee may be advanced to the fourth step after
completion of one year of service at the third step provided the
advancement is recommended by the department head and approved
by the Human Resources Director. An employee may be advanced to
the fifth
step after completion of two years service (one year for employees
who were at fifth step in one classification and then promoted to a
lower step in a higher classification) at the fourth step provided the
advancement is recommended and justified in writing by the
department head and approved by the Human Resources Director.
(5) The above criteria for step increases apply except where other
arrangements are authorized by the Administrative Officer.
(6) In applying the above rules, the next step shall be granted, other
conditions having been met, on the first day of the payroll period
within which the anniversary date occurs.
(7) Should the employee's salary not be increased, it shall be the privilege
of the department head and Administrative Officer to reconsider such
increase at any time during the year.
6
f
,
(8) Each department head shall be authorized to reevaluate employees
who reach Step 5 in their pay range. An employee who is not
performing up to standard for the fifth step shall be notified in writing
that the department head intends to reduce him one step unless his job
performance improves to an acceptable level by the end of 60 days.
Prior to the end of 60 days the department head shall again reevaluate
the employee and, as part of that reevaluation, shall notify the
employee if the pay reduction shall then become effective. The fifth
step may be reinstated at any time upon recommendation of the
department head. If the department head deems it necessary to again
remove the fifth step during the same fiscal year, he/she may make the
change at any time with three business days written notice.
SECTION B "Y" Rating
An employee who is not performing up to established job standards may be "Y"
rated, freezing his salary until such time as there is an improved job performance.
The department head, shall give 60 days written notice to any employee he/she
intends to "Y" rate, giving the employee an opportunity to correct any deficiencies.
A "Y" rated employee would not receive neither step increases or salary increases
granted by the City Council in a MOA resolution. The "Y" rating procedure shall
not result (then or later) in the employee being frozen below the next lower step of
7
1
the new range. For example, if an employee is at step D when "frozen" his/her
salary shall not ever be less then the current step C by this action.
SECTION C Computation of Salary Range
Each salary range consists of five steps (1 through 5). Steps 1 through 4 equal
95% of the next highest step, computed to the nearest one dollar.
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 95% of Step 2
Each across-the-board % salary increase shall raise step 5 of range 1 by that %.
Step 5 of each successive salary range will be 2.63% above step 5 of the next
lower range. After all step 5's of salary ranges have been established, each step 5
shall be rounded off to the nearest $1 .00 and the remaining steps established in
accordance with the above formula.
SECTION D Salary Provision for the Term of Agreement
1 . The parties agree to a salary increase as set forth below to be effective
on the first day of the first full payroll period in the month listed, for all
employees employed by the City on the effective date of the increases
beginning January 2001 .
January 2001 3.0%
July 2001 2.0%
January 2002 3.0%
July 2001 2.0%
8
C
ARTICLE 6
OVERTIME
A. DEFINITION
Overtime is defined as all hours ordered by management and worked by the
employee in excess of forty (40) hours worked in a work week.
Holidays and sick leave will be counted as hours worked for purposes of
overtime.
All overtime shall be authorized in writing by the department head prior to
being compensated.
B. COMPENSATION
Overtime shall be compensated in cash at one and one half (1 1/2) times the
employee's regular rate of pay, 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 eligible for overtime compensation may elect compensation in
the form of time off (CTO). An employee shall be compensated in CTO only
if the employee's department head approved such compensation. An
employee may not be compensated in CTO for more than sixty (60) hours of
9
overtime worked in the calendar year. Accumulated CTO not taken within
the calendar year shall be compensated in cash at straight time.
Such compensation shall be paid in January of the following year.
10
J
ARTICLE 7
LONGEVITY
A. Employees with hire dates after December 31 , 1973. Effective January 1 ,
1983, no employees will become eligible for longevity pay and employees
then receiving longevity pay shall receive no increases in longevity pay based
on additional service with the City.
B. Employees with hire dates prior to January 1 , 1973. Each employee shall be
paid an additional one percent (1 %) of his base salary step following ten
years of continuous full-time service with the City. An additional one percent
(1 %) of base salary will be added for each subsequent five-year period,
calculated to the nearest one dollar ($1 .00).
C. In the event an employee receiving longevity pay is not performing up to the
established standards set for the job, the department head with the
concurrence of the City Administrative Officer may suspend payment of the
longevity pay until such time as the employee's work performance comes up
to the standard level, in the opinion of the department head and with the
concurrence of the City Administrative Officer.
D. The department head shall notify the employee in writing that he intends to
suspend the longevity pay unless the employee's job performance improves
significantly within a 60-day period. If the employee's job performance does
11
not improve to the desired level by the end of 60 days, the pay reduction
shall then become effective. Longevity pay may be reinstated at any time
upon recommendation of the department head. If the department head
deems it necessary to again remove longevity pay during the same fiscal
year, he/she may make the change at any time with three business days
written notice.
12
ARTICLE 8
STANDBY
A. Standby duty is defined as that circumstance which requires an employee so
assigned to:
Be ready to respond immediately to a call for service;
Be readily available at all hours by telephone or other agreed-upon
communication equipment; and
Refrain from activities which might impair his/her assigned duties upon
call.
B. Employees, other than those assigned to the Water Reclamation Facility, will
receive thirty dollars ($30.00) for each week day, thirty-five dollars ($35.00)
for each weekend day, and thirty-five dollars ($35.00) for each holiday of
such assignment.
C. Operators at the Water Reclamation Facility will receive standby amounts
equivalent to those set forth above prorated for the hours actually spent on
standby duty.
D. For return to work as part of a standby assignment, as defined above, the
City will guarantee either two (2) hours of pay in cash at straight time or pay
at time and one half for time actually worked whichever is greater. .
13
ARTICLE 9
CALLBACK
A. DEFINITION
Callback is defined as that circumstance which requires an employee to
unexpectedly return to work after the employee has left work at the end of
the employee's workshift or workweek;
Except that, an early call-in of up to two (2) hours prior to the scheduled start
or a workshift shall not be considered a callback.
B. COMPENSATION
For an unexpected return to work, as defined in A above, the City will
guarantee either four (4) hours pay in cash at straight time or pay at time and
one-half for time actually worked, whichever is greater.
If an employee who was called back and has completed his/her assignment
and left work is again called back to work, he/she will not receive another
minimum if the return is within the original minimum.
15
ARTICLE 10
WORK OUT-OF-CLASSIFICATION
A. OUT-OF-CLASS ASSIGNMENT
For the purposes of this article, an out-of-class assignment is the full-time
performance of all the significant duties of an available, funded position in
one classification by an individual in a position .in another classification. An
employee assigned in writing by management to work out-of-class on a
position that is assigned a higher pay range and is vacant pending an
examination or is vacant due to an extended sick leave, shall receive five
percent (5%), but in no case more than the fifth step of the higher class, in
addition to their regular base rate commencing on the eleventh consecutive
workday on the out-of-class assignment.
Employees assigned as project managers and thereby working out-of-
classification shall receive compensation pursuant to this section.
B. SEASONAL SUPERVISION
If, in addition to his/her regularly assigned employees, any employee
responsible for five (5) or more temporary workers for a period exceeding 10
16
J
consecutive work days shall receive additional pay of 5% commencing with
the 11 th day.
17
ARTICLE 11
TEMPORARY ASSIGNMENT
An appointing authority may temporarily assign an employee to a different position
for a specific period of time, after which the employee returns to his/her regular
duties and position from which he/she was regularly assigned. Such action shall
have.the prior approval of the Personnel Director. An appointing authority may
assign an employee to a different position for a period of time not to exceed 90
days, provided the employee has received 24 hours written notice which includes
reasons for the assignment.
18
ARTICLE 12
BILINGUAL PAY
Employees certified as bilingual in Spanish through a testing process and certified
as being required to regularly use their Spanish speaking skills shall receive a
bilingual payment of thirty-five ($35) dollars per pay period. Additional languages
may be approved by the City based upon demonstrated need. Regardless of
certification and payment, all employees shall use any language skills they possess
to the best of their ability.
19
ARTICLE 13
PAYDAY
Paychecks will be disbursed on a bi-weekly schedule. Payday will be every -other-
Thursday.
therThursday. This disbursenient schedule is predicated upon noamal working
conditions and is subject to adjustment for cause beyond. the City's control..
20
ARTICLE 14
PAYCHECKS PRIOR TO VACATION
If an employee is taking vacation leave and wishes to receive his/her regular
paycheck before payday, the employee must notify the Finance Department in
writing at least two weeks prior to the start of vacation, provided the employee
has sufficient vacation time coming to cover the pay period. Effective January 1,
2002, the practice of issuing pay checks prior to vacation shall be discontinued.
21
ARTICLE 15
RETIREMENT
A. The City agrees to provide the Public Employees' Retirement System's 2% at
age 55 plan to all eligible employees including the amendments permitting
conversion of unused sick leave to additional retirement credit and the 1959
survivor's benefit; and one year final compensation. As soon as possible, the
City will implement the Military Service Credit option (Section 21024) and
the Level 4 1959 Survivor Benefit option (Section 21574).
B. The City agrees to contribute seven percent (7%) of an employee's salary on
behalf of the employee to PERS. These amounts paid by the City are
employee contributions and are paid by the City to satisfy the employee's
obligation to contribute seven percent (7%) of salary to PERS. An employee
has no option to receive the contributed amounts directly instead of having
them paid by the City to PERS on behalf of the employee. It is understood
and agreed to by the parties that the City "pick up" of the employee's PERS
contribution is made in lieu of a wage increase. Therefore, in all comparisons
made with other agencies, seven percent (7%) of salaries will be added to
the total compensation provided by the City to the employees. It is further
understood and agreed to by the parties that payment of the seven percent
22
(7%) PERS contribution is made subject to I.R.S. approval of reporting
procedures.
C. At the election of the Association, during the second year of this agreement,
the City will begin reporting the payment of the employee's retirement
contribution (EPMC) as compensation. Upon implementation of 2% @ 55, as
in "D" below, the City will implement, EPMC at no cost to the employees.
D. The City will implement the 2% at 55 retirement program subject to all of the
following conditions:
1 . The Unit will execute a supplemental memorandum of agreement
(Attachment I - Governing Implementation of the 2% at 55 Retirement
Program).
2. Employees will pay the entire cost of the 2% at 55 retirement program.
This cost shall be paid by the City reducing its payment of the
employees retirement contribution (EPMC) by a percent exactly equal
to the cost of the 2% at 55 retirement program. The cost of the
program shall be defined as the incremental cost of the 2% at 55
retirement program. The incremental cost will be that percentage
identified by PERS when supplying the actuarial quotation for 20/0 at 55
implementation. Concurrent to the employees assuming responsibility
for a portion of payment of the employee retirement share, the City
23
shall implement an. IRS 41'4h(2) provision allowing; for the employee to
make this contribution on a pretax basis.
3. Other affected employee groups and/or associations shall agree to
equivalent provisions for 2% at 55 implementation (or have such
provisions implemented),.. .
4
24
ARTICLE 16
SUPPLEMENTAL RETIREMENT
Effective with the first full pay period following July 1, 2002, the City shall
establish a defined contribution supplemental retirement plan for all employees
covered by this agreement. The City shall contribute 1 % of the employee's base
salary to the plan. Employees shall contribute 2% of base salary on a pre tax basis
to the plan.
25
I
ARTICLE 17
INSURANCE AND REFUND
A. CONTRIBUTION
Effective January 4, 2001 , the City shall contribute $465.00 per month for
Cafeteria Plan benefits for each regular, full time employee covered by this
agreement. Effective January 3, 2002, the City shall contribute $485.00 per
month per employee. Less than full-time employees shall receive a prorated
share of the City's contribution.
B: INSURANCE COVERAGE
1 . PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit Program
with the "unequal contribution option" at the PERS minimum
contribution rate, currently $16.00 per month for active employees
and $1 .00 per month for retirees. The City's contribution toward
retirees shall be increased by five (5%) percent per year of the City's
contribution for the active employees until such , time as the
contributions for employees and retirees are equal. The City's
contribution will come out of that amount the City currently
contributes to employees as part of the City's Cafeteria Plan. The cost
of the City's participation in PERS will not require the City to expend
26
additional funds toward health insurance beyond what is already
provided for. In summary, this cost and any increases will be borne by
the employees.
2. Health Insurance Coverage Optional Participation
Employees with proof of medical insurance elsewhere are not required
to participate in the PERS Health Benefit Program and may receive the
unused portion of the City's contribution (after dental and vision
insurance premiums are deducted) in cash in accordance with the
City's Cafeteria Plan. Those employees will also be assessed $16.00
per month to be placed in the Retiree Health Insurance Account. This
account will be used to fund the Retiree Health Insurance Account.
This account will be used to fund the City's contribution toward retiree
premiums and the City's costs for the Public Employee's Contingency
Reserve Fund and the Administrative Costs. However, there is no
requirement that these funds be used exclusively for this purpose nor
any guarantee that they will be sufficient to fund retiree health costs,
although they will be used for negotiated employee benefits.
3. Health Insurance Benefits for Domestic Partners
The City will adopt a resolution electing to provide health insurance
27
benefits to domestic partners (Section 22873 of the Public
Employees' Medical and Hospital Care Act [PEMCHA)):
4. Dental and Vision Insurance/Dependent Coverage
Employees will be required to participate in the City's dental and vision
plans at the "employee only" rate. Should they elect to cover
dependents in the City's dental and vision plans, they may do so, even
if they do not have dependent coverage under the PERS medical plan.
C. LIFE INSURANCE
Employees shall pay for life insurance coverage of Twenty-five Thousand
Dollars ($25,000).
D. MEDICAL PLAN REVIEW COMMITTEE
The Association shall appoint two voting representatives to serve on a
Medical Plan Review Committee. In addition, the Association may appoint
one non-voting representative to provide a wider range of viewpoint for
discussion. The vote of each voting representative shall be weighted
according to the number of employees represented by the association.
1 . DUTIES AND OBLIGATIONS OF THE MEDICAL PLAN REVIEW
COMMITTEE
a. Review and suggest changes for the City's flexible benefits plan
and the insurance plans offered under the MOA
41
28
b. Submit to the City and its employee associations
recommendations on proposed changes for the City's flexible
benefits plan and the insurance plans offered under the MOA
C. Disseminate information and educate employees about the
City's flexible benefits plan and the insurance plans offered
under the MOA;
d. Participate in other related assignments requested by the City
and its employee associations.
2. MISCELLANEOUS
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 flexible benefits plan, or Cafeteria Plan,
are subject to meet .and confer requirements, the City and the
Association agree to meet and confer in good faith.
29 ,
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.
E. City agrees to continue its contribution to the Cafeteria Plan for two (2) pay
periods in the event that an employee has exhausted all paid time off due to
an employee's catastrophic illness. That is, the employee shall receive
regular City health payment benefit for the first two pay periods following the
pay period in which the employee's accrued vacation and sick leave balances
reach zero (0).
30
ARTICLE 18
LONG TERM DISABILITY INSURANCE
A. COVERAGE
All employees shall be covered by Long Term Disability Insurance (LTD).
B. COST OF LTD
The employee shall pay all costs of the program, which the City shall deduct
from employees' paychecks.
C. ACCUMULATION OF BENEFITS
Time-in-service and other City benefits will only accrue when an employee is
on City-paid time.
D. COORDINATION OF BENEFITS
1 . LTD payments shall be coordinated with accumulated paid time so that
take home pay will not exceed regular take home pay. Paid time is
defined as vacation, sick leave, CTO, and holiday.
2. The coordination of payments will be administered by the City. The
employee must take his/her uncashed LTD benefit check to Finance.
a. Determination of the use of paid time for coordination of
benefits, shall be made by the City. Employees on disability
leave shall be required to use all accumulated paid time prior to
using unpaid time.
31
b. Employees who receive LTD benefits shall receive credit for a
portion of the paid leave used to cover their absence. To
determine the credit, the amount of their LTD benefit shall be
divided by their base hourly rate multiplied by 1 .4. The credit
shall be prorated if the employee has any non-paid time during
the pay period. To receive the credit, the employee
must sign his/her LTD benefit check over to the City.
EXAMPLE: Employee uses 80 hours of sick leave.
Employee receives $384 from LTD.
Employee's hourly rate is $9.67.
1 .4 x $9.67 = $13.54
$384 / $13.54 = 28.36 hours.
The employee receives a credit of 28.36 hours.
E. ACCRUAL OF BENEFITS WHILE ON LTD LEAVE
1 . If an employee has no paid time at the beginning of a pay period, the
employee shall neither accrue vacation or .sick leave, nor shall the
employee receive his/her regular City health payment benefit except as
provided in #3 below. To continue health insurance, the employee
must pay the entire cost of his/her health coverage for that pay period.
a
32
2. If an employee has at least sixteen hours of paid time at the beginning
of a pay period, the employee shall receive his/her regular vacation and
sick leave accruals.
3. If an employee has any paid time at the beginning of a pay period, the
employee shall receive his/her regular City health payment benefit for
that pay period. For continuance of medical insurance see Insurance
and Refund, Article 16, Section E.
F. WITHDRAWAL FROM LTD
If this unit chooses to withdraw from LTD after the required two (2) years
membership, it must present a majority petition indicating such desire.
33
ARTICLE 19.
HOLIDAYS
The following days of each year are designated as paid holidays:
January 1 - New Year's Day
Third Monday in January - Martin Luther King's Birthday
Third Monday in February - Presidents' Day
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
November 11 - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
December 25 - Christmas
One-half day before Christmas
One-half day before New Year's Day
Two Floating Holidays
When a holiday falls on a Saturday, the preceding Friday shall be observed. When
a holiday falls on a Sunday, the following Monday shall be observed. A holiday
shall be defined as eight (8) hours of paid time off for regular full-time employees.
34
Floating holiday accrual: An individual employed on a floating holiday (FH) accrual
date shall be credited with eight (8) hours of additional vacation. Use, carry-over,
accumulation, etc. of such vacation shall be subject to the same rules and
procedures that cover all accrued vacation.
The two floating holidays will be accrued January 1 and July 1 .
35
ARTICLE 20
SICK LEAVE
A. Sick leave shall be defined as absence from duty because of illness or
off-the-job injury, or exposure to contagious diseases as evidenced by
certification from an accepted medical authority.
B. Rules governing sick leave:
1 . Each incumbent of a line-item position shall accrue sick leave with pay
at the rate of twelve (12) days or the prorated shift equivalent 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 Administrative
Officer 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
his/her department. Such proof may be required for periods less than
five (5) consecutive working days where there exists an indication of
sick leave abuse.
36
6. Any employee who is absent because of sickness or other physical
disability shall notify his/her immediate supervisor or department head
as soon as possible but in any event during the first day of absence.
Any employee who fails to comply with this provision, without having
a valid reason, will be placed on leave of absence without pay during
the unexcused absence and be subject to disciplinary action.
7. Any employee absent for an extended illness or other physical
disability may be required by the Human Resources Director to have an
examination by the City's medical examiner, at City expense, prior to
reinstatement to the City service.
8. An appointing authority, subject to approval of the Human Resources
Director, may require any employee to be medically examined where
reasonable cause exists to believe that an employee has a medical
condition which impairs his/her 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.
37
9. In the event that an employee's sick leave benefits become exhausted
due to illness or exposure to contagious disease, the employee shall
revert to a status of leave of absence without pay and be subject to
the provisions of the Personnel Rules unless eligible to participate in
the City's Catastrophic Leave Policy. For continuation of medical
insurance see Insurance and Refund, Article 17, Section E.
10. The right to benefits under the sick leave plan shall continue only
during the period that the employee is employed by the City. This plan
shall not give any employee the right to be retained in the services of
the City nor any right of claim to sickness disability benefits after
separation from the services of the City. When an employee receives
compensation under the Worker's Compensation Act of California,
such compensation received shall be considered part of the salary to
be paid to the employee eligible for such payments as required by state
law. The amount paid by the City shall be the difference between the
amount received by the employee from the City's compensation
insurance coverage and the eligible employee's regular rate of pay.
1 1 . 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
t
38
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 his/her City employment.
12. Accumulation of sick leave days shall be unlimited.
13. Upon termination of employment by death or retirement, a percentage
of the dollar value of the employee's accumulated sick leave will be
paid to the employee, or the designated beneficiary or beneficiaries
according to the following schedule:
(a) Death - 25%
(b) Retirement and actual commencement of PERS benefits:
(1) After ten years of continuous employment - 10%
(2) After twenty years of continuous employment - 15%
(3) After twenty-five years of continuous employment —
20%
(4) After thirty years of continuous employment — 25%
39
ARTICLE 21
BEREAVEMENT LEAVE
At each employee's option, sick leave may be used to be absent from duty due to
the death of a .member of the employee's immediate family, meaning spouse,
child, brother, sister, parent, parent-in-law, step-parent, step-brother, step-sister,
grandparent, or any other relative living in the same household, provided such
leave as defined in this section shall not exceed five (5) working days (40 hours)
for each incident. The employee may be required to submit proof of relative's
death before being granted sick leave pay. False information concerning the death
or relationship shall be cause for discharge.
40
ARTICLE 22
FAMILY LEAVE
A. An employee may take up to two (2) days (16 hours) of sick leave per year if
required to be away from the job to personally care for a member of his/her
immediate family.
B. An employee may take up to five (5) days (40 hours) of sick leave per year if
the family member is part of the employee's household.
C. An employee may take up to seven (7) days (56 hours) of sick leave per year
if the family member is part of the employee's household and is hospitalized.
The employee shall submit written verification of such hospitalization.
D. For purposes of this article, immediate family is defined as spouse, child,
brother, sister, parent, parent-in-law, step-parent, step-brother, step-sister,
grandparent, or any other relative living in the same household.
E. The amounts shown in A, B, and C above are annual maximums, not
maximums per qualifying family member.
F. If the family member is a child, parent or spouse, an employee may use up to
48 hours annually to attend to the illness of the child parent or spouse,
insteadof the annual maximums in paragraphs A. and B. above, in
accordance with Labor Code Section 233.
41
F. In conjunction with existing leave benefits, employees with one year of City
service who have worked at least 1280 hours in the last year, may be eligible
for up to 12 weeks of Family/Medical Leave within any 12 month period.
Family/Medical Leave can be used for:
1 . A new child through birth, adoption or foster care (maternal or
paternal leave).
2. A seriously ill child, spouse or parent who requires
hospitalization or continuing treatment by a physician.
3. Placement of an employee's child for adoption or foster care.
4. A serious health condition which makes the employee unable to
perform the functions of his or her position.
This leave shall be in addition to leave available to employees under the
existing four month Pregnancy-Disability Leave provided by California law.
Paid leave, if used for family leave purposes or personnel illness, will be
subtracted from the 12 weeks allowed by the Family/Medical Leave Program.
Employees must use all available vacation; compensatory time and
administrative leave and, if appropriate, sick leave prior to receiving unpaid
Family/Medical Leave.
42
Employees on Family/Medical Leave will continue to receive the City's
contribution toward the cost of health insurance premiums. However,
employees who receive cash back under the City's Flexible Benefit Plan will
not receive that cash during the Family/Medical Leave. Only City group
health insurance premiums will be paid by the City.
If an employee does not return to work following Family/Medical leave, the
City may collect from the employee the amount paid for health insurance by
the City during the leave. There are two exceptions to this rule:
1 . The continuation of a serious health condition of the employee
or a covered family memberprevents the return.
2. Circumstances beyond the employee's control.
Further details on Family/Medical Leaves, are available through the City's
"Guide to Family/Leave Program."
43
ARTICLE 23
VACATION LEAVE
A. Each incumbent of a 40 hour a week line-item position shall accrue vacation
leave with pay at the rate of 12 days (96 hours) per year of continuous
service since the benefit date for the first five years, 15 days (120 hours) per
year upon completion of five years, 18 days (144 hours) per year upon
completion of ten years, and 20 days (160 hours) upon completion of twenty
years.
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
44
accrual. In no event shall more than one such extension be granted in any
calendar year.
E. Any employee who is on approved vacation leave and becomes eligible for
sick leave, as defined in Section 2.36.420 of the Municipal Code, may have
such time credited as sick leave under the following conditions:
1 . A physician's statement certifying that illness, injury or exposure
to contagious disease has occurred is presented to the
supervisor upon returning to work.
2. The vacation leave immediately ends and the employee reports
to work following the end of sick leave usage. (Ordinance No.
782 - 1978 Series)
F. Vacation leave shall be accrued as earned through December 31 , up to a
maximum of twice the annual rate.
45
.ti
ARTICLE 24
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 his/her base
salary and the amount provided by workers' compensation during the first 90
business days of such temporary disability absence. Eligibility for workers'
compensation leave requires an open workers' compensation claim.
For continuation of medical insurance see Insurance and Refund, Article 17,
Section E.
46
ARTICLE 25
WORK SCHEDULE
This article is intended to define the normal hours of work and shall not be
construed as a guarantee of hours of work per day, nor hours of work per week,
nor of days of work per week.
Employees shall be scheduled to work on regular workshifts having regular starting
and quitting times. Except for emergencies, employees' workshifts shall not be
changed without reasonable prior written notice to the employee and the Personnel
Director. Neither callback nor overtime constitute a change in workshift. 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.
47
ARTICLE 26
VACATION SELL BACK
All employees in this unit are eligible, once annually in December, to request
payment for up to forty (40) hours of unused vacation leave provided that an
employee's overall performance and attendance practices are satisfactory.
Employees must have eighty (80) hours of accrued vacation leave to be eligible.
Upon request, vacation sellback payments shall be made by separate check.
48
ARTICLE 27
AMERICANS WITH DISABILITIES ACT
The City and Association acknowledge the passage of the Americans with
Disabilities Act. It is agreed that the City shall take all necessary actions to
comply with the provisions of this Act. If necessary, sections of this
Memorandum of Agreement and/or the City Personnel Rules may be suspended in
order to achieve compliance.
49
ARTICLE 28
TRANSFER
A. TRANSFER REQUEST
Employees who want to transfer may notify the City by filing a form with the
Human Resources Department. Such form shall be developed and made
available by the Human Resources Department.
B. TRANSFER PROCESS
Upon proper notice and concurrence by the City Administrative Officer, an
employee may be transferred by the appointing authority from one position to
another in the same pay range provided he/she possesses the minimum
qualifications as determined by the Human Resources Director.
If the transfer involves a change from one department to another, both department
heads must consent thereto unless the City Administrative Officer orders the
transfer for purposes of economy and efficiency.
The employee shall be given five (5) business days' written notice of the transfer
including the reason for the change.
50
ARTICLE 29
LAYOFFS
LAYOFF PROCEDURE
In accordance with Personnel Rule 2.36.280, the City Council of San Luis Obispo
shall determine when and in what position or classifications layoffs are to occur.
The Human Resources Director shall be responsible for the implementation of a
layoff order of the City Council in accordance with the procedures outlined below:
A. After determining which job classification within a department shall be
laid off, the order of layoffs shall be as follows:
1 . Temporary 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:
51
Category 1 :
Performance that is unsatisfactory, below standard, needs
improvement, unacceptable or does not meet minimum
standards. Performance defined by this category is evidenced
by the employee's two most recent performance evaluations
with an overall rating that falls within the lowest two categories
of the performance appraisal report.
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 top two or three performance categories of the performance
appraisal.
A regular employee being laid off shall be that employee with the
least seniority in the particular job classification concerned and in
the department involved who is in the lowest job performance
category. Employees in Category 1 with the lowest seniority
will be laid off first, followed by employees in Category 2.
52
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
deterining order of layoffs.
a. In the event two or more employees in the same job
classification are in the same job performance category,
.the employee with the least amount of service with the
City shall be laid off first.
b. Transfer to another department in lieu of layoff is
authorized upon approval of the department needs, if
there is a vacancy and the employee meets the minimum
job requirements.
C. Regular part time employees shall receive prorated
seniority credit.
B. Laid Off Employees on Reemployment List.
The names of employees who have been laid off shall be placed on the
appropriate Reemployment List for one year. The recall of employees
will be in reverse order of layoff, depending upon City requirements.
53
Reemployment lists shall be used for filling those classes requiring
substantially the same minimum qualifications, duties and
responsibilities of the class from which the layoff was made.
C. Appointment of Laid-Off Employees to Vacant Class.
An appointing authority may, with the approval of the department
head and the Human Resources Director and in agreement with the
employee, appoint an employee who is to be laid off to a vacancy in a
vacant class for which he or she is qualified.
e
D. Employee reassignments (bumping procedure):
1 . Employees who have been promoted during their service with
the City may bump back one classification in their career series,
or to a position within a classification they formerly held, if
there is an employee in the lower previously held classification
with less seniority than the employee who wants to bump.
Seniority for the purpose of this section shall mean time in the
position in the lower classification plus time in other
classifications. For example, (1) an employee attempting to
bump to Accounting Assistant II from Accounting Assistant III
would utilize their combined time as a II and III in determining
whether or not they had more seniority than an individual in the
54
II classification. (2) An employee attempting to bump to a
Parks Worker II from a Street Painter 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 Administrative Officer
determines that the public interest will not be served by
application of the above criteria, the City Administrative Officer
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
55
occurred which essentially change the ability of the employee to
perform the offered employment.
E. Employment programs with special requirements will be administered in
accordance with appropriate Federal or State guidelines and directives.
F. The City will notify recognized employee organizations of the effective
date of any reduction in force concurrent with the notice to the
affected employee(s) pursuant to G, below.
G. Notice of Layoff to Employees.
An employee to be laid-off shall be notified in writing of the impending
action at least thirty (30) calendar days in advance of the effective
date of the lay-off. The notice shall include the following information:
1 . Reason for lay-off.
2. Effective date of layoff.
3. Employee rights as provided in these rules.
H. Removal of Names From Reemployment Lists.
The Human Resources Director may remove an employee's name from
a reinstatement list if any of the following occur:
1 . The individual indicates that he/she will be unable to return to
employment with the City during the life of the list; or
56
2. The individual cannot be reached after reasonable efforts have
been made to do so. The City shall utilize certified mail when
contacting individuals; or
3. The individual refuses two reemployment offers. Individuals
shall have ten (10) days to respond to the offer of reemployment
and an additional fourteen.(14) days to return to work.
K. Employee Rights And Responsibilities.
In addition to rights identified herein, employees affected by these
procedures shall also have the following rights:
1 . Through prior arrangement with his/her immediate supervisor an
employee who has been notified of his/her 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
his/her unused accrued vacation leave on the effective date of
the layoff.
3. When an individual is reemployed he/she shall be entitled to:
a. Retain his/her seniority date.
b. Accrue vacation leave at the same rate at which it was
accrued at the time of the layoff.
S
57
c. Have any unused sick leave reinstated.
An individual reemployed into the job classification from which he/she was
laid off shall be assigned to the same salary range and step he/she held at
the time of the layoff. An individual reemployed into a job classification
other than the classification from which he/she was laid off shall be
assigned to the salary range of the new classification at the amount
closest to the salary he/she earned at the time of the layoff. An individual
reemployed into the classification from which he/she was laid off while
still a probationary employee shall complete, upon return to the job, the
remaining portion of his/her 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 he/she 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.
58
ARTICLE 30
LIGHT DUTY ASSIGNMENT
If an employee's medical condition temporarily precludes the performance of
his/her normal duties and management determines modified work is available and
necessary to be performed, he or she may, with medical authorization, be
temporarily assigned to such work for a period not to exceed six months. No
change in base pay will result unless the duties to be performed are substantially
greater or lesser than those normally performed by the employee and the
employee's current pay rate is not within the pay range for the temporarily
assigned work. In no event shall and employee's current pay rate be reduced more
than four (4) ranges at the same step.
59
ARTICLE 31
CLASS "A & B" PHYSICALS
The city will pay for costs for physical exams not covered by city insurance
policies required for those employees required by the City to hold valid Class "A or
B" California drivers licenses.
60
ARTICLE 32
UNIFORM AND UNIFORM ALLOWANCE
A. The Administrative Secretary, Secretary and Records Clerks in the Police
Department shall receive a one hundred and twenty-five dollar ($125.00)
uniform allowance quarterly.
B. This allowance shall not be paid for any employee who is off duty for more
than three pay periods. If the employee returns to work during that quarter,
his/her uniform allowance will be prorated.
C. All other employees required to wear City uniforms shall be provided clean
uniforms. A uniform includes either one shirt and pants combination or one
pair of coveralls.
D. Uniforms and work shoes shall only be used on City business
E. Employees required to wear City uniforms shall only be permitted to wear
other clothing for medical reasons upon submission of a letter from the city
doctor certifying that the city uniform is injurious to their health. Decisions
regarding this paragraph shall be made by the Human Resources Director on a
case-by-case basis.
61
ARTICLE 33
SAFETY PROGRAM
The City shall continue a compensation program for safety representatives on the
basis that each designated safety member shall be compensated at the rate of
$10.00 per month. The description of the duties of a safety committee member
shall be designed by the Human Resources Director or his/her designee. The intent
of the safety representatives is to assist the Human Resources Director and the
overall safety program in reducing accidents by reporting hazardous conditions.
62
ARTICLE 34
EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the
activities of employee organizations of their own choosing for the purpose of
representation on all matters of employer-employee relations including but not
limited to, wages, hours and other terms and conditions of employment.
Employees of the City also shall have the right to refuse to join or participate in the
activities of employee organizations and shall have the right to represent
themselves individually in their employment relations with the City. No employee
shall be interfered with, intimidated, restrained, coerced or discriminated against
because of the exercise of these rights.
63
ARTICLE 35
GRIEVANCE PROCEDURE
A grievance is defined as an alleged violation, misinterpretation or misapplication of
the employer-employee resolution, the Personnel Rules and Regulations, any
Memorandum of Agreement, excluding disciplinary matters, or any existing written
policy or procedure relating to wages, hours or other terms and conditions of
employment excluding disciplinary matters.
Each grievance shall be handled in the following manner:
A. The employee who is dissatisfied with the response of the immediate
supervisor shall discuss the grievance with the supervisor's immediate
superior. The employee shall have the right to choose a representative to
accompany him/her at each step of the process. If the matter can be
resolved at that level to the satisfaction of the employee, the grievance shall
be considered terminated.
B. If still dissatisfied, the employee may submit the grievance in writing to the
department head for consideration, stating the facts on which it was based,
including the provision of the rules, regulations, or agreement said to be
violated, and the proposed remedy. This action must take place within
fifteen 0 5) business days of the response of the supervisor's immediate
superior but in no event later than thirty (30) calendar days after the
64
occurrence of the event giving rise to the grievance. The department head
shall promptly consider the grievance and render a decision in writing within
fifteen (15) business days of receiving the written grievance. If the
employee accepts the department head's decision, the grievance shall be
considered terminated.
C. If the employee is dissatisfied with the department head's decision, the
employee may immediately submit the grievance in writing to the Human
Resources Director within seven (7) business days of receiving the
department heads's decision. The Human Resources Director shall confer
with the employee and the department head and any other interested
parties, and shall conduct such other investigations as may be advisable.
D. The results of findings of such conferences and investigations shall be
submitted to the City Administrative Officer in writing within fifteen (15)
business days of receiving the employee's written request. The City
Administrative Officer will meet with the employee if the employee so
desires before rendering a decision with respect to the complaint. The City
Administrative Officer's decision and reason if denied shall be in writing and
given to the employee within twenty (20) business days of receiving the
Human Resources Director's results and findings. Such decision shall be
final unless employee desires the Personnel Board to review the decision. If
65
such is the case, the employee will have ten (10) business days following
receipt of the City Administrative Officer's decision to submit a written
request to the Personnel Board through the Human Resources Director for a
review of the decision. The Personnel Board within thirty (30) business
days shall review the record and either (1) issue an advisory opinion to the
City Administrative Officer; 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 Administrative Officer's decision, the City Administrative
Officer 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.
66
ARTICLE 36
REPRESENTATIVE ROLE
Members of any recognized employee organization may, by a reasonable method,
select not more than three employee members of such organization, one employee
observer, and the Association President 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
x
67
a
provided herein, however; shall limit.or restrict City management from
scheduling such,meetings before or-after fegular duty or work hours.
68
ARTICLE 37
COMMITTEE REPRESENTATION
A. If the Director of Human Resources establishes a committee to study possible
changes which will affect significant numbers of employees in the unit in
subjects within the scope of representation, and if the Human Resources
Director includes unit members on the committee, such committee members
shall be designated by the Human Resources Director after consultation with
the Association.
This unit shall have the same number of committee members as each other
unit has.
B. Two representatives of the bargaining unit designated by the Association and
two representatives of management designated by the City shall meet on an
as-needed basis to discuss issues of concern to the parties.
69
ARTICLE 38
DUES DEDUCTION
The City shall deduct dues from City employees and remit said dues to the
Association on a bi-weekly basis for the duration of this Agreement. These dues
shall not include assessments. Bi-weekly dues deduction additions and/or
deletions shall be recorded-by the City's Finance Director and a notification of all
dues transactions shall be sent bi-weekly to the Association Treasurer.
The Association shall hold the City harmless from any and all claims, and will
indemnify it against any unusual costs in implementing these provisions. The
Association shall refund to the City any amount paid to it in error upon
presentation of supporting evidence.
70
ARTICLE 39
COPIES OF AGREEMENT
Parties agree City shall provide thirty (30) copies of the Agreement to the
Association. Association shall pay 1/2 City's actual cost. Parties shall consult
concerning size and format of printed agreement and concerning who does the
printing of the agreement.
71
ARTICLE 40
REOPENER
Upon request of the City, the Association agrees to reopen negotiations on
possible implementation of a Sick Leave Incentive Program(s).
Upon request of either the Association or the City, the parties agree to reopen
negotiations on possible retirement enhancements, if approved by the State
legislative and signed by the Governor. Any enhancements to the retirement plan
would be cost neutral to the City.
Upon request of the Association, the parties agree to meet and confer on possible
establishment of a Voluntary Employees' Beneficiary Association (VEBA).
At the request of the City or the Association, the parties agree to meet and confer
on the implementation of broad banding of classifications and recruitment
incentives for classifications that have been difficult to fill.
72
ARTICLE 41
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.
73
ARTICLE 42
PEACEFUL PERFORMANCE
If an employee participates in a strike or a concerted work stoppage, the City may
apply discipline up to and including discharge. However, nothing herein shall be so
construed as to affect the right of any employee to abandon or to resign his
employment.
A. Employee organizations 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. In the event that there occurs any strike, concerted work stoppage, or
any other form of interference with or limitation of the peaceful
performance of City services prohibited by this article, the City, in
addition to any other lawful remedies of disciplinary actions, may by
action of the Municipal Employee Relations Officer cancel any or all
payroll deductions, prohibit the use of bulletin boards, prohibit the use
of City facilities, and withdraw recognition of the employee
organization.or organizations participating in such actions.
74
C. 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.
Any decision made under the provisions of the Article may be appealed to the City
Council by filing a written Notice of Appeal with the City Clerk, accompanied by a
complete statement setting forth all of the facts upon which the appeal is based.
Such Notice of Appeal must be filed within ten (10) working days after the
affected employee organization first received notice of the decision upon which the
complaint is based, or it will be considered closed and not subject to any other
appeal.
75
ARTICLE 43
FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on
all negotiable issues between the City and the Association. The Agreement
supersedes all previous Memoranda of Understanding or Memoranda of Agreement
between the City and the Association except as specifically referred to in this
Agreement. The parties, for the term of this Agreement, voluntarily and
unqualifiedly agree to waive the obligation to negotiate with respect to any
practice, subject or matter not specifically referred to or covered in this Agreement
even though such practice, subject or matter may not have been within the
knowledge of the parties at the time this Agreement was negotiated and signed.
In the event any new practice, subject or matter arises during the term of this
Agreement and an action is proposed by the City, the Association shall be afforded
notice and shall have the right to meet and confer upon request.
76
ARTICLE 44
SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by
any court of competent jurisdiction, or if compliance with or enforcement of any
provision should be restrained by any tribunal, the remainder of this Agreement
shall not be affected thereby, and the parties shall enter into a meet and confer
session for the sole purpose of arriving at a mutually satisfactory replacement for
such provision within a thirty (30) day work period. If no agreement has been
reached, the parties agree to invoke the provision of impasse under Section 13 of
City Resolution No. 6620.
77
ARTICLE 45
AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Agreement:
A. The Association's principal authorized agent shall be the President
(address: 990 Palm Street, San Luis Obispo, California 93401 : (805)
781-7217).
B. Management's principal authorized agent shall be the Human
Resources Director or his/her duly authorized representative (address:
990 Palm Street, San Luis Obispo, CA 93401-3249; telephone: (805)
781-7250).
78
ARTICLE 46
SIGNATURES
Classifications covered by this Agreement and included within this unit are shown
in Appendix "A".
This Agreement becomes effective February 6, 2001, as witnessed hereto by the
following parties:
SAN LUIS OBISPO
CITY OF SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION
William Avery, City Consultant Paul Bechely, SLOCEA Consultant
(L 414 1 12.�Q I ClIscrki
Ann Slate, Human Resources Director /Date Richard Brown, President /Date
Other City Negotiating Team Members Other SLOCEA Negotiating Team Members
Karen Jenny Mike Bertaccini
Ron Faria
Tim Girvin
Gary Keavney
Sheila New
79
APPENDIX A
CLASSIFICATIONS
The classifications listed below are those classifications represented by the
Association and are presented alphabetically which does not illustrate job families
nor functional groupings as shown in previous MOA's.
. Accounting Assistant I
. Accounting Assistant II
. Accounting Assistant III
Administrative Assistant I
Administrative Assistant II
Administrative Assistant III
Assistant City Clerk
Assistant Engineer I
Assistant Engineer II
. Assistant Planner
Associate Engineer
Associate Transportation Engineer.
Associate Planner
Biologist
Building Inspector
Building Maintenance Technician
Building Permit Coordinator
Code Enforcement Coordinator
Computer Systems Technician I
Computer Systems Technician II
Council Assistant
Engineering Technician I
Engineering Technician II
Field Engineering Assistant
Fire Inspector
Fire Inspector I
Fire Plan Check Inspector
Heavy Equipment Operator I
Heavy Equipment Operator II
Heavy Equipment Mechanic
Industrial Waste Inspector
Janitor I
80
Janitor III
Lead Parking Attendant
Maintenance Worker I
Maintenance Worker I - Janitor
Maintenance Worker II - Buildings
Maintenance Worker II - Parks
Maintenance Worker II - Streets
Maintenance Worker III - Parks
Maintenance Worker III - Streets
Management Assistant
Office Assistant I
Office Assistant II
Parking Enforcement Officer
Parking Meter Repair Worker
Parks Maintenance Technician
Planning Technician
Plans Examiner
Police Records Clerk I
Police Records Clerk II
Public Works Inspector
Radio Systems Technician
Ranger Service Coordinator
Recreation Coordinator I
Recreation Coordinator II
Signal Maintenance Electrician
Supervising Administrative Assistant
Telemetry & Instrument Technician
Traffic Engineer
Transportation Assistant
Tree Trimmer I
Tree Trimmer II
Utilities Conservation Technician
Utility Worker II
Utility Worker III
Water Reclamation Chief Operator
Water Reclamation Lab Analyst I
Water Reclamation Lab Analyst II
. Water Reclamation Facility Operator Trainee
. Water Reclamation Facility Operator I
• Water Reclamation Facility Operator II
81
Water Reclamation Facility Operator III
Water Reclamation Maintenance Technician I
Water Reclamation Maintenance Technician II
Water Service Worker II
Water Service Worker III
. Water Supply Operator II
Water Supply Operator III
Water Treatment Plant Chief Operator
Water Treatment Plant Maintenance Technician
. Water Treatment Plant Operator Trainee
. Water Treatment Plant Operator I
. Water Treatment Plant Operator II
Water Treatment Plant Operator III
Water Treatment Plant Operator III - Supervising
82
ATTACHMENT 1
SUPPLEMENTAL MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO CITY
EMPLOYEES' ASSOCIATION
INTRODUCTION
This supplement is the Memorandum of Agreement entered into between the
City of San Luis Obispo and The San Luis Obispo City Employees' Association
commencing January 1 , 1999 and any successor memoranda during the term of
this Supplemental Agreement.
SECTION 1: PURPOSE
The purpose of this supplemental Memorandum of Agreement is to implement, at
the election of the Association, the 2% at 55 retirement program as set forth in
Article 15.
SECTION 2: TERM
This supplemental Memorandum of Agreement shall be for eight (8) years
commencing with implementation of the 2% at 55 retirement program.
SECTION 3: RETIREMENT IMPLEMENTATION
Upon meeting of the criteria set forth within Article 15 of the Memorandum of
Agreement between the City and Association referenced above, the City shall
implement the 2% at 55 retirement program and the employee shall pay for the
2% at 55 retirement program as follows:
"Employees will pay the entire cost of the 2% at 55 retirement
program. This cost shall be paid by the City reducing its payment
at the employees retirement contribution (EPMC) by a percent
exactly equal to the cost of the 2% at 55 retirement program.
The cost of the program shall be defined as the incremental cost
of the 2% at 55 retirement program. Incremental cost will be
that percentage identified by PERS when supplying the actuarial
quotation for 2%. at 55 implementation. Concurrent to the
e
83
r
A
employees assuming responsibility for a portion of payment of the
employee retirement share, the City shall implement an IRS
414h(2) provision allowing for the. employee to make this
contribution on a pretax basis."
SECTION 4: INTENT
The intent of this supplemental Memorandum of Agreement is to ensure that the
parties' intent be memorialized for an extended period of time. The City's
willingness to implement the 2% at 55 retirement program has been conditioned
upon the employees' stated -willingness to pay for it. While this supplemental
agreement runs for eight (8) years, the intent of the parties continues past its
expiration.
SECTION 5: MEMORANDA OF AGREEMENT
Except as modified by this supplemental Memoranda of Agreement the
Memoranda of Agreement between the City and Association commencing July 1 ,
1999 and all successor Memoranda will remain unchanged.
84