HomeMy WebLinkAbout9822-9824_v
RESOLU'T'ION NO. 9824 (2006 Series)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE PIGGYBACK PROCUREMENT FOR VEHICLE REPLACEMENTS
TO COMPLY WITH EMISSION REQUIREMENTS FOR CALIFORNIA AIR
RESOURCES BOARD
WHEREAS, the City of San Luis Obispo (referred hereinafter as the City) operates SLO
Transit; and
WHEREAS, California Air Resources Board required transit operators to choose either
the clean diesel or alternative fuel path by January 1, 2003; and
WHEREAS, the City Council chose the clean diesel path on October 15, 2002; and
WHEREAS, the City has identified four buses that need to be replaced to comply with
the emission requirement of the California Air Resources Board by January 1, 2007; and
WHEREAS, the City has identified one trolley that needs to be replaced to comply with
the emission requirement of the California Air Resources Board by December 31, 2007; and
WHEREAS, the City has secured funding from the Federal Transit Administration and
Transportation Development Act to assist in the City's compliance of the emission requirements.
NOW THEREFORE, BE IT RESOLVED that the City Council of San Luis Obispo:
SECTION 1. Approves piggyback procurement to purchase transit vehicles to comply
with the California Air Resources Board (GARB) emission standards.
SECTION 2. Approves the vehicle replacement plan in Exhibit A.
SECTION 3. Authorizes the City Administrative Officer to negotiate and execute
cooperative purchase agreements to replace four city buses, and one trolley with the
spending authority not to exceed $1,620,471 dollars.
10PTY31
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Resolution No. 9824 (2006 Series)
Page 2
On motion of Vice Mayor Settle, seconded by Council Member Ewan, and on the
following roll call vote:
AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle, and Mayor
Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 15` day of August 2006.
e
Mayor David F. Romero
ATTEST:
. " L , 4'' �' -
Audrey H per
City Cler
APPROVED AS TO FORM:
Jon P. Lowell
City Attorney
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RESOLUTION NO. 9823 (2006 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF SAN LUIS OBISPO AND
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3523
FOR THE PERIOD OF JANUARY 1, 2006, THROUGH DECEMBER 31, 2009
BE IT RESOLVED, by the City 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 International Associations of Firefighters, Local 3523, attached hereto as Exhibit "A" and
incorporated herein by this reference, is hereby adopted and ratified.
SECTION 2. The Finance Director shall adjust the Personnel Services appropriation
accounts to reflect the negotiated compensation changes.
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Memorandum of Agreement to Erik Baskin, International Association of Firefighters,
Local 3523, and Monica Irons, Director of Human Resources.
Upon motion of Vice Mayor Settle, seconded by Council Member Ewan, and on the
following roll call vote:
AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 1st day of August 2006.
ATTEST:
, �7"
Audrey Ho er
City Cler
APPROVED AS TO FORM:
r
Jonathla . Lowell
City Attorney
� 4 94"
Mayor David F. Romero
R 9823
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MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
LOCAL 3523
JANUARY 1, 2006 - DECEMBER 31, 2009
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Article No.
Title
Page No.
1
Parties to Agreement .......................................... .............................
... 1
2
Recognition ........................................................ ...............................
2
3
Dues Deduction .................................................. ...............................
3
4
Employee Rights ................................................ ...............................
4
5
Management Rights ........................................... ...............................
5
6
Representative Role ........................................... ...............................
6
7
Communication Process ..................................... .:...............:.............
7
8
Promotional Opportunities ................................. ...............................
8
9
Utilization of City Facilities ............................... ...............................
9
10
Grievance Procedure .......................................... ...............................
10
1lSalary
................................................................. ...............................
12
12
Paramedic Incentive Pay_ .................................... .....................
........... 14
13
Station l Captain Incentive Pay .......................... ...............................
15
14
Bilingual Pay ....................................................... ...............................
16
15
Hazardous Materials Incentive Pay .................... ...............................
17
16
Training Captain ................................................. ...............................
18
17
Overtime ............................................................ ...............................
19
18
Emergency Call Back ........................................ ...............................
20
19
Work Out of Grade ............................................ ...............................
21
20
Standby ........................................ :.....................................................
22
21
Educational Incentive ......................................... ...............................
23
22
Uniform Allowance ........................................... ...............................
25
23
Insurance ............................................................ ...............................
26
24
Vacation Leave .................................................. ...............................
28
25
Leave Of Absence .............................................. ...............................
31
26
- Holidays .......................... .................................... ........ ...........................
32
27
Bereavement Leave ............................................ ....................:..........
34
28
Sick Leave .......................................................... ...............................
35
19
Family Leave ..................................................... ...............................
36
30
Workers' Compensation Leave .......................... ...............................
38
B
Article No.
Title
Page No.
31
Light Duty ..........................................................
............................... 39
32
Safety .................................................................
............................... 41
33
Retirement ..........................................................
............................... 42
34
Hours ..................................................................
............................... 43
35
Health/Fitness ....................................................
............................... 44
36
Salary Survey Cities ...........................................
............................... 45
37
Layoffs _ ..............................................................
............................... 46
38
Work Actions .....................................................
.......................:....... 50
39
Entry Level Firefighters .....................................
............................... 51
40
Department Assessment .....................................
............................... 52
41
Probationary Period ............................... ............
............................... 53
42
Residency Requirements ....................................
............................... 54
43
Staffing ...............................................................
............................... 55
44
Seniority Bidding for Station Assignment .........
............................... 56
45
Reopeners ...........................................................
............................... 59
46
Full Agreement ..................................................
............................... 60
47
Savings Clause ...................................................
............................... 61
48
Renegotiations ....................................................
............................... 62
49
Authorized Agents .............................................
............................... 63
50
Term of Agreement ............................................
............................... 64
Appendix "A" — Classification ........................... ............................... 65
Appendix "B" - Work Schedule Illustration ...... ............................... 66
Appendix "C" - Employee Responsibilities
& Benefits - Sick Leave ......... ............................... 67
Appendix "D" - Salary Range Listing ............... ............................... 70
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ARTICLE I
PARTIES TO AGREEMENT
This Agreement is made and entered into this August I, 2006 by and between the City of San
Luis Obispo, hereinafter referred to as the City, and the International Association of Firefighters,
Local 3523, hereinafter referred to as Union or Local 3523.
Nothing in this Agreement between the parties shall invalidate nor be substituted for any
provision in City Charter Section 1107, unless so stipulated to by provision(s) contained herein
and agreed to.
ARTICLE 2
RECOGNITION
Pursuant to Government Code Section 3500 et seq. and City Resolution No. 6620 (1989 Series),
the City hereby recognizes the International Association of Firefighters, Local 3523, as the
bargaining representative for purposes of representing regular and probationary employees,
occupying the position classifications set forth in Appendix A, in the Fire Unit with respect to
their compensation, hours and other terms and conditions of employment for the duration of this
Agreement.
2
ARTICLE 3
DUES DEDUCTION
The City shall deduct dues from City employees and remit said dues to the Union on a monthly
basis for the duration of this Agreement, which dues shall not include assessments.
Monthly 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 Union Treasurer.
The Union shall hold the City harmless from any and all claims, and will indemnify it against
such claims and any unusual costs.
The Union shall refund to the City any amount paid to the Union in error, upon presentation of
supporting evidence.
3
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
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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 governmental operations; determine the methods,
means and personnel by which government operations are to be conducted; determine the
content of job classifications; take all necessary actions to carry out its mission in emergencies;
and exercise complete control and discretion over its organization and the technology for
performing its work..
This provision is riot intended to, and does not restrict, the rights conferred upon the Union by
Government Code Section 3500, et seq. and/or City Charter Section 1107.
5
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 meeting.
Provided further 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 for good reason, the date of
meeting will be rescheduled to a mutually acceptable day.
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ARTICLE 7
COMMUNICATION PROCESS
Pursuant to City Resolution 6287 (1989 Series) the City agrees with the Union to improve
communications and provide for the following:
A. Monthly Conferences
There will be a monthly meeting between the department head and management
member(s) and a least two (2) union representatives to discuss problems or other subjects
of mutual interest. Minutes of the meeting will be maintained to reflect topics discussed,
actions to be taken, the party responsible for any action and the expected completion date.
B. Quarterly Meetings
Two to four representatives of the Union, the City Administrative Officer (or designee),
department head (or designee), and management representative(s) designated by the City
will meet quarterly if there are issues of concern to the parties. No issues will be brought
to this quarterly meeting without first having been discussed with the department head at
a scheduled monthly meeting:
ARTICLE 8
PROMOTIONAL OPPORTUNITIES
Announcements for promotional opportunities for members of the Union will list testing and
scoring processes that will be followed. Once defined, testing and scoring processes will not be
modified.
There will be no banding on promotional exams and, if a candidate is by- passed during the
selection process, that person will be given a written reason by the Fire Chief as to why s/he was
by- passed. The City agrees to an opener to discuss the promotional process if the Fire Chief
goes below the top three (3) candidates in making his selection on promotional exams two (2) or
more times during the term of this contract.
s
ARTICLE 9
UTILIZATION OF CITY FACILITIES
Local 3523 shall be allowed to use Fire Department facilities for official Union activities.
The Union will notify the Chief or his/her representative of any upcoming meetings. The
Union will follow any sign -up procedures for room availability the Department has in
place. Scheduling of the facilities usage would be conducted so as not to conflict or
interfere with normal operation of departmental business. In lieu of any conflicts in
availability or a denial by the Chief, it will be presumed that the Union will have the OK
of the Chief to use the facility. Activities would include, but would not be limited to:
General Membership meetings, Board of Directors meetings, Negotiation Team
meetings, and various special committee meetings.
2. Facilities would include, but would not be limited to: conference room, training room,
and second floor common areas.
3. Local 3523 understands that e-mail sent over the City network is public record. With this
acknowledgement, the City gives the Union the right to use the computers and the a -mail
system. This right may be revoked at any time or for any reason. This revocation must
be done in writing and must be delivered in person to a. San Luis Obispo Firefighters'
Board member.
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ARTICLE 10
GRIEVANCE PROCEDURE
A. A grievance is an alleged violation, misinterpretation or misapplication of the Employer -
Employee Resolution, the Personnel Rules and Regulations, any memorandum of
agreement with an employee association or any existing written policy or procedure
relating to wages, hours or other terms and conditions of employment excluding
disciplinary matters.
B. Any employee may file and process a grievance by providing the time, place and
circumstances of the action prompting the grievance. Employees may be accompanied
by a representative at each step of the process. If a specific action to be grieved affects
several employees, those employees may consolidate their grievance and be represented.
C. Each Grievance shall be handled in the following manner:
The employee who is dissatisfied with the response of the immediate supervisor
shall discuss the grievance with the supervisor's immediate superior. If the matter
can be resolved at that level to the satisfaction of the employee, the grievance
shall be considered terminated.
2. 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 business days
of the occurrence of the grievance. The department head shall promptly consider
the grievance and render a decision in writing within fifteen business days of
receiving the written grievance. If the employee accepts the department head's
decision, the grievance shall be considered terminated.
D. If the employee is dissatisfied with the department head's decision, the employee may
immediately submit the grievance in writing to the human resources director within five
business days of receiving the department head's decision. The Human Resources
Director shall confer with the employee and the department head and any other interested
parties, and shall conduct such other investigations as may be advisable.
E. The results or findings of such conferences and investigations shall be submitted to the
City Administrative Officer in writing within fifteen 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 fifteen business days of receiving the Human Resources Director's
results and findings. Such decision shall be final unless the employee desires a review of
the decision.
Of
F. If the employee desires a review of the decision the procedure is as follows:
Hearing Officer (for employees represented by SLOPOA or IAFF, Local 3523)
a. The employee will have five business days following receipt of the City
Administrative Officer's decision to submit a written request to the Human
Resources Director for review of the decision. The Human Resources
Director will obtain a list of five potential hearing officers from the State
Mediation and Conciliation Service. Then following a random
determination of which party (city or appellant) begins, parties shall
alternately strike one name from the list until only one remains.
b. Within 30 business days, the hearing officer shall review the record and
conduct a hearing on the matter. Within ten business days the hearing
officer shall render a decision which shall be final.
C. Any dispute regarding the eligibility of an issue for the grievance process
may be appealed through the process ultimately to the hearing officer who
shall decide on the eligibility prior to ruling on the merits.
d. Any fees or expenses of the hearing officer shall be payable one -half by
the city and one -half by the Union. All other expenses shall be borne by
the party incurring the expense.
I
ARTICLE 11
SALARY
Section A. Rules Governing Step Increases
J
The rules governing step increases for employees covered by this MOA are included in the
current Salary Resolution with the following modification: The Fire Chief shall be authorized to
reevaluate employees who reach the top step in their pay range. An employee who is not
performing up to standard for the top step shall be notified in writing that the department.head
intends to reduce him/her one step unless his/her 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 top step may be reinstated at
any time upon recommendation of the department head. If the Fire Chief deems it necessary to
again remove the top step during the same fiscal year, he /she may make the change at any time
with three business days written notice.
For the position of Firefighter, the salary range consists of six steps (1 through 6). Steps 2
through 5 equal 95% of the next highest step, computed to the nearest one dollar. Step 1 equals
90% of step 2.
Step 5
= 95% of Step 6
Step 4
= 95% of Step 5
Step 3
= 95% of Step 4
Step 2
= 95% of Step 3
Step 1
= 90% of Step 2
Each salary range for all other positions in the unit consists of five steps (1 through 5). Steps 1
through 4 equal 95% of the next highest step, computed to the nearest one dollar.
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 95% of Step 2
Each across - the -board percent salary increase shall raise the top step of the range by that percent.
The highest step of each successive salary range shall be 2.63% above the highest step of the
next lower range. After all highest steps of salary ranges have been established, each highest
step shall be rounded off to the nearest dollar and the remaining steps established in accordance
with the above formula. Employees who are eligible for advancement to the top two steps must
receive at least a "competent" rating on their most recent performance evaluation prior to or
coincident with their being eligible for advancement by time in grade. Competent is defined as
"Performance meets standards of a qualified employee."
Step progression for Firefighters will be subject to existing personnel standards, with the timing
for progression being one -year for each step.
12
Section B. Salary Provisions for Term of Agreement
The parties agree to salary increases as set forth below to be effective on the first day of the first
full payroll period in the month listed, for all employees in the Union employed by the City on
the date this agreement is formally approved by the City Council. Excepted from this
requirement are all employees honorably retired from the City between the expiration date of the
preceding contract (12/31/05) and the date this agreement is formally approved by the City
Council.
Local 3523 and the City agree that the above language (all the language in the paragraph above)
shall not exceed beyond July 1, 2009.
January, 2006
3.0%
July, 2006
2.0%
July, 2007
4.0%
July, 2008
5.0%
July, 2009
5.0 %
In addition to the increases listed above, the classifications of Fire Inspector I, Fire Inspector II,
Fire Inspector III and Hazardous Materials Coordinator shall receive the following equity salary
increases effective the first full pay period in the following months:
July, 2006 6.0%
July, 2008 6.0%
Section C. "Y " Rating
An employee who is not performing up to established job standards may be "Y" rated, freezing
his salary until such time as there is an improved job performance. The department head shall
give 60 days written notice to any employee he intends to "Y" rate, giving the employee an
opportunity to correct any deficiencies. A "Y" rating procedure shall not result (then or later) in
the employee being frozen below the next lower step of the new range.
Section D. 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.
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ARTICLE 12
PARAMEDIC INCENTIVE PAY
Section A. Paramedic Incentive
The City shall pay nine percent (9 %) of top step Firefighter base salary per month pay incentive
to those firefighters or other approved fire personnel assigned to EMT Paramedic duties by the
Fire Chief. Effective the first full pay period in July 2007, the Paramedic incentive shall be
increased to twelve percent (12 %) of top step Firefighter base salary.
Paramedics required to recertify shall be granted four (4) hours training time per month for six
(6) months prior to the recertification. Such hours shall be scheduled by the Department during
the normal working day.
The Paramedic incentive shall be considered the same as base pay when determining the starting
salary upon promotion to Captain.
Probationary Firefighters are not eligible to act as paramedics in the first six months of their
probationary period. After that point in their probationary period, they may be allowed to do so,
but only after a consultation with the Fire Chief or his/her designee, a Union Officer, and the
Paramedic Coordinator.
14
ARTICLE 13
STATION I CAPTAIN INCENTIVE PAY
Fire Captains regularly assigned to Station I shall receive a one hundred twenty -five dollars
(5125.00) per month pay incentive, to compensate for the additional Station 1 workload.
Mandatory assignments to Station I for Captains shall not exceed two consecutive years.
15
ARTICLE 14
BILINGUAL PAY
Employees certified as bilingual in Spanish through the testing process shall receive a bilingual
payment of $35 per pay period. Additional languages may be approved by the City based upon
demonstrated need.
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ARTICLE 15
HAZARDOUS MATERIALS INCENTIVE PAY
Safety employees certified as Hazardous Materials Specialists or Technicians and assigned to the
Haz Mat Team by the Fire Chief shall receive incentive pay equal to three percent (3 %) of the
top step Firefighter base salary. The Department will support a 6 person Haz Mat Team (2 per
shift). Hazardous Materials Technicians will be expected to certify as Hazardous Materials
Specialists within 12 months of joining the team in order to continue receiving the incentive pay.
Effective the first full pay period in July 2009 the Hazardous Materials incentive shall be
increased to four percent (4 %) of top step Firefighter base salary.
17
A. Selection
ARTICLE 16
TRAINING CAPTAIN
17
The Fire Chief has the ability to appoint a Training Captain from qualified individuals. If
more than one qualified individual expresses interest in the position, the Chief will convene
an internal interview board, which will include the President of the Local 3523 or designee,
to provide a recommendation. If no qualified individuals express interest in the position, the
Chief and the President of Local 3523 will meet and consult regarding the selection of a
Training Captain.
B. Term
Appointments will normally be no less than two years. At the end of two years voluntary
appointments made through the selection process may be ended in accordance with the
Department's normal bidding process. Involuntary appointments will not exceed three years.
C. Compensation
An employee assigned as a Training Captain will be paid the Captain's 40 hour rate plus 7%
of his/her base pay, including incentives in place at time of appointment. A Training Captain
working suppression will, however, be converted to the 56 hour rate.
D. Out of County Assignments
When utilized for an out -of County emergency response assignment, the Training Captain
will be compensated by the City on the basis of a forty -hour work rate unless the assignment
requires the Training Captain to be deployed as part of a special strike team for suppression
services, in which case the Training Captain will be compensated on the basis of a fifty -six
hour work rate.
18
ARTICLE 17
OVERTIME
Firefighters, Fire Engineers and Fire Captains assigned to 24 hour shift duty shall receive
overtime pay at time - and - one -half computed at their base salary for those hours worked
in excess of regularly scheduled shifts.
2. Firefighters, Fire Engineers and Fire Captains assigned to 24 -hour shift duty are assigned
to work (one hundred ninety -two (192) hours in a twenty -four (24) day pay cycle.
Employees in these classifications who work more than one hundred eighty -two (182)
hours during a pay cycle, shall be paid time and one -half (1 1/2) for all hours worked in
excess of one hundred eighty -two (182) hours worked in the twenty -four day pay cycle.
Paid time off shall be counted as time worked when calculating this overtime pay.
3. All other personnel shall receive overtime pay at time - and-one -half computed at their
base salary for all hours worked in excess of forty (40) hours per week including holiday,
sick leave and vacation unless they elect to receive compensatory time off at time and
one -half.
4. All overtime shall be authorized in writing by the Fire Chief prior to being compensated.
5. All overtime shall be paid to the nearest quarter hour worked where no minimum is
authorized.
6. Overtime Call Back: Overtime call back shall be as follows:
First Option — Rank for rank including a minimum of four paramedics
Second Option — Certified Acting Personnel
Third Option — Mandatory staffing that ensures adequate paramedic and officer coverage
Prior to a mandatory call back for paramedic coverage, Captains with paramedic
certification will be offered the opportunity to work as a Paramedic. Compensation will
be paid as out of grade pursuant to Section 19.3.
I
ARTICLE 18
EMERGENCY CALLBACK
0
Shift personnel who are unexpectedly called back to work after completing their shift and
having left the worksite shall be paid a 4 -hour minimum guarantee at time and one half.
2. Non -shift personnel shall receive a minimum of 4 hours at time and one -half for
emergency call back or time and one -half for hours actually worked, whichever is larger.
3. Employees who are called back as defined above shall receive the minimum provided by
this article or pay for the work performed, whichever is larger.
20
ARTICLE 19
WORK OUT OF GRADE
Employees temporarily assigned to work in a higher classification will receive one step
additional pay but in no case more than the top step for the higher classification under the
following conditions:
The assignment exceeds eight (8) consecutive work days, or four (4) consecutive shifts
for all shift employees; in which case the step increase becomes effective on the ninth
(9`h) work day or in the fifth (5`h) shift.
2. The person being temporarily replaced is on extended sick or disability leave or the
position is vacant and an examination is pending.
3. Employees not eligible for the step increase (under 10 days) shall receive compensation
on the following basis:
Hours Worked
0 -5 hours, 59 minutes
6 -11 hours, 59 minutes
12 -24 hours
Compensation Earned
0
1 hour, paid at ST
2 hours, paid at ST
Each calendar quarter, employees may elect to receive payment for previously accrued
CTO at straight time.
21
ARTICLE 20
STANDBY
A. Employees below the rank of Fire Marshal /Battalion Chief on standby shall be
compensated one hour's pay for each eight (8) hour incident with a minimum of two (2)
hours straight time pay for each assigned standby period..
B. Effective the first full pay period in January 2007 the Fire Vehicle Mechanic shall receive
thirty dollars ($30.00) for each week day and thirty -five dollars ($35.00) for each weekend
day and holiday for each mutually agreed -upon standby period.
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ARTICLE 21
EDUCATIONAL INCENTIVE
The City agrees to establish an educational incentive pay plan with the following provisions:
A. Basic Benefits.
Educational incentive pay shall not start for one year after employment with the City of
San Luis Obispo, but credit will be given for approved education obtained prior to that
time. Effective the first full pay period in January 2008 the basic benefit will consist of
$100 per month for possession of an A.A., or equivalent degree from an accredited
community or junior college; and $200 per month for a B.A. or equivalent degree from
an accredited four year college or university. Total incentive pay shall in no case exceed
$200 per month.
B. Job Related Fields.
Degrees must be in fields which are directly job related and if not, at least 30 semester
units leading toward the appropriate degree with a grade of "C" or better must be
included.
C. Application and Approval.
Application for the incentive pay shall be made by the employee to the department head
at least 30 days before the date the payment of the incentive pay is to be effective.
Approval of the department head and the human resources Director shall be required.
D. Unsatisfactory Performance.
In the event an employee receiving the incentive pay is not performing up to the
established standards set for the job, the department head with the concurrence of the
City Administrative Officer, may suspend payment of the incentive pay until such time as
the employee's work performance comes up to the standard level, in the opinion of the
department head and concurred. in by the City Administrative Officer.
E. Non - Applicability.
It is the City's intention not to pay the educational incentive for any degree which is
required for the position held by the employee. Educational incentives shall not be paid
for education received on City time. The education incentive shall be removed if the
employee is promoted to a position which does not entitle employee to such incentive..
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ARTICLE 22
UNIFORM ALLOWANCE
A. Each swom 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 usage. Such positions shall receive one -half of the regular allowance.
Each employee shall receive an annual allowance of $800 paid semi - annually to be spent
on the purchase and maintenance of department- approved uniforms. Said allowance shall
be paid directly to each eligible employee on the first full pay period of July and of
January. The Fire Chief or his/her designated representative shall conduct an 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 safety and appearance. Employees
whose uniforms do not meet standards may be subject to disciplinary action.
B. A uniform allowance cash advance of one (1) year 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, the cash advance shall be deducted from the employee's last
paycheck.
C. Effective July 1, 2006, the City will discontinue providing uniforms for non - safety
employees and they shall be eligible for the uniform allowance in Section A.
D. Where the agreement refers to uniform standards, it shall mean the following: The Fire
Chief shall establish and maintain a set of standards for the maintenance, care and wearing
of employee uniforms. Such standards shall be on file in the Fire Chiefs office, in each
fire station, and in the Human Resources Director's office.
E. Employees will be responsible to purchase and maintain health/fitness clothes, including
appropriate athletic footwear. Appropriate health/fitness clothing will be determined
through agreement between the Union and the Department.
F. Damaged Uniform Reimbursement
The City shall reimburse the cost in excess of ten ($10.00) dollars, for repairing or
replacing Department approved uniforms which are damaged within the course of
employment. No reimbursement shall be made if the damage was due to negligence
on the part of the employee. At the time of damage, the employee will submit a
report documenting where and how the uniform was damaged.
2. The Fire Chief shall determine the use and extent of wear of damaged items.
.Replacement amounts shall be prorated. The Department will establish
administrative regulations consistent with this section.
G. The City will bear any additional costs resulting from City mandated changes in required
uniform items during the term of this agreement.
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A. Contribution
ARTICLE 23
INSURANCE
O
The City shall contribute $764.00 per month for Cafeteria plan benefits for each regular,
full -time employee covered by this agreement. Less than full -time employees shall
receive a prorated share of the City's contribution.
Effective in December 2006 (for the January 2007 premium), in December 2007 (for the
January 2008 premium), in December 2008 (for the January 2009 premium), and in
December 2009 for the January 2010 premium) the City's total Cafeteria Plan
contribution shall be modified by an amount equal to one -half of the average percentage
change for family coverage in the PERS health plans available in San Luis Obispo
County. For example: if three plans were available and the year -to -year changes were
+10% +15% +20% respectively, the City's contribution would be increaser by 7.5%
(10% + 15% + 20% _ 3 = 15% x 1/2).
B. PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit program with the "unequal
contribution option" at the minimum contribution rate, currently $64.60 per month for -
active employees and $16.26 per month for retirees. The City's contribution toward
retirees shall be increased by five (5 %) percent per year of the City's contribution for the
active employees until such time as the contributions for employees and retirees are
equal. The City's contribution will come out of that amount the City currently contributes
to employees as part of the Cafeteria Plan provided to employees in their various MOA's.
The cost of the City's participation in PERS will not require the City to expend additional
funds toward health insurance beyond what is already provided for in the various
bargaining agreements. In summary, this cost and any increases will be borne by the
employees.
C. Health Insurance Coverage Optional Participation
Employees with proof of medical insurance elsewhere are not required to participate in
the PERS Health Benefit Program and may receive the unused portion of the City's
contribution (after dental and vision insurance is deducted) in cash in accordance with the
City's Cafeteria Plan. Those employees will also be assessed $16.00 per month to be
placed in the Retiree Health Insurance Account. This account will be used to fund the
City's contribution toward retiree premiums and the City's costs for the Public
Employees' Contingency Reserve Fund and the Administrative Costs. However, there is
no requirement that these funds be used exclusively for this purpose nor any guarantee
that they will be sufficient to fund retiree health costs, although they will be used for
negotiated employee benefits.
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D. Dental and Vision Insurance /Dependent Coverage
Employees will be required to participate in the City's dental and vision plans at the
employee only rate. Should they elect to cover dependents in the City's dental and vision
plans, they may do so, even if they do not have dependent coverage under PERS.
E. Long -Term Disability Insurance
Safety employees are covered for Long Term Disability Insurance through the Union's
plan. Effective April 1, 2006, all non- safety employees in this bargaining unit shall be
covered under the City's Long Term Disability Insurance Program. Non - safety
employees shall pay the LTD premiums by payroll deduction on a pre -tax basis through
the City's cafeteria plan.
F. Representation on a Medical Plan Review Committee
The Union shall actively participate in the Medical Plan Review Committee. Such
committee shall review medical plans and may recommend alternative medical plans,
including those offered by PERS.
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ARTICLE 24
VACATION LEAVE
Each incumbent of a 40 -hour a 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 completion of five years; 18 days per year upon
completion of ten years; and 20 days per year upon completion of twenty years.
Employees scheduled for more that 40 hours per week shall receive the equivalent
number of vacation days prorated to the number of regularly scheduled work hours
(respectively, 134.4 hours per year for the first five years; 168 hours per year upon
completion of five years, 201.6 hours per year upon completion of ten years and 224.6
hours per year upon completion of twenty years).
2. An incumbent is not eligible to use accrued vacation leave until after the completion of
the sixth calendar month of service since the benefit date.
3. An employee who leaves the City service shall receive payment for any unused vacation
leave.
4. 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.
5. There will be no accrual of vacation leave to non -shift employees in excess of two times
(2x) their annual accrual. Maximum accrual of vacation leave for shift employees is
twice the annual rate except as noted in Section 6, Paragraph E.
6. VACATION USE:
A. Vacation shall be selected by seniority' based on shift assignment for shift
employees and by seniority for non shift employees. The employee with the most
seniority shall select first, with the following choices made in descending order of
seniority.
B. First choice vacation shall be made during November/December each year. The
first choice shall be a minimum of four (4) shifts off within one (1) cycle.
C. Should an employee be in danger of losing vacation accrual due to reaching the
twice annual vacation cap, for reasons other than those found in Section 6 (G) and
(H), the Fire Chief will review the circumstances which have prevented the
employee from taking vacation and will determine whether or not the employee
should be allowed to accrue beyond the cap or should be authorized to exercise
his/her one -time annual opportunity for vacation payout under Section 6 (K) of
this article.
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Particular consideration will be given to those circumstances where vacation use
is denied because use would generate the need for mandatory overtime.
D. Employees have the right to have two (2) employees off on vacation per shift;
except on the Christmas, New Years and Thanksgiving holidays only one
employee shall have the right to be off on vacation. Additional vacation slots
may be made available if personnel are available to fill the shift without causing
mandatory overtime.
E. Employees have the right to unscheduled vacation as provided in the current
departmental Operations Manual (G.O. 204.01).
F. Time off by Battalion Chiefs is not included in the determination of the number of
employees on vacation per D above.
G. If an employee's first choice vacation is changed by direction of the department,
such change shall not cause an employee to lose vacation that may be accrued
above twice the annual rate maximum. In this case, the employee shall have the
choice of using the vacation at another time or receiving payment for the changed
vacation.
H. If an employee must cancel vacation for good reason, as defined by management,
the vacation above twice the annual rate shall be paid as accrued.
1. Employees may cancel scheduled vacation for any reason with a minimum of 15
days advance written notice to the Fire Chief or his/her designated representative.
Maximum vacation accruals will not be waived for vacation canceled pursuant to
this section.
J. Any cancelled scheduled vacations will continue to be available for reselection by
other employees.
Departmental General Operations 204.07 shall be modified as follows:
If approval is granted for vacation cancellation by the Fire Chief, the Battalion
Chief on the shift affected will direct the appropriate Captain to make notification
of the dates available to the platoon. Selection of available dates will be handled
as a second choice vacation pick, selection may consist of any or all days
remaining available. All selections made from the cancelled days will be
recognized as scheduled vacation. Filling the cancelled days will start with the
next person below on the seniority list (person below the person who is
canceling). Filling the cancelled days will continue until all the days have been
filled or all the personnel on that shift have been able to review and select the
remaining available vacation shifts.
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K. All employees in this unit are eligible, once annually in December, to request
payment for up to 150 hours of unused vacation leave provided that an
employee's attendance practices are satisfactory.
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ARTICLE 25
LEAVE OF. ABSENCE
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Leave without pay for up to one week per year may be granted by the Department Head. When
possible, such leave requests shall be in writing and approved in advance. All other leave of
absence requests shall be handled in accordance with Section 2708.9 of the Personnel Rules and
Regulations.
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ARTICLE 26
HOLIDAYS
A. The following days of each year are designated as paid holidays:
January 1 - New Year's Day
Third Monday in January - Martin Luther King Day
Third Monday in February - President's Day
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September Labor Day
November 11 - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
December 25 - Christmas
One -half day before Christmas
One -half day before New Year's
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 6.07 hours of holiday leave semi-
monthly, in lieu of fixed holidays.
Such employees shall receive payment at straight time hourly rate for a portion of their
earned holiday leave (2.6 hours) each bi- weekly payroll period.
The remainder of the employee's annual holiday leave (78 hours) shall be advanced to the
employee effective the first payroll period in January of each year. Such holiday leave
may be taken off by the employee as provided in the current departmental Operations
Manual (G.O. 204.03).
Each calendar quarter, an employee has the option of receiving payment for one -fourth
(1/4) of his/her advanced holiday leave. The combination of holiday leave taken off and
payment of advanced holiday time may not exceed 78 hours. Any holiday leave
remaining as of the last payroll period in December of each year will be paid to the
employee at the straight time rate.
If an employee terminates for any reason, having taken off hours in excess of his/her
prorated share, the value of the overage will be deducted from the employee's final
paycheck.
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C. Floating (S hour) holidays for non -shift employees shall be accrued on a semi - monthly
basis and added to the vacation accrual. Use, carry -over, accumulation, etc., of such
vacation shall be subject to the same rules and procedures that cover all accrued vacation.
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ARTICLE 27
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 /domestic partner, 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
or the shift equivalent (56 hrs.) from 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.
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ARTICLE 23
SICK LEAVE
i�
U
Sick leave is governed by Section 2.36.420 of the Municipal Code. (See Appendix C attached).
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:
(1) Death - 50% Such payment shall be made within seventy -two hours of notice to the City
of an employee's death.
(2) Retirement and actual commencement of PERS benefits:
(a) After ten years of continuous employment - 10%
(b) After twenty years of continuous employment - 15%
(3) Job - related disability retirement and actual commencement ofPERS benefits - 75% with
a maximum of 1000 hours payoff (75% of 1333.3 accrued hours.)
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ARTICLE 29
FAMILY LEAVE
An employee may take up to two (2) days, (16 hours) or 24 hours for shift employees, of
sick leave per year if required to be away from the job to personally care for a member of
his/her immediate family.
2. An employee may take up to five days (forty hours) or the shift equivalent for shift
employees (56 hours) of sick leave per year if the family member is a part of the
employee's household.
3. An employee may take up to seven (7) days (56 hours) of sick leave per year or the shift
equivalent (78.4 hours) if the family member is part of the employee's household and is
hospitalized. The employee shall submit written verification of such hospitalization.
4. The amounts shown in 1, 2, and 3 above are annual maximums, not maximums per
qualifying family member. 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.
5. If the family member is a child, parent, spouse or registered domestic partner, an
employee may use up to 48 hours (67.2 hours for shift employees) annually to attend to
the illness of the child, parent, spouse or registered domestic partner, instead of the
annual maximums in paragraphs 1. and 2. above, in accordance with Labor Code Section
233.
6. In conjunction with existing leave benefits, unit employees with one year of City service
who have worked at least 1280 hours in the last year may be eligible for up to 12 weeks
of Family /Medical Leave within any 12 month period. Family /Medical leave can be used
for:
a. A new child through birth adoption or foster care (maternal or paternal leave).
b. A seriously ill child, spouse or parent who requires hospitalization or continuing
treatment by aphysician.
C. Placement of an employee's child for adoption or foster care.
d. A serious health condition which makes the employee unable to perform the
functions of his or her position.
This leave shall be in addition to leave available to employees under the existing four
month Pregnancy Disability Leave provided by California law. Paid leave, if used for
family leave purposes or personal illness, will be subtracted from the 12 weeks allowed
by the Family/Medical Leave Program. Employees must use all available vacation,
compensatory time and administrative leave and, if appropriate, sick leave prior to
receiving unpaid Family /Medical Leave.
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Employees on Family /Medical Leave will continue to receive the City's contribution
toward the cost of health insurance premiums. However, employees who receive cash
back under the City's Flexible Benefit Plan will not receive that cash during the
Family /Medical Leave. Only City group health insurance premiums will be paid by the
City.
If an employee does not return to work following Family /Medical Leave, the City may
collect the amount paid for health insurance by the City during the leave. There are two
exceptions to this rule.
The continuation of a serious health condition of the employee or a covered
family member prevents the return.
2. Circumstances beyond the employee's control. Further details on Family /Medical
Leave are available through the City's "Guide to Family /Medical Leave Program ".
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ARTICLE 30
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.
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ARTICLE 31
LIGHT DUTY
A light -duty work assignment is generally administrative in nature and may require the
individual to sit at a desk, type, drive a vehicle, and engage in minimal walking. The employee
may receive work assignments in one or more of the Department's program areas:
Administration, Training, Hazard Prevention; Technical Services, Disaster Preparedness,
Emergency Response, or Communications. The schedule is typically 40 hours a week with the
employee working under the supervision of the Fire Chief or a Battalion Chief. There are two
methods for placing a person on light duty:
1) At the employee's request during a recovery period (minimum of two weeks) due to an
off -duty injury or illness.
2) At the request of the City because of a Worker's Compensation injury. Each is
dependent upon the availability of an appropriate work assignment.
Off -Duty Injury - An employee notifies the Fire Chief that s/he would like to be placed on a 40-
hour light duty administrative work assignment. The Fire Chief would then forward the attached
form letter to the employee's doctor. Once the doctor signs this letter (with any changes and/or
modifications) and it is returned, the employee is then available for light -duty. The Department
typically has a variety of tasks that a person might be assigned to work on. In accordance with
past practice, as long as a legitimate light -duty assignment is available (minimum of two weeks),
the Fire Chief will accommodate this request.
Worker's Compensation Injury - An employee is on Worker's Compensation injury leave and
the Fire Chief knows of a possible light -duty work assignment, The human resources
Department will be notified of such an assignment along with its description. A description of
this assignment will then be sent with a doctor's release letter to the City's Worker's
Compensation Insurance carrier. The carrier reviews the information and routes it to the
employee's Worker's compensation physician who will either sign the release letter or deny it.
All documents are then forwarded back to the human resources and Fire Departments. The
employee, if released, will then be available for light -duty. Employees on Worker's .
compensation certified by a doctor for light -duty may lose benefits if they refuse available light -
duty based on Worker's compensation law.
Once an employee is released to light -duty, a Personnel Action Form is initiated and all leave
balances (Holiday, Vacation, Sick Leave, etc.) are changed to reflect a 40 -hour work week. It
should be noted that any leave taken during this light -duty period is taken at the 40 -hour work
week accrual rate and no FLSA is given.
The employee would transfer to a light -duty assignment as soon as the employee has completed
his/her FLSA period (the FLSA period runs concurrent with the A shift's schedule).
To ensure all FLSA provisions are met, the hours previously worked in the pay period will be
0
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reviewed with the employee prior to setting up the work schedule. Once the employee has
received a doctor's release to return back to full -duty and it has been approved by the Fire Chief,
the employee will return to their appropriate shift on their next scheduled work day, assuming
this return schedule does not trigger overtime in excess of regular FLSA overtime. If excess
overtime would be triggered, the employee will return to work on the earliest date that will not
trigger excess overtime.
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ARTICLE 32
SAFETY
The Union and the City agree to address Departmental and citywide safety concerns through the
City's Safety Committee and the Communication Process outlined in Article 7.
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ARTICLE 33
RETIREMENT
A. The City agrees to provide the Public Employees' Retirement System's 3% at age 50 plan
to all sworn personnel and the 2.7% at age 55 plan to all non -sworn personnel. The 3% at
age 50 plan includes the following amendments: Post Retirement Survivor Allowance,
conversion of unused sick leave to additional retirement credit, the 1959 Survivor's
Benefit, one -year final compensation, Military Service Credit, and Pre - Retirement
Optional Settlement 2 Death Benefit. The 2.7% at 55 plan has the following
amendments: 1959 survivor's Benefit, conversion of unused sick leave to additional
retirement credit, one year final compensation, and Pre - Retirement Optional Settlement 2
Death Benefit.
(1) The City agrees to contribute up to 9% of safety members' obligation to
contribute to PERS.
(2) City agrees to contribute up to 8% of non - safety members' obligation to
contribute to PERS.
(3) The City agrees to report as salary all Employer -Paid Member Contributions for
full -time employees to PERS for the purposes of retirement credit in accordance
with Gov. Code Section 20636 (c).(4).
(4) The amount paid by the City is an employee contribution and is paid by the City
to partially satisfy the employee's obligation to contribute to PERS. An employee
has no option to receive the contributed amounts directly instead of having them
paid by the City to PERS on behalf of the employee.. The Union understands and
agrees that employees bear the risk of payment of any increases in the employee
contributions above the amount provided in this Agreement which may result by
action of PERS or the state legislature. Parties further agree that City payment of
PERS contributions is made based upon tax treatment currently permitted by the
State Franchise Tax Board and the IRS. Should current tax treatment change, the
Union and th e employees hold harmless the City, its officers and agents from any
and all claims or costs of any type, including but not limited to, liability for back
taxes, arising out of this Agreement to pay part of the employee's PERS
contribution. Should current tax treatment change, the Union shall have the
- opportunity to meet and confer regarding any such changes.
It is understood and agreed to by the parties that the City "pick up" of a portion of the
employee's PERS contribution is in lieu of wages. Therefore, in all comparisons made
with other agencies, a percent equal to the City "pick up" of the employee's PERS
contribution will be added to the total compensation provided by the City to the
employees.
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ARTICLE 34
HOURS
A. Employees 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.
The Department shall give no less than 15 days notice prior to changing a shift
assignment for non - emergency reasons.
A work shift is defined as a work period of twenty -four (24) hours, commencing at 0800
hours and continuing until the next day, ending at 0800 hours (8 a.m. to the following 8
a.m.)
Within each work shift the work day will be from 0800 to 1700 hours. The work day will
be divided as follows:
0800 - 1200 Captain's Priority
1200 - 1300 Lunch
1300 - 1700 Chief's Priority /Captain's Priority
The intent of Captain's Priority is to create a productive schedule providing latitude for
necessary classes, rewards and individual's priorities. Included in Captain's Priority is
vehicle and station maintenance, fitness training and Captain's projects 8 -12 daily.
Holidays and weekends are also Captain's Priority times.
B. Shift Exchange - The Fire Chief or his/her representative may authorize employees
covered by this Agreement to exchange shift assignments with other department
employees of equal rank or qualifications for the position. Anyone working more than 72
consecutive hours must contact the Battalion Chief for confirmation that reasonable rest
has been achieved.
C. Vacation Exchange — The Fire Chief or his/her representative may authorize employees
covered by this Agreement to exchange vacation leave with other department employees
of equal rank or qualifications for the position.
D. Early Relief - The Fire Chief or his/her representative may authorize employees covered
by this Agreement to relieve another department employee of equal rank or qualifications
for the position prior to the end of the scheduled shift.
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ARTICLE 35
HEALTH /FITNESS
The City, the Department and the Union are desirous of implementing measures to promote the
well being of employees and reduce the incidents of preventable accidents, illnesses, and
disabilities, and have, and shall continue to, work cooperatively to encourage and develop an
appropriate program to enhance physical fitness and health and to establish required physical
standards to be met by all employees.. The parties have agreed to implement the physical fitness
program outlined in the "Health and Fitness Maintenance Program" and dated January 1, 2003.
The Union recognizes that it is the policy of the City to hire non - smokers in the Fire Department.
The Union 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.
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ARTICLE 36
SALARY SURVEY CITIES
Cities to be used for review of salaries shall include:
Chico
Davis
Monterey
Napa
Petaluma
Pleasanton
Salinas
Santa Cruz
Santa Maria.
It is agreed that, during the negotiations to produce a successor Agreement, either party may
propose changes to the above list of cities. A revised, mutually agreed upon list, may be used
during the negotiations to produce a successor Agreement. In the absence of an agreement for
change, the issue shall be referred to the meet and confer process.
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ARTICLE 37
LAYOFFS
In accordance with Personnel Rule 2.36.280, the City Council of San Luis Obispo shall
determine when layoffs are to occur. The human resources Director shall be responsible for the
implementation of a layoff order of the City Council in accordance with the procedures outlined
below:
A. After determining a layoff is needed within the Union, the order of layoffs shall be as
follows:
Temporary and contract employees, in the order to be determined by the
appointing authority;
2. Probationary employees (promotional probation excluded), in the order to be
determined by the appointing authority;
3. For regular employees within the Union, layoffs shall be governed by seniority
and job performance. Seniority is established by time in service within the Union.
That is, the last employee hired into the bargaining unit shall be the first employee
laid -off. Job performance categories shall be defined as follows.
Category 1:
Performance that is unsatisfactory, below standard, needs improvement,
unacceptable or does not meet minimum standards.
Performance defined by this category is evidenced by an employee's two most
recent performance evaluations with an overall rating that falls within the lowest
two categories of the performance appraisal report.
Category 2:.
Performance that is competent, superior, meets expectations, meets performance
standards, exceeds performance standards and expectations, or is outstanding.
Performance defined by this category is evidenced by an employee's two most
recent performance evaluations with an overall rating that falls within the top two
to three performance categories of the performance appraisal.
A regular employee being laid off shall be that employee with the least seniority
in the Union and who is in the lowest job performance category. Employees in
Category 1 with the lowest seniority will be laid off first, followed by employees
in Category 2. Should the two performance evaluations contain overall ratings
that are in the two different categories as defined above, the third most recent
evaluation overall rating shall be used to determine which performance category
46
the City shall use in determining order of layoffs.
4. Transfer to another department in lieu of layoff is authorized, upon approval of
the department heads, if there is a vacancy and the employee meets the minimum
job requirements.
B. Laid -Off Employees on Re- employment List
The names of employees who have been laid -off shall be placed on the
appropriate Re- employment List. The recall of employees will be in reverse order
of layoff, depending upon City requirements.
2. Names of employees laid -off shall be placed on a re- employment list for a period
of two years. They will be offered re- employment only once before being
removed from the list for the job they held before being laid -off. Re- employment
lists shall be used for filling those classes requiring substantially the same
minimum qualifications, duties and responsibilities of the class from which the
layoff was made.
C. Appointment of Laid -Off Employees to Vacant Class
An appointing authority may, with the approval of the Department Head and the
human resources Director and in agreement with the employee, appoint an
employee who is to be laid -off to a vacancy in a vacant class for which he or she
is qualified. He /she will still remain on the re- employment list for the job from
which he /she was laid -off.
D. Employee Reassignments (bump back procedure) for IAFF Local 3523
Employees who have been promoted during their service with the City may bump
back in their career series to a position they formerly held, if there is an employee
in the lower classification with less seniority than the employee who wants to
bump back. Seniority for the purpose of this section shall mean time in service,
as a regular employee, within the Union. For example, an employee attempting to
bump back to Engineer from Captain would utilize his/her combined time within
the Union, firefighter, engineer or captain, in determining whether or not he /she
had more seniority than an individual in the Engineer classification. The intent is
to have the last person hired into the Union be the first person to be laid -off.
2. - Reassignment rights may be exercised only once in connection with any one
layoff, and shall be exercised within 20 calendar days from the date of the notice
of the layoff, by written notice from the employee.
3. The bumping right shall be considered exercised by the displacement of another
employee with lesser total seniority or by the acceptance of a vacant position in
the class with the same or lower salary.
47
4. Employees who are reassigned (bump back) are to be placed on an open re-
employment list for the position they have vacated.
5. Employees on layoff shall be offered re- employment in the inverse order of
layoff, provided no intervening factors have occurred which essentially change
the ability of the employee to perform the offered employment.
E. The City will notify recognized employee organizations of the effective date of any
reduction in force concurrent with the notice to the affected employee(s) pursuant to F,
below.
F. Notice of layoff to Employees
An employee to be laid -off shall be notified in writing of the impending action at
least thirty (30) calendar days in advance of the effective date of the layoff. The
notice shall include the following information.
a. Reason for layoff.
b. Effective date of layoff.
C. Employee rights as provided in these rules.
G. Removal of Names From Re- employment Lists
The human resources Director may remove an employee's name from a re-
employment list if any of the following occur:
a. The individual indicates that he /she will be unable to return
employment with the City during the life of the list; or
b. The individual cannot be reached after reasonable efforts have been made
to do so. The City shall utilize certified mail when contacting individuals;
or
C. The individual refuses one re- employment offer at his/her previous job.
Individuals shall have ten (10) days to respond to the offer of re-
employment and an additional thirty (30) days to return to work.
H. Employee Rights and Responsibilities
In addition to others identified herein, employees affected by these procedures
shall have the following rights:
a. Through prior arrangement with his/her immediate supervisor an
employee who has been notified of his/her impending layoff shall be
granted reasonable time off without loss of pay to participate in a pre -
scheduled interview or test for other employment.
b. An employee who has been laid -off shall be paid in full for his/her unused
48
O
accrued vacation leave and holiday leave on the effective date of the
layoff.
C. When an individual is reemployed he /she shall be entitled to:
(1) Retain his/her seniority date.
(2) Accrue vacation leave at the same rate at which it was accrued at
the time of the layoff.
(3) Have any unused sick leave reinstated.
(4) The same retirement package prior to layoff, assuming that the
employee has not withdrawn his/her PERS funds.. If an employee
has withdrawn funds, he /she will be reinstated to the retirement
package which is currently in effect for all newly hired employees
unless the employee notifies PERS within 90 days that he /she
wishes to redeposit the withdrawn funds.
2. An individual reemployed into the job from which he /she was laid off shall be
assigned to the same salary range and step he /she held at the time of the layoff.
An individual reemployed into a job classification other than the classification
from which he /she was laid off shall be assigned to the salary range of the new
classification at the amount closest to the salary he /she earned at the time of the
layoff.
3. When an individual has been reemployed after a layoff by bumping back to a
lower job classification prior to being laid -off, he /she will be placed on a re-
employment list for the higher job classification held prior to bumping back.
4. A probationary employee who is reemployed shall be responsible for completing
his/her probationary time commitment. Similarly, an individual who is
reemployed shall complete, upon return to the job, the same work time he /she
would have had to work at the time of the layoff to attain a higher vacation leave
accrual rate or to become eligible for a salary step increase.
5. The intent of the layoff policy is to have the last hired the first laid off.
49
ARTICLE 38
WORK ACTIONS
Participation by an employee in a strike or a concerted work stoppage shall be deemed to pose an
imminent threat to public health or safety and is unlawful, furthermore, it shall terminate the
employment relation. Provided however that nothing herein shall be so construed as to affect the
right of any employee to abandon or to resign his employment.
(a) Employee organizations shall not hinder, delay, interfere with, nor coerce employees of
the City to hinder, delay, or interfere with, the peaceful performance of City services by
strike, concerted work stoppage, cessation of work, slow -down, sit -down, stay -away, or
unlawful picketing.
(b) In the event that there occurs any strike, concerted work stoppage, or any other form of
interference with or limitation of the peaceful performance of City services prohibited by
this Article, the City, in addition to any other lawful remedies or disciplinary actions,
may, by action of the Municipal Employee Relations Officer cancel any or all payroll
deductions, prohibit the use of bulletin boards, prohibit the use of City facilities, and
withdraw recognition of the employee organization or organizations participating in such
actions.
(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 to perform such duties in the customary manner and at a reasonable level of
efficiency.
Any decision made under the provisions of this Section may be appealed to the City Council by
filing a written Notice of Appeal with the City Clerk, accompanied by a complete statement
setting forth all of the facts upon which the appeal is based. Such Notice of Appeal must be filed
within ten (10) working days after the affected employee organization first received notice of the
decision upon which the complaint is based, or it will be considered closed and not subject to any
other appeal.
50
i�
ARTICLE 39
ENTRY LEVEL FIREFIGHTERS
Testing for entry -level firefighters will occur every two years using the CPS test
or equivalent. A current eligibility list will be maintained and entry-level
firefighters will go through the approved department academy, as set forth in
General Operations 501.03.
2. Firefighter Apprentices will be allowed to apply for entry-level firefighter
positions outside the limitation on the number of applications to be accepted. For
a given recruitment, if the number of applications received by the City for entry -
level firefighter positions is to be limited, the limit will not be less than 100.
3. For new entry-level firefighters, the State Fire Marshal's Firefighter I certification
will be required. For new entry-level firefighter paramedics, a minimum of
Firefighter I Academy certification is required. All other employment standards
remain the same.
51
ARTICLE 40
DEPARTMENT ASSESSMENT
The City agrees to undertake an assessment of the Fire Department following the procedures
outlined by the International Commission on Fire Accreditation and to have the assessment
completed by July 1, 2008. There shall be no limitations on what can be considered during this
process, provided that the subject matter falls within the general framework of the assessment
format. The Union and the City agree that the assessment's findings and conclusions will be
advisory only and subject to the City Administrative Officer's approval and recommendation to
the City Council. The Union and the City further agree that implementation of the assessment's
findings and conclusions will be subject to the meet and confer requirements under the California
Government Code, Section 3500 et seq.
Should it become apparent to both parties that an extension of the completion date is necessary, .
both parties will meet and discuss an extension of the completion date by mutual agreement.
52
ARTICLE 41
PROBATIONARY PERIOD
All appointments to classifications listed in Appendix "A ", including promotional appointments,
shall be subject to a probationary period of one year. The probationary period may be extended
or reinstated if further employee evaluation is deemed necessary for up to six months upon the
written recommendation of the Fire Chief and the written approval of the Human Resources
Director.
53
ARTICLE 42
RESIDENCY REQUIREMENT
A. Departmental General Operations 206.04 shall be modified as follows:
All personnel must live within ninety (90) miles travel distance from the City limits to
their permanent residence.
54
C;
n
i
I
ARTICLE 43
STAFFING
A. The current number of authorized positions in the Fire Department represented by the
Local 3523 is 12 Fire Captains, 15 Fire Engineers, 12 Firefighters, 1 Fire Vehicle
Mechanic, 3 Fire Inspectors, 1 Hazardous Materials Coordinator, and 20 Paramedics
within the ranks of Captain, Firefighter, and Engineer. One Paramedic Captain (included
as one of the 20 Paramedics) will be assigned per shift. Effective July 1, 2007 the
number of Paramedics shall increase to 22; effective July 1, 2008, the number of
Paramedics shall increase to 24. If it becomes necessary for the City to exercise its
management right to change those staffing levels, the City acknowledges its
responsibility to meet and confer with the Union on the impacts of any such changes.
B. Constant Staffing: An ongoing Constant Staffing Program will commence on May 1,
2005. "Constant Staffing" provides for a mandated fourteen (14) Firefighters on -duty
every day including the Battalion Chief. Mandated overtime will be used to maintain the
fourteen (14) per day minimum.
C. There will be no reserve program implemented during the term of this agreement.
D. The present status of the Apprentice Program does not impact on the bargaining unit
integrity. The City recognizes its obligations to meet and confer on any future impacts of
the Apprentice Program on the bargaining unit.
E. In the absence of the Battalion Chief, the Fire Chief may temporarily act as Battalion
Chief in situations that would otherwise require mandatory overtime.
55
i�
ARTICLE 44
�1
SENIORITY BIDDING FOR STATION ASSIGNMENT
A. Intent:
Utilize years of service as an empowerment tool for the employee. Thus enhancing their
productivity and morale, through their ability to choose station assignment, program
assignment and working partners.
B. Process:
Appropriate lists and sign -up sheets will be made available the first of October. The
selection process should be completed by November I st. Bid assignments will begin the
first day of the first full F.L.S.A. period in January. Placement on the appropriate list is
based on the following:
1. The President of Local 3523 shall have the first selection
2. The Vice President of Local 3523 shall have the second selection.
3. The remainder of the bid selection will follow department seniority with the most
senior member selecting first. The order of selection shall be by rank in the
following order: Captains, Engineers, and then Firefighters.
Probationary firefighters will not be included in the station selection process until they
have completed their probationary period.
Each crew will have a Paramedic assigned to it from the ranks of the engineer or
firefighter. Captains may fill into the paramedic pool if there are not enough Paramedics
within the Firefighter /Engineer rank. Each shift will have one of the three Paramedic
Coordinators. The Captain taking the position of Paramedic Coordinator cannot be the
primary paramedic on their selected crew. Each shift will have paramedics evenly
distributed depending on the size of the paramedic pool (example: pool of 22, two shifts
with 7, one shift with 8).
Hazardous Materials Team Members will be evenly distributed depending on the number
of team members (example: 5 team members, two shifts with 2, one shift with 1).
Individuals bidding for assignment as the Station 1 Captain shall be subject for interview
by the Shop Steward and the appropriate Battalion Chief prior to bid selections being
finalized.
Station assignments would take place based on FLSA periods with the intent to eliminate
or minimize overtime due to personnel movement.
56
Individuals working out of grade will work at the station at which the vacancy is
occurring. Selection of the individuals who will work out of grade is to remain consistent
with existing policies. Vacancies created by promotion or retirements are to be filled by
the newly promoted individuals.
Administration of the Fire Department recognizes and supports the premise that placing
employees at stations of their preference is beneficial. The Fire Department
Administration needs a degree of flexibility to accomplish the following goal:
1. Allow for mentoring and conflict resolution
Adjustment of employee station bids by fire Department Administration, should take
place in November before vacation selection. Station bid adjustments by Fire
Department Administration shall be accompanied by written justification as to the
perceived need.
After initial placement, movement of personnel shall be for a maximum period of six
months. At the end of this six -month period, the effected personnel shall return to their
station of choice. Reasons for moves for more than six months or for permanent
relocation need to be in writing.
Except in extraordinary circumstances no movement of personnel will be initiated during
the months of November and December.
When movement of personnel is initiated by the Department and is not due to any fault of
the individual(s), the Department will honor all approved time off requests.
C. Issue Resolution Committee:
Intent:
The intent of the Issue Resolution Committee is two fold:
First, is to deal with the larger issue of how the program works. Does the process work;
are we able to meet the goals of the program and the department?
Second, are both labor and management needs being addressed fairly and equitably.
Committee membership:
The Issue Resolution Committee (IRC) will consist of two members from management.
The President of Local 3523 will appoint two members from the employee's bargaining
unit. A fifth member will be chosen by the above four members. The Fire Chief or the
labor President can substitute the members from management and labor, respectively, for
cause.
57
Issue Resolution:
Local 3523, through their Board of Directors, or Fire Department Administration,
through the Fire Chief, can bring issues to the Committee. The IRC will convene within
five business days of receipt of an issue of concern or a question of process. Issues will
be decided based on the information presented to the committee. Issues or questions will
be considered resolved by a vote of 4 out of 5 committee members.
The IRC will review the overall program as it relates to program and department goals
annually or as needed. Unresolved issues will be taken to the next contract negotiations
as a negotiable issue.
The IRC will attempt to resolve issues of a personal nature, i.e. station placement, or an
interpretation of the process, as they come up. If the committee cannot resolve an issue,
the Fire Chief will resolve the issue.
By mutual agreement of Local 3523 and Fire Department Administration, this program
can be discontinued at any time.
All committee members performing the duties of this committee while off duty will be
compensated with CTO, hour for hour.
58
1
ARTICLE 45
REOPENERS
The City and the Union agree to reopen negotiations during the term of this agreement as
follows:
The City and the Union agree to a re- opener to discuss the cafeteria contribution upon
determination by the Department of Labor or a court of competent jurisdiction regarding
the F.L.S.A. cafeteria grievance filed on October 21, 2004.
59
ARTICLE 46
FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all negotiable
issues between the City and the Union. This Agreement supersedes all previous Memoranda of
Understanding or Memoranda of Agreement between the City and the Union except as
specifically referred to in this Agreement. During the life of this Memorandum of Agreement,
should either party desire to modify its terms.or to meet and confer with respect to matters within
the scope of representation, such party shall request in writing to meet and confer on such
item(s), which item(s) shall be specified in writing. During the life of this Memorandum of
Agreement, either party may refuse such a request without explanation, and no unilateral action
may be taken on the matter within the scope of representation during the term of this agreement.
Should the City wish to take action on a matter which relates primarily to matters not within the
scope of representation, but impacts matters within the scope of representation, it shall provide
notice to the Union and afford the opportunity to meet and confer on the impact of its
decision(s). If a conflict arises between the MOA and General Operations or any other policy
and procedure, the MOA shall prevail.
Should the City propose to consolidate, merge, and /or contract out the Fire Service function, it
will give notice to the Union and meet and confer on any aspects of the proposal which fall
within the scope of representation.
60
ARTICLE 47
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 thirty (30) day work period. If no Agreement
has been reached, the parties agree to invoke the provision of impasse under City Charter Section
1107.
M,
1 �
ARTICLE 48
RENEGOTIATIONS
Pursuant to Resolution No. 6287, (1989 Series): If 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 by August 15, 2009. If notice is properly and timely given, negotiations shall
commence no later than September 15, 2009.
62
ARTICLE 49
AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Agreement:
A. Local 3523's principal authorized agent shall be the President (address: 2160 Santa
Barbara Avenue, San Luis Obispo, California 93401; telephone: (805) 550 - 5020).
B. Management's principal authorized agent shall be the Human Resources Director or
his/her duly authorized representative (address: 990 Palm Street, San Luis Obispo,
California 93401; telephone: (805) 781 - 7250).
63
ARTICLE 50
TERM OF AGREEMENT
This Agreement shall become effective as of January 1, 2006 and continue in full force and
effect until expiration at midnight, December 31, 2009.
SIGNATURES
Classifications 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 August 1, 2006, by the following parties.
CITY OF SAN LUIS OBISPO INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL 3523
Richard C. Bolanos, City Consultant
Monica Irons, Human Resources Director
64
Erik Baskin, President
APPENDIX A
CLASSIFICATION
CLASSIFICATION CODE SALARY RANGE
Firefighter
6040
612
Fire Engineer /Inspector
6020
615
Fire Vehicle Mechanic
6030
616
Hazardous Materials Coordinator
6165
617
Fire Captain
6010
621
Fire Inspector I
6198
626
Fire Inspector II
6200
630
Fire Inspector III
6202
633
w
C C
APPENDIX B
WORK SCHEDULE ILLUSTRATION
For purposes of illustration only, the shift schedule pattern for employees working a fifty -six
(56) hour work week consists of eight (8) twenty -four (24) hour on -duty periods within a twenty -
four (24) day cycle which is worked in accordance with the following chart:
X = 24 -hour on -duty period
O = 24 -hour off -duty period
SCHEDULE: XOXOXOXOOOOXOXOXOXO00000
..
APPENDIX C
�J
EMPLOYEE RESPONSIBILITIES AND BENEFITS - SICK LEAVE
Sick leave is governed by Section 2.36.420 of the Municipal Code and reads as follows:
%1W1r.O.I11
Employee responsibilities and benefits - Sick leave.
A. Sick Leave Defined. "Sick leave" shall be defined as follows:
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 (40 hours for non -shift personnel, 56 hours for shift
personnel) from each incident. The employee may be required to submit proof of
relative's death before being granted sick leave pay;
3. An employee whose memorandum of understanding incorporates a provision for
"family leave" may use sick leave not to exceed three days (24 hours for non -shift
personnel, 33.6 hours for shift personnel) per year if required to be away from
his/her job to personally care for a member of the employee's immediate family as
defined in this subsection.
B. Rules Governing Sick Leave.
Each incumbent of a line -item position shall accrue sick leave with pay at the rate
of twelve days (96 hours) or the shift equivalent (134.4 hours) per year of
continuous service since the benefit date.
2. Sick leave may be used after the completion of the month of service in which it
was earned.
3. Sick leave shall begin with the first day of illness.
4. Department heads shall be responsible to the city administrative officer for the
uses of sick leave in their departments.
5. A department head shall require written proof of illness from an authorized
67
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 sickness or other physical disability shall
notify his/her immediate supervisor or department head as soon as possible but in
any event during the first day of absence. Any employee who fails to comply
with this provision without having a valid reason will be placed on leave of
absence without pay during the unexcused absence and be subject to disciplinary
action 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 examined where reasonable cause exists to
believe that an employee has a medical condition which impairs his/her job
effectiveness or may endanger the health, safety or welfare of the employee, other
employees or the public. Employees who are judged to be physically incapable of
meeting normal requirements of their positions may be placed in a classification
of work for which they are suitable when a vacancy exists, or may be separated
for physical disability.
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. When
an employee receives compensation under the Worker's Compensation Act of
California, such compensation received shall be considered part of the salary to be
paid to the employee eligible for such payments as required by state law. The
amount paid by the city shall be the difference between the amount received by
the employee from the city's compensation insurance coverage and the eligible
employee's regular rate of pay.
11 Notwithstanding anything contained in this section, no employee shall be entitled
to receive any payment or other compensation from the city while absent from
duty by reason of injuries or disability received as a result of engaging in
employment other than employment by the city for monetary gain or other
compensation, or by reason of engaging in business or activity for monetary or
other compensation other than business or activity connected with his/her city
68
1
I
employment.
12. A public safety employee shall not receive sick leave payments while receiving
Worker's Compensation payments.
13. Accumulation of sick leave days shall be unlimited. (Prior code 2708.5)
69
APPENDIX D
Salary Range Listing -
January 2006 Through December 2009
January 2006
3% Increase
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Range
Title
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
612
Firefighter
3,998
4,442
4,676
4,922
5,181
5,454
1,845
2,050
2,158
2,272
2,391
2,517
615
Fire Engineer
4,809
5,062
5,329
5,609
5,904
2,220
2,336
2,459
2,589
2,725
616
Fire vehicle
4,931
5,190
5,463
5,751
6,054
Mechanic
2,276
2,396
2,522
2,654
2,794
617
Haz Mat
5,178
5,450
5,737
6,039
6,357
Coordinator
2,390
2,516
2,648
2,787
2,934
621
Fire Captain
5,623
5,918
6,230
6,558
6,903
2,595
2,732
2,875
3,027
3,186
626
Fire Inspector 1
3,612
3,803
4,003
4,213
4,435
1,667
1,755
1,847
1,945
2,047
630
Fire Inspector II
4,006
4,217
4,439
4,672
4,918
1,849
1,946
2,049
2,157
2,270
633
Fire Inspector ql
4,331
4,559
4,799
5,051
5,317
1,999
2,104
2,215
2,331
2,454
Hazardous Materials
75.51
Bi- weekly
Paramedic
490.82
Monthly
245.41
Bi- monthly
70
r
July 2006
2% Increase
Fire Inspectors & Haz Mat Coordinator add'I
6%
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Range
Title
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- weekly
612
Firefighter
4,077
4,530
4,769
5,020
5,284
5,562
1,882
2,091
2,201
2,317
2,439
2,567
615
Fire Engineer
4,906
5,164
5,436
5,722
6,023
2,264
2,384
2,509
2,641
2,780
616
Fire vehicle
5,030
5,294
5,573
5,866
6,175
Mechanic
2,321
2,444
2,572
2,708
2,850
617
Haz Mat
5,593
5,887
6,197
6,523
6,866
Coordinator
2,581
2,717
2,860
3,011
3,169
621
Fire Captain
5,735
6,037
6,355
6,690
7,042
2,647
2,786
2,933
3,088
3,250
Fire Inspector
626
1
3,902
4,107
4,323
4,551
4,791
1,801
1,896
1,995
2,100
2,211
Fire Inspector
630
it
4,327
4,555
4,795
5,047
5,313
1,997
2,102
2;213
2,329
2,452 .
Fire Inspector
633
111
4,677
4,923
5,182
5,455
5,742
2,158
2,272
2,392
2,518
2,650
Hazardous Materials
77.01
Bi- weekly
Paramedic
500.57
Monthly
250.28
Bi- Monthly
71
July 2007
4% Increase
Step 1
Step 2
Step 3
Ste p4
Step 5
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Range
Title
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
612
Firefighter
4,241
4,712
4,960
5,221
5,496
1,957
2,175
2,289
2,410
2,537
615
Fire Engineer
5,102
5,370
5,653
5,951
6,264
2,355
2,479
2,609
2,746
2,891
616
Fire vehicle
5,231
5,506
5,796
6,101
6,422
Mechanic
2,414
2,541
2,675
2,816
2,964
617
Haz Mat
5,817
6,123
6,445
6,784
7,141
Coordinator
2,685
2,826
2,975
3,131
3,296
621
Fire Captain
5,965
6,279
6,609
6,957
7,323
2,753
2,898
3,050
3,211
3,380
626
Fire Inspector l
4,057
4,271
4,496
4,732
4,981
1,873
1,971
2,075
2,184
2,299
630
Fire Inspector II
4,500
4,737
4,986
5,249
5,525
2;077
2,186
2,301
2,423
2,550
633
Fire Inspector III
4,864
5,120
5,389.
5,673
5,971
2,245
2,363
2,487
2,618
2,756
Hazardous Materials
80.10
Bi- Weekly
Paramedic
694.20
Monthly
347.10
Bi- Monthly
72
Step 6
Monthly/
Bi- Weekly
5,785
2,670
July 2008
5% Increase
Fire Inspectors
& Haz Mat Coordinator
add'I 6%
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Range
Title
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
BI-Weekly
Bi- Weekly
612
Firefighter
4,454
4,948
5,209
5,483
5,772
6,075
2,055
2,284
2,404
2,531
2,664
2,804
615
Fire Engineer
5,358
5,640
5,937
6,249
6,578
2,473
2,603
2,740
2,884
3,036
616
Fire Vehicle
5,492
5,781
6,085
6,406
6,743
Mechanic
2,535
2,668
2,809
2,956
3,112
617
Haz Mat
6,457
6,797
7,155
7,531
7,928
Coordinator
2,980
3,137
3,302
3,476
3,659
621
Fire Captain
6,263
6,593
6,940
7,305
7,690
2,891
3,043
3,203
3,372
3,549
626
Fire Inspector 1
4,504
4,741
4,990
5,253
5,529
2,079
2,188
2,303
2,424
2,552
630
Fire Inspector II
4,996
5,259
5,536
5,827
6,134
2,306
2,427
2,555.
2,689
2,831
633
Fire Inspector III
5,398
5,683
5,982
6,296
6,628
2,492
2,623
2,761
2,906
3,059
Hazardous Materials
84.12
Bi- weekly
Paramedic
729.04
Monthly
364.52
Bi- Monthly
73
Q
July 2009
5% Increase
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Range
Title
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
612
Firefighter
4,676
5,1.95
5,469
5,757
6,060
6,379
2,158
.2,398
2,524
2,657
2,797
2,944
615
Fire Engineer
5,626
5,922
6,234
6,562
6,907
2,597
2,733
2,877
3,029
3,188
616
Fire Vehicle
5,767
6,071
6,390
6,727
7,081
Mechanic
2,662
.2,802
2,949
3,105
3,268
617
Haz Mat
6,780
7,137
7,513
7,908
8,324
Coordinator
3,129
3,294
3,467
3,650
3,842
621
Fire Captain
6,576
6,922
7,286
7,669
8,073
3,035
3,195
3,363
3,540
3,726
626
Fire Inspector)
4,730
4,978
5,241
5,516
5,807
2,183
2,298
2,419
2,546
2,680
630
Fire Inspector II
5;247
5,523
5,813
6,119
6,442
2,422
2,549
2,683
2,824
2,973
633
Fire Inspector III
5,668
5,967
6,281
6,611
6,959
2,616
2,754
2,899
3,051
.3,212
Hazardous Materials
117.76
Bi- weekly
Paramedic
765.44
Monthly
382.72
Bi- monthly
74
0
SIDE LETTERS
N
The documents following this section are all Side Letters of Agreement between
the International Association of Firefighters; Local 3523, and City of San Luis
Obispo. They should not be construed to be part of the Memorandum of
Agreement and are not subject to the terms of Article 38, Full Agreement. Any
dispute over interpretation or application of the side letters shall be referable to
the grievance and, arbitration procedures of the MOA.
75
SIDE LETTER
to tbeJuly2, 2001 — December 31, 2005 Memorandum of Agreement
Between the City of San Luis Obispo and
the International Association of Firefighters, Local 3523
I. DISCIPLINARY PROCEDURE
A. PURPOSE
The efficient operation of the San Luis Obispo Fire Department (SLOFD) is
dependent on a well - disciplined, cohesive organization. The City and Association agree
that occasions will occur when an employee's performance and /or behavior must be
reviewed in order to ensure that the mission of the department is not adversely impacted.
The authority for disciplinary action is outlined in the City of San Luis Obispo's
Personnel Rules and Regulations, 2.36.320. The Personnel Rules and Regulations will
take precedent if there is -a conflict between those Rules and Regulations and this Policy
or if not addressed herein.
B. INVESTIGATIONS
It is the responsibility of the Fire Chief, all Chief Officers, and all Company
Officers to maintain discipline and carry out the directive of the department. Any
incident or behavior which does not conform to City and Fire Department
policies /procedures sha11 be disciplined in the most appropriate manner.
When the Fire Chief or any Chief /Company Officer either observes or is
reasonably made aware of an incident that may warrant punitive discipline, he /she
must first determine whether an investigation is necessary. Prior to conducting an
investigation of an incident, the Fire Chief or a Chief /Company Officer should
consult with the Human Resources Director, as appropriate. The investigation
shall be conducted in a fair, objective and impartial manner under the rules set
forth in the "Weingarten Rule ".
2. When any employee is under investigation and subjected to questioning by his or
her commanding officer or any other member of the department that could lead to
punitive- action, the questioning shall be conducted under the following
conditions. For the purpose of this chapter, punitive action means any action that
may lead to dismissal, demotion, suspension, reduction in salary, permanent
written reprimand, or transfer within the Department for purposes of punishment.
Transfer within the Department for the good of the Department or a notice to
correct are excluded from the definition of punitive.
Section B shall not apply to any questioning of an employee in the normal course
of duty, counseling, instruction, or informal verbal admonishment by, notice to
correct or other routine or unplanned contact with, a supervisor or any other
employee, nor shall this section apply to an investigation concerned solely and
76
directly with alleged criminal activities.
a. The questioning shall be conducted at a reasonable hour, preferably at a
time when the employee is on duty or during the normal waking hours for
the employee, unless the seriousness of the investigation requires
otherwise. If the questioning does occur during off -duty time of the
employee being interrogated, the employee shall be compensated for any
off -duty time in accordance with regular department procedures.
b. An employee under investigation has the right to request the rank, name,
and command of the officer in charge of the questioning, the questioning
officers, and all other persons to be present during the questioning. All
questions directed to the employee under questioning shall be asked by
and through no more than two investigators at one time.
c. The questioning session shall be for a reasonable period taking into
consideration gravity and complexity of the issue being investigated. The
person under questioning shall be allowed to attend to his or her own
personal physical necessities.
d. The employee under investigation shall not be subjected to offensive
language or conduct or threatened with punitive action, except that all
employee refusing to respond to questions or submit to questionings shall
be informed that failure to answer questions directly related to the
investigation or questioning may result in termination. No promise of
reward shall be made as an inducement to answering any question. The
employer shall not cause the employee under questioning to be subjected
to visits by the press or news media without his or her express consent nor
shall his or her home address or photograph be given to the press or news
media without his or her express consent.
e.. The complete questioning of an employee under investigation may be
recorded. If the City records the. questioning, the employee shall be
provided a copy of the tape upon request. The employee being
interrogated shall have the right to bring his or her own recording device
and record the questioning. If the employee exercises this right, the City
shall be provided a copy of the tape upon request.
f. Employees who have criminal charges pending regarding an incident
under investigation may assert their constitutional rights during the
investigation. Nevertheless, any employee refusing to cooperate in an
investigation is subject to disciplinary action including termination.
g. Employees shall be informed of their right to have a representative present
during questioning which may reasonably lead to punitive disciplinary
action. A reasonable time to obtain the representative shall be given to the
2
77
employee. The representative shall not be a person subject to the same
investigation. The representative shall not be required to disclose, nor be
subject to any punitive action for refusing to disclose, any information
received from the employee under investigation.
h. In accordance with State Law, no employee shall be compelled to submit
to a lie detector test against his or her will. No disciplinary action or other
recrimination shall be taken against an employee refusing to submit to a
lie detector test, nor shall any comment be entered anywhere in the
investigator's notes or anywhere else that the employee refused to take, or
did not take, a lie detector test, nor shall any testimony or evidence be
admissible at a subsequent hearing, trial, or proceeding, judicial or
administrative, to the effect that the employee refused to take, or was
subjected to, a lie detector test. For the purpose of this section, "lie
detector" means a polygraph, deceptograph, voice stress analyzer,
psychological stress evaluator, or any other similar device, whether
mechanical or electrical, that is used, or the results of which are used, for
the purpose of rendering a diagnostic opinion regarding the honesty or
dishonesty of an individual.
i. No employee shall have his /her assigned locker searched except 1) in
his /her presence, or 2) with his /her consent, or 3) where he /she has been
notified that a search will be conducted and has failed to respond within a
reasonable timeframe, or notwithstanding the above, 4) when a valid
search warrant has been obtained.
C. POST INVESTIGATION /PRE- DISCIPLINE PROCEDURE
1. Upon the conclusion of an investigation, those conducting the investigation shall
forward the complete investigation to the Fire Chief who in consultation with the
Human Resource Director shall determine the level of discipline that is most
appropriate. The following constitutes the levels of progressive discipline:
Non - punitive Corrective Action
(a)
Oral counseling;
(b)
Oral reprimand with written documentation;
(c)
Notice to Correct — 1 year in file;
(d)
Transfer (within the Department) for the good of the Department
(i.e. safety, cohesion).
Punitive Discipline
(e)
Official Reprimand - permanent;
(d)
Suspension /Reduction in compensation;
(e)
Transfer (within the Department) for purposes of punishment;
(f)
Demotion;
(g)
Termination.
78 3
Note: Deviations from progressive discipline may occur whenever the circumstances
warrant that one or more steps in the progressive disciplinary process be skipped. For
example, suspension or termination may occur as the first level of discipline in
appropriate circumstances.
2. Disciplinary action will be handled as outlined in 2.36.330 of the Personnel Rules
and Regulations.
3. Corrective action is final.
D. POST - DISCIPLINE APPEAI. RIGHTS
The Post - Discipline procedures will be in accordance with, Sections 2.36.340 and
2.36.350 of the Personnel Rules and Regulations except, however, for employees
represented by SLOFA, Local 3523, Section 2.36.340,.0 shall be modified to provide that
appeals of disciplinary suspensions of two days or less shall have at the employee's
request the right of appeal to either the city administrative officer or to the Personnel.
Board, provided the appeal to the Personnel Board is supported in advance by the
Executive Board of SLOFA, Local 3523. Appeals of discipline in excess of two days
shall be made to a hearing officer as set forth in section 2.36.340 B. Appeals to the
Personnel Board will be heard in accordance with Personnel Rules and Regulations
Section 2.36.350 — Disciplinary action — Hearings.
Note: If the provisions of Sections 2.36.340C in the future are modified to reduce the
threshold for suspensions to the city administrative officer or to alter the appeal process
applicable to members of SLOPOA, the same provisions will be extended to SLOFA,
Local 3523.
E. PERSONNEL FILE
The employee must be given the opportunity to review and sign any document adverse
to his/her interests prior to its placement in his/her personnel file.
At reasonable times and at reasonable intervals, upon the request of an employee, during
usual business hours and with 24 hour notice, with no loss of compensation to the
employee, permit that employee to inspect their personnel files that are used or have been
used to determine that employee's qualifications for employment
If, after examination of the employee's personnel file, the employee believes that any
portion of the material is inappropriately or mistakenly placed in the file, the employee
may request, in writing to the Human Resource Director, that the inaccurate or
inappropriate portion be corrected or deleted. Any request made pursuant to this
subdivision shall include a statement by the employee describing the corrections or
deletions from the personnel file requested and the reasons supporting those corrections
or deletions. At the employee's request, the Human Resources Director shall hold an
4
79
informal hearing to determine the final disposition of any documents in dispute pursuant
to this section. At the hearing, the employee and City appointing authority, may present
evidence and argument in support of their respective positions. The Human Resource
Director's decision as to the disposition of the request is final with no further
administrative appeal.
CITY OF SAN LUIS OBISPO
-�� k bL
Monica M. Moloney
Director of Human Resources
f.
�I
N
Wolfgang Knabe
Fire Chief
Ken plan
City Administrative Officer
INTENATIONAL ASSOCIATION OF
FIREFIRGHTERS. LOCAL 3523
i
Michael King
President
Erik Baskin
Secretary
.I
wi
n
SIDE LETTER
DOCUMENTS WHICH FALL WITHIN THE SCOPE OF REPRESENTATION
The City of San Luis Obispo and the International Association of Firefighters,
Local 3523, recognize the attached letter from William Avery, dated March 18,
1996, as defining which existing side letters and General Operations Manuar
Policies fall within the scope of representation
This agreement fulfills Paragraph
4, Article 35 of the 1994 -97 Memorandum of Agreement.
CITY OF SAN LUIS OBISPO
Ke Hampian, Assistant City Administrative Officer
--7�/o /9S
Date
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3523
' ,
Mark cCullough, esident -
Date.
81
WILLIAM AVERY ,
& ASSOCIATES, rnrc.
MANAGEMENT CONSULTANTS
March 18, 1996
Wendy George
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401 -3249
Dear Wendy
Following is my preliminary review of the issue of which general operations sections, personnel
rifle sections and side letter or addendum MOA agreements should be incorporated into the existing
Memorandum between the City and the San Luis Obispo Firefighters Association. Please note that
while many of these documents contain matters which relate to the scope for representation, it is
certainly not necessary that they be replicated in the MOA. In some rases a reference might be
appropriate. it should also be noted that whether or not a matter is incorporated in the MOA at all,
City's obligations with regard to mat and confer are the same.
The following general orders sections contain matters within scope,
201.02
Relief
201.03
Fire Engineer Positions
201.04
Minimum Staffing Policy
201.05
Temporary Vacancies
202.01
Voluntary and Mandatory Overtime
204.01
Vacation
204.02
Compensatory Time Off
204.03
Holiday Lea_ vc
204.04
Sick Leave U3c/Ceruflca6on
204.08
Jury Duty
205.01
Bi- annual Abbreviated Fitness Testing
206.01
Shift Transfer
206.04
Residency Requirements
302.15
Flaardous Materials
405.05
telephone Pagers
The following general orders, while perhaps having some tangential impact on matters within
scope, are primarily matters of law, management right, or administrative in nature.
206.02
Smolang Regulations
206.03
Personnel Evaluations
207.01
Time Cards
208.01
Travel Reimbursement Authorization
902.03
Injury Reports
603.01
Nighttime inspectors
501.01
Training Program
501.02
Outside Training Program
501.03
Recruit(Probazionary Training Regulations
354 N. Santa Cruz Avenue. Suite 8 • Los Gatos. CA 95030 • (408) 399 -4424 FAX (408) 399.4423
82
Page 2
PERSONNEL RULES
You provided me with a copy of the personnel riles. it is not clear to me if there aretcqucsts that
sections of the personnel rules be referenced or incorporated in the MOA. If so, the following
appear to contain matters substantively affecting the scope of represcatation.
2.36.200
probationary period
2.36.240 -B4
Cocnpersatio- for Temporary Assignments
236.320
All affecting discipline
236.330
«
236:340
"
236350
« "
2- 36.390
Outside Employment
LE -fERS OF AGl'tEENENP
December 15, 1993 re: Hazardous Materials. It would appear this meet and confer has concluded
and the side letter need not be incorporated
September 16, 1993, MOA language changes. This language has already been incorporated. June
may be appropriate to reference the language under current staffing.
ADDENDUM MOA'S
Layoff Policy - This language has already been incorporated in the MOA.
Second PERS Health Benefit Program - This language has been incorporated in the MOA.
Drug Free Workplace Policy - This addendum, and/or subsequent agreements could be referenced
in the MOA. This particular policy contains nothing other than minimum rcquirements of Federal
law.
Flexible Benefits Program -Tic language in this addendum contains many steps which
presumably have been completed. A generalized reference in the MOA would be appropriate.
Medical Plan Review Committee - Sufficient language on this subject already appears in the MOA,
it need not be incorporated.
MISCELLANEOUS
The following documents have been provided. They have been given general operations policy
numbers although they are City-wide documents. They would not appear to substantively imEact
mattes within scope.
20902 Code of Ethics
20903 Sexual Iiarrassment Avoidance Policy
20904 Affirmative Action Program
20909 Employer- Fmployoe Resolution
20906 Guide to FamilylMedical Leave Program
83
Page 3
The following policy could be incorporate by reference or appended-
209.05 Catastrophic Leave policy
please call after you've had a chance to review this.
situ y,
William K Avery
WxA:Icsd
84
ON
RESOLUTION NO. 9822 (2006 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF SAN LUIS OBISPO AND
THE SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION
FOR THE PERIOD OF JANUARY 1, 2006, THROUGH DECEMBER 31, 2009
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
the San Luis Obispo City Employees' Association (SLOCEA), attached hereto as Exhibit "A"
and incorporated herein by this reference, is hereby adopted and ratified.
SECTION 2. The Finance Director shall adjust the Personnel Services appropriation
accounts to reflect the negotiated compensation changes.
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Memorandum of Agreement to Ron Faria, San Luis Obispo City Employees'
Association, and Monica Irons, Director of Human Resources.
Upon motion of Vice Mayor Settle, seconded by Council Member Ewan, and on the
following roll call vote:
AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle, and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 1st day of August 2006.
Mayor David F. Romero
ATTEST:
Audrey Hoo r
City Clerk
APPROVED AS TO FORM:
Jonathan P. Lowell
City Attorney
R 9822
'D
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO
CITY EMPLOYEES' ASSOCIATION
JANUARY 1, 2006
Through
DECEMBER 31, 2009
I •
MEN-
TABLE OF CONTENTS
Article No.
Title Page No.
1
Parties to Agreement ......................... ...............................
1
2
Recognition ........................................ ...............................
2
3
Term of Agreement., .........................................................
3
4
Renegotiation ..................................... ............................... 4
5
Salary ................................................. ...............................
5
6
Overtime ............................................ ...............................
9
7
Longevity .......................................... ...............................
10
8
Standby ............................................ ...............................
11
9
Callback ........................................... ...............................
12
10
Work Out -Of- Classification .............. ...............................
13
11
Temporary Assignment ..................... .............................14
12
Bilingual Pay ...................................... .............................15
13
Payday ............................................. ...............................
16
14
Retirement ....................................... ...............................
17
15
Retiree Medical Trust ...................... ...............................
18
16
Insurance and Refund ..................... ...............................
19
17
Long Term Disability Insurance ....... ...............................
23
18
Holidays ........................................... ...............................
25
19
Sick Leave ....................................... ...............................
26
20
Bereavement Leave ........................ ...............................
29
21
Family Leave ................................... .......:.......................
30
22
Vacation Leave ................................ ...............................
32
23
Workers' Compensation Leave ....... ...............................
34
24
Work Schedule ................................ ...............................
35
25
Probation Period .............................. ...............................
36
26
Americans with Disabilities Act ........ ...............................
37
27
Transfer ........................................... ...............................
38
28
Layoffs ............................................. ...............................
39
29
Light Duty Assignment... .................................................
45
30
Class "A & B" Physicals ................... ...............................
46
31
Uniform and Uniform Allowance ...... ...............................
47
32
Safety Program ................................ ...............................
48
33
Employee Rights ..............................
............................... 49
34
Grievance Procedure .......................
............................... 50
35
Representative Role ........................
............................... 52
36
Committee Representation ..............
............................... 53
37
Dues Deduction /Agency Shop
........ ............................... 54
38
Copies of Agreement .......................
............................... 56
39
Management Rights ........................
............................... 57
40
Peaceful Performance .....................
............................... 58
41
Full Agreement ................................
............................... 59
42
Savings Clause ................................ ............................... 60
43
Authorized Agents ........................... ............................... 61
44
Signatu. res ........................................ ............................... 62
AppendixA ...................................... ............................... 70
ARTICLE.1
PARTIES TO AGREEMENT
This Agreement is made and entered into this 1 sc day of August, 2006, by and between
the City of San Luis Obispo, hereinafter referred to as the City, and the San Luis
Obispo City Employees' Association, hereinafter referred to as the Association.
Nothing in this Agreement between the parties shall invalidate nor be substituted for
any provisions in City Resolution No. 6620 unless so stipulated to by provision(s)
contained herein and agreed to.
1
C �
ARTICLE 2
RECOGNITION
Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620, the
City hereby recognizes the San Luis Obispo City Employees' Association as the
bargaining representative for purposes of representing regular and probationary
employees, occupying the position classifications set. forth in Appendix A, in the
General Unit with respect to their compensation, hours and other terms and conditions
of employment for the duration of the Agreement.
2
ARTICLE 3
TERM OF AGREEMENT
This Agreement shall become effective January 1, 2006, except that those provisions
which have specific implementation dates shall be implemented on those dates and
shall remain in full force and effect until midnight December 31, 2()()Q
3
ARTICLE 4
RENEGOTIATION
If the Association desires to negotiate a successor Agreement, then the Association
shall serve upon the City, during September of 2009, its written request to begin
negotiations as well as its written proposals for such changes. Negotiations shall begin
within, but no later than, thirty (30) days from the date of receipt of the notice and
proposals by the City.
2
ARTICLE 5
•-
SECTION A Rules Governing Step Changes
The following rules shall govern step increases for employees:
(1) The first step is the minimum rate and shall normally be the hiring rate for
the class. In cases where it is difficult to secure qualified personnel, or if a
person of unusual qualifications is hired, the Human Resources Director
may authorize hiring at any step.
(2) The second step is an incentive adjustment to encourage an employee to
improve his /her work. An employee may be advanced to the second step
following the completion of twelve months satisfactory service upon .
recommendation by his /her department head and the approval of the
Human Resources Director.
(3) The third step represents the middle value of the salary range and is the
rate at which a fully qualified, experienced and ordinarily conscientious
employee may expect. to be paid after a reasonable period of satisfactory
service. An employee may be advanced to the third step after completion
of twelve months service at the second step, provided the advancement is
recommended by the department head and approved by the Human
Resources Director.
(4) The fourth and fifth steps are to be awarded only if performance is
deemed competent or above as shown on the last performance
evaluation. An employee may be advanced to the fourth step after
completion of one year of service at the third step provided the
advancement is recommended by the department head and approved by
the Human Resources Director. An employee may be advanced to the
fifth step after completion of two years service (one year for employees
who were at fifth step in one classification and then promoted to a lower
step in a higher,classification) at the fourth step provided the advancement
M
is recommended and justified in writing by the department head and
approved by the Human Resources Director.
(5) The above criteria for step increases apply except where other
arrangements are authorized by the Administrative Officer.
(6) In applying the above rules, the next step shall be granted, other
conditions having been met, on the first day of the payroll period within
which the anniversary date occurs.
(7) Should the employee's salary not be increased, it shall be the privilege of
the department head and Administrative Officer to reconsider such
increase at any time during the year.
(8) Each department head shall be authorized to reevaluate employees who
reach Step 5 in their pay range. An employee who is not performing up to
standard for the fifth step shall be notified in writing that the department
head intends to reduce him one step unless his job performance improves
to an acceptable level by the end of 60 days. Prior to the end of 60 days
the department head shall again reevaluate the employee and, as part of
that reevaluation, shall notify the employee if the pay reduction shall then
become effective. The fifth step may be reinstated at any time upon
recommendation of the department head. If the department head deems it
necessary to again remove the fifth step during the same fiscal year,
he /she may make the change at any time with three business days written
notice.
SECTION B "Y" Rating
An employee who is not performing up to established job standards may be "Y" rated,
freezing his salary until such time as there is an improved job performance. The
department head shall give 60 days written notice to any employee he /she intends to
"Y" rate, giving the employee an opportunity to correct any deficiencies. A "Y" rated
employee would not receive neither step increases nor salary increases granted by the
City Council in a MOA resolution. The "Y" rating procedure shall not result (then or
9
O O
later) in the employee being frozen below the next lower step of the new range. For
example, if an employee is at step D when "frozen" his/her salary shall not ever be less
then the current step C by this action.
SECTION C Computation of Salary Range
Each salary range consists of five steps (1 through 5). Steps 1 through 4 equal 95% of
the next highest step, computed to the nearest one dollar.
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 95% of Step 2
Each across - the - board % salary increase shall raise step 5 of range 1 by that %. Step
5 of each successive salary range will be 2.63% above step 5 of the next lower range.
After all step 5's of salary ranges have been established, each step 5 shall be rounded
off to the nearest $1.00 and the remaining steps established in accordance with the
above formula.
SECTION D Salary Provision for the Term of Agreement
1. The parties agree to a salary increase as set forth below to be effective on
the first day of the first full payroll period in the month listed, for all
employees employed by the City on the effective date of the increases
beginning January 2006.
January 2006 2%
July 2006 2%
July 2007 5%
July 2008 5%
July 2009 5%
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SECTION E Compensation Study
1. The City will complete a benchmark compensation study that includes
examining comparison data from local and regional cities on or before
March 31, 2007. The data compared will include, at a minimum, top step
salary, cafeteria contribution, and retirement formula. A comprehensive
project plan will be cooperatively developed and communicated to all
stakeholders. Periodic updates and a thorough presentation of the
process and findings will be provided to the SLOCEA board. Should the
findings lead to proposed changes in compensation for classifications in
the bargaining unit, the City will meet and confer with SLOCEA to address
those proposed changes and the impacts, if any, caused by those
changes.
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ARTICLE 6
OVERTIME
A. DEFINITION
Overtime is defined as all hours ordered by management and worked by the
employee in excess of forty (40) hours worked in a work week.
Holidays and sick leave will be counted as hours worked for purposes of
overtime.
All overtime shall be authorized in writing by the department head prior to being
compensated.
B. COMPENSATION
Overtime shall be compensated in cash at one and one half (1 1/2) times the
employee's regular rate of pay, or in time off (CTO) at the rate of one and
one -half (1 1/2) hours for each hour of overtime worked. All overtime shall be
compensated to the nearest five (5) minutes worked.
C. COMPENSATORY TIME OFF (CTO)
An employee eligible for overtime compensation may elect compensation in the
form of time off (CTO). An employee shall be compensated in CTO only if the
employee's department head approved such compensation. An employee may
not be compensated in CTO for more than sixty (60) hours of overtime worked in
the calendar year. Accumulated CTO not taken within the calendar year shall be
compensated in cash at straight-time.
Such compensation shall be paid in January of the following year.
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ARTICLE.7
LONGEVITY
A. Employees with hire dates after December 31, 1973. Effective January 1, 1983,
no employees will become eligible for longevity pay and employees then
receiving longevity pay shall receive no increases in longevity pay based on
additional service with the City.
B. Employees with hire dates prior to January 1, 1973. Each employee shall be
paid an additional one percent. (1 %) of his base salary step following ten years of
continuous full -time service with the City. An additional one percent (1 %) of base
salary will be added for each subsequent five -year period, calculated to the
nearest one dollar ($1.00).
C. In the event an employee receiving longevity pay is not performing up to the
established standards set for the job, the depa..rtment head with the concurrence
of the City Administrative Officer may suspend payment of the longevity pay until
such time as the employee's work performance comes up to the standard level,
in the opinion of the department head and with the concurrence of the City
Administrative Officer.
D. The department head shall notify the employee in writing that he intends to
suspend the longevity pay unless the employee's job performance improves
significantly within a 60 -day period. If the employee's job performance does not
improve to the desired level by the end of 60 days, the pay reduction shall then
become effective.. Longevity pay may be reinstated at any time upon
recommendation of the department head. If the department head deems it
necessary to again remove longevity pay during the same fiscal year, he /she may
make the change at anytime with three business day's written notice.
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ARTICLE 8
STANDBY
A. Standby duty is defined as that circumstance which requires an employee so
assigned to:
Be ready to respond immediately to a call for service;
Be readily available at all hours by telephone or other agreed -upon
communication equipment; and
Refrain from activities which might impair his /her assigned duties upon
call.
B. Employees, other than those assigned to the Water Reclamation Facility, will
receive thirty five dollars ($35.00) for each week day, forty dollars ($40.00) for
each weekend day, and forty dollars ($40.00) for each holiday of such
assignment.
C. Operators at the Water Reclamation Facility will receive standby amounts
equivalent to those set forth above prorated for the hours actually spent on
standby duty.
D. For return to work as part of a standby assignment, as defined above, the City
will guarantee either two (2) hours of pay in cash at straight time or pay at time
and one half for time actually worked whichever is greater.
E. The parties agree that employees on standby, as defined above, are "waiting to
be engaged."
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ARTICLE 9
CALLBACK
A. DEFINITION
Callback is defined as that circumstance which requires an employee to
unexpectedly return to work after the employee has left work at the end of the
employee's workshift or workweek;
Except that, an early call -in of up to two (2) hours prior to the scheduled start or a
workshift shall not be considered a callback.
B. COMPENSATION
For an unexpected return to work, as defined in A above, the City will guarantee
either four (4) hours pay in cash at straight time or pay at time and one -half for
time actually worked, whichever is greater.
If an employee who was called back and has completed his /her assignment and
left work is again called back to work, he /she will not receive another minimum if
the return is within the original minimum.
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ARTICLE 10
WORK OUT -OF- CLASSIFICATION
A. OUT -OF -CLASS ASSIGNMENT
For the purposes of this article, an out -of -class assignment is the full -time
performance of all the significant duties of an available, funded position in one
classification by an individual in a position in another classification. An employee
assigned in writing by management to work out -of -class on a position that is
assigned a higher pay range and is vacant pending an examination or is vacant
due to an extended sick leave, shall receive five percent (5 %), but in no case
more than the fifth step of the higher class, in addition to their regular base rate
commencing on the eleventh consecutive workday on the out -of -class
assignment.
Employees assigned as project managers and thereby working out -of-
classification shall receive compensation pursuant to this section.
Work out-of -class compensation will be evaluated after six months. Out-of -class
compensation will be increased to the first step of the higher classification at least
five (56/6) upon the recommendation of the supervisor and approval of the
department head.
B. SEASONAL SUPERVISION
If, in addition to his /her regularly assigned employees, any employee
responsible for five (5) or more temporary workers for a period exceeding 10
consecutive work days shall receive additional pay of 5% commencing with the
11th day.
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ARTICLE 11
TEMPORARY ASSIGNMENT
An appointing authority may temporarily assign an employee to a different position for
a specific period of time, after which the employee returns to his /her regular duties and
position from which he /she was regularly assigned. Such action shall have the prior
approval of the Human Resources Director. An appointing authority may assign an
employee to a different position fora period of time not to exceed 90 days, provided
the employee has received 24 hours written notice which includes reasons for the
assignment.
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ARTICLE 12
BILINGUAL PAY
Employees certified as bilingual in Spanish through a testing process and certified as
being required to regularly use their Spanish speaking skills shall receive a bilingual
payment of thirty-five ($35) dollars per pay period. Additional languages may be
approved by the City based upon demonstrated need. Regardless of certification and
payment, all employees shall use any language skills they possess to the best of their
ability.
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ARTICLE 13
C
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.
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ARTICLE 14
RETIREMENT
A. The City agrees to provide the Public Employees' Retirement System's 2.7% at
age 55 plan to all eligible employees including the amendments permitting
conversion of unused sick leave to additional retirement credit, the 1959
survivor's benefit (4th level), one year final compensation, the Military Service
Credit option, and the Pre - Retirement Option 2 Death Benefit.
B. The City agrees to. contribute eight percent (8 %) of an employee's salary on
behalf of the employee to PERS.. These amounts paid by the City are employee
contributions and are paid by the City to satisfy the employee's obligation to
contribute eight percent (8 %) of salary to PERS. An employee has no option to
receive the contributed amounts directly instead of having them paid by the City
to PERS on behalf of the employee. It is understood and agreed to by the parties
that the City "pick up" of the employee's PERS contribution is made in lieu of a
wage increase. Therefore, in all comparisons made with other agencies, eight
percent (80/6) of salaries will be added to the total compensation provided by the
City to the employees. It is further understood and agreed to by the parties that
payment of the eight percent (8 %) PERS contribution is made subject to I.R.S.
approval of reporting procedures. The eight percent (8 %) payment will be
reported to PERS as special compensation (EPMC).
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ARTICLE 15
RETIREE MEDICAL TRUST
The City of San Luis Obispo Employee's Association has established a Retiree
Medical Benefit Trust to provide for health insurance and other medical expense
reimbursements to unit employees after retirement. The Trust is
administered separately by a Board of Trustees composed of members of the
Association. The City is not involved with the establishment or administration of the
Trust. Included in the funding for the Trust will be amounts designated by the
Association to be deducted from each employees' paycheck.. The City's sole
responsibility is to forward the designated amounts to the Trust.
The Association and Board of trustees are solely responsible for obtaining any
necessary IRS approvals, establishing and administering the Trust. The Association
will indemnify, defend and hold harmless the City, its agents, officers and employees,
against any and all claims or legal proceedings regarding the establishment and
operation of the Trust.
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ARTICLE 16
INSURANCE AND REFUND
A. CONTRIBUTION
Effective the first payroll period in December, 2005, the City shall contribute the
amounts as set forth below for Cafeteria Plan benefits for each regular, full time
employee covered by this agreement. Less than full -time employees shall receive
a prorated share of the City's contribution.
December
2005
$635
(for January
2006 premium)
December
2006
$710
(for January
2007 premium)
December
2007
$790
(for January
2008 premium)
December
2008
$870
(for January
2009 premium)
B: INSURANCE COVERAGE
1. PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit Program
with the "unequal contribution option" at the PERS minimum contribution
rate, currently $64.60 per month for active employees and $16.26 per
month for retirees. The City's contribution toward retirees shall be
increased by five (5 %) percent per year of the City's contribution for the
active employees until such time as the contributions for employees and
retirees are equal. 'The City's contribution will come out of that amount the
City currently contributes to employees as part of the City's Cafeteria Plan.
The cost of the City's participation in PERS will not require the City to
expend additional funds toward health insurance beyond. what is already
provided for. In summary, this cost and any increases will be bome by the
employees.
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2. Health Insurance Coverage Optional Participation
Employees with proof of medical insurance elsewhere are not required to
participate in the PERS Health Benefit Program and may receive the
unused portion of the City's contribution (after dental and vision insurance
premiums are deducted) in cash in accordance with the City's Cafeteria
Plan. Those employees will also be assessed $16.00 per month to be
placed in the Retiree Health Insurance Account. This account will be used
to fund the Retiree Health Insurance Account. This account will be used
to fund the City's contribution toward retiree premiums and the City's costs
for the Public Employee's Contingency Reserve Fund and the
Administrative Costs. However, there is no requirement that these funds
be used exclusively for this purpose nor any guarantee that they will be
sufficient to fund retiree health costs, although they will be used for
negotiated employee benefits.
3. Health Insurance Benefits for Domestic Partners
The City has adopted a resolution electing to provide health insurance
benefits to domestic partners (Section 22873 of the Public Employees'
Medical and Hospital Care Act [PEMCHAD.
4. Dental and Vision Insurance/Dependent _ Coverage
Employees will be required to participate in the City's dental and vision
plans at the "employee only' rate. Should they elect to cover dependents
in the City's dental and vision plans, they may do so, even if they do not
have dependent coverage under the ,PERS medical plan.
C. LIFE INSURANCE
Employees shall pay for life insurance coverage of Fifty Thousand Dollars
($50,000). The effective date of the increase. will depend on approval from
Standard Insurance Company.
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D. MEDICAL PLAN REVIEW COMMITTEE
The Association shall appoint two voting representatives to serve on a Medical
Plan Review Committee. In addition, the Association may appoint one non-
voting representative to provide a wider range of viewpoint for discussion. The
vote of each voting representative shall be weighted according to the number of
employees represented by the association.
1. DUTIES AND OBLIGATIONS OF THE MEDICAL PLAN REVIEW
COMMITTEE
a. Review and suggest changes for the City's flexible benefits plan
and the insurance plans offered under the MOA
b. Submit to the City and its employee associations recommendations
on proposed changes for the City's flexible benefits plan and the
insurance plans offered under the MOA;
C. Disseminate information and educate employees about the City's
flexible benefits plan and the insurance plans offered under the
MOA;
d. Participate in other related assignments requested by the City and
its employee associations.
2. MISCELLANEOUS
a. The actions of the Medical Plan Review Committee shall not
preclude the Association and the City from meeting and
conferring.
b. No recommendation of the Medical Plan Review Committee on
matters within the scope of bargaining shall take effect before
completion of meet and confer requirements between the City and
Association.
C. If changes to the City's flexible benefits plan, or Cafeteria Plan, are
subject to meet and confer requirements, the City and the
Association agree to meet and confer in good faith.
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d. In performing its duties, the Medical Plan Review Committee may
consult independent outside experts. The City shall pay any fees
incurred for this consultation, provided that the City has approved
the consultation and fees in advance.
E. City agrees to continue its contribution to the Cafeteria Plan for two (2) pay
periods in the event that an employee has exhausted all paid time off due to an
employee's catastrophic illness. That is, the employee shall receive regular City
health payment benefit for the first two pay periods following the pay period in
which the employee's accrued vacation and sick leave balances reach zero (0).
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A. COVERAGE
1 3
ARTICLE 17
LONG TERM DISABILITY INSURANCE
All employees shall be covered by Long Term Disability Insurance (LTD).
B. COST OF LTD
The employee shall pay all costs of the program, which the City shall deduct from
employees' paychecks.
C. ACCUMULATION OF BENEFITS
Time -in- service and other City benefits will only accrue when- an employee is on
City -paid time.
D. COORDINATION OF BENEFITS
1. LTD payments shall be coordinated with accumulated paid time so that
take home pay will not exceed regular take home pay. Paid time is
defined as vacation, sick leave, CTO, and holiday.
2. The coordination of payments will be administered by the City. The
employee must take his /her uncashed LTD benefit check to Finance.
a. Determination of the use of paid time for coordination of benefits,
shall be made by the City. Employees on disability leave shall be
required to use all accumulated paid time prior to using unpaid
time.
b. Employees who receive LTD benefits shall receive credit for a
portion of the paid leave used to cover their absence. To
determine the credit, the amount of their LTD benefit shall be
divided by their base hourly rate multiplied by 1.4. The credit shall
be prorated if the employee has any non -paid time during the pay
period. To receive the credit, the employee must sign his /her LTD
benefit check over to the City.
EXAMPLE: Employee uses 80 hours of sick leave.
Employee receives $384 from LTD.
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Employee's hourly rate is $9.67.
1.4x$9.67 = $13.54
$384 / $13.54 = 28.36 hours.
The employee receives a credit of 28.36 hours.
E. ACCRUAL OF BENEFITS WHILE ON LTD LEAVE
1. If an employee has no paid time at the beginning of a pay period, the
employee shall neither accrue vacation or sick leave, nor shall the
employee receive his /her regular City health payment benefit except as
provided in #3 below. To continue health insurance, the employee must
pay the entire cost of his /her health coverage forthat pay period.
2. If an employee has at least sixteen hours of paid time at the beginning of a
pay period, the employee shall receive his /her regular vacation and sick
leave accruals.
3. If an employee has any paid time at the beginning of a pay period, the
employee shall receive his /her regular City health payment benefit for that
pay period. For continuance of medical insurance see Insurance and
Refund, Article 16, Section E.
F. WITHDRAWAL FROM LTD
If this unit chooses to withdraw from LTD after the required two (2) years
membership, it must present a majority petition indicating such desire.
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HOLIDAYS
The following days of each year are designated as paid holidays:
January 1 - New Year's Day
Third Monday in January - Martin Luther King Jr. Birthday
Third Monday in February - Presidents' Day
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
November 11 - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
December 25 - Christmas
One -half day before Christmas
One -half day before New Year's Day
Two Floating Holidays
When a holiday falls on a Saturday, the preceding Friday shall be observed. When a
holiday falls on a Sunday, the following Monday shall be observed. A holiday shall be
defined as eight (8) hours of paid time off for regular full -time employees.
Floating holiday accrual: An individual employed on a floating holiday (FH) accrual
date shall be credited with eight (8) hours of additional vacation. Use, carry -over,
accumulation, etc. of such vacation shall be subject to the same rules and procedures
that cover all accrued vacation.
The two floating holidays will be accrued January 1 and July 1.
25
ARTICLE 19
SICK.LEAVE
A. Sick leave shall be defined as absence from duty because of illness or off- the -job
injury, or exposure to contagious diseases as evidenced by certification from an
accepted medical authority.
B. Rules governing sick leave:
1. Each incumbent of a line -item position shall accrue sick leave with pay at
the rate of twelve (12) days or the prorated shift equivalent per year of
continuous service.
2. Sick leave may be used after the completion of the month of service in
which it was earned.
3. Sick leave shall begin with the first day of illness..
4. Department heads shall be responsible to the City Administrative Officer
for the uses of sick leave in their departments.
5. A department head shall require written proof of illness from an authorized
medical authority at the employee's expense for sick leave use in excess
of five (5) consecutive working days by personnel in his /her department.
Such proof may be required for periods less than five (5) consecutive
working days where there exists an indication of sick leave abuse.
6. Any employee who is absent because of sickness or other physical
disability shall notify his /her immediate supervisor or department head as
soon as possible but in any event. during the first day of absence. Any
employee who fails to comply with this provision, without having a valid
reason, will be placed on leave of absence without pay during the
unexcused absence and be subject to disciplinary action.
7. Any employee absent for an extended illness or other physical disability
may be required by the Human Resources Director to have an
examination by the City's medical examiner, at City expense, prior to
reinstatement to the City service.
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8. An appointing authority, subject to approval of the Human Resources
Director, may require any employee to be medically examined where
reasonable cause exists to believe that an employee has a medical
condition which impairs his /her job effectiveness or may endanger the
health, safety or welfare of the employee, other employees, or the public.
Employees who are judged to be physically incapable of meeting normal
requirements of their positions may be placed in a classification of work for
which they are suitable when a vacancy exists, or may be separated for
physical disability.
9. In the event that an employee's sick leave benefits become exhausted
due to illness or exposure to contagious disease, the employee shall
revert to a status of leave of absence without pay and be subject to the
provisions of the Personnel Rules unless eligible to participate in the City's
Catastrophic Leave Policy. For continuation of medical insurance see
Insurance and Refund, Article 17, Section E.
10. The right to benefits under the sick leave plan shall continue only during
the period that the employee is employed by the City. This plan shall not
give any employee the right to be retained in the services of the City nor
any right of claim to sickness disability benefits after separation from the
services of the City. When an employee receives compensation under the
Worker's Compensation Act of California, such compensation received
shall be considered part of the salary to be paid to the employee eligible
for such payments as required by state law. The amount paid by the City
shall be the difference between the amount received by the employee
from the City's compensation insurance coverage and the eligible
. . employee's regular rate of pay.
11. Notwithstanding anything contained in this section, no employee shall be
entitled to receive any payment or other compensation from the City while
absent from duty by reason of injuries or disability received as a result of
27
a
engaging in employment other than employment by the City for monetary
gain or other compensation other than business or activity connected with
his /her City employment.
12. Accumulation of sick leave days shall be unlimited.
13. Upon termination of employment by death or retirement, a percentage of
the dollar value of the employee's accumulated sick leave will be paid to
the employee, or the designated beneficiary or beneficiaries according to
the following schedule:
(a) Death - 30%
(b) Retirement and actual commencement of PERS benefits:
(1) After ten years of continuous employment -10%
(2) After fifteen years of continuous employment -15%
(3) After twenty years of continuous employment —20%
(4) After twenty -five years of continuous employment — 25%
(5) After thirty years of continuous employment — 30%
`4.
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ARTICLE 20
BEREAVEMENTLEAVE
J;
At each employee's option, sick leave may be used to be absent from duty due to the
death of a member of the employee's immediate family, meaning spouse /domestic
partner, child, brother, sister, parent, parent -in -law, step- parent, step- brother,
step- sister, grandparent, or any other relative living in the same household, provided
such leave as defined in this section shall not exceed five (5) working days (40 hours)
for each incident. The employee may be required to submit proof of relative's death
before being granted sick leave pay. False information concerning the death or
relationship shall be cause for discharge.
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ARTICLE 21
FAMILY LEAVE
A. An employee may take up to two (2) days (16 hours) of sick leave per year if
required to be away from the job to personally care for a member of his /her
immediate family.
B. An employee may take up to five (5) days (40 hours) of sick leave per year if the
family member is part of the employee's household.
C. An employee may take up to seven (7) days (56 hours) of sick leave per year if
the family member is part of the employee's household and is hospitalized.
The employee shall submit written verification of such hospitalization.
D. For purposes of this article, immediate family is defined as spouse /domestic
partner, child, brother, sister, parent, parent -in -law, step - parent, step- brother,
step- sister, grandparent, or any other relative living in the same household.
E. The amounts shown in A, B, and C above are annual maximums, not maximums
per qualifying family member.
F. If the family member is a child, parent or spouse /domestic partner, an employee
may use up to 48 hours annually to attend to the illness of the child, parent, or
spouse, instead of the annual maximums in paragraphs A. and B. above, in
accordance with Labor Code Section 233.
F. In conjunction with existing leave benefits, employees with one year of City
service who have worked at least 1280 hours in the last year, may be eligible for
up to 12 weeks of Family /Medical Leave within any 12 month period.
Family /Medical Leave can be used for:
1. A new child through birth, adoption or foster care (maternal or
paternal leave).
2. A seriously ill child, spouse or parent who requires hospitalization or
continuing treatment by a physician.
3. Placement of an employee's child for adoption or foster care.
[Cie]
4. A serious health condition which makes the employee unable to
perform the functions of his or her position.
This leave shall be in addition to leave available to employees under the existing
four month Pregnancy - Disability Leave provided by California law. Paid leave, if
used for family leave purposes or personnel illness, will be subtracted from the 12
weeks allowed by the Family /Medical Leave Program. Employees must use all
available vacation, compensatory time and administrative leave and, if
appropriate, sick leave prior to receiving unpaid Family /Medical Leave.
Employees on Family /Medical Leave will continue to receive the City's
contribution toward the cost of health insurance premiums. However, employees
who receive cash back under the City's Flexible Benefit Plan will not receive that
cash during the Farnily %Medical Leave. Only City group health insurance
premiums will be paid by the City.
If an employee does not return to work following Family /Medical leave, the City
may collect from the employee the amount paid for health insurance by the City
during the leave. There are two exceptions to this rule:.
1. The continuation of a serious health condition of the employee or a
covered family member prevents the return.
2. Circumstances beyond the employee's control.
Further details on Family /Medical Leaves, are available through the City's "Guide
to Family /Leave Program."
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ARTICLE 22
VACATION LEAVE
A. Each incumbent of a 40 hour a week line -item position shall accrue vacation
leave with pay at the rate of 12 days (96 hours) per year of continuous service
since the benefit date for the first five years, 15 days (120 hours) per year upon
completion of five years, 18 days (144 hours) per year upon completion of ten
years; and 20 days (160 hours) upon completion of twenty years.
B. An incumbent is not eligible to use accrued vacation leave until it has been
accrued, and approved as provided below.
C. A regular employee who leaves the City service shall receive payment for any
unused vacation leave.
D. It is the employee's responsibility to request and use vacation leave in a manner
that neither jeopardizes their vacation balance nor the efficiency of the work unit.
Vacation schedules must be reviewed by management prior to the scheduled
vacation. Vacation schedules will be based upon the needs of the City and then,
insofar as possible, upon the wishes of the employee. Management may not
deny an employee's vacation request if such denial will result in. the loss of
vacation accrual by the employee, except 'that, management may approve a
two -month extension of maximum vacation accrual. In no event shall more than
one such extension be granted in any calendar year.
E. Any employee who is on approved vacation leave and becomes eligible for
sick leave, as defined in Section 2.36.420 of the Municipal Code, may have such
time credited as sick leave under the following conditions;.
1. A physician's statement certifying that illness, injury or exposure to
contagious disease has occurred is presented to the supervisor
upon returning to work.
2. The vacation leave immediately ends and the employee reports to
work following the end of sick leave usage. (Ordinance No, 782 -
1978 Series)
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F. Vacation leave shall be accrued as earned through the last pay day in December,
up to a maximum of twice the annual rate.
G. All employees in this unit are eligible, once annually in December, to request
payment for up to forty (40) hours of unused vacation leave provided that an
employee's overall performance and attendance practices are satisfactory.
Employees must have eighty (80) hours of accrued vacation leave to be eligible..
Upon request, vacation sellback payments shall be made by separate check.
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ARTICLE 23
WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on- the -job injury in accordance with
state workers' compensation law and is not eligible for disability payments under Labor
Code Section 4850 shall be paid the difference between his /her base salary and the
amount provided by workers' compensation during the first 90 business days of such
temporary disability absence. Eligibility for workers' compensation leave requires an
open workers' compensation claim.
For continuation of medical insurance see Insurance and Refund, Article 17, Section E.
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ARTICLE 24
WORK SCHEDULE
This article is intended to define the normal hours of work and shall not be construed
as a guarantee of hours of work per day, nor hours of work per week, nor of days of
work per week.
Employees shall be scheduled to work on regular workshifts having regular starting
and quitting times. Except for emergencies, employees' workshifts shall not be
changed without reasonable prior written notice to the employee and the Human
Resources Director. Neither callback nor overtime constitutes a change in workshift.
All references to accrual of vacation, holiday or sick leave in the Agreement shall be
interpreted as one (1) day being equivalent to eight (8) hours.
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ARTICLE 25
PROBATION PERIOD
All new appointments in line -item positions in the classified service shall be subject to a
probationary period of one year. Promotions or transfers to line -item positions within
the general unit in the classified service shall be subject to a probationary period of six
months. The probationary period may be extended or reinstated if further employee
evaluation is deemed necessary for up to six months upon the written recommendation
of the department head and the written approval of the human resources director.
Employees not successfully passing a promotional or transfer probation or voluntarily
requesting to have the promotion rescinded during the first 90 calendar days of the
probationary period shall be returned to their previously held position without notice or
hearing. If the cause for not passing probation was sufficient grounds for dismissal,
the employee shall be subject to dismissal without reinstatement to the lower position.
If no vacancy exists, the name of the employee may be placed on a Reemployment
List per Article 28, Layoffs, section B.
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ARTICLE 26
AMERICANS WITH DISABILITIES ACT
The City and Association acknowledge the passage of the Americans with Disabilities
Act. It is agreed that the City shall take all necessary actions to comply with the
provisions of this Act. If necessary, sections of this Memorandum of Agreement and /or
the City Personnel Rules may be suspended in order to achieve compliance.
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ARTICLE 27
TDA AIQCCD
A. TRANSFER REQUEST
Employees who want to transfer may notify the City by filing a form with the
Human Resources Department. Such form shall be developed and made
available by the Human Resources Department.
B. TRANSFER PROCESS
Upon proper notice and concurrence by the City Administrative Officer, an
employee may be transferred by the appointing authority from one position -to
another in the same pay range provided he /she possesses the minimum
qualifications as determined by the Human Resources Director.
If the transfer involves a change from one department to another, both
department heads must consent thereto unless the City Administrative Officer
orders the transfer for purposes of economy and efficiency.
The employee shall be given five (5) business days' written notice of the transfer
including the reason for the change.
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ARTICLE 28
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LAYOFF PROCEDURE
In accordance with Personnel Rule 2.36.280, the City Council of San Luis Obispo shall
determine when and in what position or classifications layoffs are to occur. The
Human Resources Director shall be responsible for the implementation of a layoff
order of the City Council in accordance with the procedures outlined below:
A. After determining which job classification within a department shall be laid
off, the order of layoffs shall be as follows:
1. Temporary and contract employees, in the order to be determined
by the appointing authority;
2. Probationary employees (promotional probation excluded), in the
order to be determined by the appointing authority;
For regular employees, layoffs .shall be governed by job performance and
seniority in service within a. particular department and job classification.
For the purpose of implementing this provision, job performance
categories shall be defined as follows:
Category 1:
Performance that is unsatisfactory, below standard, needs
improvement, unacceptable or does not meet minimum standards.
Performance defined by this category is evidenced by the
employee's two most recent performance evaluations with an
overall rating that falls within the lowest two categories of the
performance appraisal report.
Category 2:
Performance that is competent, superior, meets expectations,
meets performance standards, exceeds performance standards
and expectations or is outstanding. Performance defined by this
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category is evidenced by an employee's two most recent
performance evaluations with an overall rating that falls within the
top two or three performance categories of the performance
appraisal.
A regular employee being laid off shall be that employee with the
least seniority in the particular job classification concerned and in
the department involved who is in the lowest job performance
category. Employees in. Category 1 with the lowest seniority will be
laid off first, followed by employees in Category 2. Should the two
performance evaluations contain overall ratings that are in the two
different Categories as defined above, the third most recent
evaluation overall rating shall be used to determine which
performance category the City shall use in determining order of
layoffs.
a. In the event two or more employees in the same job
classification are in the same job performance category, the
employee with the least amount. of service with the City shall
be laid off first.
b. Transfer to another department in lieu of layoff is authorized
upon approval of the department needs, if there is a vacancy
and the employee meets the minimum job requirements.
C. Regular part time employees shall receive prorated seniority
credit.
B. Laid Off Employees on Reemployment List.
The names of employees who have been laid off shall be placed on the
appropriate Reemployment List for one year. The recall of employees will
be in reverse order of layoff, depending upon City requirements.
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Reemployment lists shall be used for filling those classes requiring
substantially the same minimum qualifications, duties and responsibilities
of the class from which the layoff was made.
C. Appointment of Laid =Off Employees to Vacant Class.
An appointing authority may, with the approval of the department head
and the Human Resources Director and in agreement with the employee,
appoint an employee who is to be laid off to a vacancy in a vacant class for
which he or she is qualified.
D. Employee reassignments (bumping procedure):
1. Employees who have been promoted during their service with the
City may bump back one classification in their career series, or to a
position within a classification they formerly held, if there is an
employee in the lower previously held classification with less
seniority than the employee who wants to bump. Seniority for the
purpose of this section shall mean time in the position in the lower
classification plus time in other classifications. For example, (1) an
employee attempting to bump to Accounting Assistant II from
Accounting Assistant III would utilize their combined time as a li and
III in determining whether or not they had more seniority than an
individual in the II classification. (2) An employee attempting to
bump to a Parks Worker II from a Street Painter position would
utilize their combined time in each respective position to determine
seniority.
2. Reassignment rights may be exercised only once in connection with
any one layoff, and shall be exercised within seven (7) calendar
days from the date of the notice of the layoff, by written notice from
the employee.
3. The bumping right shall be considered exercised by the
displacerrient of another employee with lesser total service or by the
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acceptance of a vacant position in the class with the same or lower
salary.
4. Full time and part time regular employees shall have bumping
rights for either full time regular or part time regular positions.
5. Notwithstanding the foregoing, if the City Administrative Officer
determines that the public interest will not be served by application
of the above criteria, the City Administrative Officer may depart
therefrom on the basis of a clearly demonstrable superiority in
performance and /or qualifications.
6. Employees on layoff shall be offered reemployment in the inverse
order of layoff, provided no intervening factors have occurred which
essentially change the ability of the employee to perform the offered
employment.
E. Employment programs with special requirements will be administered in
accordance with appropriate Federal or State guidelines and directives.
F. The City will notify recognized employee organizations of the effective
date of any reduction in force concurrent with the notice to the affected
employee(s) pursuant to G, below.
G. Notice of Layoff to Employees.
An employee to be laid -off shall be notified in writing of the impending
action at least thirty (30) calendar days in advance of the effective date of
the lay -off. The notice shall include the following information:
1. Reason for lay -off.
2. Effective date of layoff.
3. Employee rights as provided in these rules.
H. _ Removal of Names From Reemployment Lists.
The Human Resources Director may remove an employee's name from a
reinstatement list if any of the following occur:
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1. The individual indicates that he /she will be unable to return to
employment with the City during the life of the list; or
2. The individual cannot be reached after reasonable efforts have
been made to do so. The City shall utilize certified mail when
contacting individuals; or
3. The individual refuses two reemployment offers. Individuals shall
have ten (10) days to respond to the offer of reemployment and an
additional fourteen (14) days to return to work.
K. Employee Rights And Responsibilities.
In addition to rights identified herein, employees affected by these
procedures shall also have the following rights:
1. Through prior arrangement with his /her immediate supervisor an
employee who has been notified of his /her impending layoff shall be
granted reasonable time off without loss of pay to participate in a
prescheduled interview or test for other employment.
2. An employee who has been laid off shall be paid in full for his /her
unused accrued vacation leave on the effective date of the layoff.
3. When an individual is reemployed he /she shall be entitled to:
a. Retain his /her seniority date.
b. Accrue vacation leave at the same rate at which it was accrued
at the time of the layoff.
c. Have any unused sick leave reinstated.
An individual reemployed into the job classification from which he /she was laid off shall
be assigned to the same salary range and step he /she held at the time of the layoff.
An individual reemployed into a job classification other than the classification from
which he /she was laid off shall be assigned to the salary range of the, new classification
at the amount closest to the salary he /she earned at the time of the layoff. An
individual reemployed into the classification from which he /she was laid off while still a
probationary employee shall complete, upon return to the job, the remaining portion of
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his /her probationary period, if any, in effect at the time of the layoff. Similarly, an
individual who is reemployed shall complete upon return to the job the same work time
he /she would have had to work at the time of the layoff to attain a higher vacation
leave accrual rate or to become eligible for a salary step increase, if such changes are
possible.
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ARTICLE 29
LIGHT DUTY ASSIGNMENT
If an employee's medical condition temporarily precludes the performance of his /her
normal duties and management determines modified work is available and necessary
to be performed, he or she may, with medical authorization, be temporarily assigned to
such work for a period not to exceed six months. No change in base pay will result
unless the duties to be performed are substantially greater or lesser than those
normally performed by the employee and the employee's current pay rate is not within
the pay range for the temporarily assigned work. In no event shall any employee's
current pay rate be reduced more than four (4) ranges at the same step.
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ARTICLE 30
CLASS "A & B" PHYSICALS
The City will pay for costs for physical exams not covered by City insurance policies
required for those employees required by the City to hold valid Class "A or B" California
drivers licenses.
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ARTICLE 31
UNIFORM AND UNIFORM ALLOWANCE.
A. All employees required to wear City uniforms shall be provided clean uniforms. A
uniform includes either one shirt and pants combination or one pair of coveralls.
B. Uniforms and work shoes shall only be used on City business.
C. Employees required to wear City uniforms shall only be permitted to wear other
clothing for medical reasons upon submission of a letter from the city doctor
certifying that the city uniform is injurious to their health. Decisions regarding this
paragraph shall be made by the Human Resources Director on a case -by -case
basis.
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ARTICLE 32
SAFETY PROGRAM
The City shall continue a compensation program for safety representatives on the
basis that each designated safety member shall be compensated at the rate of $10.00
per month. The description of the duties of a safety committee member shall be
designed by the Human Resources Director or his /her designee. The intent of the
safety representatives is to assist the Human Resources Director and the overall safety
program in reducing accidents by reporting hazardous conditions.
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ARTICLE 33
EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the activities
of employee organizations of their own choosing for the purpose of representation on
all matters of employer- employee relations including but not limited to, wages, hours
and other terms and conditions of employment. Employees of the City also shall have
the right to refuse to join or participate in the activities of employee organizations and
shall have the right to represent themselves individually in their employment relations
with the City. No employee shall be interfered with, intimidated, restrained, coerced or
discriminated against because of the exercise of these rights.
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ARTICLE 34
GRIEVANCE PROCEDURE
A grievance is defined as an alleged violation, misinterpretation or misapplication of the
employer - employee resolution, the Personnel Rules and Regulations, any
Memorandum of Agreement, excluding disciplinary matters, or any existing written
policy or procedure relating to wages, hours or other terms and conditions of
employment excluding disciplinary matters.
Each grievance shall be handled in the following manner:
A. The employee who is dissatisfied with the response of the immediate supervisor
shall discuss the grievance with the supervisor's immediate superior. The
employee shall have the right to choose a representative to accompany him /her
at each step of the process. If the matter can be resolved at that level to the
satisfaction of the employee, the grievance shall be considered terminated.
B. If still dissatisfied, the employee may submit the grievance in writing to the
department head for consideration, stating the facts on which it was based,
including the provision of the rules, regulations, or agreement said to be
violated, and the proposed remedy. This action must take place within fifteen
(15) business days of the response of the supervisor's immediate superior but in
no event later than thirty (30) calendar days after the occurrence of the event
giving rise to the grievance. The department head shall promptly consider the
grievance and render a decision in writing within fifteen (15) business days of
receiving the written grievance. If the employee accepts the department head's
decision, the grievance shall be considered terminated.
C. If the employee is dissatisfied with the department head's decision, the
employee may immediately submit the grievance in writing to the Human
Resources Director within seven (7) business days of receiving the department
head's decision. The Human Resources Director shall confer with the
employee and the department head and any other interested parties, and shall
conduct such other investigations as may be advisable.
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D. The results of findings of such conferences and investigations shall be
submitted to the City Administrative Officer in writing within fifteen (15) business
days of receiving the employee's written request. The City Administrative
Officer will meet with the employee if the employee so desires before rendering
a decision with respect to the complaint. The City Administrative Officer's
decision and reason if denied shall be in writing and given to the employee
within twenty (20) business days of receiving the Human Resources Director's
results and findings. Such decision shall be final unless employee desires the
Personnel Board to review the decision. If such is the case, the employee will
have ten (10) business days following receipt of the City Administrative Officer's
decision to submit a written request to the Personnel Board through the Human
Resources Director for a review of the decision. The Personnel Board within
thirty (30) business days shall review the record and either (1) issue an advisory
opinion to the City Administrative Officer, or (2) conduct a hearing on the matter.
If a hearing is held, an advisory opinion shall be rendered by the Board within
ten (10) business days of the close of such hearing. If an opinion signed by at
least three (3) members of the Personnel Board recommends overruling or
modifying the City Administrative Officer's decision, the City Administrative
Officer shall comply or appeal this recommendation to the City Council. Such
appeal shall be filed with the City Clerk within three (3) business days of the
Board's action. If appealed, the City Council shall review the case on the record
and render a final decision within thirty (30) business days of submittal.
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ARTICLE 35
REPRESENTATIVE -ROLE
Members of any recognized employee organization may, by a reasonable method,
select not more than three employee members of such organization, one employee
observer, and the Association President to meet and confer with the Municipal
Employee Relations Officer and other management. officials (after written certification
of such selection is provided by an authorized official of the organization) on subjects
within the scope of representation during regular duty or work hours without loss of
compensation or other benefits.
The employee organization shall, whenever practicable, submit the. name(s) of each
employee representative to the Municipal Employee Relations Officer at least two
working days in advance of such meeting. Provided further:
(1) That no employee representative shall leave his or her duty or work station
or assignment without specific approval of the department head or other
authorized City management official. If employee representatives cannot,
be released, date of meeting will be rescheduled in accordance with item
2 below.
(2) That any such meeting is subject to scheduling by City management
consistent with operating needs and work schedules. Nothing provided herein,
however, shall limit or restrict City management from scheduling such meetings before
or after regular duty or work hours.
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ARTICLE. 36
COMMITTEE REPRESENTATION
A. If the Director of Human Resources establishes a committee to study possible
changes which will affect significant numbers of employees in the unit in subjects
within the scope of representation, and if the Human Resources Director includes
unit members on the committee, such committee members shall be designated
by the Human Resources Director after consultation with the Association.
This unit shall have the same number of committee members as each other unit
has.
B. Two representatives of the bargaining unit designated by the Association and two
representatives of management designated by the City shall meet on an as-
needed basis to discuss issues of concern to the parties.
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ARTICLE 37
DUES DEDUCTION /AGENCY SHOP
DUES DEDUCTION
The City shall deduct dues from City employees and remit said dues to the Association
on a bi- weekly basis for the duration of this Agreement. These dues shall not include
assessments. Bi- weekly dues deduction additions and /or deletions shall be recorded
by the City's Finance Director and a notification of all dues transactions shall be sent
bi- weekly to the Association Treasurer.
AGENCY SHOP
This Agency Shop provision went into effect following certification of the election
results by the State. Mediation and Conciliation Services on October 11, 2005. Agency
Shop as used in this article means an organizational security agreement as defined in
Government Code Section 3502.5 and applicable law..
Each employee in this bargaining unit shall be required to choose one of the following
options:
1) become a member in good standing of the Association.
2) pay to the association an agency fee in an amount which does not exceed
the amount that may be lawfully collected under applicable constitutional,
statutory and case law. This amount shall be equal to or less than the
monthly dues paid by members of the Association during the term of this
MOA. Such paymentsshall be made by payroll deduction. The Association.
represents that the collection, administration and use of agency fee funds
shall be in conformance with the law.
3) Pursuant to Government Code Section 3502.5 (c), any employee who is a.
member of a religious body whose traditional tenets or teachings include
objections to joining or supporting employee organizations shall not be
required to meet the above agency fee obligations, but shall pay by means
of mandatory payroll deduction an amount equal to the agency shop fee to a
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non - religious, non -labor charitable organization exempt from taxation under
Section 501 (c) 3 of the Intemal Revenue Code, as designated by the
employee.
To qualify for the religious exemption the employee must provide to the
Association, with a copy to the City, a written statement of objection, along
with verifiable evidence of membership as described above.
New employees must make the required choice within 30 days of employment in the
unit. The agency fee shall be automatically deducted for those employees who fail to
comply with the agency shop provision within the time limits prescribed.
The Association shall indemnify, defend and hold harmless the City and its officers,
employees and agents from and against any and all claims, proceedings, settlements
and /or liability regarding the legality of this Article or any action taken or not taken by or
on behalf of the City under this Article. The Association will further indemnify the City
against any unusual costs in implementing these provisions. The Association shall
refund to the City any amount paid to it in error upon presentation of supporting
evidence.
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ARTICLE 38
COPIES OF AGREEMENT
Parties agree City shall provide thirty (30) copies of the Agreement to the Association.
Association shall pay 1/2 City's actual cost. Parties shall consult concerning size and
format of printed agreement and concerning who does the printing of the agreement.
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ARTICLE 39
MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the
mission of its constituent departments, commissions and boards; set standards of
service; determine the procedures and standards of selection for employment and
promotion; direct its employees; take disciplinary action; relieve its employees from
duty because of lack of work or for other legitimate reasons; maintain the efficiency of
governmental operations; determine the methods, means and personnel by which
government operations are to be conducted; determine the content of job
classifications; take all necessary actions to carry out its mission in emergencies; and
exercise complete control and discretion over its organization and the technology of
performing its work.
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ARTICLE 40
PEACEFUL PERFORMANCE.
If an employee participates in a strike or a concerted work stoppage, the City may
apply discipline up to and including discharge. However, nothing herein shall be so
construed as to affect the right of any employee to abandon or to resign his
employment.
A. Employee organizations shall not hinder, delay, or interfere, coerce
employees of the City to hinder, delay, or interfere with the peaceful
performance of City services by strike, concerted work stoppage,
cessation of work, slow =down, sit -down, stay -away, or unlawful picketing.
B. In the event that there occurs any stake, concerted work stoppage, or any
other form of interference with or limitation of the peaceful performance of
City services prohibited by this article, the City, in addition to any other
lawful remedies of disciplinary actions, may by action of the Municipal
Employee Relations Officer cancel any or all payroll deductions, prohibit
the use of bulletin boards, prohibit the use of City facilities, and withdraw
recognition of the employee organization or organizations participating in
such actions.
C. Employees shall not be locked out or prevented by management officials
from performing their assigned duties when such employees are willing
and able to perform such duties in the customary manner and at a
reasonable level of efficiency, provided there is work to perform.
Any decision made under the provisions of the Article may be appealed to the City
Council by filing a written Notice of Appeal with the City Clerk, accompanied by a
complete statement setting forth all of the facts upon which the appeal is based. Such
Notice of Appeal must be filed within ten (10) working days after the affected employee
organization first received notice of the decision upon which the complaint is based, or
it will be considered closed and not subject to any other appeal.
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ARTICLE 41
FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all
negotiable issues between the City and the Association. The Agreement supersedes
all previous Memoranda of Understanding or Memoranda of Agreement between the
City and the Association except as specifically referred to in this Agreement. The
parties, for the term of this Agreement, voluntarily and unqualifiedly agree to waive the
obligation to negotiate with respect. to any practice, subject or matter not specifically
referred to or covered in this Agreement even though such practice, subject or matter
may not have been within the knowledge of the parties at the time this Agreement was
negotiated and signed. In the event any new practice, subject or matter arises during
the term of this Agreement and an action is proposed by the City, the Association shall
be afforded notice and shall have the right to meet and confer upon request.
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ARTICLE 42
SAVINGS CLAUSE
iD
If any provision of this Agreement should be held invalid by operation of law or by any
court of competent jurisdiction, or if compliance with or enforcement of any provision
should be restrained by any tribunal, the remainder of this Agreement shall not be
affected thereby, and the parties shall enter into a meet and confer session for the sole
purpose of arriving at a mutually satisfactory replacement for such provision within a
thirty (30) day work period. If no agreement has been reached, the parties agree to
invoke the provision of impasse under Section 13 of City Resolution No. 6620.
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ARTICLE 43
AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Agreement:
A. The Association's principal authorized agent shall be the President
(address: 990 Palm Street, San Luis Obispo, California 93401: (805)
781 - 7196).
B. Management's principal authorized agent shall be the Human Resources
Director or his /her duly authorized representative (address: 990 Palm
Street, San Luis Obispo, CA 93401 -3249; telephone: (805) 781- 7250).
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ARTICLE 44
SIGNATURES
Classifications covered by this Agreement and included within this unit are shown in
Appendix "A ".
This Agreement becomes effective (Council Agenda Date), as witnessed hereto by the
following parties:
CITY OF SAN LUIS OBISPO
Richard Bolanos, City Un 'tultant
SAN LUIS OBISPO
CITY EMPLOYEES' ASSOCIATION
Paul Bechely, SLOCEA Consultant
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Monica Irons Ron Faria President/Date
Human Resources Director /Date
Other City Negotiating Team Members
Rachael Hendricks
Karen Jenny
Other SLOCEA Negotiating Team Members
Tim Girvin
Ed Humphrey
Madelyn Paasch
Randy Stevenson
Greg Zocher
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APPENDIX A
CLASSIFICATIONS
The classifications listed below are those classifications represented by the
Association and are presented alphabetically which does not illustrate job families
nor functional groupings as shown in previous MOA's.
Accounting Assistant I
Accounting Assistant II
Accounting Assistant III
Administrative Assistant I
Administrative Assistant II
Administrative Assistant III
Associate Planner
Biologist
Building Inspector
Building Maintenance Technician
Building Permit Coordinator
Chief Lab Analyst
Code Enforcement Officer
Engineer I
Engineer II
Engineer III
Engineering Technician I
Engineering Technician II
Engineering Technician III
Field Engineering Assistant
GIS Specialist I
GIS Specialist II
Heavy Equipment Mechanic
Heavy Equipment Operator I
Heavy Equipment Operator II
Industrial Waste Inspector
Information Systems Technician I
Information Systems Technician II
Information Technology Assistant
Laboratory Analyst SBP
• Maintenance Worker l
• Maintenance Worker II - Buildings
• Maintenance Worker II - Parks
• Maintenance Worker II - Streets
Maintenance Worker III - Parks
Maintenance Worker III - Streets
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Management Assistant
Parking Coordinator
Parking Enforcement Officer
Parking Meter Repair Worker
Parks Maintenance Technician
Permit Technician I
Permit Technician. 11
Planning Technician
Plans Examiner
Public Works Inspector
Radio Systems Technician
Recreation Coordinator I
Recreation Coordinator II
Senior Building Inspector
Signal and Street Lighting Technician
Street Maintenance Technician
Supervising Administrative Assistant
Telemetry & Instrumentation Technician
Transportation Assistant
Tree Trimmer I
Tree Trimmer II
Underground Utilities Locator
Urban Forest Technician /Arborist
Utilities Conservation Technician
Wastewater Collection System Operator SBP
Water Customer Service Personnel SBP
Water Distribution System Operator SBP
Water Reclamation Facility Chief Operator
Water Reclamation Facility Maintenance Technician SBP
Water Reclamation Facility Operator SBP
Water Supply Operator SBP
Water Treatment Plant Chief Operator
Water Treatment Plant Maintenance Technic_ ian SBP
Water Treatment Plant Operator SBP
Denotes positions within a career series.
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