HomeMy WebLinkAboutR-10988 MOA BETWEEN THE CITY AND SLOCEA FOR 7-1-2018 TO 6-30-2019RESOLUTION NO. 10988 (2019 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY 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 JULY 1, 2018 TO JUNE 30, 2019
WHEREAS, the San Luis Obispo City Employees' Association (SLOCEA) is committed to
providing high quality service to the community; and
WHEREAS, the City Council is committed to providing competitive compensation to
recruit and retain well qualified employees, as provided in the City's adopted Compensation
Philosophy while also considering the long-term fiscal sustainability of changes in compensation.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
SLOCEA, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby adopted
and ratified.
SECTION 2. The Director of Finance shall adjust the appropriate accounts to reflect the
compensation changes.
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SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed
Memorandum of Agreement approved by it to: Ron Faria, SLOCEA President, and Monica Irons,
Director of Human Resources.
Upon motion of Council Member Christianson, seconded by Council Member Gomez, and on the
following vote:
AYES: Council Members Christianson, Gomez, and Stewart,
Vice Mayor Pease, and Mayor Harmon.
NOES: None
ABSENT: None
The foregoing resolution was adopted this 19th day of Fe
ATTEST:
Teresa Purrington
City Clerk
J: Cfirrs-tine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, thisrt� day of j \ 6-W dyl U 1
r
Teresa Purrington
City Clerk
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TABLE OF CONTENTS
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ARTICLE 1 - PARTIES TO AGREEMENT
This Agreement is made and entered into this 19th day of February, 2019, 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 or AB 646 codified in California Government Code
Sections 3505.4, 3505.5 and 3507.7 unless so stipulated to by provision(s) contained herein
and agreed to.
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ARTICLE 2 - RECOGNITION
Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620, the City
hereby recognizes the San Luis Obispo City Employees' Association as the bargaining
representative for purposes of representing regular and probationary employees, occupying
the position classifications set forth in Appendix A, in the General Unit with respect to their
compensation, hours and other terms and conditions of employment for the duration of the
Agreement.
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ARTICLE 3 - TERM OF AGREEMENT
This Agreement shall become effective July 1, 2018, 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, 2019.
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ARTICLE 4 - RENEGOTIATION
If the Association desires to negotiate a successor Agreement, then the Association shall
serve upon the City its intent to begin negotiations no earlier than 120 days or later than 90
days prior to the expiration of the MOA. 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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ARTICLE 5 - SALARY
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.
(5) The above criteria for step increases apply except where other arrangements are
authorized by the City Manager.
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(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.
B. RULES GOVERNING SKILLS BASED PAY
The guidelines for skills based pay classifications are set forth in Appendix B.
C. "Y" RATING
An employee who is not performing up to established job standards for reasons
including but not limited to transfer, reclassification, and performance issues may be
"Y" rated, freezing his/her salary until such time as standards are met. 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 such as across the board cost of living increases, market equity
increases, or other increases to salary. The "Y" rating procedure shall not result (then
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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
than the current step 3 by this action. The only limited exception to “Y” rating may be
found in Appendix B, Skills Based Pay Guidance document.
D. 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 r ange 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.
E. SALARY PROVISION FOR THE TERM OF AGREEMENT
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.
0% change during the term of the Agreement
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ARTICLE 6 - OVERTIME
A. CITY/CONTRACT OVERTIME
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. FLSA/STATUTORY OVERTIME
For the purpose of complying with the Fair Labor Standards Act (FLSA) overtime
requirements under 29 USC Section 207(a), the City has adopted a dual calculation
method whereby it calculates FLSA overtime based on all hours actually worked by
overtime eligible employees in excess of 40 hours in the seven-day work period. To
the extent the City’s dual calculation method determines that FLSA overtime owed
for the seven-day work period exceeds the amount of City/Contract overtime paid for
in the same seven-day work period, the difference will be paid to the employee by
way of an “FLSA Adjustment” in the following City pay period.
C. COMPENSATION
All overtime as defined in Section A of this Article shall be paid in cash at one and
one half (1 1/2) the employee's base rate of pay, plus incentives as defined below in
Section E, 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.
Separate and apart from the City's contractual obligation to pay overtime in
accordance with Section A above, the City is obligated to calculate and pay, at a
minimum, FLSA overtime based on the federally defined regular rate of pay which
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includes cash in lieu in compliance with the Flores v. City of San Gabriel applicable
to members of SLOCEA's bargaining unit. This calculation will be administered in
accordance with Section B above.
D. COMPENSATORY TIME OFF (CTO)
An employee who earns City/Contract overtime as defined in Section A above may
elect compensation in the form of time off (CTO). An employee may be compensated
in CTO and maintain up to sixty (60) hours of CTO in their CTO account during the
calendar year. Accumulated CTO may be taken through December 31st of each
calendar year. Accumulated CTO not taken by midnight December 31st shall be
compensated in cash at straight time. Such compensation shall be paid in January
of the following year.
E. PAY INCENTIVES TO BE INCLUDED IN THE BASE RATE FOR OVERTIME UNDER
SECTIONS A AND B ABOVE
Bilingual Pay
Safety Committee Pay
Microsoft Certified Engineer (MSCE) or VMware Certified Professional (VCP)
Certifications
Standby Pay
Work out of Grade Pay
Temporary Assignment Pay
F. WORK WEEK FOR CALCULATION OF OVERTIME
For all bargaining unit members working a regular 5/40 work schedule or a 4/10
alternative work schedule, the work week for the purpose of calculating overtime as
defined in Sections A & B of this Article shall be seven consecutive days, beginning
at 12:00 am Thursday and ending at 11:59 pm Wednesday.
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For all bargaining unit members working a 9/80 alternative work schedule, the work
week for the purpose of calculating overtime as defined in Section A and B of this
Article shall be seven consecutive days, beginning exactly four hours into their eight-
hour shift on the day of the week which constitutes their alternative regular day off.
G. OVERTIME DISPUTE RESOLUTION PROCEDURE
The City and the Association acknowledge and agree that they have met and
conferred in good faith in accordance with California Government Code Section 3505
over the definition, calculation, and payment of contract overtime as defined in
Section A above. The City and the Association further acknowledge and agree that
Section A above establishes the full extent of the City’s contractual obligations to pay
overtime for services rendered within the course and scope of employment by
members of the bargaining unit and that to the extent individual claims for statutory
overtime under Section B above are asserted by or on behalf of any member of the
bargaining unit during the term of the MOA, such claims will not present or support a
claim for contract overtime under the MOA. The City and the Association further
acknowledge and agree that any and all claims for statutory overtime under Section
B above are expressly excluded from the grievance procedure set forth in Article 35
of the MOA.
The City and the Association further acknowledge and agree that they have met and
resolved potential issues concerning back overtime related to the Flores vs. City of
San Gabriel decision. Effective the first full pay period following Council Adoption,
payments will be made to active employees according to the schedule in Appendix
C. Employee payments will be subject to payroll taxes and will be paid out on a
separate check.
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ARTICLE 7 - STANDBY
A. Standby duty is defined as that circumstance which requires an employee so assigned
to:
Be ready to respond immediately to a call for service;
Be readily available at all hours by telephone or other agreed-upon communication
equipment; and
Refrain from activities which might impair his/her assigned duties upon call
(including alcohol consumption).
B. Effective the first full pay period following the adoption of this agreement by City
Council, employees will receive forty-five dollars ($45.00) for each week day, and sixty-
five dollars ($65.00) for each weekend day and holiday of such assignment.
Employees working an alternative work schedule that are assigned to standby duties
and are scheduled off work on a weekday shall receive sixty-five dollars ($65.00)
weekend standby pay.
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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ARTICLE 8 - CALLBACK
A. DEFINITION
Callback is defined as that circumstance which requires an employee to
unexpectedly return to work after the employee has left work at the end of the
employee's work shift or workweek;
Except that, an early call-in of up to two (2) hours prior to the scheduled start or a
work shift shall not be considered a callback.
B. COMPENSATION
For an unexpected return to work, as defined in A above, the City will guarantee
either four (4) hours pay in cash at straight time or pay at time and one-half for time
actually worked, whichever is greater.
If an employee who was called back and has completed his/her assignment and left
work is again called back to work, he/she will not receive another minimum if the
return is within the original minimum.
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ARTICLE 9 - WORK OUT OF CLASSIFICATION
A. OUT-OF-CLASS ASSIGNMENT
For the purposes of this article, an out-of-class assignment is the full-time
performance of all the significant duties of an available, funded position in one
classification by an individual in a position in another classification. An employee
assigned in writing by management to work out-of-class 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 11th day.
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ARTICLE 10 - TEMPORARY ASSIGNMENT
An appointing authority or designee 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. The
temporary assignment may be extended past 90 days if agreed to by the employee in
writing. Such action shall have the prior approval of the Human Resources Director or
designee. 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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ARTICLE 11 - BILINGUAL PAY
Employees certified as bilingual in Spanish through a testing process and certified as being
required to regularly use their Spanish speaking skills shall receive a bilingual payment of
thirty-five ($35) dollars per pay period. Employees are eligible for this incentive the first full
pay period following qualification. Additional languages may be approved by the City based
upon demonstrated need. Regardless of cert ification and payment, all employees shall use
any language skills they possess to the best of their ability.
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ARTICLE 12 - INFORMATION TECHNOLOGY CERTIFICATION INCENTIVES
The following classifications are eligible to receive a $500 monthly stipend for a Microsoft
Certified Engineer (MSCE) or VMWARE Certified Professional Certification (VCP).
Employees are eligible for this incentive the first full pay period following qualification:
Control Systems Administrator
Network Administrator
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ARTICLE 13 - MECHANIC TOOL ALLOWANCE
The following classifications are eligible to receive a tool allowance of $1,000 per year for
tool replacement, tool purchase, and/or tool updates:
Mechanic Helper
Heavy Equipment Mechanic
The allowance will be included on the first full pay period in January each calendar year.
Eligible employees hired after the annual tool allowance is provided, will receive a prorated
tool allowance, based on his/her start date.
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ARTICLE 14 - PAYDAY
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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ARTICLE 15 - RETIREMENT
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%). CalPERS determines who is
a “classic member” within the meaning of the California Public Employees’ Pension
Reform Act (PEPRA).
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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C. New Members
For all employees who CalPERS 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 CalPERS.
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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ARTICLE 16 - INSURANCE
A. HEALTH FLEX ALLOWANCE
Employees electing medical coverage in the City’s plans shall receive a health flex
allowance, as defined by the Affordable Care Act (“ACA”) and shall purchase such
coverage through the City’s Cafeteria Plan. If the health flex allowance is less than
the cost of the medical plan, the employee shall have the opportunity to pay the
difference between the health flex allowance and the premium cost on a pre-tax
basis through the City’s Cafeteria Plan. If the premium cost for medical coverage
is less than the health flex allowance, the employee shall not receive any unused
health flex in the form of cash or purchase additional benefits under the Cafeteria
Plan. Less than full-time employees shall receive a prorated share of the City's
contribution. The 2018 and 2019 monthly health flex allowance amounts are:
Level of Coverage 2018 Rates
Effective
December 2018
for 2019 Rates
Employee Only $539 $550
Employee Only "Grandfathered"
*with no cash back option $790 $790
Employee Plus One $1,066 $1,088
Family $1,442 $1,472
Employees hired prior to September 1, 2008 that are grandfathered in and elect
employee only medical coverage will receive the health flex allowance listed above
for employee only “grandfathered” coverage. If an employee that is receiving
Employee Only or Opt Out “Grandfathered” coverage changes their level of
coverage, they will be eligible to return to the grandfathered coverage in a future year.
If the premium cost for medical coverage is less than the health flex allowance, the
employee shall not receive any unused health flex in the form of cash.
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Effective December 2018 (for the January 2019 premium), the City’s total health flex
allowance for group medical coverage shall be increased by an amount equal to one-
half of the average percentage change for family coverage in the PERS health plans
available in San Luis Obispo County. In any event, the City’s contribution will not be
decreased. For example: if three plans were available and the year-to-year changes
were +10%, +20%, and -6% respectively, the City’s contribution would be increased
by 4% (10% + 20% + -6% ÷ 3 = 8% x 1/2). The employee only gran dfathered amount
will not adjust.
The City agrees to continue its contribution to the health flex allowance 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 flex allowance for the first two pay periods following the pay period in which
the employee's accrued vacation and sick leave balances reach zero (0).
B. PERS HEALTH BENEFIT PROGRAM
The City has elected to participate in the PERS Health Benefit Program. The City
shall contribute an equal amount towards the cost of medical coverage under the
Public Employee’s Medical and Hospital Care Act (PEMHCA) for both active
employees and retirees. The City’s contribution toward coverage under PEMHCA
shall be the statutory minimum contribution amount established by CalPERS on an
annual basis. 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. In summary, this cost and any increases will be borne by the
employees.
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Health Insurance Benefits for Domestic Partners
The City has adopted a resolution electing to provide health insurance benefits to
domestic partners (Section 22873 of the PEMHCA).
C. CONDITIONAL OPT OUT
Employees who at initial enrollment or during the annual open enrollment period,
complete an affidavit and provide proof of other minimum essential coverage for
themselves and their qualified dependents (tax family) that is not a qualified health
plan coverage under an exchange/marketplace or an individual plan, will be allowed
to waive medical coverage for t hemselves and their qualified dependents (tax family).
The monthly conditional opt-out incentives are:
Opt Out $200
“Grandfathered” Opt Out $790 (hired before September 1, 2008)
The conditional opt-out incentive shall be paid in cash (taxable income) to the
employee. The employee must notify the City within 30 days of the loss of other
minimum essential coverage. The conditional opt-out payment shall no longer be
payable, if the employee and family members cease to be enrolled in other minimum
essential coverage. Employees receiving the conditional opt-out amount will also be
assessed $16.00 per month to be placed in the Retiree Health Insurance Account.
This account will be used to fund the City's contribution toward retiree premiums and
the City's costs for the Public 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.
D. DENTAL AND VISION INSURANCE/DEPENDENT COVERAGE
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Effective January 1, 2017, employee participation in the City's dental and vision plans
is optional. Employees who elect coverage shall pay the dental and/or eye premium
by payroll deductions on a pre-tax basis through the City’s Cafeteria Plan.
E. LIFE INSURANCE AND ACCIDENTIAL DEATH AND DISMEMBERMENT (AD&D)
Employees shall pay for life insurance coverage of Fifty Thousand Dollars ($50,000).
Effective April 1, 2019 following Council Adoption, Accidental Death and
Dismemberment coverage in the amount of Fifty Thousand Dollars ($50,000) shall
be paid by the employee through the City’s Cafeteria Plan.
F. MEDICAL PLAN REVIEW COMMITTEE
The Association shall appoint two voting representatives to serve on a Medical Plan
Review Committee. In addition, the Association may appoint one non-voting
representative to provide a wider range of viewpoint for discussion. The vote of each
voting representative shall be weighted according to the number of employees
represented by the Association.
1. DUTIES AND OBLIGATIONS OF THE MEDICAL PLAN REVIEW COMMITTEE
a. Review and suggest changes for the City's flexible benefits plan and the
insurance plans offered under the MOA;
b. Submit to the City and its employee associations recommendations on
proposed changes for the City's flexible benefits plan and the insurance plans
offered under the MOA;
c. Disseminate information and educate employees about the City's flexible
benefits plan and the insurance plans offered under the MOA;
d. Participate in other related assignments requested by the City and its
employee associations.
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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.
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ARTICLE 17 - LONG TERM DISABILITY INSURANCE
A. COVERAGE
All employees shall be covered by Long Term Disability Insurance (LTD).
B. COST OF LTD
The employee shall pay all costs of the program, which the City shall deduct from
employees' paychecks.
C. ACCUMULATION OF BENEFITS
Time-in-service and other City benefits will only accrue when an employee is on
City-paid time.
D. COORDINATION OF BENEFITS
1. LTD payments shall be coordinated with accumulated paid time so that take
home pay will not exceed regular take home pay. Paid time is defined as
vacation, sick leave, CTO, and holiday.
2. The coordination of payments will be administered by the City. The employee
must take his/her uncashed LTD benefit check to Finance.
a. Determination of the use of paid time for coordination of benefits shall
be made by the City. Employees on disability leave shall be required
to use all accumulated paid time prior to using unpaid time.
b. Employees who receive LTD benefits shall receive credit for a portion
of the paid leave used to cover their absence. To determine the credit,
the amount of their LTD benefit shall be divided by their base hourly
rate multiplied by 1.4. The credit shall be prorated if the employee has
any non-paid time during the pay period. To receive the credit, the
employee must sign his/her LTD benefit check over to the City.
EXAMPLE: Employee uses 80 hours of sick leave.
Employee receives $384 from LTD.
Employee's hourly rate is $9.67.
1.4 x $9.67 = $13.54
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$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, Article 16,
Section A.
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.
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ARTICLE 18 - HOLIDAYS
The following days of each year are designated as paid holidays:
January 1 - New Year's Day
Third Monday in January - Martin Luther King Jr. Birthday
Third Monday in February - Presidents’ Day
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
November 11 - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
December 25 - Christmas
One-half day before Christmas
One-half day before New Year's Day
Two Floating Holidays
When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday
falls on a Sunday, the following Monday shall be observed. A holiday shall be defined as
eight (8) hours of paid time off for regular full-time employees.
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 of non-essential City
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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.
Effective upon Council Adoption, the remaining eight (8) hours of the 2019 calendar year
floating holiday will be provided in a floating holiday leave bank. Going forward, the two
floating holidays (16 hours) will be provided in a floating holiday leave bank the pay period
that January 1st falls within rather than being accrued twice per year. Employees will have
the ability to use floating holiday leave hours at any point during the calendar year. Unused
floating holiday leave will not be carried over year to year but can be taken through
December 31st of each year.
If an employee terminates for any reason, having taken off hours in excess of his/her
prorated share of the floating holiday, the value of the overage will be deducted from the
employee’s final paycheck.
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ARTICLE 19 - SICK LEAVE
A. Sick leave shall be defined as absence from duty because of illness or off-the-job
injury, or exposure to contagious diseases as evidenced by certification from an
accepted medical authority.
B. Rules governing sick leave:
1. Each incumbent of a line-item position shall accrue sick leave with pay at the
rate of twelve (12) days or the prorated shift equivalent per year of continuous
service.
2. Sick leave may be used after the completion of the month of service in which
it was earned.
3. Sick leave shall begin with the first day of illness.
4. Department heads shall be responsible to the City 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.
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8. An appointing authority, subject to approval of the Human Resources Director,
may require any employee to be medically examined where reasonable cause
exists to believe that an employee has a medical condition which impairs
his/her job effectiveness or may endanger the health, safety or welfare of the
employee, other employees, or the public. Employees who are judged to be
physically incapable of meeting normal requirements of their positions may be
placed in a classification of work for which they are suitable when a vacancy
exists, or may be separated for physical disability.
9. In the event that an employee's sick leave benefits become exhausted due to
illness or exposure to contagious disease, the employee shall revert to a
status of leave of absence without pay and be subject to the provisions of the
Personnel Rules unless eligible to participate in the City's Catastrophic Leave
Policy. For continuation of medical insurance see Insurance, Article 16,
Section A.
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
engaging in employment other than employment by the City for monetary gain
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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 the employee or
beneficiary may choose: 1) a payout of the employee’s accumulated sick
leave balance based on years of service according to the following schedule,
2) to convert a portion or all of the employee’s sick leave balance to service
credit in accordance with CalPERS regulations, or, 3) a combination of these
two options:
(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%
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ARTICLE 20 - BEREAVEMENT LEAVE
At each employee's option, sick leave may be used to be absent from duty due to the death
of an employee’s family member as defined in Article 21, Section C, provided such leave as
defined in this section shall not exceed five (5) working days (40 hours) for each incident.
The employee may be required to submit proof of relative's death before being granted sick
leave pay. False information concerning the death or relationship shall be cause for
discharge.
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ARTICLE 21 - FAMILY LEAVE
A. An employee may take up to 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. 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.
C. 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.
D. The amounts shown in A, B, and C above are annual maximums, not maximums per
qualifying family member.
E. 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 in accordance with the federal Family and Medical
Leave Act (FMLA) and the California Family Rights Act (CFRA) within any 12-month
period. FMLA 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 FMLA/CFRA. Employees must use all available vacation, compensatory time off,
floating holiday, and sick leave prior to receiving unpaid FMLA/CFRA leave. Effective
upon Council Adoption, In the event an employee is caring for a family member and is
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covered under FMLA/CFRA, s/he will be able to use all accrued sick leave to care for
a family member.
Employees on FMLA/CFRA 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 FMLA/CFRA.
Only City group health insurance premiums will be paid by the City.
If an employee does not return to work following FMLA/CFRA 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 FMLA/CFRA leaves, are available through the City's "Guide to
Family/Leave Program."
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ARTICLE 22 - VACATION LEAVE
A. Each incumbent of a 40 hour a week line-item position shall accrue vacation leave with
pay at the rate of 12 days (96 hours) per year of continuous service since the benefit
date for the first five years, 15 days (120 hours) per year upon completion of five years,
18 days (144 hours) per year upon completion of ten years, and 20 days (160 hours)
upon completion of twenty years.
B. An incumbent is not eligible to use accrued vacation leave until it has been accrued
and approved as provided below.
C. A regular employee who leaves the City service shall receive payment for any unused
vacation leave.
D. It is the employee's responsibility to request and use vacation leave in a manner that
neither jeopardizes their vacation balance nor the efficiency of the work unit. Vacation
schedules must be reviewed by management prior to the scheduled vacation.
Vacation schedules will be based upon the needs of the City and then, insofar as
possible, upon the wishes of the employee. Management may not deny an
employee's vacation request if such denial will result in the loss of vacation accrual by
the employee, except that, management may approve a two-month extension of
maximum vacation accrual. In no event shall more than one such extension be
granted in any calendar year.
E. Any employee who is on approved vacation leave and becomes eligible for
sick leave, as defined in Section 2.36.420 of the Municipal Code, may have such time
credited as sick leave under the following conditions:
1. A physician's statement certifying that illness, injury or exposure to
contagious disease has occurred is presented to the supervisor upon
returning to work.
2. The vacation leave immediately ends and the employee reports to work
following the end of sick leave usage. (Ordinance No. 782 - 1978
Series)
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F. Vacation leave shall be accrued as earned through the last pay day in December, up
to a maximum of twice the annual rate. Effective April 2019, SLOCEA employees
vacation time shall not exceed twice the annual rate. If an employee reaches the cap
at any time throughout the year, the employee will stop accruing vacation leave.
G. All employees in this unit are eligible, once 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. If an employee reaches the
annual accrual cap before December and is eligible for cash out as defined above, the
employee will be able to request vacation payment one additional time during the year,
in addition to the December cash out. However, no more than 40 hours of unused
vacation leave will be paid out in any calendar year. Employees must have eighty (80)
hours of accrued vacation leave to be eligible for cash out in December. Upon request,
vacation sellback payments shall be made by separate check.
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ARTICLE 23 - WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on-the-job injury in accordance with state
workers' compensation law and is not eligible for disability payments under Labor Code
Section 4850 shall be paid the difference between his/her base salary and the amount
provided by workers' compensation during the first 90 business days of such temporary
disability absence. Eligibility for workers' compensation leave requires an open workers'
compensation claim.
For continuation of medical insurance see Insurance, Article 16, Section A.
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ARTICLE 24 - WORK SCHEDULE
Employees shall be scheduled to work on regular work shifts having regular starting and
quitting times. Except for emergencies, employees' work shifts shall not be changed without
reasonable prior written notice to the employee and the Human Resources Director. At least
14 days’ notice will normally be given, but in no event will less than seven days’ notice be
given, for an ordered work shift change. Neither callback nor overtime constitutes a change
in work shift. All references to accrual of vacation, holiday or sick leave in the Agreement
shall be interpreted as one (1) day being equivalent to eight (8) hours.
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ARTICLE 25 - PROBATION PERIOD
All new appointments in line-item positions in the classified service shall be subject to a
probationary period of one year. Promotions or transfers to line-item positions within the
general unit in the classified service shall be subject to a probationary period of six months.
The probationary period may be extended or reinstated if further employee evaluation is
deemed necessary for up to six months upon the written recommendation of the department
head and the written approval of the Human Resources Director.
Employees not successfully passing a promotional or transfer probation or voluntarily
requesting to have the promotion rescinded during the first 90 calendar days of the
probationary period shall be returned to their previously held position without notice or
hearing. If the cause for not passing probation was sufficient grounds for dismissal, the
employee shall be subject to dismissal without reinstatement to the lower position. If no
vacancy exists, the name of the employee may be placed on a Reemployment List per
Article 29, Layoffs, Section B.
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ARTICLE 26 - PERFORMANCE EVALUATIONS
All regular full-time employees shall receive an annual written performance evaluation from
their supervisor within thirty (30) days of the employee’s anniversary date, absent
exceptional circumstances. All regular full-time probationary employees shall receive
quarterly written performance evaluations within (30) days following the due date from their
supervisor, absent exceptional circumstances.
Effective March 1, 2019 following Council Adoption, the performance evaluation scale will
be modified from its existing five categories (Outstanding, Exceeds Expectations, Meets
Expectations, Needs Some Improvement, Does Not Meet Minimum Requirements) to three
categories (Exceeds Performance Standards, Meets Performance Standards, Below
Performance Standards).
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ARTICLE 27 - AMERICANS WITH DISABILITIES ACT
The City and Association acknowledge the passage of the Americans with Disabilities Act.
It is agreed that the City shall take all necessary actions to comply with the provisions of this
Act. If necessary, sections of this Memorandum of Agreement and/or the City Personnel
Rules may be suspended in order to achieve compliance.
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ARTICLE 28 - TRANSFER
A. TRANSFER PROCESS
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.
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ARTICLE 29 - LAYOFFS
LAYOFF PROCEDURE
In accordance with Personnel Rule 2.36.280, the City Council of San Luis Obispo shall
determine when and in what position or classifications layoffs are to occur. The Human
Resources Director shall be responsible for the implementation of a layoff order of the City
Council in accordance with the procedures outlined below:
A. After determining which job classification within a department shall be laid off,
the order of layoffs shall be as follows:
1. Temporary and contract employees, in the order to be determined by the
appointing authority;
2. Probationary employees (promotional probation excluded), in the order
to be determined by the appointing authority;
For regular employees, layoffs shall be governed by job performance and
seniority in service within a particular department and job classification. For the
purpose of implementing this provision, job performance categories shall be
defined as follows:
Category 1:
Performance that is unsatisfactory, below standard, needs improvement,
unacceptable or does not meet minimum standards. Performance
defined by this category is evidenced by the employee's two most recent
performance evaluations with an overall rating that falls within the lowest
two categories of the performance appraisal report.
Category 2:
Performance that is competent, superior, meets expectations, meets
performance standards, exceeds performance standards and
expectations or is outstanding. Performance defined by this category is
evidenced by an employee's two most recent performance evaluations
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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.
An appointing authority may, with the approval of the department head and the
Human Resources Director and in agreement with the employee, appoint an
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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, the
City Manager may depart therefrom on the basis of a clearly
demonstrable superiority in performance and/or qualifications.
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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.
K. Employee Rights and Responsibilities.
In addition to rights identified herein, employees affected by these procedures
shall also have the following rights:
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1. Through prior arrangement with his/her immediate supervisor an
employee who has been notified of his/her impending layoff shall be
granted reasonable time off without loss of pay to participate in a
prescheduled interview or test for other employment.
2. An employee who has been laid off shall be paid in full for his/her
unused accrued vacation leave on the effective date of the layoff.
3. When an individual is reemployed he/she shall be entitled to:
a. Retain his/her seniority date.
b. Accrue vacation leave at the same rate at which it was accrued at
the time of the layoff.
c. Have any unused sick leave reinstated.
An individual reemployed into the job classification from which he/she was laid off shall be
assigned to the same salary range and step he/she held at the time of the layoff. An
individual reemployed into a job classification other than the classification from which
he/she was laid off shall be assigned to the salary range of the new classification at the
amount closest to the salary he/she earned at the time of the layoff. An individual
reemployed into the classification from which he/she was laid off while still a probationary
employee shall complete, upon return to the job, the remaining portion of his/her
probationary period, if any, in effect at the time of the layoff. Similarly, an individual who is
reemployed shall complete upon return to the job the same work time he/she would have
had to work at the time of the layoff to attain a higher vacation leave accrual rate or to
become eligible for a salary step increase, if such changes are possible.
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ARTICLE 30 - MODIFIED DUTY ASSIGNMENT
If an employee's medical condition temporarily precludes the performance of his/her normal
duties and management determines modified work is available and necessary to be
performed, he or she may, with medical authorization, be temporarily assigned to such work
for a period not to exceed six months. No change in base pay will result unless the duties
to be performed are substantially greater or lesser than those normally performed by the
employee and the employee's current pay rate is not within the pay range for the temporarily
assigned work. In no event shall any employee's current pay rate be reduced more than
four (4) ranges at the same step.
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ARTICLE 31 - CLASS "A & B" PHYSICALS
The City will pay for costs for physical exams not covered by City insurance policies required
for those employees required by the City to hold valid Class "A or B" California drivers
licenses.
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ARTICLE 32 - UNIFORM AND UNIFORM ALLOWANCE
A. All employees required to wear City uniforms shall be provided clean uniforms. A
uniform includes either one shirt and pants combination or one pair of coveralls.
B. Uniforms and work shoes shall only be used on City business.
C. Employees required to wear City uniforms shall only be permitted to wear other
clothing for medical reasons upon submission of a letter from the city doctor certifying
that the city uniform is injurious to their health. Decisions regarding this paragraph
shall be made by the Human Resources Director on a case-by-case basis.
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ARTICLE 33 - SAFETY PROGRAM
The City shall continue a compensation program for safety representatives on the basis that
each designated safety member shall be compensated at the rate of $10.00 per month. The
description of the duties of a safety committee member shall be designed by the Human
Resources Director or his/her designee. The intent of the safety representatives is to assist
the Human Resources Director and the overall safety program in reducing accidents by
reporting hazardous conditions.
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ARTICLE 34 - EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose of representation on all
matters of employer-employee relations including but not limited to, wages, hours and other
terms and conditions of employment. Employees of the City also shall have the right to
refuse to join or participate in the activities of employee organizations and shall have the
right to represent themselves individually in their employment relations with the City. No
employee shall be interfered with, intimidated, restrained, coerced or discriminated against
because of the exercise of these rights.
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ARTICLE 35 - GRIEVANCE PROCEDURE
A grievance is defined as an alleged violation, misinterpretation or misapplication of the
employer-employee resolution, the Personnel Rules and Regulations, any Memorandum of
Agreement, excluding disciplinary matters, or any existing written policy or procedure
relating to wages, hours or other terms and conditions of employment excluding disciplinary
matters.
Each grievance shall be handled in the following manner:
A. The employee who is dissatisfied with the response of the immediate supervisor shall
discuss the grievance with the supervisor's immediate superior. The employee shall
have the right to choose a representative to accompany him/her at each step of the
process. If the matter can be resolved at that level to the satisfaction of the employee,
the grievance shall be considered terminated.
B. If still dissatisfied, the employee may submit the grievance in writing to the
department head for consideration, stating the facts on which it was based, including
the provision of the rules, regulations, or agreement said to be violated, and the
proposed remedy. This action must take place within fifteen (15) business days of
the response of the supervisor's immediate superior but in no event later than thirty
(30) calendar days after the occurrence of the event giving rise to the grievance. The
department head shall promptly consider the grievance and render a decision in
writing within fifteen (15) business days of receiving the written grievance. If the
employee accepts the department head's decision, the grievance shall be considered
terminated.
C. If the employee is dissatisfied with the department head's decision, the employee
may immediately submit the grievance in writing to the Human Resources Director
within seven (7) business days of receiving the department head’s decision. The
Human Resources Director shall confer with the employee and the department head
and any other interested parties, and shall conduct such other investigations as may
be advisable.
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D. The results of findings of such conferences and investigations shall be submitted to
the City 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.
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ARTICLE 36 - REPRESENTATIVE ROLE
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
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and the number of hours 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.
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ARTICLE 37 - COMMITTEE REPRESENTATION
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.
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ARTICLE 38 - DUES DEDUCTION
A. The City agrees to automatically deduct from bargaining unit member’s pay SLOCEA
dues and other SLOCEA assessments as authorized and certified by SLOCEA.
Certification by SLOCEA will be in writing and directed to the City’s Finance Director
or his/her designee. Requests to cancel or change deductions once certified by
SLOCEA will be directed to SLOCEA rather than to the City. The City shall rely on
the information provided by SLOCEA regarding whether the deductions were
properly deducted, cancelled or changed and SLOCEA will indemnify the City of any
claims made by the employee for deductions, cancellations or changes made in
reliance on the certification/information to the City by SLOCEA.
B. The City further agrees to issue a deposit transfer each payroll period, payable to
SLOCEA’s designated financial institution, for the total amount of the individual
bargaining unit members deductions for dues and assessments collected during
each payroll period.
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ARTICLE 39 - MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the
mission of its constituent departments, commissions and boards; set standards of service;
determine the procedures and standards of selection for employment and promotion; direct
its employees; take disciplinary action; relieve its employees from duty because of lack of
work or for other legitimate reasons; maintain the efficiency of governmental operations;
determine the methods, means and personnel by which government operations are to be
conducted; determine the content of job classifications; take all necessary actions to carry
out its mission in emergencies; and exercise complete control and discretion over its
organization and the technology of performing its work.
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ARTICLE 40 - PEACEFUL PERFORMANCE
If an employee participates in a strike or a concerted work stoppage, the City may apply
discipline up to and including discharge. However, nothing herein shall be so construed as
to affect the right of any employee to abandon or to resign his employment.
A. Employee organizations shall not hinder, delay, or interfere, coerce employees of the
City to hinder, delay, or interfere with the peaceful performance of City services by
strike, concerted work stoppage, cessation of work, slow-down, sit-down, stay-away,
or unlawful picketing.
B. In the event that there occurs any 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.
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ARTICLE 41 - FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all
negotiable issues between the City and the Association. The Agreement supersedes all
previous Memoranda of Understanding or Memoranda of Agreement between the City and
the Association except as specifically referred to in this Agreement. The parties, for the term
of this Agreement, voluntarily and unqualifiedly agree to waive the obligation to meet and
confer with respect to any terms and conditions of employment specifically referred to or
covered in this Agreement. If, during the term of this Agreement, the City proposes changes
to terms and conditions of employment not covered by this Agreement and/or introduces
new terms and conditions of employment that fall within the statutory scope of bargaining,
the Association will be afforded written notice of such proposed changes and the right to
meet and confer upon request prior to implementation of the proposed changes.
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ARTICLE 42 - SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by any court
of competent jurisdiction, or if compliance with or enforcement of any provision should be
restrained by any tribunal, the remainder of this Agreement shall not be affected thereby,
and the parties shall enter into a meet and confer session for the sole purpose of arriving at
a mutually satisfactory replacement for such provision within a thirty (30) day work period.
If no agreement has been reached, the parties agree to invoke the provision of impasse
under Section 13 of City Resolution No. 6620.
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ARTICLE 43 - AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Agreement:
A. The Association's principal authorized agent shall be the President (address: 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).
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ARTICLE 44 - SIGNATURES
Classifications covered by this Agreement and included within this unit are shown in
Appendix "A".
This Agreement becomes effective February 19, 2019, as witnessed hereto by the following
parties:
CITY OF SAN LUIS OBISPO SAN LUIS OBISPO CITY EMPLOYEES’
ASSOCIATION
_______________________________ _______________________________
Richard Bolanos, City Consultant Dale E. Strobridge, SLOCEA Consultant
_______________________________ _______________________________
Monica Irons, Human Resources Director Ron Faria, SLOCEA President
Other City Negotiating Team Members Other SLOCEA Negotiating Team Members
Nickole Sutter Anthony Whipple
Brian Lindsey
Pam Ouellette
Rebecca Cox
Ryan Dale
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APPENDIX A - CLASSIFICATIONS
The classifications listed below are those classifications represented by the Association
and are presented alphabetically which does not illustrate job families nor functional
groupings as shown in previous MOA’s.
. Accounting Assistant I
. Accounting Assistant II
. Accounting Assistant III
. Administrative Assistant I
. Administrative Assistant II
. Administrative Assistant III
. Assistant Planner
Associate Planner
. Building Inspector I
. Building Inspector II
. Code Enforcement Officer I
. Code Enforcement Officer II
Code Enforcement Technician I
Code Enforcement Technician II
Control Systems Administrator
Control Systems Technician
Database Administrator
Deputy City Clerk I
Deputy City Clerk II
. Engineer I
. Engineer II
. Engineer III
. 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
Heavy Equipment Mechanic
Information Technology Assistant
Laboratory Analyst SBP
. Maintenance Worker I - Parks
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. Maintenance Worker II - Parks
. Maintenance Worker III - Parks
Mechanic Helper
Network Administrator
Parking Coordinator
Parking Enforcement Officer I
Parking Enforcement Officer II
Parking Meter Repair Worker
Parks Crew Coordinator
Parks Maintenance Specialist SBP
. 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
Sweeper Operator
Tourism Coordinator
Transit Assistant
Transit Coordinator
. Transportation Planner-Engineer I
. Transportation Planner-Engineer II
. Transportation Planner-Engineer III
Underground Utilities Locator
Urban Forester SBP
Utility Billing Assistant
Wastewater Collection System Operator SBP
Water Distribution Chief Operator
Water Distribution System Operator SBP
Water Resource Recovery Facility Chief Maintenance Technician
Water Resource Recovery Facility Chief Operator
Water Resource Recovery Facility Maintenance Technician SBP
Water Resource Recovery Facility Operator SBP
Water Resources Technician
Water Supply Operator SBP
Water Treatment Plant Chief Operator
Water Treatment Plant Maintenance Technician SBP
Water Treatment Plant Operator SBP
Water Treatment Plant Chief Maintenance Technician
. Denotes positions within a career series
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APPENDIX B - SKILLS BASED PAY GUIDANCE DOCUMENT
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APPENDIX C – BACK PAY OVERTIME SUMMARY BY EMPLOYEE
Employee ID Amount Due Notes
92981 $ (0.01) Paid to SLOCEA
76600 $ (0.01) Paid to SLOCEA
33609 $ (0.01) Paid to SLOCEA
46919 $ (0.01) Paid to SLOCEA
10959 $ (0.01) Paid to SLOCEA
35688 $ (0.01) Paid to SLOCEA
65460 $ (0.01) Paid to SLOCEA
66560 $ (0.01) Paid to SLOCEA
27557 $ (0.01) Paid to SLOCEA
26024 $ (0.02) Paid to SLOCEA
54367 $ (0.03) Paid to SLOCEA
88452 $ (0.03) Paid to SLOCEA
30315 $ (0.04) Paid to SLOCEA
80870 $ (0.06) Paid to SLOCEA
73380 $ (0.13) Paid to SLOCEA
86670 $ (0.15) Paid to SLOCEA
64925 $ (0.16) Paid to SLOCEA
80157 $ (0.17) Paid to SLOCEA
64203 $ (0.17) Paid to SLOCEA
50735 $ (0.19) Paid to SLOCEA
25522 $ (0.23) Paid to SLOCEA
11443 $ (0.24) Paid to SLOCEA
60380 $ (0.24) Paid to SLOCEA
25918 $ (0.24) Paid to SLOCEA
88023 $ (0.32) Paid to SLOCEA
32861 $ (0.32) Paid to SLOCEA
48590 $ (0.34) Paid to SLOCEA
45876 $ (0.36) Paid to SLOCEA
63012 $ (0.52) Paid to SLOCEA
17300 $ (0.52) Paid to SLOCEA
80868 $ (0.52) Paid to SLOCEA
80295 $ (0.57) Paid to SLOCEA
27765 $ (0.57) Paid to SLOCEA
92330 $ (0.70) Paid to SLOCEA
57488 $ (0.91) Paid to SLOCEA
56181 $ (1.11) Paid to Employee
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Employee ID Amount Due Notes
33805 $ (1.14) Paid to Employee
66770 $ (1.21) Paid to Employee
11520 $ (1.22) Paid to Employee
34051 $ (1.63) Paid to Employee
28240 $ (2.00) Paid to Employee
67010 $ (2.15) Paid to Employee
13040 $ (2.76) Paid to Employee
81010 $ (2.96) Paid to Employee
73235 $ (3.08) Paid to Employee
60920 $ (3.09) Paid to Employee
58345 $ (3.29) Paid to Employee
67832 $ (3.33) Paid to Employee
20019 $ (3.72) Paid to Employee
67270 $ (3.93) Paid to Employee
71570 $ (4.04) Paid to Employee
65680 $ (4.42) Paid to Employee
89133 $ (4.50) Paid to Employee
36130 $ (4.96) Paid to Employee
22470 $ (5.12) Paid to Employee
60178 $ (5.17) Paid to Employee
22180 $ (5.19) Paid to Employee
32108 $ (5.35) Paid to Employee
66740 $ (5.65) Paid to Employee
15840 $ (6.94) Paid to Employee
10602 $ (6.99) Paid to Employee
75918 $ (7.29) Paid to Employee
44543 $ (7.32) Paid to Employee
48582 $ (7.34) Paid to Employee
59965 $ (7.71) Paid to Employee
28166 $ (8.37) Paid to Employee
13090 $ (9.85) Paid to Employee
78691 $ (9.87) Paid to Employee
88858 $ (10.05) Paid to Employee
11420 $ (10.24) Paid to Employee
77250 $ (10.63) Paid to Employee
14155 $ (12.78) Paid to Employee
88068 $ (13.14) Paid to Employee
60095 $ (13.31) Paid to Employee
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Employee ID Amount Due Notes
86640 $ (13.63) Paid to Employee
15554 $ (13.74) Paid to Employee
26610 $ (16.81) Paid to Employee
70985 $ (17.02) Paid to Employee
45869 $ (17.68) Paid to Employee
60843 $ (19.46) Paid to Employee
65490 $ (23.19) Paid to Employee
86088 $ (23.43) Paid to Employee
50507 $ (24.09) Paid to Employee
25523 $ (26.34) Paid to Employee
28440 $ (31.63) Paid to Employee
36410 $ (33.88) Paid to Employee
66420 $ (39.50) Paid to Employee
30218 $ (40.19) Paid to Employee
64970 $ (43.13) Paid to Employee
33651 $ (46.53) Paid to Employee
30788 $ (48.21) Paid to Employee
91115 $ (54.67) Paid to Employee
59440 $ (58.23) Paid to Employee
36540 $ (60.43) Paid to Employee
81165 $ (60.71) Paid to Employee
59450 $ (64.25) Paid to Employee
70002 $ (74.10) Paid to Employee
54360 $ (74.91) Paid to Employee
14878 $ (87.31) Paid to Employee
34112 $ (102.47) Paid to Employee
48585 $ (128.95) Paid to Employee
88390 $ (138.24) Paid to Employee
27795 $ (186.48) Paid to Employee
28172 $ (209.00) Paid to Employee
54140 $ (218.68) Paid to Employee
27179 $ (232.03) Paid to Employee
66060 $ (235.80) Paid to Employee
92295 $ (628.19) Paid to Employee
TOTAL
AMOUNT $ (3,323.57)
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