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HomeMy WebLinkAbout6500-65110 • RESOLUTION NO. 6511 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL FROM THE ARCHITECTURAL REVIEW COMMISSION (ARC 87 -219) WHEREAS, the Architectural Review Commission on April 4, 1988, considered the application by Douglas Michie to add three apartments to a site with a house at 1275 Murray Street, and denied the request upon determining that the project did not meet architectural review guidelines concerning neighborhood compatibility and usable open space; and WHEREAS, the applicant appealed that decision to the City Council, the Council considered the appeal May 3, 1988, and continued action at the applicant's request; and WHEREAS, the Architectural Review Commission considered revised plans on June 20 and September 6, 1988, and at the latter meeting denied the request upon determining that the project did not meet architectural review guidelines concerning accuracy and completeness of plans, neighborhood compatibility, and usable open space; and WHEREAS, the applicant again has appealed to the council; and WHEREAS, the Council has considered the testimony and statements of the applicant, the project plans, records of the Architectural Review Commission's actions, and the evaluation and recommendation of staff; NOW, THEREFORE, the council resolves to deny the appeal and the application, based on the findings of the Architectural Review Commission. On motion of ,Councilwoman Rappa , seconded by „Councilwoman „Pi.n_ aril and on the following roll call vote: AYES: Councilmembers Rappa, Pinard, Reiss, Settle and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this ,4th day of ,October ., 1988. .......... 4 Mayor Ron Dunin R6511 Resolution No. 6511 (1988 Series) Page 2 APPROVED: ........ ............................ City Ad inistrative Officer .......... ........................... City A rney ................................. Community Development Director F/ le r fi;'�41e, 6 Jb RESOIIMON No. 6510 (1988 SERIES) r•1 WOW 'i 91• IU 9i• Y I • r• • a- �VN • 1 r. 1 r• ••• �• WHEREAS, pursuant to public hearings duly held, the Council hereby determines that there are no objections or protests to the costs of construction submitted by the Superintendent of Streets and hereby confirm said costs as submitted and as set forth hereafter; and, WHEREAS, the hereinafter listed construction costs shall be paid within thirty -one (31) days after the date hereof and any such costs remaining unpaid thereafter shall be turned over to the City Tax Collector to be placed as alien against the property and collected with the city taxes, and subject to the same penalties and costs if not paid on the first installment. The property owners, addresses and construction.costs are shown on Exhibit "A ", and, On motion of Councilwoman Pinard, seconded by Councilwoman Rappa, and on the following roll call vote: AYES: Councilmembers Pinard, Rappa, Reiss, Settle and Mayor Dunin NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 4th day of October , 1988. or, cln ft 10 Resolution No. 6510 (1988 Series) Page r2 APPROVED: ty k(Aministrative Officer City Alt'orney F ilg&fic irecto Public Works Director Project Manager b /heller /resolution so OWNER 1. Bank of America 2. County of San Luis Obispo 1911 /dfr #13 EXHIBIT A LOCATION 1252 Monterey Street 1051 Mill Street AMOUNT $929.75 $724.38 RESOLUTION N0: 6509 (1988 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 1210 AT 251 MARGARITA.AVENUE (BDC DEVELOPMENT CORP., SUBDIVIDER) WHEREAS, the City Council made certain findings concerning Tract No. 1210 and as contained in Resolution No. 5461 (1984 Series), and WHEREAS, all conditions required per said Resolution No. 5461 (1984 Series) have been met, and WHEREAS, all public improvements have been constructed to City standards and specifications, NOW THEREFORE BE IT RESOLVED that the public improvements are hereby accepted and the surety is released in accordance with the subdivision agreement. On motion of Councilman Settle , seconded by Councilwoman_Ranpa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 4th day of tober , 1988. ATTEST: P", Lk CfTj CLERK Pam Vales IF MAYOR Ron Dunin CoSo 4 Resolution No. 6509 (1988 Series) Page Two APPROVED: City Adm'nistrative Officer i City Att rney AXE -- -City En neer r%�„tiCommunit Development Director N /jkt1210 j fi G� Ayt-� f RESOLUTION NO. 6508(1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AMENDED BYLAWS FOR THE BUSINESS IMPROVEMENT ASSOCIATION BE IT RESOLVED by the Council of the City of San Luis. Obispo as follows: SECTION 1. Those certain bylaws attached hereto marked Exhibit "B" and incorporated herein by reference for the Business Improvement Area are hereby approved. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the bylaws approved by it to: Business Improvement Area; On motion of Councilman Settle , seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4thday of October 1988. YOR, RON DUNIN Approved: City A inistrative Officer City At rney �� � � Fra �.�a -���. BYLAWS OF THE SAN LUIS OBISPO DOWNTOWN BUSINESS IMPROVEMENT ASSOCIATION ARTICLE I. STATUTORY AUTHORITY; NAME Section 1.1 This organization is established pursuant to Section 6101 of the San Luis Obispo Municipal Code, and shall be known as The- San Luis Obispo Downtown Business Improvement Association or, simply, the BIA. ARTICLE II. PURPOSE Section 2.1 The BIA is created to implement the specific purposes for which Section 6101 of the San Luis Obispo Municipal Code was enacted_ A copy of said Section is attached hereto as Exhibit "A" for reference and incorporated as though fully set.forth. ARTICLE 111. MEMBERS Section 3.1 Classification of Members. The Association shall have one class of members only, and each member shall have equal voting and other rights; provided, however, that voluntary members may not serve on the Advisory Board of Directors. Section 3.2 Eligibility. Membership shall be comprised of all holders of active city business licenses within the defined BIA boundaries. Any business, person or institution within the BIA boundaries but exempt from the payment of the business license tax_ shall be permitted to voluntarily associate as a member. Section 3.3 Boundaries. The boundaries of the BIA shall be as set forth in Section 6101(b) of the San Luis Obispo Municipal Code. ARTICLE IV. DIRECTORS Section 4_1 Government;. Number. The government of the BIA shall be vested in,. and the business conducted by, a board of eleven (11) Directors who shall be members in good standing and serve without salary. Collectively the Directors shall be known as the Advisory Board of Directors or, simply, the Board of Directors. Section 4...2 Function. The Board of Directors, in carrying out the purposes of the BIA, shall advise and recommend policy to the San Luis Obispo City Council pursuant to Section 6101(h) of the San Luis Obispo Municipal Code. �cc,t�Ar 1F `fiy= C,3Yl G i Section 4.3 Terms of Office. Each Director shall hold office for a term of two (2) years and, excepting those members who are .serving on the Board of Directors on the date of the adoption of these amended Bylaws, shall be permitted to seek re- election for a second two (2) year term. In no event, however, shall a Director hold office for more than (2) consecutive terms without a lapse of one (1) year as a member of the Board. Section 4.4 Removal of Directors. Any Director may be removed and replaced by the City Council at any time after considering the recommendations and advice of the Board of Directors. Section 4.5 Vacancies. Vacancies on the Board of Directors shall exist on the death, resignation, or removal of any Director. Any such vacancy shall be filled by appointment for the unexpired term by the President with the approval of the City Council. Section 4.6 Absences. With the unexcused absence of a member of the Board from three (3) regular meetings in any twelve (12) month period, and recorded by the Board, the President may nominate a replacement, with concurrence of the board and appointment by the City Council. Section 4.7 Nominations. In December of each year, the President shall select a Nominations Committee comprised of at least three (3) regular members of the BIA in good standing, who may or may not be Board members, securing the concurrence of the Board in their appointment. Section 4.8 Official Ballot. Promptly upon being appointed, the Nominations Committee shall proceed to the selection of candidates for membership on the Board of Directors for the ensuing year, and shall prepare a list of such candidates in a number equal to at least twice the number of vacancies to be filled, securing the consent of those members selected in each instance, and reporting the completed list to the Board at its regular January meeting. The Board shall then cause a ballot to be prepared showing the full list of candidates and the names of their businesses as indicated by their City business licenses. Said ballot shall contain additional spaces for possible write -in candidates, and voting instructions on the ballot indicating the number of vacancies to be filled. Section 4.9 .Annual Election. Within seven (7) days after the February meeting of the Board of Directors, the Official Ballot shall be mailed to each member of the BIA, to be returned on or before 5:00 p.m. on a date certain, as established by the Nominations Committee. Section 4.10 Election Results. Returned ballots shall be canvassed by the Nominations Committee and reported at the regular meeting of the Board of Directors in March for verification of results. Section 4.11 Council_ Appointment. The results of the BIA election, as confirmed by the Board of Directors, shall be presented to the City Council in March for official appointment and the new Board members shall take their positions in April next following. -2- 0 ARTICLE V. MEETINGS Section 5.1 Regular. The Board of Directors shall meet at least once each month at a place and time determined by the Board and public notice shall be posted of such meeting in accordance with standard City prodedures and applicable State laws. Section 5.2 Special. Special meetings may be called by the President or three (3) Board members when deemed necessary in accordance with standard City procedures and applicable State laws. Section 5.3 Quorum. A majority of the authorized number of Board members shall constitute a quorum at any Board.meeting.- Section 5.4 Transactions of_Board. Any act or decision done or made by a majority of the Directors present at a meeting duly held shall be the act of the Board. ARTICLE VI. OFFICERS Section 6,l Number and Titles. The Officers of the Association shall be a President, one (l)-br more Vice Presidents as shall be determined by the.Board of Directors, a Treasurer, and a Secretary. Each of said Officers shall be a member of the Board of Directors: Section 6.2 Election. Immediately following, the March meeting of the Board of Directors, the new Board, consisting of holdover members and the newly_ elected members, shall, after confirmation, meet and elect the above named officers for the ensuing year. Section 6.3 Term. Officers duly elected shall take office at the first regular meeting of the Board of Directors in April, and shall serve until the first regular meeting in April of the next year. Section 6.4 Duties of the.President. The President shall be.the chairperson of Lhe Board of Directors and shall be executive.head of the BTA, shall preside at the Board meetings, and shall either represent.or appoint a representative to all functions where the.BIA is to be represented. The President shall, subject to the .approval of the Board, appoint all committee chairpersons and he /she shall be an ex- officio member of all committees. Section 6.5 Duties of the Vice President(s). In the absence or disability of the President, the Vice President designated by the President shall carryout all of the responsibilities and functions of the President and shall have the same powers and be subject to the same. restrictions as the President. The Vice President(s) shall have such other powers and perform such other duties as from time to time may be Prescribed by the President or the Board of Directors. -3- C • Section 6:6 Duties,of.the Treasurer. The Treasurer shall be the Chief Financial Officer of the BIA. Section 6.7 Duties of the Secretary. In the absence or disability of the Administrator, as provided in Section 8.1 of Article VIII of these Bylaws, the Secretary shall record accurate and timely minutes of the Board meetings. ARTICLE VII. EXECUTIVE COMMITTEE Section 7.1 Members. The Executive Committee shall be comprised of President, the Vice President's), the Treasurer, the Secretary, and the immediate Past President so long as the latter continues to serve on the Board of Directors. If the immediate Past President's term on the Board has ended, then such vacancy on the Executive Committee may be left vacant or filled by appointment of the President with the approval of the Board. Section 7.2 Duties. In the interim between meetings-of the Board, the Executive Committee shall conduct the non - policy business affairs of the BIA. ARTICLE VIII. ADMINISTRATION Section 8.1 Administrator. The Board of Directors may choose to employ an Administrator or Executive Secretary to assist with the routine business affairs of the BIA. The Administrator shall serve at the pleasure of the Board of Directors, subject to a contract agreement between the Administrator, the BIA and the City Council. The Administrator shall be selected through an application and screening process approved by the Board. Section 8.2 Duties of Administrator. The Administrator shall cause to be kept the records of the Association, including minutes of all meetings of the Board and shall give notices_ of meetings. The Administrator shall assist the President in the preparation of all agendas, reports, resolutions, letters or other documents and perform such other duties as are assigned by the President or Board of Directors. The Administrator, at the direction of the Board, shall act as liaison between the BIA and City staff and attend appropriate meetings such as those of the City Council, Planning Commission and Traffic Committee: The Administrator shall also prepare and distribute a regular newsletter to all BIA members and other interested persons, to provide information about BIA activities, to provide a forum for and to educate BIA members on matters of concern to them and the Association and to serve as the official communication from the Board of Directors. ARTICLE IX. FINANCES Section 9.1 Funding. Funding for the BIA shall be derived from an additional tax by each business annually of 100% of the business license taxes levied upon business by the City of San Luis Obispo; or. revenues provided by voluntary contributions from within the BIA boundaries. -L- Section 9.2 Budget. The BIA shall operate on a fiscal year basis ending on June 30th of each year. The budget for the fiscal year shall be approved by Board of Directors and presented to the City Council for its approval. All disbursements shall be executed through the City of San Luis Obispo. ARTICLE X. COMMITTEES Section 10.1 Standing Committees. In addition to the Executive Committee of the Board of Directors, the BIA shall have the following standing committees: (a) Parking (b) Beautification (c) Promotions (d) Budget (e) Nominations (f) Thursday Night Shopping Section 10.2 Appointments. Immediately upon taking office the President shall appoint or cause to be appointed, committee chairpersons, subject to approval by the Board of Directors; providing., however, that chairpersons for the Budget Committee and Nominations Committee need not be appointed before the March meeting and the December Board meeting, respectively. Section 10.3 Ad Hoc Committees. The President shall appoint special committees as may from time to time be needed, or as may otherwise be provided elsewhere in the Bylaws, or with the approval of the Board of Directors. Section 1.0.4 Limitations of Authority. No person or committee shall have the power to commit the BIA to any financial or policy obligations without prior approval from the Board. Section 10.5 Chairpersons. Committee chairpersons shall select the members of their committee upon the advise and consent of the President. It shall be.the responsibility of the appointed committee chairperson to prepare agendas and keep minutes of all duly called meetings, and to keep himself /herself apprised of the current, approved, operating budget and to operate within these areas on the matter of finances. Upon conclusion of the annual fiscal year or upon termination of the committee, whichever is sooner, a final report for that previous period of operation must be submitted to the President of the BIA. ARTICLE XI. AMENDMENTS Section 11.1 Amendments. These Bylaws may be amended by a two - thirds (2/3) vote of the Board members and with the consent of the City Council. Any proposed amendment must be submitted at least seven (7) days prior to a scheduled Board meeting. Such proposed amendment(s) must then be mailed to every Board member by the Secretary in time for consideration at the next regular Board meeting. -5- o � Section 11.2 Implementation. These Bylaws shall become effective upon approval of the City Council. Section 11.3 Order. All meetings and business affairs shall be conducted by Robert's Rules of Order, except as may otherwise be inconsistent with these Bylaws, in which case the Bylaws shall govern. DOWNTOWN BUSINESS IMPROVEMENT President ASSOCIATI0 Secretary M G t SECTION 6101. DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA (a) There is hereby created and established the Downtown Parking and Business Improvement Area. (b) The boundaries of said Area are generally shown on Exhibit "A" map attached hereto, and are more specifically described as follows: From Santa Rosa Street along Palm Street to Broad Street, Broad to Monterey, Monterey to Nipomo, Nipomo to San Luis Creek, San Luis Creek to a point where Beach Street would intersect, from this intersection point to Beach and Marsh, Marsh to Nipomo, Nipomo to Pacific, Pacific to Santa Rosa, Santa Rosa to Palm. The area shall include the businesses fronting on both sides of the boundary streets listed above, and at all four corners of the intersections of said boundary streets listed above, except that it shall not include the northwesterly corner of Monterey and Nipomo Streets. (c) Each and every business in the Downtown Parking and Business Improvement Area shall be subject to, and shall pay, a new, separate and additional tax to support the activities of the Area, except as otherwise provided in subsection (j). (d) The amount of additional tax to be paid by each business annually shall be one - hundred percent (100%) of the business license taxes levied upon said business by the City of San Luis Obispo. (e) The only uses for which the tax revenue from said Area shall be expended are: (3) The acquisition, construction or maintenance of parking facilities for the benefit of the Area, provided that said facilities shall not impair the City's ability to produce revenues for the payment of Parking District No. 1 obligations. (2) Decoration of any public place in the Area. (3) Promotion of public events which are to take place on or in public places in the Area. (4) Furnishing of approved music in any public place in the Area. (5) The general promotion of retail trade activities in the Area. (f) The collection of the additional tax imposed herein shall be made at the same time in the same manner as any other City business license tax; provided, however, that the tax imposed herein for the Q • remaining portion of the 1975 -76 fiscal year shall be due and payable in full within fifteen (15) days after the City mails notice of the amount of tax to be paid for said fiscal year. (g) This Council finds and determines that parking and other deficiencies are so general in the downtown section of the City, and that the size of the new Area is so small, that each business in the Area will benefit from expenditures for parking facilities substantially in proportion to the amount of additional taxes levied upon all businesses. (Streets & Highways Code #36062.) (h) An Advisory Board of eleven (11) representatives from among those who have businesses in the Area and who are subject to the tax shall be appointed by the City Council in accordance with standard City procedures to advise and recommend to the Council the methods and ways in which the revenues derived from the additional tax shall be expended. Each Board member shall serve for a period of. two (2) years, provided that five (5) of the first members appointed shall be appointed to initial one -year terms, and provided further that any member may be removed and replaced by the Council at any time after hearing the recommendations and advice of the Advisory Board. A nominating committee of five (5) members will be appointed by the existing Downtown Association from the licensed businesses within the Improvement Area. This committee will prepare a list of twenty -two (22) nominees and hold a ballot within the Area, and therefrom submit the fifteen (15) nominees receiving the highest vote totals from which eleven (11) will be appointed to the Board by the Citv Council. The Board's first order of business shall be to establish by -laws for its operation, subject to approval of said by -laws by the City Council. (i) The Council shall have full authority to enter into annual aggreements with non - profit business promotional groups or organizations serving the Area which authorize said groups or organizations to expend Area revenues in accordance with City budgetary and.accounting procedures. (j) Any business, person, or institution in the Area which is exempt from the payment of the business license tax of the City by reason of the provisions of the United States or California State Constitutions is not to be taxed, but may be a voluntary contribution to the City to be expended only for authorized expenditures of the Area. (k) The additional tax imposed by this section shall become effective on December 1, 1975. (Ordinance No. 649 - 1975 Series.) EXHIBIT "A" Revised 1/77 Revised 7/78 follows: 0 • RESOLDTION NO. 6507 (1988 SERIFS) A RESOLD'CN OF THE COWCIL OF rHE CITY OF SAN LUIS OBISPO ADOPTING AND RATIFYING THE MUCRM= OF AGREEMEN'II BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBLSPO FIRE BATP Iam aum , ASSOCIATION FOR THE PERIOD OF JULY 11 1988 - JUNE 30, 1993. BE IT RESOLVED by the Council of the City of. San Luis Obispo as Section 1. The Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo Fire Battalion Chiefs' Association, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby adopted and ratified. Section 2. The Finance Director shall increase the Personnel Services appropriation accounts to reflect the negotiated ccnpensation charges. Section 3. The City Clerk shall furnish a copy of this resolution and copy of - - ma _• Memorandum of Agreement • O • e• by • Pbbert Neumann, President SIDFBCA; Ann Crossey, Personnel Director; William Statler, Finance Director. On motion of Councilman Settle , Seconded by Councilwoman Rappa , and on the following roll call vote: AYES: Counclmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted the 4th day of October 1988. Rhc;n7 4 Resolution No. 6507 ATTEST: 9��— �,( t /4---) - City erk Pam Voge ty ._ tive officer 0 (1988 Series) Mdyor Ron Dunin Personnel Director iLl f-6)f - , " 11, 1 2 3 4 5 611 71 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 lW4,— ):V5�:i�y • :e77a��Wa�i Y Y 1 SAN WIS OBISPO JULY 11 1988 - JUNE 301 1993 -7N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c � TABLE OF CONTENTS Article No. Title Page No. 1 PARTIES TO AGREEMENT .... ............................... 1 2. RECOGNITION ............. ............................... 2 3 EMPLOYEE RIGHTS ......... ............................... 3 4 MANAGEMENT RIGHTS ....... ............................... 4 5 ROLE ..... ............................... 5 6 RIIIDC,C7TIATIONS .......... ............................... 6 7 SALARY .................. ........................4...... 7 8 SALARY SURVEY AGENCIES .. ............................... 9 9 PAYDAY ................................................. 10 10 GENERAL PROVISIONS ...... ............................... 11 11 HEALTH CARE INSURANCE ... ............................... 12 12 RETIl2EE'S MEDICAL INSURANCE ............................ 13 13 RETIR124ENT ............... ............................... 14 14 U141FORr'I ALIOTWCE ....... ............................... 35 15 MANAGEMENT DEVELOPMENT PROGRAM ......................... 17 16 HOLIDAYS ................ ............................... 18 17 VACATION LEAVE .......... ............................... 20 18 AlIKENISTRATIVE LEAVE .... ............................... 23 19 SICK LEAVE .............. ............................... 24 20 BEREAVEMENT LEAVE ....... ............................... 25 21 HOURS ................... ............................... 26 22 HEALTH /FITNESS .......... ............................... 27 23 CpANCE PRpCE1xJRE ..... ............................... 28 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C, Article No. Title 24 FULL AGREEMENT ......... ............................... 25 SAVINGS CLAUSE ......... ............................... 26 OPENERS ................ ............................... 27 AUTHORIZED AGEN'T'S ...... ............................... 28 TERM OF AGREEMENT ...... ............................... APPENDIX "A" - CLASSIFICATION ......................... APPENDIX "B" - WORK SC EDUTE ILUJST ATION ............. APPENDIX "C" - MAPIDYEE RESPONSIBILITIES AND AF.NEF= APPENDIX "D" - SAIARY RANGE LISTING ................... Page No. 30 31 32 33 34 35 36 37 41 i U i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C • ARTICLE 1 PARTIES TO AGREII�T This Agreement is made and entered into this 4th day of October, 1988, by and between the City of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo Fire Battalion Chiefs' Association, hereinafter referred to as Association. . 1 1 ARTICLE 2 2 RECOGNITION 3 Pursuant to Govertment Code Section 3500 et seq and City Resolution No. 3405, 4 the City hereby recognizes the San Luis Obispo Fire Battalion Chiefs, 5 Association as the exclusive bargaining representative for purposes of 6 representing regular and probationary employees occupying the position 7 classifications of Fire Battalion Chief, Fire Battalion Chief/Training 8 Offices and Fire Marsha /Battalion Chief for the duration of this Agreement. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 0 9 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • ARTICLE 3 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 indivi&ally 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- 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • ARTICLE 4 NJANAGEMENT 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 government operat ions; determine the methods, means and personnel by which goverrment operations are to be conducted; dete=ct ne the content of the job classifications; take all necessary actions to carry out its mission in emergencies; and exercise omiplete control and discretion over its organization and the technology for performing its work. 4 0 0 i 1 2 3 4. 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 5 ROLE members of any recognized employee organization may, by a reasonable method, select not more than three employee members of such organization and one employee observer 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 meetings. 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 acconlance 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. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • t�:aui «r��ri If at the expiration of the term of this Agreement, either party wishes to make changes to this Agreement,. that party shall serve upon the other, its written request to negotiate, as well as its initial proposals for an amended Agreement. Such notice and proposals must be submitted to the other party between 15 April and 1 May. If notice is properly and timely given, negotiations shall commence no later that 15 May. C 0 9 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 7 SALARY MTIES_GOVERNING STEP INCREASES The following rules shall govern step increases for employees: 1. Each salary range consists of five steps (1 through 5). Steps 1 through 4 equal 95% of the next highest step, ccmiputed 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 the respective range by the %. 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 r8ma n M steps established in accordance with the above formula. 2. The time in step progression for employees with satisfactory performance will be as follows: 6 months at Step 1 6 months at Step 2 1 year at Step 3 1 year at Step 4 3. Employees who are eligible for advancement to step 4 or 5 after July 1, 1988, must receive a "Meets Performance Standards" or better on the overall rating on their most recent Performance Appraisal prior to or coincident with their being eligible for advancement by time in grade. 4. The department head shall be authorized to reevaluate employees who reach Step 5 in their pay range. An employee who is not performing up to 1 2 3 4 5 6 7 8 9, 101 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • i standard for the fifth step shall be notified in writing that the department head intends to reduce MID one step unless his job perfor+++ance improves significantly within a 60--day period. Unless the employee's job performance improves to an acceptable level by the end of 60 days, the pay reduction shall then become effective. The fifth step may be reinstated at any time upon recanwndation of the department head. If the department head deems it necessary to again remove the fifth step during the same fiscal year, he may make the change at any time with three business days' advanced written notice. 5. All incumbents in positions shall retain their current step status and salary review date for future changes. All salary increases shall occur on the first day of the. first pay period commencing in the specified month. SALARY SCHEDULE: 1 Effective July 1, 1988 the following exempt salary schedule (step 5) is established: (See Appendix D for full monthly and bi- weekly pay schedules.) BATPA M CHIEF BATMION CHIEF RATTAT,TON CHIEF DATE SUPPRESSION TRA=G OFFICER FIRE MARSHAL 7/1/88 $3,652 $3,652 $4,017 1/1/89 $3,761 $3,761 $4,138 7/1/89 $4,074 $4,074 $4,481 1/1/90 $4,155 $4,155 $4,571 7/1/90 $4,321 $4,321 $4,753 1/1/91 $4,451 $4,451 $4,896 7/1/91 $4,629 $4,629 $5,092. 1/1/92 $4,768 $4,768 $5,245 7/1/92 $4,959 $4,959 $5,455 1/1/93 $5,107 $51107 $5,618 8 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 V. ARTICIE 8 SALARY SURVEY AGENCIES For purposes of external comparisons the agencies to be used for review of = g3ensation shall be those agencies used for review in Management Ccmpensation. These currently include: Chico Davis Monterey City Napa Pleasanton Salinas, San Clemente Santa Cruz Santa Maria 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27I28 • ARTICLE 9 PAYDAY Paychecks will be disbursed on a biweekly schedule. Payday will be every Other MuIrSday. This disbursement schedule is predicated upon normal working conditions and is subject to adjustment for cause beyond the City's control. 10 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27I 28 • • ..J mot 0 PAYC3i= PRIOR TO VACATION: If an employee is taking vacation leave and wishes to receive his 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. MANAGUMM BEN=:. Employees filling these positions shall receive $25,000 term life insurance and long -term disability insurance, paid by the -city, for recognition of their management responsibilities. ovEe�n� All positions shall be considered exempt and not eligible for overtime payment or any min=l m, return to work minis m s or compensation time off except as noted under administrative leave or due to extraordinary circumstances specifically ordered by the Fire Chief. WOMUM CONDITIONS: An officer's place of residence shall be within a forty (40) minute driving radius from San Luis Obispo proper. EDUCATION INCENTIVE PAY - LONGEVITY PAY: All positions shall be considered Mid- Mangagement and not eligible for educational incentive pay, longevity pay, or other special pays. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 • ARTICLE 11 CARE nZUR ACE Effective December 1988, City agrees to contribute $300.00 per month for medical, dental, vision and life insurance for each regular, full -time employee covered by this Agreement. City shall pay to each full -time regular employee prior to December 22, an annual lump sum payment (subject to appropriate taxation) for the difference between $300.00 per month or the prorated share for less than full -time employees, and any lesser sum expended by the employee for medical, dental, vision and life Coverage for the period of January 1 tl� December 31. This shall be amended to conform with the P.E.R.S. Cafeteria Plan as needed if and when such plan becomes available. _ The Association shall actively participate in the Medical Plan Review Committee. Such committee shall review medical plans and may recommend plan benefit Changes. The Association shall accept any changes recommended by a majority of the participating Association. The City's contribution shall be increased to $325.00 December 1990 and to $350.00 effective December 1992. 12 • n LJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 •IU oft % @OV 121 Employees covered by this Agreement who meet all of the conditions set forth below, are eligible to participate in the group medical coverage provided by the City. Such coverage shall be at the group rate and shall be paid totally by the employee. The qualifying conditions are: (a) The employees must retire from City service, apply for and actually receive retirement benefits through the City's retirement system. (b) The employee must be at least 50 years of age. (c) The employee must have at least ten (10) years of service with the City. (d) The employee may have depentle+t coverage only for those dependents covered for the last year of employment with the City. (e) All employee and dependent coverage will cease upon the death of the employee or upon the employee reaching age 65. This benefit only applies to employees who retire during the term of this Agreement. This benefit shall continue beyond June 30, 1993, if, and only if, there is mutual agreement of the parties to continue such benefit. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 13 , Effective 1 JUy 1986, City agrees to provided PERS 2% at 50 for sworn personnel with four amendments, namely, Post Retirement Survivor Allowance, conversion of unused sick leave to additional retirement credit, the 1959 Survivor's Benefit, and one -year final compensation. All employees hired as sworn officers on or after 1 July 1986 shall have their final compensation for retirement purposes figured on their highest three (3) years. The City shall pay the employee's contribution to PERS. This amount is 9 %. 14 0 9 E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28' N ARTICLE 14 • LWIFM ALIOPMCE A. Each sworn employee shall be required to wear an approved uniform to promote the department's public image, except for the positions designated by the Fire Chief as only requiring occasional uniform usage. Each employee shall receive an annual allowance of $500 paid semi- wumally to be spent on the purchase and maintenance of department approved uniforms. Effective 1 July 1989 the allowance shall increase to $ 600. Said allowance shall be paid directly to each eligible employee on the first pay day in July and January. The Fire Chief or his designated representative shall cmxt t a uniform inspection at least once a year to ensure that each employee has the minimum number of uniforms and that all uniforms meet department standards regarding ng safety and appearance. Employees those uniforms do not meet standards may be subject to disciplinary action. This allowance shall not be paid for any employee who is off duty due to a job -- related injury at the start of any calendar six -month period. If the employee returns to work during that six -month period, his/her uniform allowance will be prorated. B. A uniform allowance cash advance will be given to new employees for purchase of their uniforms. If the employee severs employment with the City or is terminated within one (1) year, then cash advance shall be deducted from the employee's last paycheck. C. Where the agreement refers to uniform standards, it shall mean the following: The Fire Chief shall establish and maintain a set of standards for tie ire, care and wearing of employee uniforms. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E 0 Such standards shall be on file in the Fire Chief's office, in each fire station, and in the Personnel Director's office. i D. Employees will be responsible to purchase and maintain health/fitness clothes, including appropriate athletic footware as required by the Fire Chief. 16 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • AR'T'ICLE 15 rANAGEME r DEVELOP= PROGPM The City shall encourage the professional development of knowledge, abilities and skills desirable in managers and leaders and support reasonable expenses incurred which are normally considered professional obligations of persons in management positions within budget considerations. Written justification and receipts shall be reported to the Fire Chief for payment authorization. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • �.`y.,_MOW #A ; A. The following days of each year are designated as paid holidays: January 1 - New Year's Day Third Monday in February - Washington's Birthday 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 Two Floating (8 hour) Holidays (non -shift employees only) 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. B. Each employee on 24 hour shift duty shall earn 5.6 hours of holiday leave semi- monthly, in lieu of fixed holidays. Such employees shall receive payment at straight time hourly rate for 1/2 of their earned holiday leave (2.8 hours) each semi - monthly payroll period. 18 One -half (1/2) of the employee's annual holiday leave (67.2 hours) shall 1 be advanced to the employee effective 1 July of each year. Such holiday 2 leave may be taken off by the employee as provided in the departmental 3 operations manual. 4 5 Each calendar quarter, an employee has the option of receiving payment 6 for one -forth (1/4) of his/her advanced holiday leave. The combination 7 of holiday leave ;taken off and payment of advanced holiday time, may not 8 exceed 67.2 hours. 9 10 If an employee terminates for any reason, having taken off hours in 11 excess of his/her prorated share, the value of the overage will be 12 deduce from the employee's final paycheck. 13 14 C. Floating (8 hour) holidays for non -shift employees. The accrual dates 15 are 1 January and 1 July. If not used in the calendar year in which 16 earned, they are lost. It is the responsibility of the employee to make 17 the request for a floating holiday reasonably in advance of the requested 18 day off. 19 20 21 22 23 24 25 26 27 28 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • ARTICLE 17 14 VACATION LEAVE 1. Each i=mbent of a 40 -hour week line -item position shall accrue vacation leave with pay at the rate of 12 days per year of continuous service since the benefit date for the first five years, 15 days per year upon ccmpletion of five years, 18 days per year upon completion of ten years, and 20 days per year upon coppletion of twenty years. Employees scheduled for more than 40 hours a week shall receive the equivalent number of vacation days prorated to the number of regularly scheduled work hours. 2. A regular employee who leaves the City service shall receive payment for any unused vacation leave. 3. Department Heads shall be responsible for arranging a vacation schedule, first with the needs of the City as the determining factor and, second, insofar as possible, with the wishes of the employee. 4. 'There will be.no accrual of vacation leave to non =shift employees in excess of 200 hours or 25 _accrued days. Maxim= accrual of vacation leave for shift employees is 300 hours. It is the responsibility of the employee to manage vacation time below the maic;xmm, accrual limit through the use of scheduled vacation time only. 5. All scheduled vacation requests must be approved by the Fire Chief. Immediately following the November 1st to December 30th vacation request period, the Fire Chief will review and consider final approval of the scheduled vacation list. PEE L` 0 0 1 2' 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24' 25 26 27 28 • • 6. VACATION USE: A. Coordination of the Battalion Chief's first, second and third choice vacation selection will be carried out by the Fire Chief. Battalion Chiefs will make their written scheduled vacation requests during the November 1st to December 30th period and will coordinate the availability of one Battalion Chief between themselves. Battalion Chief scheduled vacation selections will not be based on shift employees vacations. The Fire Chief will consider and approve the request. B. Unscheduled vacations will be made in writing to the Fire Chief and will require the availability of one Chief officer and relief personnel which may include voluntary overtime. All unscheduled vacations must be approved by the Fire Chief. (Mandatory overtime is not allowed for unscheduled vacation.) C. If an employee's scheduled vacation is changed by direction of the department, such change shall-not cause an employee to lose vacation that may be accrued above the 200 /300 hour maximum. In this case, the employee shall have the choice of using the vacation at another time or receiving payment for the changed vacation. D. If an employee must cancel vacation for good reason, as defined by management, the vacation above the 300 hour maxiniLm shall be paid as accrued. 7. Any employee who is on approved vacation leave and becomes eligible for sick leave as defined in Section 2.36.420A may have such time credited as sick leave under the following conditions. 21 1 2 3 4 5 6 7 8 9 10l 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • 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 ately ends and the employee reports to work following the end of sick leave usage. (ordinance No. 782 - 1978 Series) 22 0 9 0 1. 2 3 4 5 6 7 8 9, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AMCLE 18 ALfl MSTRA= LEAVE All members of unit are exempt frcm. paid overtime except as specifically authorized by the Fire Chief due to extraordinary circumstances. Extraordinary shall be defined as an actual emergency requiring a Battalion Chief to return for more than eight (8) hours. Does not include administrative meetings and etc. In general, managerial employees are expected to work the hours necessary to successfully carry out their duties and frequently must return to work or attend meetings and events outside their normal working hours. In recognition of these requirements and the 24 -hour staffing requirements of Fire Departments, all members of this unit shall be afforded flexibility in managing their work load and time and are eligible to take a maxim,m, of 64 hours per calendar year of. Administrative :Leave. Such leave may be taken at any time during the year, however, in cases where a person is not actively employed in an exempt position with the.city during the full year such leave shall be prorated or if the yearly amount earned is changed during the year the amounts shall be prorated. For purposes of computing monthly the rate of 5.33 hours per month may be used. There shall be no carryover of such leave frcmt year to year or any payoff for unused leave except that during the month of December in 1990,1991, and 1992 employees may request up to 40 hours of unused administrative leave to be paid, in cash provided that total. taken and paid does not exceed 64 hours during the calendar year. City shall pay off all accrued, but not used, compensation leave occurred to September 1, 1988 at the June 1988 hourly rate. 23 1( 1] 119 l' 4 14 jr if ii 1E 1C 2( 2] 2e 2z' 24 2° 2( 2i 28 0 • ARTICLE 19 SICK LEAVE Sick leave is governed by Section 2.36.420 of the Ndmicipal Code. (See Appendix C attached) 1. 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- 50% Such payment shall be made within seventy -two hours of notice to the City of an employee's death. (b) Retirement and actual comvncelment of PERS benefits: (1) After ten years of continuous employment - 10% (2) After twenty years of continuous employment - 15% (c) Job - related disability retirement and actual cmmnencement of PERS benefits - 75% with a maximum of 1000 hours payoff (75% of 1333.3 2. An employee may take up to three days per year of sick leave or the shift equivalent for shift employees (33.6 hours) if required to be away from the job to personally care for a member of his/her imiediate family. A member of the employee's immediate family, shall mean spouse, child, brother, sister, parent, parent -in -law, step - parent, step- brother, step - sister, grandparent, or any other relative living in the same household. 24 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • 0 ARMCIE 20 BEREAVEMENT IEAVE At each employee's option, sick.leave may-be-us 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 from 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. 25 1 2 3 4 5 61 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOURS EVloyees assigned to a 24 hour shift schedule, shall work a shift schedule which, over a period of one year, shall average approximately fifty -six (56) hours per week. For purposes of illustration only, a copy of the shift schedule pattern is set forth in Appendix B. A work shift is defined as a work period of twenty -four (24) hours, ccamezicing at 0800 hours and contimiing until the next day, ending at 0800 hours (8 a.m. to the following 8 a.m.) Unscheduled time off, shift exchanges, vacation exchanges and early reliefs shall be approved by the Fire Chief and will require the availability of a chief officer and relief personnel of equal rank and or qualifications for the position. (Availability of a chief officer shall be defined as: immediately available to respond with two way radio oammmications to an emergency and arriving in the city limits within 15 minutes.) 26 0 1' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o � AKI'ICLE 22 HEALTH/FITNESS The City, the department and the Association are desirous of implementing measures to promote the well being of employees and reduce the incidents of preventable accidents, illnesses, and disabilities and shall work cooperatively to encourage and develop appropriate programs to enhance physical fitness and health of all fire department employees. The Association recognizes that it is the policy of the City to hire non smokers in the Fire Departmesit. The Association further recognizes there is a fire department policy concerning smoking in departmental facilities and vehicles. The parties agree that smoking poses health risks to non- smokers as well as smokers. 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • ARTICLE 23 • A grievance is defined as an alleged violation, misinterpretation or misapplication. of the personnel rules and regulations or of any Memorandum of Agreement, excluding disciplinary matters, or other matters as fall within the scope of representation. Each grievance shall be handled in the following mariner: A. Zhe 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 employee may immediately submit the grievance in writing to the 28 9 0 1 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Director within seven (7) business clays of.receiving the department head's decision. The Personnel Director shall confer with the employee and the department head and any otherr interested parties, and shall conduct such other investigations as may be advisable. D. The results or 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 shall be in writing and given to the employee within twenty (20) business days of receiving the Personnel Director's results and findings. Such decision shall be final unless employee desires the Personnel Board to review the decision. If such is the case, the employee will have ten (10) business days following receipt of the City Administrative Officer's decision to submit a written. request to the Personnel Board through the Personnel 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 tYi (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. 29 1 2 3 4 5' 6' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • ARTICLE 24 ' FULL AGREEMENT It is understood this Agreement represents a complete and final understand g on all negotiable issues between the City and-the Association. This 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 or subject matter arises during the term of this Agreement and an action is proposed by the City, the Association will be afforded. notice and shall have the right to meet and confer upon request. 30 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 • ARTICLE 25 SAVINGS CLAUSE If any provisions of this Agreement should be held invalid by operation of law or by any coot of oompetent 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 ,mt„al y satisfactory replant 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. 3405 (1977 Series) or as may be amended. 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A=CLE 26 OPENERS If the CPI -U for the LA,/LB area published in May 1991 reflects an annual cost of living increase greater than 10% for the preceding 12 month period then the City and Association shall reopen negotiations on salary only to address this issue prior to the July 1991 salary increases being implemented. 32 0 L� 1 2 3 4 5 6 7 81 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C • • ' DID ---M For the purpose of administering the terms and provisions of the Agreement: A. The Association's principal authorized agent shall be the President (address: 748 Pismo Street, San Luis Obispo, California 93401; telephone: (805) 549 - 7380). B. Management's principal authorized agent shall be the Personnel Director or his/her duly authorized representative (address: P.O. Box 8100, San Luis Obispo, California 93403; telephone: (805) 549- 7252). 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 TERM OF AGREEMENT This Agreement shall become effective upon adoption of Council, 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, 1993. Szc.�vRFs 1. Classification covered by this Agreement and included within this unit are Fire Battalion Chief, Fire Battalion Chief/Tra;n,g Officer, and Fire Marshal/Battalion Chief. 2. This Agreement does riot apply to Temporary Employees or Part-time Employees. This Agreement was executed on September 22, 1988 by the following parties: CITY OF SAN LUIS OBISPO Arm Crossey, Personnel Director Toby ' Ross, Assistant C.A.O. Michael Dolder, Fire Chief 34 e -� v • a Nam • w • Robert Neumann, SIoFBCA Erwin Willis, SIOFBCA • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 RN APPENDIX A CLASSIFICATION CLASSIFICATION Fire Battalion Chief Fire Battalion Chief/Training Officer Fire Marshal /Battalion chief 35 0 CODE 725 726 730 SALARY RANGE 901 902 903 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 is APPENDIX B MRK scREDrtE MUSTR.TION For purposes of illustration only, the shift schedule pattern for employees working a fifty -six (56) hour work week consists of five (5) twenty -four (24) hour on -duty periods within a fifteen (15) day cycle which is worked in accordance with the following chart: X = 24 hour on -duty period 0 = 24-hour off -duty period SCHEDUM; XOXOXOXOXOOOOOO 36 • i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AP=IX C EMPLOYEE RESPONSIB'n TMc AND BINEFM - SICK LEAVE Sick leave is governed by Section 2.36.420 of the Municipal Code and reads as follows: 2.36.420 Employee responsibilities and benefits - Sick leave. A. Sick Leave Defined. "Sick leave" shall be defined as follows: 1. Absence from duty because of illness or off - the -job injury, or exposure to contagious diseases as evidence by certification from an accepted medical authority; 2. At each employee's option, absence 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, or any other relative living in the same household, provided such leave as defined in this subsection shall not exceed five working days from each incident. The employee may be required to submit proof of relative's death before being granted sick leave lay; 3. An employee whose memorandum of understanding incorporates a Provision for "family leave" may use sick leave not to exceed three days per year if required to be away from his/her job to personally care for a member of the employee's inme iate family as defined in this subsection. B. Rules Governing Sick Leave. 1. Each indent of a line -item position shall accrue sick leave with pay at the rate of twelve days or the shift equivalent per year of continuous service since the benefit date. 2. Sick leave may be used after the ccnpletion of the month of service 37 1 2 31 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in which it was earned. 3. Sick leave shall begin with the first day of illness. 4. Deparbnent 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 consecutive working days by personnel in his/her department. Such proof may be required for periods of less than five consecutive working days where there exists indication of abuse. 6. Any employee who is absent .because of sicRness or other physical disability shall notify his/her immediate supervisor or departnent 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 in accordance with procedures established by this chapter. 7. Any employee absent for an extended illness or other physical disability may be.required by the personnel 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 personnel director, may require any employee to be medically ex=dned 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 38 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C, • the public. Eaployees who are judged to be physically incapable of meeting normal requirements of their positions may be placed in a classification of work for which they are suitable when a vacancy exists, or may be separated for physical disability. 9. In the event that an employee's sick leave benefits become exhausted due to illness or exposure to contagious disease, the employee shall revert to a status of leave of absence without pay and be subject to the provisions of Section 2.36.460. 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, or any right of claim to sickness disability benefits after separation from the service of the city. Mien an employee receives c=pensation under the Worker's C,cmpensation Act of California, such ccupensation 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 cmVensaticn insurance coverage and the eligible employee's regular rate of pay. 11. Notwithstanding anything contained in this section, no employee shall be entitled to receive any payment or other campensation 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, or by reason of engaging in business or activity for monetary or other caTensation other than business or activity connected with his/her city 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • emloyment. 12. A public safety employee shall not receive sick leave payments w receiving worker's Campernsation payments. 13. Accumulation of sick leave days shall be unlimited. (prior code 2708.5) 40 • • 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c • JULY 1988 STEP 1 SALARY POSITION MONTHLY/ RANGE TITLE BIWEEKLY 901 BATTALION CHIEF 2974 SUPPRESSION 1373 902 BATTALION CHIEF 2974 TRAINING OFFICER 1373 STEP 2 MONTHLY/ BIWEEKLY 3128 1444 3128 1444 ..Dl .. . H7 � STEP 3 MONTHLY/ BIWEEKLY 3296 1521 3296 1521 STEP 4 STEP 5 MONTHLY/ MONTHLY/ BIWEEKLY BIWEEKLY 3468 3652 1601 1685 3468 3652 1601 1685 903 BATTALION CHIEF 3272 3443 3625 3816 4017 FIRE MARSHAL 1510 1589 1673 1761 1854 JANUARY 1989 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 SALARY POSITION MONTHLY / MONTHLY/ MONTHLY/ MONTHLY / MONTHLY/ RANGE TITLE BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY 901 BATTALION CHIEF 3064 3222 3395 3573 3761 SUPPRESSION 1414 1487 1567 1649 1736 902 BATTALION CHIEF 3064 3222 3395 3573 3761 TRAINING OFFICER 1414 1487 1567 1649 1736 903 BATTALION CHIEF 3370 3546 3734 3930 4138 FIRE7NARSHAL 1555 1637 1723 1814 1910 41 1 2 3 4 5 6 7 8 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281 i JULY 1989 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 SALARY POSITION MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY / MONTHLY/ RANGE TITLE BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY 901 BATTALION CHIEF 3318 3493 3677 3870 4074 SUPPRESSION 1532 1612 1697 1786 1880 902 BATTALION CHIEF 3318 3493 3677 3870 4074 TRAINING OFFICER 1532 1612 1697 1786 1880 903 BATTALION CHIEF 3650 3842 4044 4257 4481 FIRE MARSHAL 1685 1773 1867 1965 2068 JANUARY 1990 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 SALARY POSITION MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY/ RANGE TITLE BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY 901 BATTALION CHIEF 3384 3562 3750 3947 4155 SUPPRESSION 1562 1644 1731 1822 1918 902 BATTALION CHIEF 3384 3562 3750 3947 4155 TRAINING OFFICER 1562 1644 1731 1822 1918 903 BATTALION CHIEF 3723 3919 4125 4342 4571 FIRE MARSHAL 1718 1809 1904 2004 2110 42 s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 V JULY 1990 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 SALARY POSITION MONTHLY/ MONTHLY / MONTHLY/ MONTHLY/ MONTHLY/ RANGE TITLE BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY 901 BATTALION CHIEF 3519 3705 3900 4105 4321 SUPPRESSION 1624 1710 1800 1895 1994 902 BATTALION CHIEF 3519 3705 3900 4105 4321 TRAINING OFFICER 1624 1710 1800 1895 1994 903 BATTALION CHIEF 3871 4075 4290 4515 4753 FIRE MARSHAL 1787 1881 1980 2084 2194 JANUARY 1991 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 SALARY POSITION MONTHLY / MONTHLY / MONTHLY / MONTHLY/ MONTHLY/ RANGE TITLE BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY 901 BATTALION CHIEF 3625 3816 4017 4228 4451 SUPPRESSION 1673 1761 1854 1952 2054 902 BATTALION CHIEF 3625 3816 4017 4228 4451 TRAINING OFFICER 1673 1761 1854 1952 2054 903 BATTALION CHIEF 3988 4198 4419 4651 4896 FIRE MARSHAL 1841 1937 2039 2147 2260 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24. 25 26 27 28 i JULY 1991 STEP 1 SALARY POSITION MONTHLY/ RANGE TITLE BIWEEKLY 901 BATTALION CHIEF 3770 SUPPRESSION 1740 902 BATTALION CHIEF 3770 TRAINING OFFICER 1740 STEP 2 MONTHLY/ BIWEEKLY 3969 1832 3969 1832 STEP 3 MONTHLY/ BIWEEKLY 4178 1928 4178 1928 STEP 4 STEP 5 MONTHLY / MONTHLY/ BIWEEKLY BIWEEKLY 4398 4629 2030 2136 4398 4629 2030 2136 903 BATTALION CHIEF 4147 4366 4596 4837 5092 FIRE MARSHAL 1914 2015 2121 2233 2350 JANUARY 1992 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 SALARY POSITION MONTHLY / MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY/ RANGE TITLE BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY 901 BATTALION CHIEF 3884 4088 4303 4530 4768 SUPPRESSION 1792 1887 1986 2091 2201 902 BATTALION CHIEF 3884 4088 4303 4530 4768 TRAINING OFFICER 1792 1887 1986 2091 2201 903 BATTALION CHIEF 4272 4497 4734 4983 5245 FIRE.MARSHAL 1972 2076 2185 2300 2421 44 • • 1 2 3 4 5 6', 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 JULY 1992 STEP 1 SALARY POSITION MONTHLY/ RANGE TITLE BIWEEKLY 901 BATTALION CHIEF 4039 SUPPRESSION 1864 902 BATTALION CHIEF 4039 TRAINING OFFICER 1864 STEP 2 MONTHLY/ BIWEEKLY 4252 1962 4252 1962 STEP 3 MONTHLY/ BIWEEKLY 4475 2066 4475 2066 0 STEP 4 STEP 5 MONTHLY/ MONTHLY/ BIWEEKLY BIWEEKLY 4711 4959 2174 2289 4711 4959 2174 2289 903 BATTALION CHIEF 4443 4677 4923 5182 5455 FIRE MARSHAL 2051 2159 2272 2392 2518 JANUARY 1993 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 SALARY POSITION MONTHLY / MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY/ RANGE TITLE BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY 901 BATTALION CHIEF 4160 4379 4609 4852 5107 SUPPRESSION 1920 2021 2127 2239 2357 902 BATTALION CHIEF 4160 4379 4609 4852 .5107 TRAINING OFFICER 1920 2021 2127 2239 2357 903 BATTALION CHIEF 4576 4817 5070 5337 5618 FIRE MARSHAL 2112 2223 2340 2463 2593 45 RESOLUTION NO. 6506 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING REVISED HANDBOOK FOR ADVISORY BODIES AND RESCINDING RESOLUTION NO. 5825 (1985 Series) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain document attached hereto marked Exhibit "A" and incorporated herein by reference is hereby adopted as the handbook for advisory bodies and Resolution No. 5825 (1985 Series) is hereby rescinded. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the handbook for advisory bodies to all department heads employed by the City of San Luis Obispo and all members of advisory bodies. On motion of Councilman Settle , seconded by Councilwoman Rappa , and on the following roll call vote: AYES: Counclmembers.Settle, Rappa, Pinard; Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of October, , 1988. ATTE C4;eWj CITY ERK PAM VO Approved: e� City Administra 've Officer 7, City A orney �#fpiYOR RON DUNIN i Clerk R6'506 �t' ;l�f'•. < °: � r Y ^. _ 'I r'..i 'i r .its. .,J .i l: .!1 .... LIS ''. 1. ��r -_ .: '. �i71:. ?. tlt�r "•, ..,, i1�1;;i;!i.',1'L ;1j *,'., _.. .Ir!. .P. .i l 'i ". .r I r•.'_. .l'. .:iri 'I�.I i ti: 11�'i 1 .. C '1'r'�'i `i 1. ''�,.J..• �- '!: '.'ll�pa 1 "j :I1! 1.(ti'�'!'r'1 ,f "L• it 1i:'1. J(i !l: -SOU:' 'T'i(JC !i.'.,,. . i.'.i' .i �. r.. � .. �.1' .:� L... •)� i X1;74 � il.l..i '!.1, ;11J)+ .'..1!....t _I� _ _ _ v - / - :If ' +F ...i• }r; ,7: _;171' .,.i'..i .i i.�L .n J y!. _. ...!i� /01.. ,. i 0 V '.Ir 1 :tj! Piz >(d .: :'I t I . r'.. -I:i• 1. - . ".1 ti,i. —, t i RESOLUTION NO. 6505 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING COUNCIL GUIDELINES FOR MEETING SCHEDULE, AGENDA SUBMITTALS AND GENERAL PROCEDURES AND RESCINDING RESOLUTION NO. 5882 WHEREAS, State law requires that a City Council comply with certain requirements designed to provide reasonable and adequate public notice of its meetings: and WHEREAS, the establishment of procedural rules for the conduct of meetings of the City Council will promote and enhance a more efficient and effective means of conducting the public's business; and WHEREAS, the implementation of procedural rules regarding Council meetings will allow Councilmembers and the public an opportunity to speak freely and fully on all matters of public interest; NOW, THEREFORE, BE IT RESOLVED by the City Council that the.following procedures are hereby established for the conduct of Council Meetings. SECTION I. MEETING SCHEDULE A. REGULAR MEETINGS 1. Regular meetings shall be held the first and third Tuesday of each month beginning at 7:00 p.m. a. Meeting schedule may be altered only upon agreement of the majority of the City Council. b. Study Sessions may be held on the second and fourth Tuesday evening as the Council work load dictates. 2. Regular meetings shall be held in the Council Chambers. 3. Regular meetings shall be between the hours of 7:00 - 11:00 p.m. It shall be the policy of the City Council to complete meetings, including closed sessions, by 11:00 p.m. unless upon consensus, Council elects to continue past the adjournment hour. Following the mid - meeting break (around 9:00 p.m.) the Mayor with assistance from the C.A.O. will review the balance of the agenda with Council to discuss how it can be handled in the allowed time. If it is necessary to continue any items, it will be announced at that time. R6505 B. STUDY SESSIONS (Open to the public) 1. The purpose of these meetings shall be for informal discussions between staff, advisory bodies or consultants and the City Council regarding specific programs, projects or policies. 2. A Regular Study Session shall be held on the second Tuesday of each month from 12:10 p.m. to 2:00 p.m. Additional Study Sessions may be between the hours of 12:00 noon and 2:00 p.m.; 4:00 p.m. and 6:00 p.m.; 7:00 - 9:00 p.m. and on an as- needed basis and at times most advantageous for public participation. 3. The participation of the public shall be at the discretion of the Presiding Officer, upon consensus of the Council. C. SPECIAL MEETINGS (as defined by State law) 1. Special meetings may be called by the Mayor or three members of the City Council. (Ord. 677 - 1976 Series) 2. Written notice must be given to the City Council and to the media 24 hours prior to each meeting. 3. A supplemental telephone call shall be made if necessary to notify each Councilmember. 4. No business other than that announced shall be discussed. 5. Any special meeting held at a place other than City Hall shall be open to the public. Notice requirements of the Brown Act shall be complied with for any such meetings; regular minutes shall be taken by the City Clerk and shall be available for public inspection. D. CLOSED SESSIONS (closed to the public) 1. Closed Sessions are regulated pursuant to the Brown Act. 2. No member of the Council, employee of the City, or anyone else present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by a four - fifths vote of the Council. SECTION II. AGENDA A. Any Councilmember may submit an item for the agenda through the Mayor or the-City Administrative Officer. Staff will prepare a staff report on behalf of the Councilmember if formal Council action is required. Action in support of or opposition to legislation at another government level, or of a specific cause, shall be considered only if the subject issue directly affects or is within the purview or control of the City of San Luis Obispo. c r B. A member of the public may request, through a Councilmember or the staff, that a matter be placed on the agenda. If it is an appropriate item for the agenda, a staff report will be prepared and approved by the C.A.O. C. Emergency items may be placed on the agenda only in accordance with state law. Generally, only those matters affecting public health or safety may be considered emergency in nature. A 4/5 vote of Council is necessary to add an emergency item. D. Reconsideration of an item shall be allowed in accordance with Roberts' Rules of Order and established Council guidelines. Resubmittal of issues previously acted upon is discouraged except in emergencies. E. ORDER OF BUSINESS shall be as follows: 1. Call to Order 2. Pledge of Allegiance 3. Invocation 4. Roll Call 5. Consent Agenda 6. Presentations 7. Public Comment 8. Public Hearings 9. Mid - Agenda Break (approximately 9:00 p.m.) 10. Business Items 11. Communications F. CONSENT ITEMS - first items on agenda (items familiar to Council; routine; already have support; or items to be later set for public hearing). 1. Any item may be pulled by a Councilmember. 2. Public may request a Councilmember to pull an item. 3. Pulled items shall be heard at the close of the session unless majority of the Council deems otherwise. G. PUBLIC COMMENT Immediately prior to scheduled public hearings, members of the public may address the City Council on items that DO NOT appear on the printed agenda. A time limit of three minutes is provided. A speaker slip must be filed with the City Clerk prior to the beginning of the meeting. As a general rule, action will not be taken on issues not listed on the agenda. Staff will generally be asked to follow -up on such items. H. ORDINANCES 1. The consideration and adoption of ordinances shall be in accordance with the Charter and relevant state law. Ordinances not legally required to have a public hearing shall be set for a public hearing if the subject matter is controversial or of a special nature. Any Councilmember, prior to the time required for notice and publication, may request the C.A.O. to set a public hearing on an ordinance. 2. No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. I. COMMUNICATIONS 1. The purpose of this time is to allow staff or Council to provide an update or share information regarding a particular matter. Examples of appropriate communications would be information of general interest received from outside agencies, and comments or inquiries received from individuals or from the public. _. 2. If possible, written material connected with a particular communication item should be provided to the C.A.O. sufficiently in advance of the meeting to be distributed with the regular agenda materials. 3. State law provides that Council can take action only on such matters which have been noticed at least three days in advance of the meeting, unless special circumstances are found to exist. Formal action or approval is not preferred and such an item should be continued to the next regular meeting. 4. The communications period should not exceed fifteen minutes and speaking to a particular item should be limited to five minutes. SECTION III. MEETING PROCEDURES A. PRESIDING OFFICER 1. Duties: a. The Mayor is the Presiding Officer pursuant to City Charter Section 407 and acts as chairman at the meetings. b. In the absence or incapacity of the Mayor, the Vice -Mayor will act as Presiding Officer. 2. Seating arrangement of the Council a. The Mayor Pro - Tempore (Vice- Mayor) shall always be seated immediately next to the Mayor. • 0 b. The Mayor, with approval of individual Councilmembers shall establish other seating arrangements for regular Council meetings. 3. SIGNING OF CITY DOCUMENTS The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts and other documents which have been adopted by the City Council and require an official signature. In the event the Mayor is unavailable, the Mayor Pro - Tempore's (Vice- Mayor) signature may be used. B. DISCUSSION RULES 1. Getting the floor: a. A member of the City Council or staff shall first address the Presiding Officer and gain recognition. b. Comments to questions under debate should be limited and personality conflicts and discourteous language avoided. C. Cross - exchange between Councilmembers and public should be avoided. 2. Questions to .Staff: A Councilmember shall, after recognition by the Presiding Officer, address questions to the designated staff member. 3. Interruptions: a. A Councilmember, once recognized, shall not be interrupted while speaking except to make a point of order or personal privilege (Robert's Rules). b. If a Councilmember while speaking is called to order, the individual shall cease speaking until the question of order is determined (Robert's Rules). C. Members of staff, after being recognized by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer. 4. Limitation on Discussion: No Councilmember should speak more than once on a particular subject until every other Councilmember has had the opportunity to speak. Councilmembers are encourged to discuss items in the decision - making process. 5. Tabling Procedure: Immediately stop discussion and vote (Robert's Rules). o �► 6. Right of Protest: A Councilmember is never required to state reasons for dissent. 7. Rules of Order: Those rules in effect according to the City Council policy (State law and Robert's Rules). C. ADDRESSING THE CITY COUNCIL 1. Individuals shall: a. address the Council from the podium after giving name and city of residence; b. comment on the specific matter before the Council with reasons for the position taken. Written comments are encouraged and should be submitted before the public hearing is closed on that item; c. limit comment to three minutes until others have had opportunity to address the Council. The Presiding Officer, after all others have spoken, may allow additional brief comment from speakers who have already commented on the same agenda item. 2. Group or applicant representatives shall: a. address the Council from the podium after giving name of the group, its purpose if necessary, and the representative's name and city of residence; b. be permitted up to ten minutes to speak in either support or opposition to an agenda item. Prior written comments are welcome and encouraged. 3. After the public hearing is closed, no member of the public shall be permitted to address the Council or the staff from the audience, except at the discretion of the Presiding Officer. D. PROTOCOL 1. Councilmembers and staff shall: a. work earnestly to preserve appropriate order and decorum during all meetings. Side conversations, distruptions, interruptions or delaying efforts are discouraged; b. inform the Presiding Officer when departing a meeting. G 2. Persons demonstrating rude, boisterous, or profane behavior will be called to order by the Presiding Officer. If such conduct continues. the Presiding Officer may request the removal of the person(s) from the Council Chamber or take such other appropriate action as permitted in the Brown Act. 3. Only the City Council, staff, and those authorized by the Presiding Officer shall be permitted to sit at the Council or staff tables. 4. Enforcement of order: a. The Police Chief or his designee shall act as the Sergeant -at -Arms. b. Any Councilmember may request the Presiding Officer to enforce the rules of protocol. Upon motion and majority vote, the Presiding Officer shall be required to do so. E. VOTING PROCEDURES 1. All Councilmembers when present shall vote. Failure of a seated Councilmember to vote will be construed as an affirmative vote. 2. Three affirmative votes are necessary to decide an action. 3. Conflict of interest shall be declared whenever appropriate and in compliance with State law. 4. A vote may be changed by a Councilmember only immediately after the vote announcement by the Clerk and prior to the introduction of the next agenda item. 5. The Clerk shall restate the motion prior to the vote. 6. Consensus or voice vote shall be taken whenever possible in order to streamline meetings. 7. Following the vote the City Clerk shall announce whether the questions have been carried or defeated. 8. The Presiding Officer may publicly explain the effect of the vote for audience or may direct a member of the staff to do so. Resolution No. 6505 (198("eries) • On motion of Councilwoman Rappa , seconded by Mayor Dunin and on the following roll call vote: AYES: Councilmembers Rappa, Mayor Dunin, Pinard, Reiss and Settle NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 27th day of September, 1988. ATT a U CI CLERK PAMELA V OS Approved: Admini trative Officer Cit Attordky CI \y Clerk RON DUNIN Fl, Awwl,j,yl-� 9 • no RESOLUTION NO: 6504 (1988 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 POLICE OFFICERS' ASSOCIATION FOR THE PERIOD OF JULY 1, 1988 - JUNE 30, 1993 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 Police Officers' Association, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby adopted and ratified. Section 2. The Finance Director shall increase 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: Gary Nemeth, President SLOPOA; Ann Crossey, Personnel Director; William Statler, Finance Director. On motion of Councilman Settle , seconded by Councilwoman Rappa I and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted the 27th day of September 1988. R6504 i 0 Resolution No. 6504 Page 2 (1988 Series) 'Mayor Ron Dunin ATTEST: APPROVED: ity A inistrative officer Personnel Director a �� ,M- f�C-CL T, ��C /'� !/'r.��' !i...��E.s P.i✓(.e: :'Y� -�.•� ,,,N„�,,,"�,2�j Q� �"'..t.tiJ v , I • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF SAN LUIS OBISPO MEMORANDUM OF AGREEMENT SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION JULY 1, 1988 Through JUNE 30, 1993 i 0 EJ 1 2 3 4 5 6 7 8i 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 TABLE OF CONTENTS Article No. Title Page No. 1 PREAMBLE --------------------------------- - - - - -- 1 2 RECOGNITION ------------------------------ - - - - -- 2 3 CHECK /OF DUES DEDUCTION ------------------ - - - - -- 3 4 EMPLOYEE RIGHTS -------------------------- - - - - -- 4 5 MANAGEMENT RIGHTS ------------------------ - - - - -- 5 6 REPRESENTATIVE ROLE ---------------------- - - - - -- 6 7 SALARY ----------------------------------- - - - - -- 7 8 MASTER POLICE OFFICER PROGRAM ------------- - - - - -- 10 9 OVERTIME - SWORN ------------------------- - - - - -- 12 10 ROLL CALL BRIEFING ----------------------- - - - - -- 14 11 OVERTIME - NON -SWORN --------------------- - - - - -- 15 12 GUARANTEED MINIMUMS FOR RETURNING TO WORK - - - - -- 16 13 WORK OUT -OF -GRADE ------------------------ - - - - -- 18 14 STANDBY ----------------------------------- - - - - -- 19 15 EDUCATION INCENTIVE ---------------------- - - - - -- 20 16 UNIFORM ALLOWANCE ------------------------ - - - - -- 23 17 HEALTH CARE INSURANCE -------------------- - - - - -- 24 18 RETIREMENT ----------- -------------------- - -- - -- 26 19 RETIREE'S MEDICAL INSURANCE -------------- - - - - -- 27 20 HOLIDAYS ---------------------------------- - - - --- 28 21 VACATION ------------- -------------------- - - - - -- 30 22 SICK LEAVE -------------------------------- - - - - -- 31 23 BEREAVEMENT LEAVE ------------------------ - - - - -- 32 24 WORKERS' COMPENSATION LEAVE -------------- - - - - -- 33 25 GENERAL PROVISIONS ----------------------- - - - - -- 34 1 2' 3I 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a • Article No. Title Page No. 26 POLICY AND PROCEDURE COMMITTEE ----------- - - - - -- 35 27 WORKING CONDITIONS ----------------------- - - - - -- 36 28 DEFINITIONS ------------------------------ - - - - -- 37 29 GRIEVANCE PROCEDURE ---------------------- - - - - -- 38 30 LAYOFFS ---------------------------------- - - - - -- 41 31 WORK ACTIONS ----------------------------- - - - - -- 42 32 FULL AGREEMENT --------------------------- - - - - -- 44 33 SAVINGS CLAUSE --------------------------- - - - - -- 45 34 OPENERS ---------------------------------- - - - - -- 46 35 RENEGOTIATIONS --------------------------- - - - - -- 47 36 TERM OF AGREEMENT ------------------------ - - - - -- 48 APPENDIX A ------------------------------- - - - - -- 49 0 0 1 2 3 4 5 61 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • ARTICLE 1 PREAMBLE This Agreement is made and entered into this 27th day of September, 1988, by and between the City of San Luis Obispo, hereinafter referred to as City, and the San Luis Obispo Police Officers' Association. The purpose of this Agreement is to promote the improvement of personnel management and employer /employee relations, provide an equitable and peaceful procedure for the resolution of differences and establish.rates of pay and other terms and conditions of employment. The City and the Police Officers' Association agree that all employees of the City share in the important responsibility of providing superior service to the public and that every job and position is considered to be important. Nothing in this Agreement between the parties shall invalidate or be substituted for any provision in.City Resolution No. 3405 (1977 Series) unless so stipulated to by provision(s) contained herein and agreed to. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • ARTICLE 2 RECOGNITION Pursuant to Government Code Section 3500 et seq and City Resolution No. 3405 (1977 Series), the City hereby recognizes the San Luis Obispo Police Officers' Association as the bargaining representative for purposes of representing regular and probationary employees, occupying the position classifications set forth in Appendix A, in the Police Unit with respect to their compensation, hours and other terms and conditions of employment for the duration of the.Agreement. K 9 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ® • ARTICLE 3 CHECK OFF /DUES DEDUCTION The City shall deduct dues from City employees and remit said dues to the Association treasurer for the duration of this Agreement, which dues shall not include assessments. Dues deduction, additions, and /or deletions shall be recorded by the City's Finance Officer and a notification of all dues transactions shall be sent monthly to the Association President. The Association shall hold the City harmless from any and all claims, and will indemnify it against any unusual costs in implementing these provisions. Additional provisions can be found in Section 20 of Resolution No. 3405 (1977 Series). 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • ARTICLE 4 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. 4 0 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 0 ARTICLE 5' 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 government operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of the 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 for performing its work. �I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • ARTICLE - -6 REPRESENTATIVE ROLE Members of any recognized employee organization may, by a reasonable method, select not more than three employee members of such organization and one employee observer 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 meetings. 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. 6 Ll E 1 2 3 4 5 6 7' 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24. 25 26 27 28 ARTICLE 7 43PAW4 7.1 Rules Governing Step Increases The rules governing step increases for employees covered by this MOA are included in the current Salary Resolution with the following modification: The 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 significantly within a 60 -day period. Unless the employee's job performance improves to an acceptable level by the end of 60 days, 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 may make the change at any time with three business days' advanced written notice. 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 7 • i 1 Each across - the -board % salary increase shall raise step'5' 2 of range 9P by the %. Step 5 of each successive salary 3 range will be 2.6% above step 5 of the next lower range. 4 After all step 5's of salary ranges have been established, 5 each step 5 shall be rounded off to the nearest $1.0.0 and 6 the remaining steps established in accordance with the 7 above formula. 8 Employees who are eligible for advancement to step 4 or 5 9 after July 1, 1983, must receive a '-'Meets Performance 10 Standards" or better on the overall-rating on their most 11 recent Performance. Appraisal prior to or coincident with 12 their being eligible for advancement by time in grade. 13 7.2 Salary increases.._ for-term-of.-Agreement, 14 Salary increases will be paid on the first day of the firs - 15 full pay period in the month listed. SWORN PERSONNEL NON -SWORN PERSONNEL 16 17 1 July 1988 8% 6% 18 1 January 1988 - 6% 19 1 July 1989 5% 5% 20 1 January 1990 2% 2% 21 1 July 1990 4% 4% 22 1 January 1991 3% 3% 23 1 July 1991 4% 4% 24 1 January 1992 3% 3% 25 1 July 1992 4% 4% 26 1 January 1993 3% 3% 27 28 8 0 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7.3 Salary Range Listing - July 1988 Through June 1993 ------------------- ------------------------------- JULY 1988 W STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 SALARY POSITION MONTHLY/ MONTHLY / MONTHLY/ MONTHLY/ MONTHLY/ RANGE TITLE BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY 509 PARKING 1546 1626 1713 1803 1899 ENFORCEMENT 713 750 7,91 832- 877 OFFICER 509 FIELD SERVICE 1546 1626 1713 1803 1899 TECHNICIAN 713 750 791 832 877 512 COMMUNICATIONS 1674 1762 1856 1950 2056 TECHNICIAN I 773 813 856 900 949 513 CRIME 1716 1805 1902 2003 2106 PREVENTION 792 833 878 924 972 COORDINATOR 518 COMMUNICATIONS 1954 2058 2166 2281 2395 TECNICIAN 11 902 950 1000 1053 1106 524 EVIDENCE 2283 2402 2531 2664 2804 TECHNICIAN 1054 1109 1168 1230 1294 700 POLICE OFFICER 2106 2.218 2333 2457 2586 972 1024 1077 1134 1193 702 POLICE OFFICER 2218 2335 2459 2588 2724 FTO/DETECTIVE 1024 1078 1135 1194 1257 W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 •i • JANUARY 1989 .; STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 SALARY POSITION MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY/ RANGE TITLE BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY 509 PARKING 1638 1723 1817 1911 2014 ENFORCEMENT 756 795 838 882 930 OFFICER 509 FIELD SERVICE 1638 1723 1817 1911 2014 TECHNICIAN 756 795 838 882 930 512 COMMUNICATIONS 1775 1867 1966 2067 2180 TECHNICIAN I 819 862 907 954 1006 513 CRIME 1819 1913 2016 2122 2232 PREVENTION 840 883 931 979 1030 COORDINATOR 518 COMMUNICATIONS 2072 2182 2297 2418 2540 TECNICIAN 11 956 1007 1060 1116 1172 526 EVIDENCE 2421 2547 2683 2825 2972 TECHNICIAN 1117 1176 1238 1304 1372 700 POLICE OFFICER 2106 2218 2333 2457 2586 972 1024 1077 1134 1193 702 POLICE OFFICER 2218 2335 2459 2588 2724 FTO /DETECTIVE 1024 1078 1135 1194 1257 .; 1 2 3 4 51 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JULY 1989 -1 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 SALARY POSITION MONTHLY / MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY/ RANGE TITLE BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY 509 PARKING 1720 1809 1906 2007 2116 ENFORCEMENT 794 835 880 926 977 OFFICER 509 FIELD SERVICE 1720 1809 1906 2007 2116 TECHNICIAN 794 835 880 926 977 512 COMMUNICATIONS 1863 1961 2063 2170 2289 TECHNICIAN I 860 905 952 1002 1056 513 CRIME 1911 2009 2118 2227 2343 PREVENTION 882 927 978 1028 1082 COORDINATOR 518 COMMUNICATIONS 2175 2291 2412 2539 .2666 TECNICIAN II 1004 1057 1113 1172 1231 526 EVIDENCE 2541 2675 2816 2967 3121 TECHNICIAN 1173 1235 1300 1369 1441 700 POLICE OFFICER 2211 2330 2450 2580 2714 1021 1075 1131 1191 1253 702 POLICE OFFICER 2330 2452 2582 2716 2860 FTO/DETECTIVE 1075 1132 1192 1254 1320 -1 1 2 3 4 5 61' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • JANUARY 1990 9-c .STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 SALARY POSITION MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY / MONTHLY/ RANGE TITLE BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY 509 PARKING 1755 1845 1945 2046 2159 ENFORCEMENT 810 852 898 945 997 OFFICER 509 FIELD SERVICE 1755 1845 1945 2046 2159 TECHNICIAN 810 852 898 945 997 512 COMMUNICATIONS 1901 2000 2104 2214 2334 TECHNICIAN I 877 923 971 1022 1077 513 CRIME 1949 2049 2161 2272 2391 PREVENTION 900 946 998 1049 1104 COORDINATOR 518 COMMUNICATIONS 2219 2336 2460 2590 2721 TECNICIAN 11 1024 1078 . 1135 1195 1256 526 EVIDENCE 2592 2729 2873 3025 3185 TECHNICIAN 1196 1260 1326 1396 1470 700 POLICE OFFICER 2256 2376 2500 2632 2769 1041 1097 1154 1215 1278 702 POLICE OFFICER 2376 2502 2634 2771 2917 FTO/DETECTIVE 1097 1155 1216 1279 1346 9-c 9 9 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JULY 1990 9 -D _STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 SALARY POSITION MONTHLY/ MONTHLY / MONTHLY/ MONTHLY/ MONTHLY/ RANGE TITLE BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY 509 PARKING 1825 1920 2023 2129 2247 ENFORCEMENT 842 886 934 983 1037 OFFICER 509 FIELD SERVICE 1825 1920 2023 2129 2247 TECHNICIAN 842 886 934 983 1037 512 COMMUNICATIONS 1976 2080 2188 2303 2427 TECHNICIAN I 912 960 1010 1063 1120 513 CRIME 2028 2132 2249 2364 2488 PREVENTION 936 984 1038 1091 1148 COORDINATOR 518 COMMUNICATIONS 2307 2429 2558 2693 2830 TECNICIAN 11 1065 1121 1180 1243 1306 526 EVIDENCE. 2695 2839 2988 3146 3312 TECHNICIAN 1244 1310 1379 1452 1529 700 POLICE OFFICER 2346 2472 2600 2738 2880 1083 1141 1200 1264 1329 702 POLICE OFFICER 2472 2603 2740 2882 3033 FTO /DETECTIVE 1141 1201 1265 1330 1400 9 -D 1 2 3 4 5 6' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • JANUARY 1991 9-E STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 SALARY POSITION MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY/ RANGE TITLE BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY 509 PARKING 1879 1977 2084 2194 2314 ENFORCEMENT 867 913 962 1012 1068 OFFICER 509 FIELD SERVICE 1879 1977 2084 2194 2314 TECHNICIAN 867 913 962 1012 1068 512 COMMUNICATIONS 2035 2142 2254 2372 2499 TECHNICIAN I 939 989 1040 1095 1154 513 CRIME 2089 2196 2316 2435 2562 PREVENTION 964 1014 1069 1124 1182 COORDINATOR 518 COMMUNICATIONS 2377 2502 2633 2774 2915 TECNICIAN II 1097 1155 1215 1280 1345 526 EVIDENCE 2776 2923 3077 3240 3412. TECHNICIAN 1281 1349 1420 1496 1575 700 POLICE OFFICER 2417 2546 2678 2821 2966 3122 3286 1115 1175 1236 1302 1369 1441 1517 9-E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 O JULY 1991 • �m STEP 1 STEP 2, STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 SALARY POSITION MONTHLY / MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY / MONTHLY/ RANGE TITLE BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY 509 PARKING 1954 2057 2168 2280 2407 ENFORCEMENT 902 950 1000 1052 1111 OFFICER 509 FIELD SERVICE 1954 2057 2168 2280 2407 TECHNICIAN 902 950 1000 1052 1111 512 COMMUNICATIONS 2116 2229 2343 2467 2600 TECHNICIAN I 977 1029 1082 1139 1200 513 CRIME 2172 2285 2409 2533 2663 PREVENTION 1003 1055 1112 1169 1229 COORDINATOR 518 COMMUNICATIONS 2472 2603 2738 2884 3031 TECNICIAN 11 1141 1201 1264 1331 1399 526 EVIDENCE 2887 3040 3200 3371 3549 TECHNICIAN 1332 1403 1477 1556 1638 700 POLICE OFFICER 2512 2648 _ 2785 2934 3085 3247 3418 1160 1222 '- 1285 1354 1424 1499 1578 �m 1 2 3. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 • JANUARY 1992 9-G .STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 SALARY POSITION MONTHLY/ MONTHLY / MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY / MONTHLY/ RANGE TITLE BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY 509 PARKING 2013 2120 2232 2348 2479 ENFORCEMENT 929 979 1030 1084 1144 OFFICER 509 FIELD SERVICE' 2013 2120 2232 2348 2479 TECHNICIAN 929 979 1030 1084 1144 512 COMMUNICATIONS 2180 2296 2415 2542 2678 TECHNICIAN 1 1006 1060 1114 1173 1236 513 CRIME 2238 2354 2482 2609 2743 PREVENTION 1033 1087 1145 1204 1266 COORDINATOR 518 COMMUNICATIONS 2546 2680 2821 2970 3122 TECHICIAN II 1175 1237 1302 1371 1441 526 EVIDENCE 2973 3131 3296 3472 3655 TECHNICIAN 1372 1445 1521 1603 1687 700 POLICE OFFICER 2589 2727 2868 3022 3178 3345 3522 1195 1259 1324 1395 1467 1544 1625 9-G 0 0 0 1 2 3 4 5 6 7 8 9I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o • JULY 1992 9-H . STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 SALARY POSITION MONTHLY/ MONTHLY / MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY/ RANGE TITLE BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY 509 PARKING 2093 2206 2321 2443 2578 ENFORCEMENT 966 1018 1071 1127 1190 OFFICER 509 FIELD SERVICE 2093 2206 2321 2443 2578 TECHNICIAN 966 1018 1071 1127 1190 512 COMMUNICATIONS 2267 2389 2510 2643 2785 TECHNICIAN I 1046 1102 1159 1220 1285 513 CRIME 2328 2449 2580 2713 2853 PREVENTION 1074 1130 1191 1252 1317 COORDINATOR 518 COMMUNICATIONS 2648 2787 2934 3089 3247 TECNICIAN II 1222 1286 1354 1426 1499 526 EVIDENCE 3092 3256 3427 3612 3801 TECHNICIAN 1427 1503 1582 1667 1754 700 POLICE OFFICER 2693 2837 2983 3143 3306 3479 3662 1243 1309 1377 1451 1526 1606 1690 9-H . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 • JANUARY 1993 9-I STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 SALARY POSITION MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY/ RANGE TITLE BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY 509 PARKING 2156 2272 2390 2515 2656 ENFORCEMENT 995 1049 1103 1161 1226 OFFICER 509 FIELD SERVICE 2156 2272 2390 2515 2656 TECHNICIAN 995 1049 1103 1161 1226 512 COMMUNICATIONS 2334 2459 2587 2723 2868 TECHNICIAN I 1077 1135 1194 1257 1324 513 CRIME 2397 2522 2658 2794 2939 PREVENTION 1106 1164 1227 1290 1357 COORDINATOR 518 COMMUNICATIONS 2727 2870 3022 3182 3345 TECNICIAN II 1259 1325 1395 1469 1544 526 EVIDENCE 3185 3354 3530 3720 3914 TECHNICIAN 1470 1548 1629 1717 1807 700 POLICE OFFICER 2774 2921 3073 3238 3406 3584 3772 1280 1348 1418 1495 1572 1654 1741 9-I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 is 27 28 0 • ARTICLE 8 MASTER POLICE OFFICER PROGRAM 8.1 This program will be implemented January, 1, 1991 and at that time all assignment allowances including the education incentive program for sworn personnel will be cancelled. 8.2 The speciality assignments included in this program are: Field Training Officer Investigator (Detective Division) Traffic Officer (Traffic Division) Crime Scene Investigator 8.3 To be eligible for compensation under this program an employee must receive and maintain at least a "Meets Performance Standards" rating on their evaluation. 8.4 Compensation under this program shall in no case exceed two steps on the salary range. 8.5 Requirements: Master Police Officer I 1. Two full years at 5th step of the salary range. - 2. Must have obtained an Intermediate POST certificate. 3. Must have successfully completed two years in a speciality assignment. 4. Compensation: Police Officer 5th step times 5.26% (6th step). Master Police Officer II 1. Two full years at the Master Police Officer I level (or 4 years at 5th step at the time of implementation - January, 1991). 2. Must have obtained an Advanced POST certificate. 10 1 3. Must have successfully completed two years in a second 2 (separate) speciality assignment. 3 4. Compensation: Police Officer 5th step times 10.52% 4 (7th step). 5 5. Officers at this level will be permitted to wear an 6 insignia recognizing this status. The insignia will be 7 determined by the Chief with input from the 8 Association. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 O • ARTICLE 9 OVERTIME - SWORN 9.1 DEFINITION Overtime is defined as all hours worked in excess of 160 hours worked in the employee's 28 day work period. Vacation, holidays, sick leave, IOD, and compensatory time off, shall be considered hours worked when computing overtime. 9.2 ELIGIBILITY All sworn employees covered by this Agreement shall be eligible for overtime pay. The Police Chief has the authority to approve in writing overtime pay for exempt positions per submitted overtime slips by the concerned parties, based on the needs of the organization or exceptional circumstances. 9.3 COMPENSATION (a) Overtime hours 161 thru 165 worked in the employee's 28 day work period, shall be paid in cash at the employee's straight time base hourly rate, or compensatory time off on an hour for hour basis. (b) Overtime hours 166 thru 171 worked in the employee's 28 day work period, shall, at the employee's option, be compensated in cash at time and one -half the employee's regular rate of pay or in time off on an hour - for -hour basis. However, no employee shall accumulate and have current credit for more than forty (40) hours of compensatory time off. 12 1 2 3 4 5 6i 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • (c) Overtime earned in excess of the first eleven (11) hours of overtime earned in the employee's 28 day work period, shall be compensated in cash at one and one half (1 1/2) times the employee's regular rate of pay. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 V 19 2( 21 z 2z' 24 2° 2E 2j 2� lei 0 ARTICLE 10 ROLL CALL BRIEFING Employees who are required to attend roll call briefing and do, shall be paid for such attendance. Payment shall be considered overtime and paid as such if the hours fall within the definition of overtime. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • ARTICLE.11 OVERTIME - NON -SWORN 11.1 DEFINITION Overtime is defined as all hours worked in excess of forty (40) hours worked in a work week. Vacation, holidays, sick leave, IOD and compensatory time off, shall be considered hours worked when computing overtime. 11.2 ELIGIBILITY All non -sworn employees covered by this Agreement except for the Communications Technician II, shall be eligible for overtime pay. 11.3 COMPENSATION Overtime shall be compensated in cash at one and one half (1 1/2) times the employee's regular rate of pay. 15 0 i 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N ARTICLE 12 0 GUARANTEED MINIMUMS FOR RETURNING TO WORK Whenever an employee is required by the department to return to work outside of the employee's normal work hours, if a minimum applies as found in this article, then the employee has the choice of taking the minimum or taking the pay for the work_ actually performed, whichever is larger. 12.1 SCHEDULED RETURN TO WORK Court Time (a) Employees reporting for court duty shall be guaranteed two hours minimum payment at straight time when assigned to the second or third watch or three hours minimum at straight time when assigned to the first or fourth watch. (b) Two or more court cases occurring within the minimum time period shall be subject to a single minimum payment. Training Employees called back for training sessions authorized . by the Police Chief or Watch Commander shall be guaranteed two -hour minimum payment at straight time. Range Oualification (a) Sworn personnel shall be guaranteed two hours at straight time when participating in range qualification training when off duty. (b) Each sworn employee who shoots for qualification shall be provided 100 rounds of practice ammunition during that month. 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 • 12.2 NON - SCHEDULED RETURN TO_WORK Call Back Employees called back to work at other than their normally scheduled shift shall be guaranteed two -hour minimum payment at time- and- one -half. 17 r� 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 • ARTICLE 13 WORK OUT -OF -GRADE Employees temporarily assigned to work in a higher classification shall receive one step (5.26$) additional pay but in no case more than the top step for the higher classification under to following conditions: 1. The assignment exceeds ten consecutive work days, in which case the step increase becomes effective on the first work day. 2. The person being temporarily replaced is on extended sick or disability leave or the position is vacant and an examination is pending. 18 1 2 3 4. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 14 STANDBY 14.1 DEFINITION Standby is that circumstance which requires an employee assigned by the department to 1) be ready to respond immediately to a call for service, 2) be readily available at all hours by telephone or other agreed upon communication equipment, and 3) refrain from activities which might impair his /her assigned duties upon call. The parties agree that employees on standby, as defined above, are "waiting to be engaged." The parties further agree there is no intent to waive any individual rights under FLSA. 14.2 COMPENSATION Non - investigator (a) Sworn personnel placed on standby shall be compensated one hour's pay for each five (5) hours standby. (b) Such employees shall be paid a minimum of three (3) hours straight time when on standby. Investigator (a) Investigators placed on standby shall be compensated twelve dollars ($12.00) per day Monday through Friday, and sixteen dollars ($16.00) per day for other days of standby. (b) Standby shall be rotated among the assigned investigators. Normally, the standby assignment shall be for one (1) week. 19 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .ARTICLE 15 EDUCATION INCENTIVE The City agrees to establish an educational incentive pay plan. Incentive pay benefits will be available only to sworn personnel until January 1, 1991 at which time this plan is cancelled for sworn Personnel. The plan as described below will continue for non - sworn personnel. A. BASIC BENEFITS. Education incentive pay shall not begin until one year after employment with the City of San Luis Obispo, but credit will be given for approved education obtained prior to that time. The basic benefit for officers employed prior to July 1, 1981, will consist of one -half step above the base salary for possession of an A.A., or equivalent.degree from an accredited community or junior college, or 60 or more semester units, or a city - approved equivalent, towards a B.A. degree; and one full step for a B.A. or equivalent degree plus the P.O.S.T. Advance Certificate. Total incentive pay shall in no case exceed one step. B. JOB RELATED FIELDS. Degrees must.be either in directly job related fields or include at least 30 semester, or city- approved equivalent, units in the case of an A.A. or A.S. degree, and at least 60 semester, or city- approved equivalent, units in the case of a B.A. or equivalent degrees leading toward the appropriate degree with a grade of "C" or better. C. APPLICATION AND APPROVAL. Application for the incentive pay shall be made by the employee to the department head at 20 1 least 30 days before the date the payment of the incentive 2 pay is to be effective. Approval of the department head and 3 the Personnel Director shall be required. 4 D. UNSATISFACTORY PERFORMANCE. In the event an employee 5 receiving the incentive pay is not performing up to the 6 established standards set for the job, the department head 7 with the concurrence of the Administrative Officer may 8 suspend payment of the incentive pay or Step 5 of the salary 9 range, but not both, until such time as the employee's 10 Performance comes up to the standard level, in the opinion 11 of the department head and concurred in by the 12 Administrative Officer. 13 E. NON- APPLICABILITY. Educational incentives shall not be paid 14 for education received on City time. The education, 15 incentive will be removed if the employee is promoted to a, 16 Position which does not entitle employees to such incentives. 17 18 F. TUITION AND BOORS. If an employee holds a position which 19 does not qualify him for incentive pay, the employee will be 20 eligible to receive payment for 50% of tuition and books for 21 approved job - related courses upon satisfactory completion of 22 same with a grade of "C" or better. 23 G. NEW-EMPLOYEES. The basic benefit for officers hired on or 24 after July 1, 1981, shall be a five percent step increase 25 for a period of one fiscal year if during the previous 26 fiscal year the officer has successfully completed -- i.e., 27 grades of "C" or better in all courses -- a minimum of nine 28 semester units of college level classroom work, or 21 L.J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 z 23 24 2,1 2E 2j 2i a • City- approved equivalent, approved by the Chief of Police, provided that this benefit shall be payable only for classroom work done after completion of the probationary period. 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22' 23 24 25 26 27 28 • i ARTICLE 16 UNIFORM ALLOWANCE 16.1 Each employee required to wear a uniform shall receive . an annual uniform allowance as provided below and is expected to purchase and maintain in good repair all required uniform pieces. 16.2 The uniform allowance shall be: 1 July 1988 $600.00 1 July 1991 $700.00 This shall be issued to the employee each July in a lump sum payment on a separate check exclusive of any taxes or other withholding unless specifically required by federal or state law. If an employee is off duty for more than three (3) pay periods, the following July's allowance should be reduced by the appropriate prorated amount. 16.3 Sworn employees not required to wear a uniform shall receive an allowance of $300.00 annually in the same method as above. 23 1 2 3 4 5 6 7 8 9 10 11 12 13 i 14 15 16 17 18 19 20 21 22 23 24 25 26 is 27 28 C f HEALTH CARE INSURANCE 17.1 City agrees to provide a monthly contribution towards medical, dental, vision and life insurance for each regular full -time employee covered by this agreement as follows: July 1, 1988 - November 30, 1988 $284.13 December 1, 1988 - November 30, 1990 $300.00 December 1, 1990 - November 30, 1992 $325.00 December 1, 1988 - June 30, 1993 $350.00 17.2 Employees must cover self only and dependent coverage is optional. Employee shall pay any additional premium costs through pay roll deductions. The City shall not be held liable for benefit plan changes or cost changes initiated by a carrier. City agrees to insure that at least one group medical plan is offered to all employees. 17.3 City shall pay to each full -time regular employee in the month of December but prior to Christmas, an annual lump sum payment (subject to appropriate state and federal taxation) for the difference between the monthly City contribution provided for in 17.1 above or the prorated share for less than full -time employees and any lessor sum expended by the employee for medical, dental, vision and life insurance coverage for the period of January 1 through December 31. 17.4 The Association shall actively participate in the Medical Plan Review Committee. Such committee shall review 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • 9 medical plans and may recommend alternative medical plans including those offered by PERS. Should the Medical Review Committee recommend, during the course of this agreement, that a PERS medical plan be implemented asalary reduction plan shall be implemented and benefit funding shall be converted to salary. 25 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 18 RETIREMENT 18.1 The City agrees to provide the Public Employees' Retirement System's 2% at age 50 plan to all sworn personnel and 2% at age 60 for all non -sworn personnel. The 2% at age 50 plan includes four amendments, namely, Post Retirement Survivor Allowance, the 1959 Survivor's Benefit, age 50 voluntary retirement, and one -year final compensation (except all employees hired as sworn officers on or after 1 July 1987 shall have their final compensation for retirement purposes figured on their highest three (3) years) and conversion of unused sick leave credit to additional retirement credit. The 2% at 60 plan hac three amendments, 1959 Survivor's Benefit, one year final compensation, and conversion of unused sick leave to additional retirement credit. 18.2 In addition to the employer contribution paid by the City, the City will pay the employee's contribution to P.E.R.S. to a maximi:m of 9% for sworn personnel and 7% for non -sworn personnel. 26 1 ARTICLE 19 2 RETIREE'S MEDICAL INSURANCE 3 19.1 Employees covered.by this Agreement who meet all of the 4 conditions set forth below, are eligible to participate 5 in the group medical coverage provided by the City. 6 Such coverage shall be at the group rate and shall be 7 paid totally by the employee. The qualifying 8 conditions are: 9 (a) The employee must retire from City service., apply 10 for and actually receive retirement benefits through the City's retirement system. 11 12 (b) The employee must be at least 50 years of age. 13 (c) The employee must have at least ten (10) years of service with the City.. 14 15 (d) The employee may have dependent coverage only for those dependents covered for the last year of 16 employment with the City. 17 18 (e) All employee and dependent coverage will cease 19 upon the death of the employee or upon the 20 employee reaching age 65. 19.2 This benefit only applies to employees who retire 21 during the term of this Agreement. This benefit shall 22 continue beyond June 30, 1993, if, and only if, there 23 24 is mutual agreement of the parties to continue such benefit. 25 26 27 28 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 20 HOLIDAYS For all employees, holiday leave shall be accrued as earned each payroll period at a rate of 8 hours per month. The following days of each year are designated holidays for non -shift employees: January 1 - New Year's Day February 12 - Lincoln's Birthday Third Monday in February - Washington's Birthday Last Monday in May - Memorial Day July 4 - Independence Day First Monday in September - Labor Day September 9 - Admission Day Fourth Monday in October - Veteran's Day Fourth Thursday in November - Thanksgiving Day December 25 - Christmas Employee's Birthday One -half day before Christmas One -half day before New Year's - 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. - Except with the prior written approval of the Chief, non -shift personnel shall take the holidays as scheduled above. - If the department is unable to allow shift employees to take holiday leave, the Chief may approve payoff of holiday leave on a straight.time basis. The payoff may occur once 28 I quarterly. This payoff is subject to annual approval of the 2 Chief. 3 - Employees may accrue a maximum of holiday time not to exceed 4 their annual rate. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 CJ L� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 ARTICLE 21 VACATION 21.1 Vacation shall be accrued and used as provided in section 2.36.440 of the San Luis Obispo Municipal Code. "Each incumbent of a forty- hour -a -week line -item position shall accrue vacation leave with pay at the rate of twelve days per year of continuance service since the benefit date for the first five years, fifteen days per year upon completion of five years, eighteen days per year upon completion of ten years, and twenty days upon completion of twenty years. Employees scheduled for more than forty hours a week shall. receive the equivalent number of vacation days prorated to the number of regularly scheduled work. hours." 21.2 All employees may accrue a maximum of vacation time not to exceed twice their annual rate. rm 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • 0 ARTICLE 22 SICK LEAVE Sick leave is governed by Section 2.36.420 of the Municipal Code. An employee may take up to two days per year of sick leave if required to be away from the job to personally care for a member of his /her immediate family as defined in Section 2.36.420 of the San Luis Obispo Municipal Code. This may be extended to five days per year if the family member is part of the employee's household, and to seven days if a.household member is hospitalized and the employee submits written verification of such hospitalization. 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% 31 CJ U 1] 1` 1. 14 1° 1( 1j V V 2( 2] 2: 2% 24 2: 2( T 2F CI Cj ARTICLE 23 BEREAVEMENT LEAVE At each employee's option, absence 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 for each incident. The employee may be required to submit proof of relative's death before being granted sick leave pay. False information given concerning the death of relationship shall be cause for discharge. 32 1' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 • 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 base salary and the amount provided by workers' compensation law during the first 90 business days of such disability absence. 33 11 2 3' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 0 • ARTICLE 25 GENERAL PROVISIONS 24.1 Payday Paychecks 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. 24.2 Paychecks Prior to .Vacation If an employee is taking vacation leave and wishes to receive his 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. 24.3 Salary Survey Agencies For the purposes of external comparisons the agencies to be used for review of compensation shall be the same survey agencies as the City uses for other city employees. Parties agree that this survey shall be based on total compensation and shall only be one of the considerations used to determine compensation. 34 1, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 • ARTICLE 26 POLICY AND PROCEDURE COMMITTEE A committee including three (3) Association member(s), two (2) departmental management and the Personnel Director shall explore and reconcile overlapping and conflicting policies and make recommendations to the Police Chief. The Police Chief will consider any recommendations of the committee; however, the parties recognize and agree that the Police Chief has the authority to set policy. 35 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ® • ARTICLE 27 WORKING CONDITIONS Place of Residence An officer's place of residence shall be within a forty (40) minute driving radius from San Luis Obispo proper. 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • ARTICLE 28 9 For purposes of uniformity in the performance evaluation process, the following definitions, developed by the Performance Appraisal Committee in June 1983, are provided: UNACCEPTABLE Consistently fails to meet performance standards and objectives for position. Performance indicates serious lack of knowledge of basic skills or lack of application of skills. Requires immediate attention and.improvement. IMPROVEMENT NEEDED Performance is frequently less than expected of a competent employee for the position. Performance indicates some deficiency in basic skill, knowledge or application. Specific:. efforts to improve desired. MEETS PERFORMANCE STANDARDS Performance indicates competent and effective adherence to expected standards. Performance indicates fully acceptable demonstration of knowledge and skills. EXCEEDS PERFORMANCE STANDARDS Performance consistently above standards for position. Performance indicates superior knowledge and application of skills. OUTSTANDING Exceptional performance. Application of knowledge, skills and results are consistently well beyond the expected standard for position. 37 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C • ARTICLE 29 GRIEVANCE PROCEDURE A grievance is defined as an alleged violation, misinterpretation or misapplication of the personnel rules and regulations or of any Memorandum of Understanding; excluding disciplinary matters, or other matters as fall within the scope of representation. 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 immediately 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 occurrence of 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 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Personnel Director within five (5) business days of receiving.the department head's decision. The Personnel 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 or 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 shall be in writing and given the employee within fifteen (15) business days of receiving the Personnel Director's results and findings. Such decision shall be final unless employee desires the Personnel Board to review the decision. If such is the case, the employee will have five (5) business days following receipt of the City Administrative Officer's decision to submit a written request to the Personnel Board through the Personnel 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 39 9 0 1 2 3 4 5 6 7i 8' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 fifteen (15) business days of submittal. 40 1 2' 3, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 0 ARTICLE 30 LAYOFFS The parties agree that Rule 2.36.280 shall be revised to give employees who are laid off pursuant to Rule 2.36.280 reemployment rights that will require their rehire prior to the employment of individuals on an open or promotion list. The employee to be rehired, must, at the time of rehire, meet the minimum qualifications as stated in the appropriate class specifications. Employees will be rehired on the basis of last out, first in. 41 i 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 is is ARTICLE 31 WORK ACTIONS Participation by an employee in a strike or a concerted work stoppage is unlawful and shall terminate the employment relation. Provided however that nothing herein shall be so constru ed as to affect the right of any employee to abandon or to resign his employment. (a) Employee organizations shall not hinder, delay, interfere, or coerce employees of the City in their 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 or disciplinary actions, may by the 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. (c) Employee members of any employee organization 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 42 I efficiency. 2 Any decision made under the provisions of the Section may be 3 appealed to the City Council by filing a written Notice of 4 Appeal with the City Clerk, accompanied by a complete statement 5 setting forth all of the facts upon which the appeal is based. 6 Such.Notice of Appeal must be filed within ten (10) working days 7 after the affected employee organization first received notice 8 of the decision upon which the complaint is based, or it will be 9 considered closed and not subject to any other appeal. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 43 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C ARTICLE 32 FULL AGREEMENT It is understood this Agreement represents a complete and final understanding on all negotiable issues between the City and the Association. This 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 or subject matter arises during the term of this Agreement and an action is proposed by the City, the Association will be afforded notice and shall have the right to meet and confer upon request. 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 33 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. 3405 (1977 Series). 45 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 34 r9�:i2Pk,j *P 34.1 If the CPI -U for the Los Angeles /Long Beach area published in May, 1991 reflects an annual cost of living increase greater than ten (10 %) percent for the preceding twelve (12) month period, then the City and Association shall reopen negotiations on salary only to address this issue prior to the July, 1991 salary increase being implemented. 34.2 If during the term of this agreement, the employee's contribution to P.E.R.S. increases above the amounts specified in Article 18.2, the City and Association shall reopen negotiations on this issue. 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28' 0 0 ARTICLE 35 RENEGOTIATIONS If at the expiration of the term of this Agreement, either party wishes to make changes to this Agreement, that party shall serve upon the other, its written request to negotiate, as well as its initial proposals for an amended Agreement. Such notice and proposals must be submitted to the other party between 15 April and 1 May. If notice is properly and timely given, negotiations shall commence no later than 15 May. 47 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 26 27 28 O � ARTICLE 36 TERM OF AGREEMENT This Agreement shall become effective as of July 1, 1988 and shall continue in full force and effect until expiration at midnight, June 30, 1993, SIGNATURES 1. Classification covered by this Agreement and included within this unit are shown in Appendix "A ". 2. This Agreement does not apply to Temporary Employees or Part -time Employees. This Agreement was executed on September 12, 1988 by the following parties: CITY OF SAN LUIS OBISPO SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION a . a&, Steve Schinnerer, City Consultant Paul A. Bechely, PORAC Ann Crossey, Personas Director 'Gary Nemeth, President, SLOPOA Toby Ross, Asst. C.A.O. Frank Goodwin SLOPOA Gardiner, Chief of Police Tim Hedges, OA Darrell Klasey, LOPOAII 48 ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 9 APPENDIX. A CLASSIFICATION Non -Sworn Communications Technician I Communications Technician II Crime Prevention Coordinator Evidence Technician Field Service Technician Parking Enforcement Officer Police Cadet Sworn Police Officer 49 b RESOLUTION NO. 6503 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A NEW FIRE DEPARTMENT PARAMEDIC SERVICE POLICY AND APPROPRIATING $23,924 FROM THE GENERAL FUND. WHEREAS, the City Fire Department has been providing advanced life support service at the EMT -II level since 1982; and WHEREAS, The advanced life support service level has been increased to allow a paramedic level by the Board of Supervisors; and WHEREAS, the citizens of San Luis Obispo will significantly benefit from the increased emergency medical services; and WHEREAS, a dedicated city paramedic service level can be provided by the Fire Department at a reasonable cost; and WHEREAS, there are sufficient general funds available to appropriate the $23,924 cost increase; NOW, THEREFORE, the City Council resolves that it rescinds the Fire Department EMT -II program policy and establishes a new Fire Department EMT- Paramedic policy (Exhibit #1) and appropriates $23,924 from the General Fund. On motion of Councilman Settle seconded by Councilman ,.Reiss the following roll call vote: AYES: Councilmembers Settle, Reiss, Pinard, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 20th day of September, 1988. YOR RON DUNIN ATTEST: V Pam Vo ies, City C I& k R6503 5 a + Resolution No. 6503 (1988 Series) Page two APPROVED: ity Ad m nistrative Officer Fire Chief 6le : n RESOLUTION NO. 6502 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL FROM THE ARCHITECTURAL REVIEW COMMISSION (ARC 88 -87) WHEREAS, the Architectural Review Commission considered the application by Knecht's Plumbing for a new commercial building at 60 Zaca Lane, and continued the request with direction in accordance with the city's architectural review procedures and guidelines; and WHEREAS, the applicant has appealed the continuance to the council; and WHEREAS, the council has considered the testimony and statements of the applicant, the project plans, the record of the Architectural Review Commission's action, and the evaluation and recommendation of staff; NOW, THEREFORE, the council resolves to deny the appeal and refer the application to the Architectural Review Commission for further consideration. On motion of ..Council.man..$ettle.. , seconded by .Councilwoman..Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 20thday of September, 1.988. Mayor Ron Dunin ATT T: r ` V City Clerk Pam Vo s APPROVED: ...y ;Adinisirativee .I .................... Cit Officer City Atto ey .......................... I ............ Community Development Director R6502 rho RESOLUTION No. 6501 0 (1988 SERIES) 9 • • • •' 1 t•'i -4 • Y I M • • • • 1 H7•. 17!. • 1 Y :171 171 • • • M71LN • /• /• H3 1M • 71'.. • 1 171 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. The following open -range Management Personnel Schedule (Table "A11) for fiscal year 1988 -89 is authorized. MAMOMU SALARY Sl_FM= - FISCAL - YEAR 1988 -1989 G Management Positions Salary Rancre 1988/89 A Public Works Director 41664 - 51512 Camau i ty Develcpment Director Assistant CAD Fire Chief Police Chief B City Engineer 41134 - 41982 Utilities Director Finance Director C Personnel Director 3,604.- 41452 Recreation Director D Assistant City Attorney 31604 - 41240 E Assistant to the CAO 21544 - 31392 Section 5. ADD: Effective December 1, 1988, the City shall contribute $300.00 a month for medical, dental and vision and life coverage. Section 6. ADD: Total salary increases for all employees in groups A through E commencing July 1, 1988 shall not exceed 6% of current compensation for the group of positions, with specific increases for individual positions to be determined by the City Administrative Officer. R6501 Resolution No. 6501 (1988 Series) Page 2 Exhibit A, Section E. ADD: Effective July 11 .1988, the City Administrative Officer may authorize an increase of up to 3 days annual accrual of vacation leave during a management employee's first two years of employment. On motion Of Councilman Settle seconded by Councilwoman Rappa , and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 20th day of September, 1988. AI ES : Cit Clerk, Pamela oges a. Mayor Ron Dunin Resolution No. 6501 (1988 Series) Page 3 Persmmel Director c RESOLUTION NO. 6500 (1988 SERIFS) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING RESOLUTION NO. 6169 BY ADJUSTING THE SALARY RANGES, :SALARIES AND HEAM BENEFIT FUNDING OF CER= APPOINTED OFFICIALS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. The following open - range Appointed Officials Salary Schedule (Table "A") for fiscal year 1988 -89 is authorized. TABLE W APPOINTED OFFICIALS SALARY SCHEDULE - FISCAL YEAR 1988 -1989 G1rou� Appointed Official Positions Salary Range 1988/89 I City Administrative Officer 5,194 - 61572 II City Attorney 41664 - 51936 III City Clerk 31074 - 41240 Section 5. ADD: Effective December 1, 1988, the City shall contribute $300.00 a month for medical, dental and vision and life coverage. Section 6. ADD: Total salary increases for all employees in groups I through III commencing July 1, 1988 shall not exceed 6% of current c ompensation for the group of positions, with specific increases for individual positions to be determined by the City Council. R6500 r r Resolution No. 6500 Page 2 On motion Of Councilman Settle seconsded. by Councilwoman Rappa , and on the following roll call vote: (1988 Series) AYES: Councilmembers Settle, Rappa, Pinard, Reiss and,Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 20th day of September, 1988. Mayor Ron Damn AT EST: uv� City erk, Pamela V City Adanistrative Officer Y 4e- p A