HomeMy WebLinkAboutR-10648 Ratifying the MOU between the City and SLOCEA for Jan 1 2015 to June 30 2016RESOLUTION NO. 10648 (2015 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO,
CALIFORNIA, 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, 2015 THROUGH JUNE 30, 2016
WHEREAS, the San Luis Obispo City Employees' Association ( SLOCEA) are committed
to providing high quality service to the community and recognize the City's commitment to
fiscal responsibility; and
WHEREAS, the SLOCEA employees have demonstrated sensitivity to the fiscal challenges
facing the City for several years by agreeing to no across the board salary increases (e.g. "cost of
living" increases) since December 2010; and
WHEREAS, the City Council is committed to providing competitive compensation as
provided in the City's adopted Compensation Philosophy;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
the SLOCEA, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby
adopted and ratified.
SECTION 2. The City agrees to implementation of market equity adjustments for
specified classifications as set forth in Exhibit "B ", fully incorporated by reference.
SECTION 3. The Director of Finance and Information Technology shall adjust the
appropriate accounts to reflect the compensation changes.
SECTION 4. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Memorandum of Agreement approved by it to: Ron Faria, San Luis Obispo City
Employees' Association, and Monica Irons, Director of Human Resources.
Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Christianson, and on
the following roll call vote:
AYES: Council Members Carpenter, Christianson, and Rivoire,
Vice Mayor Ashbaugh, and Mayor Marx
NOES: None
ABSENT: None
Resolution No. 10648
The foregoing resolution was adopted this 7th day of July, 2015.
— 1/1-
Mayor J6 tarx
ATTEST:
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
Page 2
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this t' day of ,,tom) , zc ► 5
Resolution No. 10648
EXHIBIT A
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO
CITY EMPLOYEES' ASSOCIATION
JANUARY 1, 2015
Through
JUNE 30, 2016
;I Ij! 1 ;' ��' �I cl
F.,1 4,: ty of
San tUIS OBISPO
Page 3
Resolution No. 10648
EXHIBIT A Page 4
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
Standby .............................................. .............................10
8
Callback ............................................. .............................11
9
Work Out -Of- Classification ................. .............................12
10
Temporary Assignment ...................... .............................13
11
Bilingual Pay ...................................... .............................14
12
Payday ............................................... .............................15
13
Retirement ......................................... .............................16
14
Retiree Medical Trust ......................... .............................18
15
Insurance and Refund ....................... .............................19
16
Long Term Disability Insurance ......... .............................23
17
Holidays ........................................... ...............................
25
18
Sick Leave .......................................... .............................27
19
Bereavement Leave ........................... .............................30
20
Family Leave .... ...............................
31
21
Vacation Leave ................................ ...............................
33
22
Workers' Compensation Leave ......... ............. ................35
23
Work Schedule ... ............................... .............................3E
24
Probation Period .............................. ...............................
37
25
Americans with Disabilities Act ........ ...............................
38
26
Transfer ............................................ ...............................
39
27
Layoffs .............................................. ...............................
40
28
Modified Duty Assignment ................. .............................45
29
Class "A & B" Physicals ..................... .............................4E
30
Uniform and Uniform Allowance .... ........................... ....._47
31
Safety Program... ......................................................... -.
48
32
Employee Rights ................................ .............................49
Resolution No. 10648
EXHIBIT A
33
34
35
36
37
38
39
40
41
42
Appendix A
Appendix B
Grievance Procedure ......................... .............................50
Representative Role ........................ ...............................
52
Committee Representation .............. ...............................
54
Dues Deduction /Agency Shop ......... ............................... 55
ManagementRights ......................... ...............................
57
Peaceful Performance ..................... ...............................
58
FullAgreement ................................. ...............................
59
SavingsClause ................................ ...............................
60
Authorized Agents .................... . ....... .............................61
Signatures........................................ ...............................
62
Classifications .. ............................... .. .............................. 63
Skills Based Pay ....... ................... ............................... 65
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Resolution No. 10648
EXHIBIT A
ARTICLE 1
PARTIES TO AGREEMENT
Page 6
This Agreement is made and entered into this 7th day of July, 2015, 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.
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Resolution No. 10648
EXHIBIT A
ARTICLE 2
RECOGNITION
Page 7
Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620, the
City hereby recognizes the San Luis Obispo City Employees' Association as the
bargaining representative for purposes of representing regular and probationary
employees, occupying the position classifications set forth in Appendix A, in the General
Unit with respect to their compensation, hours and other terms and conditions of
employment for the duration of the Agreement.
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Resolution No. 10648
EXHIBIT A
ARTICLE 3
TERM OF AGREEMENT
Page 8
This Agreement shall become effective January 1, 2015, except that those provisions
which have specific implementation dates shall be implemented on those dates and shall
remain in full force and effect until midnight June 30, 2016.
Resolution No. 10648
EXHIBIT A
ARTICLE 4
RENEGOTIATION
Page 9
If the Association desires to negotiate a successor Agreement, then the Association shall
serve upon the City, during March of 2016, its written request to begin negotiations.
Negotiations shall begin within, but no later than, thirty (30) days from the date of receipt
of the notice. Parties may by mutual agreement modify the date for commencement of
negotiations.
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Resolution No. 10648
EXHIBIT A
ARTICLE 5
SALARY
Page 10
SECTION A Rules Governing Step Changes for Non - Skills Based Pay Employees
The following rules shall govern step increases for employees:
(1) The first step is the minimum rate and shall normally be the hiring rate for
the class. In cases where it is difficult to secure qualified personnel, or if a
person of unusual qualifications is hired, the Human Resources Director
may authorize hiring at any step.
(2) The second step is an incentive adjustment to encourage an employee to
improve 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 one year
service at the fourth step provided the advancement is recommended and
justified in writing by the department head and approved by the Human
Resources Director.
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Resolution No. 10648
EXHIBIT A
Page I I
(5) The above criteria for step increases apply except where other
arrangements are authorized by the City Manager.
(6) In applying the above rules, the next step shall be granted, other conditions
having been met, on the first day of the payroll period within which the
anniversary date occurs.
(7) Should the employee's salary not be increased, it shall be the privilege of the
department head and City Manager to reconsider such increase at any time
during the year.
(8) Each department head shall be authorized to reevaluate employees who
reach Step 5 in their pay range. An employee who is not performing up to
standard for the fifth step shall be notified in writing that the department
head intends to reduce 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.
(9) The guidelines for skills based pay classifications are set forth in Appendix
B.
SECTION B "Y" Ratinq
An employee who is not performing up to established job standards may be "Y" rated,
freezing his /her 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 either step increases or salary increases granted by the City
Council in a MOA resolution. The "Y" rating procedure shall not result (then or later) in
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Resolution No. 10648
EXHIBIT A
Page 12
the employee being frozen below the next lower step of the new range. For example, if
an employee is at step 4 when "frozen" his /her salary shall not ever be less than the
current step 3 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 Sala 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 following the date prescribed for all unit
members.
• 2% January 1, 2015
• 2% January 1, 2016
SECTION E Compensation Study Equity Adjustments
1. The parties agree to an equity adjustment as set forth below to be effective on the
first day of the first full payroll period in July 2015 for the following positions:
Associate Planner
Building Inspector 1
Building Inspector 11
7
2.6%
5.3
5.3%
Resolution No. 10648
EXHIBIT A
Database Administrator
8.1%
GIS Specialist 1
8.1%
GIS Specialist 11
8.1%
Information Technology Assistant
5.3%
Laboratory Analyst SBP
6.0%
Network Administrator
8.1%
Permit Coordinator
2.6%
Plans Examiner
2.6%
Wastewater Collections Systems Operator SBP
6.0%
Water Distribution Systems Operator SBP
6.0%
Water Resources Recovery Chief Main Tech 6.0%
Water Supply Operator SBP
6.0%
Water Treatment Plant Chief Operator
6.0%
Water Treatment Plant Maintenance Tech SBP
6.0%
Water Treatment Plant Operator SBP
6.0%
WRRF Chief Operator
6.0%
WRRF Maintenance Tech SBP
6.0%
WRRF Operators SBP
6.0%
Page 13
2. The parties agree to an equity adjustment as set forth below to be effective on
the first day of the first full payroll period in June 2016 for the following positions:
Laboratory Analyst SBP 6.0%
Wastewater Collections Systems Operator SBP 6.0%
Water Distribution Systems Operator SBP
6.0%
Water Resources Reclamation Chief Main Tech
6.0%
Water Supply Operator SBP
6.0%
Water Treatment Plant Chief Operator
6.0%
Water Treatment Plant Maintenance Tech SBP
6.0%
Water Treatment Plant Operator SBP
6.0%
WRRF Chief Operator
6.0%
WRRF Maintenance Tech SBP
6.0%
WRRF Operators SBP
6.0%
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Resolution No. 10648
EXHIBIT A
ARTICLE 6
OVERTIME
A. DEFINITION
Page 14
Overtime is defined as all hours preauthorized by management and worked by the
employee in excess of forty (40) hours worked in a work week.
All paid leave hours shall be counted as hours worked for purposes of calculating
overtime to include Vacation, Holiday, Sick Leave and CTO. All overtime shall
be authorized by the department head or designee 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 or designee 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 may be taken through
December 31St of each calendar year. Accumulated CTO not taken by midnight
December 31 st shall be compensated in cash at straight time.
Such compensation shall be paid in January of the following year.
Z
Resolution No. 10648
EXHIBIT A
ARTICLE 7
STANDBY
Page 15
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
(including alcohol consumption).
B. Employees 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. 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.
D. The parties agree that employees on standby, as defined above, are "waiting to be
engaged."
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Resolution No. 10648
EXHIBIT A
FA yWWE!W?l
A. DEFINITION
Page 16
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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Resolution No. 10648
EXHIBIT A
ARTICLE 9
WORK OUT -OF- CLASSIFICATION
A. OUT -OF -CLASS ASSIGNMENT
Page 17
For the purposes of this article, an out -of -class assignment is the full -time
performance of all the significant duties of an available, funded position in one
classification by an individual in a position in another classification. An employee
assigned in writing by management to work out -of -class in a position that is
assigned a higher pay range and is vacant pending an examination or is vacant
due to an extended sick leave, shall receive five percent (5 %), but in no case more
than the next higher 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 percent (5 %) 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 11 th day.
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Resolution No. 10648
EXHIBIT A
ARTICLE 10
TEMPORARY ASSIGNMENT
Page 18
An appointing authority may temporarily assign an employee to a different position for a
specific period of time not to exceed 90 days, after which the employee returns to 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 for a period of time not to exceed 90 days,
provided the employee has received 24 hours written notice which includes reasons for
the assignment. Employees who are subject to temporary assignment shall be
compensated in accordance to Article 9A.
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Resolution No. 10648
EXHIBIT A
ARTICLE 11
BILINGUAL PAY
Page 19
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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Resolution No. 10648
EXHIBIT A
ARTICLE 12
PAYDAY
Page 20
Payroll will be disbursed on a bi- weekly schedule. Payday will be every other Thursday.
This disbursement schedule is predicated upon normal working conditions and is subject
to adjustment for cause beyond the City's control. The City will not compel electronic
deposits.
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Resolution No. 10648
EXHIBIT A
ARTICLE 13
RETIREMENT
Page 21
A. Employees hired before December 6, 2012
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.
Effective the first full pay period in January 2014, employees covered by the 2.7%
at 55 plan will pay the full eight percent member contribution to PERS.
The employee pays to PERS their contribution; as allowed under Internal
Revenue Service Code Section 414 (h) (2) the contribution is made on a pre -tax
basis.
B. "Classic Members" hired on or after December 6, 2012
For "Classic Members" hired on or after December 6, 2012, the City will provide the
PERS 2% at 60 retirement plan using the highest three year average as final
compensation. The second tier formula will include the following amendments:
conversion of unused sick leave to additional retirement credit, the 1959 survivor's
benefit (4th level), the Military Service Credit option, and the Pre - Retirement Option
2 Death Benefit. Employees hired under this plan will pay the full member
contribution required under the plan, presently seven percent (7 %). CaIPERS
determines who is a "classic member' within the meaning of the California Public
Employees' Pension Reform Act (PEPRA).
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Resolution No. 10648
EXHIBIT A
Page 22
The employee pays to PERS their contribution; as allowed under Internal Revenue
Service Code Section 414 (h) (2) the contribution is made on a pre -tax basis.
C. New Members
For all employees who CaIPERS determines are "new members" within the
meaning of the PEPRA, the City will provide the PERS 2% at 62 retirement plan
using the highest three year average as final compensation.
Effective upon their date of hire, new members will pay 50% of the total normal cost
of the member contribution, as determined by CaIPERS.
The employee pays to PERS their contribution; as allowed under Internal Revenue
Service Code Section 414 (h) (2) the contribution is made on a pre -tax basis.
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Resolution No. 10648
EXHIBIT A
Page 23
ARTICLE 14
RETIREE MEDICAL TRUST
The Retiree Medical Trust was dissolved effective December 31, 2013.
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Resolution No. 10648
EXHIBIT A
ARTICLE 15
INSURANCE AND REFUND
A. CONTRIBUTION
Page 24
1. The City shall contribute the amounts as set forth below for Cafeteria Plan
benefits for each regular, full time employee covered by this agreement. Employees
shall be eligible for the City contributions set forth above based on number of
dependents they enroll in the PERS Medical Benefit Program. The Cafeteria Plan
amount is inclusive of mandatory dental and vision coverage. Less than full -time
employees shall receive a prorated share of the City's contribution.
Opt Out $ 200.00
Employee Only $ 492.00
Employee Plus One $ 973.00
Family $1,316.00
"Grandfathered" $ 790.00
Effective December 2015 (for the January 2016 premium) the City's total Cafeteria
Plan contribution shall be modified by an amount equal to one -half of the average
percentage increase 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 %, and +20% respectively, the City's contribution
would be increased by 7.5% (10% + 15% + 20% = 3 = 15% x 1/2).
2. Employees hired on September 1, 2008 or thereafter who elect not to be
covered and opt out of the City medical plan will be required to provide proof of
medical insurance elsewhere and receive a $200 per month cafeteria contribution.
3. Employees hired prior to September 1, 2008 who elected either employee
only medical coverage or who elect to opt out of the City medical plan with proof of
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Resolution No. 10648
EXHIBIT A
Page 25
medical insurance elsewhere shall be "grandfathered" in at the $790 per month
contribution amount.
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 $122.00 per month for active employees and retirees. 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 borne by the employees.
2. Health Insurance Coverage Optional Participation
Employees with proof of medical insurance elsewhere are not required to
participate in the PERS Health Benefit Program and may receive the unused
portion of the City's contribution (after dental and vision insurance premiums
are deducted) in cash in accordance with the City's Cafeteria Plan. Those
employees will also be assessed $16.00 per month to be placed in the
Retiree Health Insurance Account. This account will be used to fund the
Retiree Health Insurance Account. This account will be used to fund the
City's contribution toward retiree premiums and the City's costs for the Public
Employee's Contingency Reserve Fund and the Administrative Costs.
However, there is no requirement that these funds be used exclusively for
this purpose nor any guarantee that they will be sufficient to fund retiree
health costs, although they will be used for negotiated employee benefits.
3. Health Insurance Benefits for Domestic Partners
The City has adopted a resolution electing to provide health insurance
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Resolution No. 10648
EXHIBIT A
Page 26
benefits to domestic partners (Section 22873 of the Public Employees'
Medical and Hospital Care Act [PEMCHA]).
4. Dental and Vision Insurance/Dependent Coverage
Employees will be required to participate in the City's dental and vision plans
at the "employee only" rate. Should they elect to cover dependents in the
City's dental and vision plans, they may do so, even if they do not have
dependent coverage under the PERS medical plan.
C. LIFE INSURANCE
Employees shall pay for life insurance coverage of Fifty Thousand Dollars
($50,000). The effective date of the increase will depend on approval from
Standard Insurance Company.
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;
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Resolution No. 10648
EXHIBIT A
Page 27
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.
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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Resolution No. 10648
EXHIBIT A
ARTICLE 16
LONG TERM DISABILITY INSURANCE
A. COVERAGE
All employees shall be covered by Long Term Disability Insurance (LTD).
B. COST OF LTD
Page 28
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 it 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.
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Resolution No. 10648
EXHIBIT A
EXAMPLE: Employee uses 80 hours of sick leave.
Employee receives $384 from LTD.
Page 29
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 for that 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 15, 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.
G. In the event SLOCEA obtains an alternative Long Term Disability provider, the City
is willing to meet and confer on coordination of benefits.
24
Resolution No. 10648
EXHIBIT A
ARTICLE 17
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
Page 30
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.
When Christmas or New Year's Holiday falls on a Tuesday or Thursday, the City
reserves the right to close non - essential City services and offices on Monday or Friday
(the day adjacent to the observed holiday). Essential City services are determined at the
discretion of the Department Head. Employees scheduled to work in non - essential
functions on the days adjacent to the paid holidays would be required to use appropriate
personal leave or take the days as non -pay. The City would notify employees of closure
25
Resolution No. 10648
EXHIBIT A
Page 31
of non - essential City services and offices no later than October 31St of the same year in
order to provide employees with ample time to plan accordingly.
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.
26
Resolution No. 10648
EXHIBIT A
ARTICLE 18
SICK LEAVE
Page 32
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 Manager for the uses of
sick leave in their departments.
5. A department head shall require written proof of illness from an authorized
medical authority at the employee's expense for sick leave use in excess of
five (5) consecutive working days by personnel in 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.
27
Resolution No. 10648
EXHIBIT A
Page 33
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 15, 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
28
Resolution No. 10648
EXHIBIT A
Page 34
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%
29
Resolution No. 10648
EXHIBIT A
ARTICLE 19
BEREAVEMENT LEAVE
Page 35
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.
30
Resolution No. 10648
EXHIBIT A
ARTICLE 20
FAMILY LEAVE
Page 36
A. An employee may take up to six (6) days (48 hours) of sick leave per year if
required to be away from the job to personally care for a member of his /her family.
B. 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, 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 as defined by Labor Code 233 and /or Assembly
Bill 1522.
E. The amounts shown in A, B, and C above are annual maximums, not maximums
per qualifying family member.
F. G. In conjunction with existing leave benefits, employees with one year of City
service who have worked at least 1250 hours in the last year, may be eligible for up
to 12 weeks of Family /Medical Leave within any 12 month period. Family /Medical
Leave can be used for:
1. A new child through birth, adoption or foster care (maternal or
paternal leave).
2. A seriously ill child, spouse or parent who requires hospitalization or
continuing treatment by a physician.
3. Placement of an employee's child for adoption or foster care.
4. A serious health condition which makes the employee unable to
perform the functions of his or her position.
This leave shall be in addition to leave available to employees under the existing
four month Pregnancy - Disability Leave provided by California law. Paid leave, if
used for family leave purposes or personal illness, will be subtracted from the 12
weeks allowed by the Family /Medical Leave Program. Employees must use all
31
Resolution No. 10648
EXHIBIT A
Page 37
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
Family /Medical Leave. Only City group health insurance premiums will be paid by
the City.
If an employee does not return to work following Family /Medical leave, the City may
collect from the employee the amount paid for health insurance by the City during
the leave. There are two exceptions to this rule:
1. The continuation of a serious health condition of the employee or a
covered family 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."
32
Resolution No. 10648
EXHIBIT A
ARTICLE 21
VACATION LEAVE
Page 38
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)
33
Resolution No. 10648
EXHIBIT A
Page 39
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.
34
Resolution No. 10648
EXHIBIT A
VA:J1MrMM :WM
WORKERS' COMPENSATION LEAVE
Page 40
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 15, Section E.
35
Resolution No. 10648
EXHIBIT A
rAILMIM MEM&M
WORK SCHEDULE
Page 41
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.
36
Resolution No. 10648
EXHIBIT A
ARTIrl F 7d
PROBATION PERIOD
Page 42
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 27, Layoffs, section B.
37
Resolution No. 10648
EXHIBIT A
ARTICLE 25
AMERICANS WITH DISABILITIES ACT
Page 43
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.
38
Resolution No. 10648
EXHIBIT A
ARTICLE 26
TRANSFER
A. TRANSFER PROCESS
Page 44
Upon proper notice and concurrence by the City Manager, an employee may be
transferred by the appointing authority from one position to another in the same pay
range provided 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 Manager 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.
39
Resolution No. 10648
EXHIBIT A
ARTICLE 27
LAYOFFS
LAYOFF PROCEDURE
Page 45
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 category
all
Resolution No. 10648
EXHIBIT A Page 46
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.
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.
EF
Resolution No. 10648
EXHIBIT A
Page 47
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 II and III in
determining whether or not they had more seniority than an individual
in the II classification. (2) An employee attempting to bump to a
Parks Worker II from a Street Painter position would utilize their
combined time in each respective position to determine seniority.
2. Reassignment rights may be exercised only once in connection with
any one layoff, and shall be exercised within seven (7) calendar days
from the date of the notice of the layoff, by written notice from the
employee.
3. The bumping right shall be considered exercised by the displacement
of another employee with lesser total service or by the acceptance of
a vacant position in the class with the same or lower salary.
4. Full time and part time regular employees shall have bumping rights
for either full time regular or part time regular positions.
5. Notwithstanding the foregoing, if the City Manager determines that the
public interest will not be served by application of the above criteria,
42
Resolution No. 10648
EXHIBIT A
Page 48
the City Manager may depart therefrom on the basis of a clearly
demonstrable superiority in performance and /or qualifications.
6. Employees on layoff shall be offered reemployment in the inverse
order of layoff, provided no intervening factors have occurred which
essentially change the ability of the employee to perform the offered
employment.
E. Employment programs with special requirements will be administered in
accordance with appropriate Federal or State guidelines and directives.
F. The City will notify recognized employee organizations of the effective date
of any reduction in force concurrent with the notice to the affected
employee(s) pursuant to G, below.
G. Notice of Layoff to Employees.
An employee to be laid -off shall be notified in writing of the impending action
at least thirty (30) calendar days in advance of the effective date of the lay-
off. The notice shall include the following information:
1. Reason for lay -off.
2. Effective date of layoff.
3. Employee rights as provided in these rules.
H. Removal of Names from Reemployment Lists.
The Human Resources Director may remove an employee's name from a
reinstatement list if any of the following occur:
1. The individual indicates that he /she will be unable to return to
employment with the City during the life of the list; or
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.
43
Resolution No. 10648
EXHIBIT A Page 49
K. Employee Rights and Responsibilities.
In addition to rights identified herein, employees affected by these
procedures shall also have the following rights:
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 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.
44
Resolution No. 10648
EXHIBIT A
rA\ridralOTO ,
ODIFIED DUTY ASSIGNMENT
Page 50
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.
45
Resolution No. 10648
EXHIBIT A
CLASS "A & B" PHYSICALS
Page 51
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.
46
Resolution No. 10648
EXHIBIT A
ARTICLE 30
UNIFORM AND UNIFORM ALLOWANCE
Page 52
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.
47
Resolution No. 10648
EXHIBIT A
ADTIP`I C 41
SAFETY PROGRAM
Page 53
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.
48
Resolution No. 10648
EXHIBIT A
ADTIf`1 C 47
EMPLOYEE RIGHTS
Page 54
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.
49
Resolution No. 10648
EXHIBIT A
Fill _yW rim EnIffcica
GRIEVANCE PROCEDURE
Page 55
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.
50
Resolution No. 10648
EXHIBIT A
Page 56
D. The results of findings of such conferences and investigations shall be submitted
to the City Manager in writing within fifteen (15) business days of receiving the
employee's written request. The City Manager will meet with the employee if the
employee so desires before rendering a decision with respect to the complaint.
The City Manager's decision and reason if denied shall be in writing and given to
the employee within twenty (20) business days of receiving the Human Resources
Director's results and findings. Such decision shall be final unless employee
desires the Personnel Board to review the decision. If such is the case, the
employee will have ten (10) business days following receipt of the City Manager's
decision to submit a written request to the Personnel Board through the Human
Resources Director for a review of the decision. The Personnel Board within thirty
(30) business days shall review the record and either (1) issue an advisory opinion
to the City Manager; or (2) conduct a hearing on the matter. If a hearing is held,
an advisory opinion shall be rendered by the Board within ten (10) business days
of the close of such hearing. If an opinion signed by at least three (3) members of
the Personnel Board recommends overruling or modifying the City Manager's
decision, the City Manager shall comply or appeal this recommendation to the
City Council. Such appeal shall be filed with the City Clerk within three (3)
business days of the Board's action. If appealed, the City Council shall review the
case on the record and render a final decision within thirty (30) business days of
submittal.
51
Resolution No. 10648
EXHIBIT A
ORTIr`I F Ad
REPRESENTATIVE ROLE
Page 57
A. Members of any recognized employee organization may, by a reasonable
method, select not more than seven (7) employee members of such organization
to meet and confer with the Municipal Employee Relations Officer and other
management officials (after written certification of such selection is provided by an
authorized official of the organization) on subjects within the scope of
representation during regular duty or work hours without loss of compensation or
other benefits.
The employee organization shall, whenever practicable, submit the name(s) of
each employee representative to the Municipal Employee Relations Officer at least two
working days in advance of such meeting. Provided further:
(1) That no employee representative shall leave his or her duty or work station
or assignment without specific approval of the department head or other
authorized City management official. If employee representatives cannot be
released, date of meeting will be rescheduled in accordance with item 2
below.
(2) That any such meeting is subject to scheduling by City management consistent
with operating needs and work schedules. Nothing provided herein, however, shall limit
or restrict City management from scheduling such meetings before or after regular duty
or work hours.
B. Association members will donate a total of 300 hours per year (inclusive of any
carryover time) of vacation time off to an Association "time bank" under the following
guidelines:
(1) Prior to the first full pay period of July each calendar year, the Association
Board of Directors shall determine the number of hours remaining in the Association time
bank. The Association President shall give notice to Payroll and the number of hours
52
Resolution No. 10648
EXHIBIT A
Page 58
shall be subtracted from the maximum number of time bank hours of 300 hours. The
difference between the actual number of hours and the 300 hour maximum will be
divided by the number of represented Association employees. Each represented
employee shall then contribute an equal number of vacation hours to be debited by the
City to maintain the 300 hour time bank.
a. Only Association officers, directors or bargaining team members may draw
from the time bank.
b. Requests to use time from the time bank must be made reasonably in advance
of the use. Approval is subject to the operational necessity of the departments and
normal time off approval processes.
53
Resolution No. 10648
EXHIBIT A
A D-rit l C 4r,
COMMITTEE REPRESENTATION
Page 59
A. If the Human Resources Director establishes a committee to study possible
changes which will affect significant numbers of employees in the unit in subjects
within the scope of representation, and if the Human Resources Director includes
unit members on the committee, such committee members shall be designated by
the Human Resources Director after consultation with the Association.
This unit shall have the same number of committee members as each other unit
has.
B. Two representatives of the bargaining unit designated by the Association and two
representatives of management designated by the City shall meet on an as- needed
basis to discuss issues of concern to the parties.
54
Resolution No. 10648
EXHIBIT A
ARTICLE 36
DUES DEDUCTION /AGENCY SHOP
DUES DEDUCTION
Page 60
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 and Information Technology 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
payments shall 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
55
Resolution No. 10648
EXHIBIT A
Page 61
non - religious, non -labor charitable organization exempt from taxation under
Section 501 (c) 3 of the Internal 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.
56
Resolution No. 10648
EXHIBIT A
ARTICLE 37
MANAGEMENT RIGHTS
Page 62
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.
57
Resolution No. 10648
EXHIBIT A
ARTICLE 38
PEACEFUL PERFORMANCE
Page 63
If an employee participates in a strike or a concerted work stoppage, the City may apply
discipline up to and including discharge. However, nothing herein shall be so construed
as to affect the right of any employee to abandon or to resign his employment.
A. Employee organizations shall not hinder, delay, or interfere, coerce
employees of the City to hinder, delay, or interfere with the peaceful
performance of City services by strike, concerted work stoppage, cessation
of work, slow -down, sit -down, stay -away, or unlawful picketing.
B. In the event that there occurs any strike, concerted work stoppage, or any
other form of interference with or limitation of the peaceful performance of
City services prohibited by this article, the City, in addition to any other lawful
remedies of disciplinary actions, may by action of the Municipal Employee
Relations Officer cancel any or all payroll deductions, prohibit the use of
bulletin boards, prohibit the use of City facilities, and withdraw recognition of
the employee organization or organizations participating in such actions.
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.
58
Resolution No. 10648
EXHIBIT A
ARTICLE 39
FULL AGREEMENT
Page 64
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.
59
Resolution No. 10648
EXHIBIT A
ARTICLE 40
SAVINGS CLAUSE
Page 65
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.
el
Resolution No. 10648
EXHIBIT A
ARTICLE 41
AUTHORIZED AGENTS
Page 66
For the purpose of administering the terms and provisions of this Agreement:
A. The Association's principal authorized agent shall be the President (address:
PO BOX 15004, San Luis Obispo, California 93406: (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).
61
ARTICLE 42
SIGNATURES
Classifications covered by this Agreement and included within this unit are shown in
Appendix "A ".
This Agreement becomes effective July 7, 2015, as witnessed hereto by the following
parties:
CITY OF SAN LUIS OBISPO
Richard B ana , City Consultant
,A 0 �4�k I LVL .
Monica Irons, Human Resources Director
Other City Negotiating Team Members
Greg Zocher
62
SAN LUIS OBISPO CITY EMPLOYEES'
ASSOCIATION
D le E' idge, SLOG Consultant
RonT aria, S OCEA President
Other SLOCEA Negotiating Team Members
Brian Lindsey
Casey Nance
Pam Ouellette
Randy Stevenson
Laurie Thomas
Ian Wrenn
Resolution No. 10648
EXHIBIT A
APPENDIX A
CLASSIFICATIONS
Page 68
The classifications listed below are those classifications represented by the
Association and are presented alphabetically which does not illustrate job families nor
functional groupings as shown in previous MOA's.
Accounting Assistant I
Accounting Assistant II
Accounting Assistant III
Administrative Assistant I
Administrative Assistant II
Administrative Assistant III
Assistant Planner
Associate Planner
Building Inspector I
Building Inspector II
Code Enforcement Officer I
Code Enforcement Officer II
Database Administrator
Deputy City Clerk
Engineer I
Engineer I — Transportation
Engineer II
Engineer II — Transportation
Engineer III
Engineer III — Transportation
Engineering Inspector I
Engineering Inspector II
Engineering Inspector III
Engineering Inspector IV
Engineering Technician I
Engineering Technician II
Engineering Technician III
Environmental Compliance Inspector
Facilities Maintenance Technician SBP
GIS Specialist I
GIS Specialist II
Golf Maintenance Crew Coordinator
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Resolution No. 10648
EXHIBIT A Page 69
Technician
SBP
Heavy Equipment Mechanic
Heavy Equipment Operator
Information Technology Assistant
Laboratory Analyst SBP
Maintenance Worker I - Parks
Maintenance Worker II - Parks
Maintenance Worker III - Parks
Mechanic Helper
Neighborhood Services Specialist
Network Administrator
Parking Coordinator
Parking Enforcement Officer
Parking Meter Repair Worker
Parks Crew Coordinator
Permit Coordinator
Permit Technician I
Permit Technician II
Planning Technician
Plans Examiner
Ranger Maintenance Worker
Recreation Coordinator
Signal and Street Lighting Technician
Streets Crew Coordinator
Streets Maintenance Operator SBP
Supervising Administrative Assistant
Supervising Accounting Assistant
Sweeper Operator
Transit Coordinator
Transportation Assistant
Underground Utilities Locator
Urban Forester SBP
Utilities Services Technician
Wastewater Collection System Operator SBP
Water Distribution System Operator SBP
Water Resource Recovery Facility Chief Maintenance
Water Resource Recovery Facility Chief Operator
Water Resource Recovery Facility Maintenance Technician
Water Resource Recovery Facility Operator SBP
Water Supply Operator SBP
Water Treatment Plant Chief Operator
Water Treatment Plant Maintenance Technician SBP
64
Resolution No. 10648
EXHIBIT A
Page 70
Water Treatment Plant Operator SBP
Denotes positions within a career series.
65
Resolution No. 10648
EXHIBIT B
SLOCEA Classifications Proposed Range Adjustments
Effective Julv 2015
Adjustment Range
Title
PERMIT COORDINATOR 2.6%
ASSOCIATE PLANNER
2.6%
PLANS EXAMINER
2.6%
INFO TECHNOLOGY ASSISTANT
5.3%
BUILDING INSPECTOR II
5.3%
BUILDING INSPECTOR 1
5.3%
WATER TREAT PL CHIEF OP
6.0%
WRRF CHIEF OPERATOR
6.0%
WASTEWATER COL SY OPR SBP
6.0%
WATER DISTR SYS OPER SBP
6.0%
WATER SUPPLY OPERATOR SBP
6.0%
LABORATORY ANALYST SBP
6.0%
WATER RES REC MAINT SBP
6.0%
WATER RES REC OPERATE SBP
6.0%
WATER TREAT PLANT OPR SBP
6.0%
WTP MAINT TECHNICIAN SBP
6.0%
WATER RES REC CHIEF MAINT TECH
6.0%
DATABASE ADMINISTRATOR
8.1%
NETWORK ADMINISTRATOR
8.1%
GIS SPECIALIST II
8.1%
GIS SPECIALIST 1
8.1%
SLOCEA Classifications Proposed Range Adjustments
Effective June 2016
Title
LABORATORY ANALYST SBP
Adjustment Range
6.0%
WASTEWATER COL SY OPR SBP
6.0%
WATER DISTR SYS OPER SBP
6.0%
WATER RES REC CHIEF MAINT TECH
6.0%
WATER RES REC MAINT SBP
6.0%
WATER RES REC OPERATE SBP
6.0%
WATER SUPPLY OPERATOR SBP
6.0%
WATER TREAT PL CHIEF OP
6.0%
WATER TREAT PLANT OPR SBP
6.0%
WRRF CHIEF OPERATOR
6.0%
WTP MAINT TECHNICIAN SBP
6.0%
Page 71