HomeMy WebLinkAboutr10375adoptingandratifyingmemorandumofagreementbetcityofsloandslocityemployeesassociationforperiodjan12012thrudec312014RESOLUTION NO . 10375 (2012 Series )
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ADOPTING AND RATIFYIN G
THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISP O
AND THE SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION FOR THE PERIO D
OF JANUARY 1, 2012 THROUGH DECEMBER 31, 201 4
WHEREAS,representatives of the San Luis Obispo City Employees' Association me t
multiple times with City representatives to identify sustainable reductions in total compensatio n
costs, achieving Council's labor relations objectives to reduce total compensation costs an d
implement sustainable pension cost containment and reductions ; an d
WHEREAS,the San Luis Obispo City Employees' Association acknowledges the fisca l
challenges facing the City of San Luis Obispo and are committed to working with the City t o
help achieve long-term sustainable solutions .
NOW, THEREFORE, BE IT RESOLVED,by the City Council of the City of San Lui s
Obispo as follows :
SECTION 1 .The Memorandum of Agreement between the City of San Luis Obispo an d
the San Luis Obispo City Employees 'Association, attached hereto as Exhibit "A" and incorporate d
herein by this reference, is hereby adopted and ratified.
SECTION 2 .The Director of Finance and Information Technology shall adjust th e
appropriate accounts to reflect the compensation changes .
SECTION 3 .The City Clerk shall furnish a copy of this resolution and a copy of th e
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 Council Member Ashbaugh, seconded by Council Member Carter, and o n
the following roll call vote :
AYES :
Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter an d
Mayor Marx
NOES :
None
ABSENT : None
R 10375
Resolution No . 10375 (2012 Series )
Page 2
The foregoing resolution was adopted this 19th day of June 2012 .
ATTEST :
Sheryll Sc oede r
Interim City Clerk
APPROVED AS TO FORM
MEMORANDUM OF AGREEMEN T
BETWEE N
THE CITY OF SAN LUIS OBISP O
AND TH E
SAN LUIS OBISP O
CITY EMPLOYEES' ASSOCIATIO N
JANUARY 1, 201 2
Throug h
DECEMBER 31, 201 4
city o f
san luis OBJSPO
TABLE OF CONTENT S
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 1 0
8 Callback 1 1
9 Work Out-Of-Classification 1 2
10 Temporary Assignment 1 3
11 Bilingual Pay 1 4
12 Payday 1 5
13 Retirement 1 6
14 Retiree Medical Trust 1 9
15 Insurance and Refund 2 0
16 Long Term Disability Insurance 25
17 Holidays 27
18 Sick Leave 2 8
19 Bereavement Leave 3 1
20 Family Leave
21 Vacation Leave 34
22 Workers' Compensation Leave 36
23 Work Schedule 37
24 Probation Period 3 8
25 Americans with Disabilities Act 39
26 Transfer 4 0
27 Layoffs 4 1
28 Modified Duty Assignment 46
29 Class "A & B" Physicals 47
30 Uniform and Uniform Allowance 4 8
31 Safety Program 4 9
32 Employee Rights 50
33 Grievance Procedure 5 1
34 Representative Role :5 3
35 Committee Representation 5 5
36 Dues Deduction/Agency Shop 5 6
37 Management Rights 5 8
38 Peaceful Performance 5 9
39 Full Agreement 6 0
40 Savings Clause 6 1
41 Authorized Agents 6 2
42 Signatures 6 3
Appendix A 6 4
ii
ARTICLE1
PARTIES TO AGREEMEN T
This Agreement is made and entered into this 19 th day of June, 2012, by and betwee n
the City of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obisp o
City Employees' Association, hereinafter referred to as the Association .
Nothing in this Agreement between the parties shall invalidate nor be substituted for an y
provisions in City Resolution No . 6620 unless so stipulated to by provision(s) containe d
herein and agreed to .
1
ARTICLE 2
RECOGNITIO N
Pursuant to Government Code Section 3500 et seq and City Resolution No . 6620, th e
City hereby recognizes the San Luis Obispo City Employees' Association as th e
bargaining representative for purposes of representing regular and probationar y
employees, occupying the position classifications set forth in Appendix A, in the Genera l
Unit with respect to their compensation, hours and other terms and conditions o f
employment for the duration of the Agreement .
2
ARTICLE3
TERM OF AGREEMEN T
This Agreement shall become effective January 1, 2012, except that those provision s
which have specific implementation dates shall be implemented on those dates and shal l
remain in full force and effect until midnight December 31, 2014 .
ARTICLE 4
RENEGOTIATIO N
If the Association desires to negotiate a successor Agreement, then the Association shal l
serve upon the City, during September of 2014, its written request to begin negotiation s
as well as its written proposals for such changes . Negotiations shall begin within, but n o
later than, thirty (30) days from the date of receipt of the notice and proposals by the City .
ARTICLE 5
SALARY
SECTION A Rules Governing Step Change s
The following rules shall govern step increases for employees :
(1)The first step is the minimum rate and shall normally be the hiring rate fo r
the class . In cases where it is difficult to secure qualified personnel, or if a
person of unusual qualifications is hired, the Human Resources Directo r
may authorize hiring at any step .
(2)The second step is an incentive adjustment to encourage an employee t o
improve his/her work . An employee may be advanced to the second ste p
following the completion of twelve months satisfactory service upo n
recommendation by his/her department head and the approval of th e
Human Resources Director .
(3)The third step represents the middle value of the salary range and is the rat e
at which a fully qualified, experienced and ordinarily conscientious employee
may expect to be paid after a reasonable period of satisfactory service . A n
employee may be advanced to the third step after completion of twelve
months service at the second step, provided the advancement i s
recommended by the department head and approved by the Huma n
Resources Director .
(4)The fourth and fifth steps are to be awarded only if performance is deeme d
competent or above as shown on the last performance evaluation . A n
employee may be advanced to the fourth step after completion of one yea r
of service at the third step provided the advancement is recommended b y
the department head and approved by the Human Resources Director . A n
employee may be advanced to the fifth step after completion of two year s
service (one year for employees who were at fifth step in one classificatio n
and then promoted to a lower step in a higher classification) at the fourt h
5
step provided the advancement is recommended and justified in writing b y
the department head and approved by the Human Resources Director .
(5 )The above criteria for step increases apply except where othe r
arrangements are authorized by the City Manager .
(6)In applying the above rules, the next step shall be granted, other condition s
having been met, on the first day of the payroll period within which th e
anniversary date occurs .
(7 )Should the employee's salary not be increased, it shall be the privilege of th e
department head and City Manager to reconsider such increase at any tim e
during the year .
Each department head shall be authorized to reevaluate employees wh o
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 departmen t
head intends to reduce him one step unless his job performance improves t o
an acceptable level by the end of 60 days . Prior to the end of 60 days th e
department head shall again reevaluate the employee and, as part of tha t
reevaluation, shall notify the employee if the pay reduction shall the n
become effective . The fifth step may be reinstated at any time upo n
recommendation of the department head . If the department head deems i t
necessary to again remove the fifth step during the same fiscal year, he/sh e
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/her salary until such time as there is an improved job performance . Th e
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" rate d
employee would not receive either step increases or salary increases granted by the Cit y
Council in a MOA resolution . The "Y" rating procedure shall not result (then or later) in
the employee being frozen below the next lower step of the new range . For example, if
an employee is at step 4 when "frozen" his/her salary shall not ever be less then th e
current step 3 by this action .
SECTION C Computation of Salary Rang e
Each salary range consists of five steps (1 through 5). Steps 1 through 4 equal 95%0
the nexthighest step,computed to the nearest one dollar .
Step 4 = 95% of Step 5
Step 3=95%o 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 rounde d
off to the nearest $1 .00 and the remaining steps established in accordance with th e
above formula .
SECTIOND Salary Provision for the Term ofAqreemen t
1 .The parties agree there shall be no cost of living (COLA) increase for the term o
the agreement .
SECTION E Compensation Stud y
The City will begin a benchmark compensation study that includes examinin g
comparison data from local and regional cities on or about January 1, 2014 an d
complete said study on or before June 30, 2014 . 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 t o
all stakeholders . Periodic updates and a thorough presentation of the proces s
and findings will be provided to the SLOCEA board . Should the findings lead t o
proposed changes in compensation for classifications in the bargaining unit, the
City will meet and confer with SLOCEA to address those proposed changes an d
the impacts, if any,caused by those changes .
ARTICLE6
OVERTIM E
DEFINITIO N
Overtime is defined as all hours ordered by management and worke d
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 or designee prio r
to being compensated .
COMPENSATIO N
Overtime shall be compensated in cash at one and one half (1 1/2) times th e
employee's regular rate of pay, or in time off (CTO) at the rate of one and one-hal f
(1 1/2) hours for each hour of overtime worked . All overtime shall be compensate d
to the nearest five (5) minutes worked .
C . COMPENSATORY TIME OFF (CTO )
An employee eligible for overtime compensation may elect compensation in th e
form of time off (CTO). An employee shall be compensated in CTO only if th e
employee's department head or designee approved such compensation . An
employee may not be compensated in CTO for more than sixty (60) hours o f
overtime worked in the calendar year . Accumulated CTO may be taken throug h
December 31st of each calendar year . Accumulated CTO not taken by midnigh t
December 3 1 st shall be compensated in cash at straight time .
Such compensation shall be paid in January of the following year.
ARTICLE7
STANDBY
A.Standby duty is defined as that circumstance which requires an employee s o
assigned to :
Be ready to respond immediately to a call for service ;
Be readily available at all hours by telephone or other agreed-upo n
communication equipment ; an d
Refrain from activities which might impair his/her assigned duties upon call .
B.Employees will receive thirty five dollars ($35 .00) for each week day, forty dollar s
($40 .00) for each weekend day, and forty dollars ($40 .00) for each holiday of suc h
assignment .
C.For return to work as part of a standby assignment, as defined above, the City wil l
guarantee either two (2) hours of pay in cash at straight time or pay at time and on e
half for time actually worked whichever is greater .
D.The parties agree that employees on standby, as defined above, are "waiting to b e
engaged ."
10
ARTICLE8
CALLBAC K
A.DEFINITIO N
Callback is defined as that circumstance which requires an employee t o
unexpectedly return to work after the employee has left work at the end of th e
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.COMPENSATIO N
For an unexpected return to work, as defined in A above, the City will guarante e
either four (4) hours pay in cash at straight time or pay at time and one-half for tim e
actually worked, whichever is greater .
If an employee who was called back and has completed his/her assignment an d
left work is again called back to work, he/she will not receive another minimum if
the return is within the original minimum .
11
ARTICLE9
WORK OUT-OF-CLASSIFICATIO N
A.OUT-OF-CLASS ASSIGNMEN T
For the purposes of this article, an out-of-class assignment is the full-tim e
performance of all the significant duties of an available, funded position in on e
classification by an individual in a position in another classification . An employe e
assigned in writing by management to work out-of-class on a position that i s
assigned a higher pay range and is vacant pending an examination or is vacan t
due to an extended sick leave, shall receive five percent (5%), but in no case mor e
than the fifth step of the higher class, in addition to their regular base rat e
commencing on the eleventh consecutive workday on the out-of-class assignment .
Employees assigned as project managers and thereby working out-of-classificatio n
shall receive compensation pursuant to this section .
Work out-of-class compensation will be evaluated after six months . Out-of-clas s
compensation will be increased to the first step of the higher classification at leas t
five (5%) upon the recommendation of the supervisor and approval of th e
department head .
B.SEASONAL SUPERVISIO N
If, in addition to his/her regularly assigned employees, any employee responsibl e
for five (5) or more temporary workers for a period exceeding 10 consecutive wor k
days shall receive additional pay of 5% commencing with the 11th day .
12
ARTICLE 1 0
TEMPORARY ASSIGNMEN T
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 an d
position from which he/she was regularly assigned . Such action shall have the prio r
approval of the Human Resources Director . An appointing authority may assign a n
employee to a different position for a period of time not to exceed 90 days, provided th e
employee has received 24 hours written notice which includes reasons for th e
assignment .
13
ARTICLE 1 1
BILINGUAL PAY
Employees certified as bilingual in Spanish through a testing process and certified a s
being required to regularly use their Spanish speaking skills shall receive a bilingua l
payment of thirty-five ($35) dollars per pay period . Additional languages may b e
approved by the City based upon demonstrated need . Regardless of certification an d
payment, all employees shall use any language skills they possess to the best of thei r
ability .
14
ARTICLE 12 ,
PAYDA Y
Paychecks will be disbursed on a bi-weekly schedule . Payday will be every othe r
Thursday . This disbursement schedule is predicated upon normal working condition s
and is subject to adjustment for cause beyond the City's control .
15
ARTICLE 1 3
RETIREMENT
A.The City agrees to provide the Public Employees' Retirement System's 2 .7%at ag e
55 plan to all eligible employees including the amendments permitting conversio n
of unused sick leave to additional retirement credit, the 1959 survivor's benefit (4 t "
level), one year final compensation, the Military Service Credit option, and the Pr e
Retirement Option 2 Death Benefit .
B.1 . For City employees covered by the PERS 2 .7%@ age 55 plan (hired prio r
to implementation of the second tier contract amendment with CaIPERS), effectiv e
the first full pay period in July 2012, the City will pay six percent (6%) of th e
employee's obligation to pay eight percent (8%) salary to PERS . The six percent
(6%) payment by the City will be reported to PERS as special compensatio n
(EPMC).
For City employees covered by the PERS 2 .7% @ age 55 plan, effective the first
full pay period in January 2013, the City will pay four percent (4%) of th e
employee's obligation to pay eight percent (8%) salary to PERS . The four percen t
(4%) payment by the City will be reported to PERS as special compensatio n
(EPMC).
For City employees covered by the PERS 2 .7%@ age 55 plan, effective the first
full pay period in July 2013, the City will pay two percent (2%) of the employee's
obligation to pay eight percent (8%) salary to PERS . The two percent (2%)
payment by the City will be reported to PERS as special compensation (EPMC).
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 .
16
2.The City agrees to report as salary all Employer-Paid Membe r
Contributions for full-time employees to PERS for the purposes of retiremen t
credit in accordance with Gov . Code Section 20636 (c).(4). until the first full pay
period in January 2014 .
3.The amount paid by the City is an employee contribution and is paid by th e
City to partially satisfy the employee's obligation to contribute to PERS . A n
employee has no option to receive the contributed amounts directly instead o f
having them paid by the City to PERS on behalf of the employee . Th e
Association understands and agrees that employees bear the risk of payment o f
any increases in the employee contributions above the amount provided in thi s
Agreement which may result by action of PERS or the state legislature . Partie s
further agree that City payment of PERS contributions is made based upon ta x
treatment currently permitted by the State Franchise Tax Board and the IRS .
Should current tax treatment change, the Association and the employees hol d
harmless the City, its officers and agents from any and all claims or costs of an y
type, including but not limited to, liability for back taxes, arising out of thi s
Agreement to pay part of the employee's PERS contribution . Should current tax
treatment change, the Association shall have the opportunity to meet and confe r
regarding any such changes .
4.The employee pays to PERS their contribution ; as allowed under Interna l
Revenue Service Code Section 414 (h) (2) the contribution is made on a pre-ta x
basis .
C . For City employees hired after implementation of second tier contract amendment
with PERS, the City will provide the PERS 2% at 60 retirement plan using th e
highest three year average as final compensation . The second tier formula wil l
include the following amendments : conversion of unused sick leave to additiona l
17
retirement credit, the 1959 survivor's benefit (4 th level), the Military Service Credit
option, and the Pre-Retirement Option 2 Death Benefit . Employees hired unde r
this plan will pay the full member contribution required under the plan, presentl y
seven percent (7%).
18
ARTICLE 1 4
RETIREE MEDICAL TRUS T
The City of San Luis Obispo Employee's Association has established a Retiree Medica l
Benefit Trust to provide for health insurance and other medical expense reimbursement s
to unit employees after retirement . The Trust is administered separately by a Board o f
Trustees composed of members of the Association . The City is not involved with th e
establishment or administration of the Trust . Included in the funding for the Trust will b e
amounts designated by the Association to be deducted from each employees' paycheck .
Effective May 17, 2012 the deduction will be zero . The City's sole responsibility is t o
forward the designated amounts to the Trust .
The Association and Board of trustees are solely responsible for obtaining any necessar y
IRS approvals, establishing and administering the Trust . The Association will indemnify ,
defend and hold harmless the City, its agents, officers and employees, against any an d
all claims or legal proceedings regarding the establishment and operation of the Trust .
19
ARTICLE 1 5
INSURANCE AND REFUN D
A .CONTRIBUTIO N
1.The City shall contribute the amounts as set forth below for Cafeteria Pla n
benefits for each regular, full time employee covered by this agreement . Employee s
shall be eligible for the City contributions set forth above based on number o f
dependents they enroll in the PERS Medical Benefit Program . The Cafeteria Pla n
amount is inclusive of mandatory dental and vision coverage . Less than full-tim e
employees shall receive a prorated share of the City's contribution .
Employee Only $ 469 .0 0
Employee Plus One $ 928 .0 0
Family $1,255 .0 0
Effective December 2013 (for the January 2014 premium) and effective Decembe r
2014 (for the January 2015 premium) the City's total Cafeteria Plan contributio n
shall be modified by an amount equal to one-half of the average percentag e
change for family coverage in the PERS health plans available in San Luis Obisp o
County . For example : if three plans were available and the year-to-year change s
were +10%, +15%, and +20% respectively, the City's contribution would b e
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 b e
covered and opt out of the City medical plan will be required to provide proof o f
medical insurance elsewhere and receive a $200 per month cafeteria contribution .
3.Employees hired prior to September 1, 2008 who elected either employe e
only medical coverage or who elect to opt out of the City medical plan with proof o f
20
medical insurance elsewhere shall be "grandfathered in at the $790 per mont h
contribution amount . Any employee initially grandfathered in at $790 per mont h
who later changes the number of dependents covered loses the grandfather statu s
from that point forward .
B :INSURANCE COVERAG E
1 .PERS Health Benefit Progra m
The City has elected to participate in the PERS Health Benefit Program wit h
the "unequal contribution option" at the PERS Minimum Contribution Rate ,
currently $112 .00 per month for active employees and $106 .40 per mont h
for retirees . The City's contribution toward retirees shall be increased by fiv e
(5%) percent per year of the City's contribution for the active employees unti l
such time as the contributions for employees and retirees are equal . Th e
City's contribution will come out of that amount the City currently contribute s
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 fund s
toward health insurance beyond what is already provided for . In summary,
this cost and any increases will be borne by the employees .
21
Health Insurance Coveraqe Optional Participatio n
Employees with proof of medical insurance elsewhere are not required t o
participate in the PERS Health Benefit Program and may receive the unuse d
portion of the City's contribution (after dental and vision insurance premium s
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 th e
Retiree Health Insurance Account . This account will be used to fund th e
Retiree Health Insurance Account . This account will be used to fund th e
City's contribution toward retiree premiums and the City's costs for the Publi c
Employee's Contingency Reserve Fund and the Administrative Costs .
However, there is no requirement that these funds be used exclusively fo r
this purpose nor any guarantee that they will be sufficient to fund retire e
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 insuranc e
benefits to domestic partners (Section 22873 of the Public Employees '
Medical and Hospital Care Act [PEMCHA]).
4.Dental and Vision Insurance/Dependent Coveraq e
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 th e
City's dental and vision plans, they may do so, even if they do not hav e
dependent coverage under the PERS medical plan .
LIFE INSURANC E
Employees shall pay for life insurance coverage of Fifty Thousand Dollar s
($50,000). The effective date of the increase will depend on approval fro m
Standard Insurance Company .
22
D . MEDICAL PLAN REVIEW COMMITTE E
The Association shall appoint two voting representatives to serve on a Medical Pla n
Review Committee . In addition, the Association may appoint one non-votin g
representative to provide a wider range of viewpoint for discussion . The vote o f
each voting representative shall be weighted according to the number o f
employees represented by the Association .
1 . DUTIES AND OBLIGATIONS OF THE MEDICAL PLAN REVIEW COMMITTE E
a.Review and suggest changes for the City's flexible benefits plan an d
the insurance plans offered under the MOA ;
b.Submit to the City and its employee associations recommendation s
on proposed changes for the City's flexible benefits plan and th e
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 it s
employee associations .
2 . MISCELLANEOU S
a.The actions of the Medical Plan Review Committee shall not preclud e
the Association and the City from meeting and conferring .
b.No recommendation of the Medical Plan Review Committee o n
matters within the scope of bargaining shall take effect befor e
completion of meet and confer requirements between the City an d
Association .
c.If changes to the City's flexible benefits plan or Cafeteria Plan, ar e
subject to meet and confer requirements, the City and the Associatio n
agree to meet and confer in good faith .
d.In performing its duties, the Medical Plan Review Committee ma y
consult independent outside experts . The City shall pay any fee s
23
incurred for this consultation, provided that the City has approved th e
consultation and fees in advance .
E .City agrees to continue its contribution to the Cafeteria Plan for two (2) pa y
periods in the event that an employee has exhausted all paid time off due to a n
employee's catastrophic illness . That is, the employee shall receive regular Cit y
health payment benefit for the first two pay periods following the pay period i n
which the employee's accrued vacation and sick leave balances reach zero (0).
24
ARTICLE 1 6
LONG TERM DISABILITY INSURANC E
COVERAG E
All employees shall be covered by Long Term Disability Insurance (LTD).
B.COST OF LT D
The employee shall pay all costs of the program, which the City shall deduct fro m
employees' paychecks .
C.ACCUMULATION OF BENEFIT S
Time-in-service and other City benefits will only accrue when an employee is o n
City-paid time .
D.COORDINATION OF BENEFIT S
1.LTD payments shall be coordinated with accumulated paid time so that tak e
home pay will not exceed regular take home pay . Paid time is defined a s
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 shal l
be made by the City . Employees on disability leave shall be require d
to use all accumulated paid time prior to using unpaid time .
b.Employees who receive LTD benefits shall receive credit for a portio n
of the paid leave used to cover their absence . To determine the
credit, the amount of their LTD benefit shall be divided by their bas e
hourly rate multiplied by 1 .4 . The credit shall be prorated if th e
employee has any non-paid time during the pay period . To receive
the credit, the employee must sign his/her LTD benefit check over t o
the City .
25
EXAMPLE : Employee uses 80 hours of sick leave .
Employee receives $384 from LTD .
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 LEAV E
1.If an employee has no paid time at the beginning of a pay period, th e
employee shall neither accrue vacation or sick leave, nor shall the employe e
receive his/her regular City health payment benefit except as provided in #3
below . To continue health insurance, the employee must pay the entire cos t
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 sic k
leave accruals .
3.If an employee has any paid time at the beginning of a pay period, th e
employee shall receive his/her regular City health payment benefit for tha t
pay period . For continuance of medical insurance see Insurance an d
Refund, Article 15, Section E .
F . WITHDRAWAL FROM LT D
If this unit chooses to withdraw from LTD after the required two (2) year s
membership, it must present a majority petition indicating such desire .
26
ARTICLE 1 7
HOLIDAY S
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 . Birthda y
Third Monday in February - Presidents' Da y
Last Monday in May - Memorial Da y
July 4 - Independence Da y
First Monday in September - Labor Da y
November 11 - Veteran's Da y
Fourth Thursday in November Thanksgiving Da y
Friday after Thanksgivin g
December 25 - Christma s
One-half day before Christma s
One-half day before New Year's Da y
Two Floating Holiday s
When a holiday falls on a Saturday, the preceding Friday shall be observed . When a
holiday falls on a Sunday, the following Monday shall be observed . A holiday shall b e
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 dat e
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 procedure s
that cover all accrued vacation .
The two floating holidays will be accrued January 1 and July 1 .
27
ARTICLE 18 ,
SICK LEAV E
A . Sick leave shall be defined as absence from duty because of illness or off-the-jo b
injury, or exposure to contagious diseases as evidenced by certification from a n
accepted medical authority .
Rules governing sick leave :
1 Each incumbent of a line-item position shall accrue sick leave with pay at th e
rate of twelve (12) days or the prorated shift equivalent per year o f
continuous service .
Sick leave may be used after the completion of the month of service in whic h
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 o f
sick leave in their departments .
5.A department head shall require written proof of illness from an authorize d
medical authority at the employee's expense for sick leave use in excess o f
five (5) consecutive working days by personnel in his/her department . Suc h
proof may be required for periods less than five (5) consecutive workin g
days where there exists an indication of sick leave abuse .
6.Any employee who is absent because of sickness or other physical disabilit y
shall notify his/her immediate supervisor or department head as soon a s
possible but in any event during the first day of absence . Any employee wh o
fails to comply with this provision, without having a valid reason, will b e
placed on leave of absence without pay during the unexcused absence an d
be subject to disciplinary action .
7 Any employee absent for an extended illness or other physical disability ma y
be required by the Human Resources Director to have an examination b y
the City's medical examiner, at City expense, prior to reinstatement to th e
City service .
28
8.An appointing authority, subject to approval of the Human Resource s
Director, may require any employee to be medically examined wher e
reasonable cause exists to believe that an employee has a medica l
condition which impairs his/her job effectiveness or may endanger th e
health, safety or welfare of the employee, other employees, or the public .
Employees who are judged to be physically incapable of meeting norma l
requirements of their positions may be placed in a classification of work fo r
which they are suitable when a vacancy exists, or may be separated fo r
physical disability.
9.In the event that an employee's sick leave benefits become exhausted du e
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 o f
the Personnel Rules unless eligible to participate in the City's Catastrophi c
Leave Policy . For continuation of medical insurance see Insurance an d
Refund, Article 15, Section E .
10.The right to benefits under the sick leave plan shall continue only during th e
period that the employee is employed by the City . This plan shall not giv e
any employee the right to be retained in the services of the City nor any righ t
of claim to sickness disability benefits after separation from the services o f
the City. When an employee receives compensation under the Worker's
Compensation Act of California, such compensation received shall b e
considered part of the salary to be paid to the employee eligible for suc h
payments as required by state law . The amount paid by the City shall be th e
difference between the amount received by the employee from the City's
compensation insurance coverage and the eligible employee's regular rat e
of pay .
11.Notwithstanding anything contained in this section, no employee shall b e
entitled to receive any payment or other compensation from the City whil e
absent from duty by reason of injuries or disability received as a result o f
29
engaging in employment other than employment by the City for monetar y
gain or other compensation other than business or activity connected wit h
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 th e
dollar value of the employee's accumulated sick leave will be paid to th e
employee, or the designated beneficiary or beneficiaries according to th e
following schedule :
(a)Death - 30 %
(b)Retirement and actual commencement of PERS benefits :
After ten years of continuous employment - 10 %
After fifteen years of continuous employment - 15 %
After twenty years of continuous employment - 20 %
After twenty-five years of continuous employment — 25 %
After thirty years of continuous employment — 30 %
30
ARTICLE 19 ,
BEREAVEMENT LEAV E
At each employee's option, sick leave may be used to be absent from duty due to th e
death of a member of the employee's immediate family, meaning spouse/domesti c
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 a s
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 grante d
sick leave pay . False information concerning the death or relationship shall be cause fo r
discharge .
31
ARTICLE 2 0
FAMILY LEAV E
A.An employee may take up to two (2) days (16 hours) of sick leave per year i f
required to be away from the job to personally care for a member of his/he r
immediate family .
B.An employee may take up to five (5) days (40 hours) of sick leave per year if th e
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 th e
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/domesti c
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 maximum s
per qualifying family member .
F.If the family member is a child, parent or spouse/domestic partner, an employe e
may use up to 48 hours annually to attend to the illness of the child, parent,o r
spouse, instead of the annual maximums in paragraphs A . and B . above, i n
accordance with Labor Code Section 233 .
G.In conjunction with existing leave benefits, employees with one year of City servic e
who have worked at least 1280 hours in the last year, may be eligible for up to 1 2
weeks of Family/Medical Leave within any 12 month period . Family/Medical Leav e
can be used for :
1.A new child through birth, adoption or foster care (maternal o r
paternal leave).
2.A seriously ill child, spouse or parent who requires hospitalization o r
continuing treatment by a physician .
3.Placement of an employee's child for adoption or foster care .
32
4 .A serious health condition which makes the employee unable t o
perform the functions of his or her position .
This leave shall be in addition to leave available to employees under the existin g
four month Pregnancy-Disability Leave provided by California law . Paid leave, i f
used for family leave purposes or personal illness, will be subtracted from the 1 2
weeks allowed by the Family/Medical Leave Program . Employees must use al l
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 contributio n
toward the cost of health insurance premiums . However, employees who receiv e
cash back under the City's Flexible Benefit Plan will not receive that cash during th e
Family/Medical Leave . Only City group health insurance premiums will be paid b y
the City .
If an employee does not return to work following Family/Medical leave, the City ma y
collect from the employee the amount paid for health insurance by the City durin g
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 t o
Family/Leave Program ."
33
ARTICLE 21 ,
VACATION LEAV E
A.Each incumbent of a 40 hour a week line-item position shall accrue vacation leav e
with pay at the rate of 12 days (96 hours) per year of continuous service since th e
benefit date for the first five years, 15 days (120 hours) per year upon completion o f
five years, 18 days (144 hours) per year upon completion of ten years, and 20 day s
(160 hours) upon completion of twenty years .
B.An incumbent is not eligible to use accrued vacation leave until it has bee n
accrued, and approved as provided below .
C.A regular employee who leaves the City service shall receive payment for an y
unused vacation leave .
D.It is the employee's responsibility to request and use vacation leave in a manne r
that neither jeopardizes their vacation balance nor the efficiency of the work unit .
Vacation schedules must be reviewed by management prior to the schedule d
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 den y
an employee's vacation request if such denial will result in the loss of vacatio n
accrual by the employee, except that, management may approve a two-mont h
extension of maximum vacation accrual . In no event shall more than one suc h
extension be granted in any calendar year .
E.Any employee who is on approved vacation leave and becomes eligible fo r
sick leave, as defined in Section 2 .36 .420 of the Municipal Code, may have suc h
time credited as sick leave under the following conditions :
1.A physician's statement certifying that illness, injury or exposure t o
contagious disease has occurred is presented to the supervisor upo n
returning to work .
2.The vacation leave immediately ends and the employee reports t o
work following the end of sick leave usage . (Ordinance No . 782 -
1978 Series)
34
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 reques t
payment for up to forty (40) hours of unused vacation leave provided that a n
employee's overall performance and attendance practices are satisfactory .
Employees must have eighty (80) hours of accrued vacation leave to be eligible .
Upon request, vacationsellback payments shall be made by separate check .
35
ARTICLE 2 2
WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on-the-job injury in accordance wit h
state workers' compensation law and is not eligible for disability payments under Labo r
Code Section 4850 shall be paid the difference between his/her base salary and th e
amount provided by workers' compensation during the first 90 business days of suc h
temporary disability absence . Eligibility for workers' compensation leave requires a n
open workers' compensation claim .
For continuation of medical insurance see Insurance and Refund, Article 15, Section E .
36
ARTICLE 2 3
WORK SCHEDUL E
This article is intended to define the normal hours of work and shall not be construed a s
a guarantee of hours of work per day, nor hours of work per week, nor of days of wor k
per week.
Employees shall be scheduled to work on regular workshifts having regular starting an d
quitting times . Except for emergencies, employees' workshifts shall not be change d
without reasonable prior written notice to the employee and the Human Resources
Director . Neither callback nor overtime constitutes a change in workshift . All reference s
to accrual of vacation, holiday or sick leave in the Agreement shall be interpreted as on e
(1) day being equivalent to eight (8) hours .
37
ARTICLE 2 4
, PROBATION PERIO D
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 th e
general unit in the classified service shall be subject to a probationary period of si x
months . The probationary period may be extended or reinstated if further employe e
evaluation is deemed necessary for up to six months upon the written recommendatio n
of the department head and the written approval of the Human Resources Director .
Employees not successfully passing a promotional or transfer probation or voluntaril y
requesting to have the promotion rescinded during the first 90 calendar days of th e
probationary period shall be returned to their previously held position without notice o r
hearing . If the cause for not passing probation was sufficient grounds for dismissal, th e
employee shall be subject to dismissal without reinstatement to the lower position . If n o
vacancy exists, the name of the employee may be placed on a Reemployment List pe r
Article 27, Layoffs, section B .
38
ARTICLE 2 5
AMERICANS WITH DISABILITIES AC T
The City and Association acknowledge the passage of the Americans with Disabilitie s
Act . It is agreed that the City shall take all necessary actions to comply with th e
provisions of this Act . If necessary, sections of this Memorandum of Agreement and/o r
the City Personnel Rules may be suspended in order to achieve compliance .
39
ARTICLE 26 ,
TRANSFER,
A.TRANSFER REQUES T
Employees who want to transfer may notify the City by filing a form with the Huma n
Resources Department . Such form shall be developed and made available by th e
Human Resources Department .
B.TRANSFER PROCES S
Upon proper notice and concurrence by the City Manager, an employee may b e
transferred by the appointing authority from one position to another in the same pa y
range provided he/she possesses the minimum qualifications as determined by th e
Human Resources Director .
If the transfer involves a change from one department to another, both departmen t
heads must consent thereto unless the City Manager orders the transfer fo r
purposes of economy and efficiency .
The employee shall be given five (5) business days' written notice of the transfe r
including the reason for the change .
40
ARTICLE 2 7
LAYOFF S
LAYOFF PROCEDUR E
In accordance with Personnel Rule 2 .36 .280, the City Council of San Luis Obispo shal l
determine when and in what position or classifications layoffs are to occur . The Huma n
Resources Director shall be responsible for the implementation of a layoff order of th e
City Council in accordance with the procedures outlined below :
A .After determining which job classification within a department shall be lai d
off, the order of layoffs shall be as follows :
1.Temporary and contract employees, in the order to be determined b y
the appointing authority ;
2.Probationary employees (promotional probation excluded), in th e
order to be determined by the appointing authority ;
For regular employees, layoffs shall be governed by job performance an d
seniority in service within a particular department and job classification . Fo r
the purpose of implementing this provision, job performance categories shal l
be defined as follows :
Category 1 :
Performance that is unsatisfactory, below standard, need s
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 tha t
falls within the lowest two categories of the performance appraisa l
report .
Category 2 :
Performance that is competent, superior, meets expectations, meet s
performance standards, exceeds performance standards an d
expectations or is outstanding . Performance defined by this categor y
41
is evidenced by an employee's two most recent performanc e
evaluations with an overall rating that falls within the top two or thre e
performance categories of the performance appraisal .
A regular employee being laid off shall be that employee with the leas t
seniority in the particular job classification concerned and in th e
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 performanc e
evaluations contain overall ratings that are in the two differen t
Categories as defined above, the third most recent evaluation overal l
rating shall be used to determine which performance category the Cit y
shall use in determining order of layoffs .
a.In the event two or more employees in the same jo b
classification are in the same job performance category, th e
employee with the least amount of service with the City shal l
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 vacanc y
and the employee meets the minimum job requirements .
c.Regular part time employees shall receive prorated seniorit y
credit .
B.Laid Off Employees on Reemployment List .
The names of employees who have been laid off shall be placed on th e
appropriate Reemployment List for one year . The recall of employees will b e
in reverse order of layoff, depending upon City requirements .
Reemployment lists shall be used for filling those classes requirin g
substantially the same minimum qualifications, duties and responsibilities o f
the class from which the layoff was made .
C.Appointment of Laid-Off Employees to Vacant Class .
42
An appointing authority may, with the approval of the department head an d
the Human Resources Director and in agreement with the employee, appoin t
an employee who is to be laid off to a vacancy in a vacant class for which h e
or she is qualified .
D .Employee reassignments (bumping procedure):
1.Employees who have been promoted during their service with the Cit y
may bump back one classification in their career series, or to a
position within a classification they formerly held, if there is a n
employee in the lower previously held classification with less seniorit y
than the employee who wants to bump . Seniority for the purpose of
this section shall mean time in the position in the lower classificatio n
plus time in other classifications . For example, (1) an employe e
attempting to bump to Accounting Assistant II from Accountin g
Assistant Ill would utilize their combined time as a II and Ill i n
determining whether or not they had more seniority than an individua l
in the II classification . (2) An employee attempting to bump to a
Parks Worker II from a Street Painter position would utilize thei r
combined time in each respective position to determine seniority .
2.Reassignment rights may be exercised only once in connection wit h
any one layoff, and shall be exercised within seven (7) calendar day s
from the date of the notice of the layoff, by written notice from th e
employee .
3.The bumping right shall be considered exercised by the displacemen t
of another employee with lesser total service or by the acceptance o f
a vacant position in the class with the same or lower salary .
4.Full time and part time regular employees shall have bumping right s
for either full time regular or part time regular positions .
5.Notwithstanding the foregoing, if the City Manager determines that th e
public interest will not be served by application of the above criteria ,
43
the City Manager may depart therefrom on the basis of a clearl y
demonstrable superiority in performance and/or qualifications .
6 . Employees on layoff shall be offered reemployment in the invers e
order of layoff, provided no intervening factors have occurred whic h
essentially change the ability of the employee to perform the offere d
employment .
E .Employment programs with special requirements will be administered i n
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 affecte d
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 actio n
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 t o
employment with the City during the life of the list ; o r
2.The individual cannot be reached after reasonable efforts have bee n
made to do so . The City shall utilize certified mail when contactin g
individuals ; o r
3.The individual refuses two reemployment offers . Individuals shal l
have ten (10) days to respond to the offer of reemployment and a n
additional fourteen (14) days to return to work .
44
K .Employee Rights and Responsibilities .
In addition to rights identified herein, employees affected by thes e
procedures shall also have the following rights :
1.Through prior arrangement with his/her immediate supervisor a n
employee who has been notified of his/her impending layoff shall b e
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/he r
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 shal l
be assigned to the same salary range and step he/she held at the time of the layoff . A n
individual reemployed into a job classification other than the classification from whic h
he/she was laid off shall be assigned to the salary range of the new classification at th e
amount closest to the salary he/she earned at the time of the layoff . An individua l
reemployed into the classification from which he/she was laid off while still a probationar y
employee shall complete, upon return to the job, the remaining portion of his/he r
probationary period, if any, in effect at the time of the layoff. Similarly, an individual wh o
is reemployed shall complete upon return to the job the same work time he/she woul d
have had to work at the time of the layoff to attain a higher vacation leave accrual rate o r
to become eligible for a salary step increase, if such changes are possible .
45
ARTICLE 2 8
MODIFIED DUTY ASSIGNMEN T
If an employee's medical condition temporarily precludes the performance of his/he r
normal duties and management determines modified work is available and necessary t o
be performed, he or she may, with medical authorization, be temporarily assigned t o
such work for a period not to exceed six months . No change in base pay will resul t
unless the duties to be performed are substantially greater or lesser than those normall y
performed by the employee and the employee's current pay rate is not within the pa y
range for the temporarily assigned work . In no event shall any employee's current pa y
rate be reduced more than four (4) ranges at the same step .
46
ARTICLE 2 9
CLASS "A & B" PHYSICALS
The City will pay for costs for physical exams not covered by City insurance policie s
required for those employees required by the City to hold valid Class "A or B" Californi a
drivers licenses .
47
ARTICLE 3 0
UNIFORM AND UNIFORM ALLOWANC E
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 othe r
clothing for medical reasons upon submission of a letter from the city docto r
certifying that the city uniform is injurious to their health . Decisions regarding thi s
paragraph shall be made by the Human Resources Director on a case-by-cas e
basis .
48
ARTICLE 3 1
SAFETY PROGRA M
The City shall continue a compensation program for safety representatives on the basi s
that each designated safety member shall be compensated at the rate of $10 .00 pe r
month . The description of the duties of a safety committee member shall be designed b y
the Human Resources Director or his/her designee . The intent of the safet y
representatives is to assist the Human Resources Director and the overall safet y
program in reducing accidents by reporting hazardous conditions .
49
ARTICLE 3 2
EMPLOYEE RIGHT S
Employees of the City shall have the right to form, join and participate in the activities o f
employee organizations of their own choosing for the purpose of representation on al l
matters of employer-employee relations including but not limited to, wages, hours an d
other terms and conditions of employment . Employees of the City also shall have th e
right to refuse to join or participate in the activities of employee organizations and shal l
have the right to represent themselves individually in their employment relations with th e
City . No employee shall be interfered with, intimidated, restrained, coerced o r
discriminated against because of the exercise of these rights .
50
ARTICLE 3 3
GRIEVANCE PROCEDUR E
A grievance is defined as an alleged violation, misinterpretation or misapplication of th e
employer-employee resolution, the Personnel Rules and Regulations, any Memorandu m
of Agreement, excluding disciplinary matters, or any existing written policy or procedur e
relating to wages, hours or other terms and conditions of employment excludin g
disciplinary matters .
Each grievance shall be handled in the following manner :
A.The employee who is dissatisfied with the response of the immediate superviso r
shall discuss the grievance with the supervisor's immediate superior . Th e
employee shall have the right to choose a representative to accompany him/her a t
each step of the process . If the matter can be resolved at that level to th e
satisfaction of the employee, the grievance shall be considered terminated .
B.If still dissatisfied, the employee may submit the grievance in writing to th e
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 n o
event later than thirty (30) calendar days after the occurrence of the event givin g
rise to the grievance . The department head shall promptly consider the grievanc e
and render a decision in writing within fifteen (15) business days of receiving th e
written grievance. If the employee accepts the department head's decision, th e
grievance shall be considered terminated .
C.If the employee is dissatisfied with the department head's decision, the employe e
may immediately submit the grievance in writing to the Human Resources Directo r
within seven (7) business days of receiving the department head's decision . Th e
Human Resources Director shall confer with the employee and the departmen t
head and any other interested parties, and shall conduct such other investigation s
as may be advisable .
51
D . The results of findings of such conferences and investigations shall be submitte d
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 t o
the employee within twenty (20) business days of receiving the Human Resource s
Director's results and findings . Such decision shall be final unless employe e
desires the Personnel Board to review the decision . If such is the case, th e
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 Huma n
Resources Director for a review of the decision . The Personnel Board within thirt y
(30) business days shall review the record and either (1) issue an advisory opinio n
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 day s
of the close of such hearing . If an opinion signed by at least three (3) members o f
the Personnel Board recommends overruling or modifying the City Manager's
decision, the City Manager shall comply or appeal this recommendation to th e
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 th e
case on the record and render a final decision within thirty (30) business days o f
submittal .
52
ARTICLE 34
REPRESENTATIVE ROL E
A . Members of any recognized employee organization may, by a reasonabl e
method, select not more than seven (7) employee members of such organizatio n
to meet and confer with the Municipal Employee Relations Officer and othe r
management officials (after written certification of such selection is provided by a n
authorized official of the organization) on subjects within the scope o f
representation during regular duty or work hours without loss of compensation o r
other benefits .
The employee organization shall, whenever practicable, submit the name(s) o f
each employee representative to the Municipal Employee Relations Officer at least tw o
working days in advance of such meeting . Provided further :
(1) That no employee representative shall leave his or her duty or work statio n
or assignment without specific approval of the department head or othe r
authorized City management official . If employee representatives cannot b e
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 consisten t
with operating needs and work schedules . Nothing provided herein, however, shall limi t
or restrict City management from scheduling such meetings before or after regular dut y
or work hours .
B .Association members will donate a total of 300 hours per year (inclusive of an y
carryover time) of vacation time off to an Association "time bank" under the followin g
guidelines :
(1) Prior to the first full pay period of July each calendar year, the Associatio n
Board of Directors shall determine the number of hours remaining in the Association tim e
bank . The Association President shall give notice to Payroll and the number of hour s
53
shall be subtracted from the maximum number of time bank hours of 300 hours . Th e
difference between the actual number of hours and the 300 hour maximum will b e
divided by the number of represented Association employees . Each represente d
employee shall then contribute an equal number of vacation hours to be debited by th e
City to maintain the 300 hour time bank .
a . Only Association officers, directors or bargaining team members may dra w
from the time bank .
b . Requests to use time from the time bank must be made reasonably in advanc e
of the use . Approval is subject to the operational necessity of the departments an d
normal time off approval processes .
54
ARTICLE 3 5
COMMITTEE REPRESENTATIO N
A.If the Human Resources Director establishes a committee to study possibl e
changes which will affect significant numbers of employees in the unit in subject s
within the scope of representation, and if the Human Resources Director include s
unit members on the committee, such committee members shall be designated b y
the Human Resources Director after consultation with the Association .
This unit shall have the same number of committee members as each other uni t
has .
B.Two representatives of the bargaining unit designated by the Association and tw o
representatives of management designated by the City shall meet on an as-neede d
basis to discuss issues of concern to the parties .
55
ARTICLE 3 6
DUES DEDUCTION/AGENCY SHO P
DUES DEDUCTIO N
The City shall deduct dues from City employees and remit said dues to the Associatio n
on a bi-weekly basis for the duration of this Agreement . These dues shall not includ e
assessments . Bi-weekly dues deduction additions and/or deletions shall be recorded b y
the City's Finance and Information Technology Director and a notification of all due s
transactions shall be sent bi-weekly to the Association Treasurer .
AGENCY SHO P
This Agency Shop provision went into effect following certification of the election result s
by the State Mediation and Conciliation Services on October 11, 2005 . Agency Shop a s
used in this article means an organizational security agreement as defined i n
Government Code Section 3502 .5 and applicable law .
Each employee in this bargaining unit shall be required to choose one of the followin g
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 th e
amount that may be lawfully collected under applicable constitutional, statutory
and case law . This amount shall be equal to or less than the monthly due s
paid by members of the Association during the term of this MOA . Suc h
payments shall be made by payroll deduction . The Association represent s
that the collection, administration and use of agency fee funds shall be i n
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 includ e
objections to joining or supporting employee organizations shall not b e
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
56
non-religious, non-labor charitable organization exempt from taxation unde r
Section 501 (c) 3 of the Internal Revenue Code, as designated by th e
employee .
To qualify for the religious exemption the employee must provide to th e
Association, with a copy to the City, a written statement of objection, along wit h
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 compl y
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, settlement s
and/or liability regarding the legality of this Article or any action taken or not taken by o r
on behalf of the City under this Article . The Association will further indemnify the Cit y
against any unusual costs in implementing these provisions . The Association shal l
refund to the City any amount paid to it in error upon presentation of supportin g
evidence .
57
ARTICLE 3 7
MANAGEMENT RIGHT S
The rights of the City include, but are not limited to, the exclusive right to determine th e
mission of its constituent departments, commissions and boards ; set standards o f
service ; determine the procedures and standards of selection for employment an d
promotion ; direct its employees ; take disciplinary action ; relieve its employees from dut y
because of lack of work or for other legitimate reasons ; maintain the efficiency of
governmental operations ; determine the methods, means and personnel by whic h
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 complet e
control and discretion over its organization and the technology of performing its work .
58
ARTICLE 3 8
PEACEFUL PERFORMANC E
If an employee participates in a strike or a concerted work stoppage, the City may appl y
discipline up to and including discharge . However, nothing herein shall be so construe d
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 peacefu l
performance of City services by strike, concerted work stoppage, cessatio n
of work, slow-down, sit-down, stay-away, or unlawful picketing .
B.In the event that there occurs any strike, concerted work stoppage, or an y
other form of interference with or limitation of the peaceful performance o f
City services prohibited by this article, the City, in addition to any other lawfu l
remedies of disciplinary actions, may by action of the Municipal Employe e
Relations Officer cancel any or all payroll deductions, prohibit the use o f
bulletin boards, prohibit the use of City facilities, and withdraw recognition o f
the employee organization or organizations participating in such actions .
C.Employees shall not be locked out or prevented by management official s
from performing their assigned duties when such employees are willing an d
able to perform such duties in the customary manner and at a reasonabl e
level of efficiency, provided there is work to perform .
Any decision made under the provisions of the Article may be appealed to the Cit y
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 . Suc h
Notice of Appeal must be filed within ten (10) working days after the affected employe e
organization first received notice of the decision upon which the complaint is based, or i t
will be considered closed and not subject to any other appeal .
59
ARTICLE 3 9
FULL AGREEMEN T
It is understood this Agreement represents a complete and final understanding on al l
negotiable issues between the City and the Association . The Agreement supersedes al l
previous Memoranda of Understanding or Memoranda of Agreement between the Cit y
and the Association except as specifically referred to in this Agreement . The parties, fo r
the term of this Agreement, voluntarily and unqualifiedly agree to waive the obligation t o
negotiate with respect to any practice, subject or matter not specifically referred to o r
covered in this Agreement even though such practice, subject or matter may not hav e
been within the knowledge of the parties at the time this Agreement was negotiated an d
signed . In the event any new practice, subject or matter arises during the term of thi s
Agreement and an action is proposed by the City, the Association shall be afforde d
notice and shall have the right to meet and confer upon request .
60
ARTICLE 40 ,
SAVINGS CLAUS E
If any provision of this Agreement should be held invalid by operation of law or by an y
court of competent jurisdiction, or if compliance with or enforcement of any provisio n
should be restrained by any tribunal, the remainder of this Agreement shall not b e
affected thereby, and the parties shall enter into a meet and confer session for the sol e
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 t o
invoke the provision of impasse under Section 13 of City Resolution No . 6620 .
61
ARTICLE 4 1
AUTHORIZED AGENT S
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 Resource s
Director or his/her duly authorized representative (address : 990 Pal m
Street, San Luis Obispo, CA 93401-3249 ; telephone : (805) 781-7250).
62
ARTICLE 4 2
SIGNATURE S
Classifications covered by this Agreement and included within this unit are shown i n
Appendix "A".
This Agreement becomes effective June 19, 2012, as witnessed hereto by the followin g
parties:
Monica Irons, Human Resources Director
SAN LUIS OBISPO CITY EMPLOYEES '
ASSOCIATION
6144--
Da e Strobridge, SLOO' Consultan t
Ron Faris, SLOCEA Presid nt h
ichard Bol nos,C1L,iph'kywo
Other City Ne g otiating Team Member s
Greg Zoche r
Debbie Malicoat
Other SLOCEA Ne gotiating Team Members
Ed Humphre y
Brian Lindse y
Madelyn Paasc h
Randy Stevenso n
Laurie Thomas
Don Thoma s
63
APPENDIX A
CLASSIFICATION S
The classifications listed below are those classifications represented by th e
Association and are presented alphabetically which does not illustrate job families no r
functional groupings as shown in previous MOA's .
. Accounting Assistant I
Accounting Assistant I I
. Accounting Assistant II I
Administrative Assistant I
•Administrative Assistant I I
Administrative Assistant II I
Assistant Building Officia l
•Assistant Planne r
Associate Planne r
Biologis t
Building Inspector I
•Building Inspector I I
Building Maintenance Technicia n
•Code Enforcement Officer I
Code Enforcement Officer I I
Database Administrato r
Engineer I
•Engineer I - Transportatio n
Engineer I I
Engineer II — Transportatio n
•Engineer II I
•Engineer III — Transportatio n
Engineering Inspector I
Engineering Inspector I I
Engineering Inspector II I
Engineering Inspector I V
Engineering Technician I
Engineering Technician I I
Engineering Technician II I
Environmental Compliance Inspecto r
•GIS Specialist I
GIS Specialist I I
Heavy Equipment Mechani c
64
Heavy Equipment Operator I
Heavy Equipment Operator I I
Information Technology Assistan t
Laboratory Analyst SB P
Maintenance Worker I
Maintenance Worker II - Building s
Maintenance Worker II - Park s
Maintenance Worker II - Street s
Maintenance Worker Ill - Building s
Maintenance Worker Ill - Park s
Maintenance Worker Ill - Street s
Neighborhood Services Specialis t
Network Administrato r
Parking Coordinato r
Parking Enforcement Office r
Parking Meter Repair Worke r
Parks Maintenance Technicia n
Permit Coordinato r
Permit Technician I
Permit Technician I I
Planning Technicia n
Plans Examine r
Recreation Coordinato r
Signal and Street Lighting Technicia n
Stormwater Code Enforcement Office r
Street Maintenance Technicia n
Supervising Administrative Assistan t
Transportation Assistan t
Tree Trimmer I
Tree Trimme r
Underground Utilities Locato r
Utilities Conservation Technicia n
Wastewater Collection System Operator SB P
Water Customer Service Personnel SB P
Water Distribution System Operator SB P
Water Reclamation Facility Chief Maintenance Technicia n
Water Reclamation Facility Chief Operato r
Water Reclamation Facility Maintenance Technician SB P
Water Reclamation Facility Operator SB P
Water Supply Operator SB P
Water Treatment Plant Chief Operato r
Water Treatment Plant Maintenance Technician SB P
Water Treatment Plant Operator SB P
Denotes positions within a career series .
65