Loading...
HomeMy WebLinkAbout9517-9524RESOLUTION NO. 9524 (2004 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADJUSTING THE COMPENSATION FOR THE CITY'S CONFIDENTIAL EMPLOYEES FOR THE PERIOD OF JANUARY 1, 2004 THROUGH DECEMBER 31, 2004 WHEREAS, the City of San Luis Obispo designates the Executive Assistant to the City Administrative Officer, the Executive Assistant to the Director of Human Resources, the Legal Assistant and the Human Resources Specialist as confidential employees pursuant to the Government Code, WHEREAS, as such, confidential employees are precluded from collective bargaining and therefore are not governed by a collective bargaining agreement, WHEREAS, the wages, hours and other terms and conditions of employment for confidential employees are established by resolution, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby resolves as follows: SECTION 1. The salaries of the confidential employees shall be increased 2% effective the first day of the first full pay period in January 2004 and 1% effective the first day of the first full pay period in July 2004. SECTION 2. The cafeteria plan contribution for confidential employees shall be increased to $540 per month effective December 1, 2003. Upon motion of Council Member Settle, seconded by Vice Mayor Schwartz, and on the following roll call vote: AYES: Council Members Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: Council Member Ewan R 9524 Resolution No. 9524 (2004 Series) Page 2 The foregoing resolution was adopted this 17`b day of February, 2004. Mayor' ATTEST: Lee Price, CMC City Clerk APPROVED AS TO FORM: Jo ath P. Lowell, City Attorney qtLmc)-C\ O O RESOLUTION NO. 9523 (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REVISING THE GUIDELINES FOR PUBLIC ART WHEREAS, on May 15, 1990, the Council adopted Resolution No. 6811 creating a Visual Arts in Public Places program and establishing Guidelines for Public Art; and WHEREAS, over the years the Visual Arts in Public Places program has evolved and the need now exists to clarify roles and responsibilities of the public art reviewing bodies with regard to the criteria set forth in the Guidelines for Public Art. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the Guidelines for Public Art are amended as shown on Exhibit A and attached herein: Upon motion of Vice Mayor Schwartz, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: Council Member Ewan The foregoing resolution was adopted this 17`s day of February, 2004. ATTEST: M Lee Price, City Clerk APPROVED AS TO FORM: Jona . Lowell City Attorney Mayor David F. Romero R 9523 r GUIDELINES FOR PUBLIC ART Architectural Review Commission Criteria 1. Public art shall be located within the public right -of -way, or shall otherwise be easily visible or accessible from a public right -of -way. 2. Interior locations for public art shall be freely open and accessible to the public. 3. Consideration shall be given to the size, massing, location and scale of the proposed piece and to potential conflicts with present or future vegetation or construction. 4. The design and placement of public art shall not impede pedestrian or vehicle traffic, or conflict with public or private easements. 5. Consideration shall be given to any public safety or public health concerns created by the artwork. 6. Public art shall be integrated with the site, and include landscaping, lighting, interpretive information and other amenities where appropriate. 7. Public art shall be securely installed. Public Art Jury Criteria 1. Public artwork shall be original and of high artistic quality and shall not include any signage or other advertisement or logo, literal or abstract. 2. Public art should be considerate of the immediate site and neighborhood in terms of historic, social and cultural characteristics, architectural scale, materials, land use, and geographical and environmental context. 3. Public art shall be integrated with the site, and include landscaping, lighting, interpretive information and other amenities where appropriate. 4. Permanent public art shall be constructed of durable, high - quality materials and require minimal or no maintenance. Temporary public art shall be constructed of materials appropriate to its duration of public display. 5. A wide variety of artistic expression is encouraged. However, expressions of profanity, vulgarity or obvious poor taste are inappropriate. Other Review Criteria Public art proposed for areas of high historical sensitivity, such as Mission Plaza and its creek, should be given the closest scrutiny, including input from the Cultural Heritage Committee, before approval by the jury. GA701 -03 Resolution (Log)\Exhibit A R 9523.doc C:D'D rptk 1 �e �c9z -CCU RESOLUTION NO. 9522 (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A LOT LINE ADJUSTMENT WITH EXCEPTIONS TO THE LOT AREA AND WIDTH REQUIREMENTS FOR PROPERTY LOCATED AT 378 GRAND AVENUE, (LLA 172 -03). WHEREAS, the City Council conducted a public hearing on February 3, 2004, and has considered testimony of the applicant, interested parties and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed lot line adjustment and minor subdivision exceptions are consistent with the Zoning and Building Regulations, and other applicable City ordinances; and WHEREAS, the City Council finds that the lot line adjustment is categorically exempt as provided for by California Environmental Quality Act Guidelines, Section 15305 Minor Alterations in Land Use Limitations. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the proposed project (LLA 172 -03), the applicant's statement, staff recommendations and reports thereof, makes the following findings: 1. The lot line adjustment will not increase the number of parcels and complies with Section 66412(d) of the Subdivision Map Act and the City's Subdivision Regulations. 2. With minor exceptions to the Subdivision Regulations, the resulting parcels from the lot line adjustment will conform to the City's Zoning Regulations and building codes. 3. The site is physically suited to the type and density of development allowed in the R -1 zone. 4. The proposed lot line adjustment is categorically exempt from environmental review, pursuant to Section 15305 of the CEQA Guidelines. 5. The property to be divided is of such size or shape, or is affected by such site or topographic conditions, that it is impossible, impractical or undesirable, in this particular case, to conform to the strict application of the regulations codified in Title 16 of the Municipal Code (Subdivision Regulations) because the site is constrained by the location of an existing residence that would need to be moved, demolished or modified to provide a corner lot that meets the minimum standards for area and width. R 9522 Resolution No. 9522 (2004 Series) Page 2 6. The cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification because the adjustment will consolidate four nonconforming lots into two lots (one conforming, one nearly conforming), which provides for one additional building site that is consistent with surrounding properties, and allows the existing residence to remain in its present location without the need for building demolition or relocation. 7. The modification will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity since the resulting parcels are consistent with the lot area and dimensions of other properties in the vicinity and future development will need to comply with the Zoning Regulations and Community Design Guidelines for new development. 8. Granting the modification is in accord with the intent and purposes of these regulations, and is consistent with the general plan and with all applicable specific plans or other plans of the City because the proposed lot design will minimize conflicts between adjacent properties and is designed to help support a desirable living environment on the site. SECTION 2. Approval. The request for approval of the Lot Line Adjustment (LLA 172- 03) with exceptions to the Subdivision Regulations for lot area and width, is hereby approved subject to the following conditions. Conditions: 1. All future development on the affected properties shall comply with the provisions of the Zoning Regulations, including building height, setbacks, lot coverage and parking. 2. The lot line adjustment shall be finalized with either a parcel map or a lot line adjustment agreement. If the agreement is pursued, the applicant shall submit a "Declaration of Lot Line Adjustment ", along with the recording and processing fees, and an 8'/z" x 11" map exhibit suitable for recording, to the Public Works Director for review, approval and recordation, based on samples available in the Community Development Department. 3. A separate exhibit showing all existing public and private utilities shall be approved to the satisfaction of Community Development Director and Public Works Director prior to recordation of the LLA. The utility plan shall include water, sewer, storm drains, gas, electricity, telephone, cable TV, and any utility company meters for each parcel. if applicable. Any utility relocations shall. be completed with proper permits prior to recordation of the LLA. Otherwise, easements shall be prepared and recorded to the satisfaction of the Community Development Director, Public Works Director and serving utility companies. Resolution No. 9522 (2004 Series) Page 3 4. Building setbacks, eave overhangs, exterior wall protection, utility locations, and utility relocations or easements if applicable shall be shown to comply with all codes and ordinances for all properties included in the LLA to the satisfaction of the Building Official. Informational Note: 1. The corner parcel (Parcel B) has been designated as a "sensitive site" by the Community Development Director to ensure that future infill development will be compatible with the scale and character of the existing neighborhood. An application for Architectural Review will be required in accordance with Municipal Code Section 2.48.050. On motion of Council Member Settle, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 3rd day of February, 2004. City Clerk APPROVED AS TO FORM: Jo . Lowell City Attorney Mayor David F. Romero ��� ��> � � ,L���� w��� C C RESOLUTION NO. 9521 (2004 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION FOR THE PERIOD OF JANUARY 1, 2004 THROUGH DECEMBER 31, 2004 BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby resolves as follows: SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo City Employees' Association (SLOCEA), attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby adopted and ratified. SECTION 2. The Finance Director shall adjust the Personnel Services appropriation accounts to reflect the negotiated compensation changes. SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed Memorandum of Agreement approved by it to: Ron Faria, San Luis Obispo City Employees' Association, and Monica Moloney, Director of Human Resources. Upon motion of Council Member Settle, seconded by Vice Mayor Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: None ' a day of February, 2004. City Clerk APPROVED AS TO FORM: Jona an well City Attorney � Mossiolp W-A I AP01, R 9521 MEMORANDUM OF AGREEMENT' BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION JANUARY 1, 2004 Through DECEMBER 31., 2004 city of an tuts osIspo TABLE OF CONTENTS Article No.. Title Page No. 1 Parties to Agreement .......................... ....................,:,.......1 2 Recognition :....................................... ............................... 2 3 Term of Agreement ............................. ..............................3 4 Renegotiation ..................................... ............................... 4 5 Salary .................................................. ................:.............5 6 Overtime .............................................. ..............................9 7 Longevity ............................................ .............................10 8 Standby .....................................:...:.... ........:...................:12 9 Callback ............................................. .............................13 10 Work Out -Of -Class ............................ .............................14 11 Temporary Assignment ...................... .............................15 12 Bilingual Pay ...................................... .............................16 13 Payday ............................................... .............................17 14 Retirement ......................................... .............................18 15 Retiree Medical Trust ......................... .............................19 16 Insurance and Refund ....................... .............................20 17 Long Term Disability Insurance ......... .............................24 18 Holidays ............................................. .............................27 19 Sick Leave .......................................... .............................29 20 Bereavement Leave ........................... ............................:33 21 Family Leave ...................................... .............................34 22 Vacation Leave ................................ ............................... 37 23 Workers' Compensation Leave ......... .............................39 24 Work Schedule .................................. .............................40 25 Vacation Sell Back ............................. ...........................:.41 26 Americans With Disabilities Act ......... .............................42 27 Transfer .............................................. .............................43 28 Layoffs.... ............................................ .............................44 29 Light Duty Assignment ....................... .............................51 30 Class "A & B" Physicals ................... ............................... 52 31 Uniform and Uniform Allowance ...... ............................... 53 32 Safety Program ................................ ............................... 54 33 Employee Rights ................................ .............................55 34 Grievance Procedure ......................... .............................56 35 Representative Role .......................... .............................59 36 Committee Representation ................ .............................60 37 Dues Deduction ..:.............................. .............................61 38 Copies of Agreement ......................... .............................62 39 Reopener .. ....................................... ............................... 63 40 Management Rights ............................. 41 Peaceful Performance ..................... ............................... 65 42 Full Agreement ................................... ....,.<..:...................67 43 Savings Clause ................................ ............................... 68 44 Authorized Agents ...................... ............................... 45 Signatures ........................................ ............................... 70 AppendixA ....................................... ............................... 71 Attachment "l .. ................................... ..........................:..73 ARTICLE 1 PARTIES TO AGREEMENT This Agreement is made and entered into this 3rd day of February, 2004, by and between the City of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo City Employees' Association, hereinafter referred to as the Association. Nothing in this Agreement between the parties shall invalidate nor be substituted for any provisions in City Resolution No. 6620 unless so stipulated to by provision(s) contained herein and agreed to. L7 ARTICLE.2 RECOGNITION Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620, the City hereby recognizes the San Luis Obispo City Employees' Association as the bargaining representative for purposes of representing regular and probationary employees, occupying the position classifications set forth in Appendix A, in the General Unit with respect to their compensation, hours and other terms and conditions of employment for the duration of the Agreement. 2 ARTICLE 3 TERM OF AGREEMENT J This Agreement shall become effective January 1., 2004, except that those provisions which have specific implementation dates shall be implemented on those dates and shall remain in full force and effect until midnight December 31, 2004. 3 C O ARTICLE 4 RENEGOTIATION If the Association desires to negotiate a successor Agreement, then the Association shall serve upon the City, during September of 2004, its written request to begin negotiations as well as its written proposals for such changes. Negotiations shall begin within, but no later than, thirty (30) days from the date of receipt of the notice and proposals by the City. 4 ARTICLE 5 SALARY SECTION A Rules Governing Step Changes The following rules shall govern step increases for employees: (1) The first step is the minimum rate and shall normally be the hiring rate for the class. In cases where it is difficult to secure qualified personnel, or if a person of unusual qualifications is hired, the Administrative Officer 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 5 i 1 completion of one year of service at the third step provided the advancement is recommended by the department head and approved by the Human Resources Director. An employee may be advanced to the fifth step after completion of two years service (one year for employees who were at fifth step in one classification and then promoted to a lower step in a higher classification) at the fourth step provided the advancement is recommended and justified in writing by the department head and approved by the Human Resources Director. (5) The above criteria for step increases apply except where other arrangements are authorized by the Administrative Officer. (6) In applying the above rules, the next step shall be granted, other conditions having been met, on the first day of the payroll period within which the anniversary date occurs. (7) Should the employee's salary not be increased, it shall be the privilege of the department head and Administrative Officer to reconsider such increase at any time during the year. (8) Each department head shall be authorized to reevaluate employees who reach Step 5 in their pay range. An employee who is not performing up to standard for the fifth step shall be notified in writing that the department head intends to reduce him one step unless his job performance improves to an acceptable level by the end of 60 days. Prior to the end of 60 days the department head shall again reevaluate the employee and, as part of that reevaluation, shall notify the employee if the pay reduction shall then l� become effective. The fifth step may be reinstated at any time upon recommendation of the department head. If the department head deems it necessary to again remove the fifth step during the same fiscal year, he /she may make the change at any time with three business days written notice. SECTION B "Y" Rating An employee who is not performing up to established job standards may be "Y" rated, freezing his salary until such time as there is an improved job performance. The department head shall give 60 days written notice to any employee he /she intends to "Y" rate, giving the employee an opportunity to correct any deficiencies. A "Y" rated employee would not receive neither step increases nor salary increases granted by the City Council in a MOA resolution. The "Y" rating procedure shall not result (then or later) in the employee being frozen below the next lower step of the new range. For example, if an employee is at step D when "frozen" his/her salary shall not ever be less then the current step C by this action.. SECTION C Computation of Salary 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 7 Each across - the -board % salary increase shall raise step 5 of range 1 by that %. Step 5 of each successive salary range will be 2.63% above step 5 of the next lower range. After all step 5's of salary ranges have been established, each step 5 shall be rounded off to the nearest $1.00 and the remaining steps established in accordance with the above formula. SECTION D Salary Provision for the Tenn of Agreement 1. The parties agree to a salary increase as set forth below to be effective on the first day of the first full payroll period in the month listed, for all employees employed by the City on the effective date of the increases beginning January 2004. January 2004 2.0% July 2004 1.0% 9 i A. DEFINITION ARTICLE 6 OVERTIME Overtime is defined as all hours ordered by management and worked by the employee in excess of forty (40) hours worked in a work week. Holidays and sick leave will be counted as hours worked for purposes of overtime. All overtime shall be authorized in writing by the department head prior to being compensated. B. COMPENSATION Overtime shall be compensated in cash at one and one half (1 1/2) times the employee's regular rate of pay, or in time off (CTO) at the rate of one and one -half (1 1/2) hours for each hour of overtime worked. All overtime shall be compensated to the nearest five (5) minutes worked. C. COMPENSATORY TIME OFF (CTO) An employee eligible for overtime compensation may elect compensation in the form of time off (CTO). An employee shall be compensated in CTO only if the employee's department head approved such compensation. An employee may not be compensated in CTO for more than sixty (60) hours of overtime worked in the calendar year. Accumulated CTO not taken within the calendar year shall be compensated in cash at straight time. Such compensation shall be paid in January of the following year. IJ ARTICLE 7 LONGEVITY A. Employees with hire dates after December 31, 1973. Effective January 1, 1983, no employees will become eligible for longevity pay and employees then receiving longevity pay shall receive no increases in longevity pay based on additional service with the City. B. Employees with hire dates prior to January 1, 1973. Each employee shall be paid an additional one percent (1 %) of his base salary step following ten years of continuous full -time service with the City. An additional one percent (1 %) of base salary will be added for each subsequent five -year period, calculated to the nearest one dollar ($1.00). C. In the event an employee receiving longevity pay is not. performing up to the established standards set for the job, the department head with the concurrence of the City Administrative Officer may suspend payment of the longevity pay until such time as the employee's work performance comes up to the standard level, in the opinion of the department head and with the concurrence of the City Administrative Officer. D. The department head shall notify the employee in writing that he intends to suspend the longevity pay unless the employee's job performance improves significantly within a 60 -day period. If the employee's job performance does not improve to the desired level by the end of 60 days, the pay reduction shall then become effective. Longevity pay may be reinstated at any time upon recommendation of the department head. If the department head deems it 10 necessary to again remove longevity pay during the same fiscal year, he /she may make the change at anytime with three business days written notice. 11 ARTICLE 8 STANDBY A. Standby duty is defined as that circumstance which requires an employee so assigned to: Be ready to respond immediately to a call for service; Be readily available at all hours by telephone or other agreed -upon communication equipment; and Refrain from activities which might impair his/her assigned duties upon call. B. Employees, other than those assigned to the Water Reclamation Facility, will receive thirty dollars ($30.00) for each week day, thirty -five dollars ($35.00) for each weekend day, and thirty -five dollars ($35.00) for each holiday of such assignment. C. Operators at the Water Reclamation Facility will receive standby amounts equivalent to those set forth above prorated for the hours actually spent on standby duty. D. For return to work as part of a standby assignment, as defined above, the City will guarantee either two (2) hours of pay in cash at straight time or pay at time and one half for time actually worked whichever is greater. E. The parties agree that employees on standby, as defined above, are "waiting to be engaged." 12 C A. DEFINITION ARTICLE 9 CALLBACK Callback is defined as that circumstance which requires an employee to unexpectedly return to work after the employee has left work at the end of the employee's workshift or workweek; Except that, an early call -in of up to two (2) hours prior to the scheduled start or a workshift shall not be considered a callback. B. COMPENSATION For an unexpected return to work, as defined in A above, the City will guarantee either four (4) hours pay in cash at straight time or pay at time and one -half for time actually worked, whichever is greater. If an employee who was called back and has completed his /her assignment and left work is again called back to work, he /she will not receive another minimum if the return is within the original minimum. 13 ARTICLE 10 WORK OUT -OF- CLASSIFICATION. A. OUT -OF -CLASS ASSIGNMENT For the purposes of this article, an out -of -class assignment is the full -time performance of all the significant duties of an available, funded position in one classification by an individual in a position in another classification. An employee assigned in writing by management to work out -of -class on a position that is assigned a higher pay range and is vacant pending an examination or is vacant due to an extended sick leave, shall receive five percent (5 %), but in no case more than the fifth step of the higher class, in addition to their regular base rate commencing on the eleventh consecutive workday on the out -of -class assignment. Employees assigned as project managers and thereby working out-of- classification shall receive compensation pursuant to this section.. B. SEASONAL SUPERVISION If, in addition to his/her regularly assigned employees, any employee responsible for five (5) or more temporary workers for a period exceeding 10 consecutive work days shall receive additional pay of 5% commencing with the 11 th day.. 14 ARTICLE 11 TEMPORARY ASSIGNMENT An appointing authority may temporarily assign an employee to a different position for a specific period of time, after which the employee returns to his/her regular duties and position from which he /she was regularly assigned. Such action shall have the prior approval of the Human Resources Director. An appointing authority may assign an employee to a. different position 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. 15 ARTICLE 12 BILINGUAL PAY U Employees certified as bilingual in Spanish through a testing process and certified as being required to regularly use their Spanish speaking skills shall receive a bilingual payment of thirty -five ($35) dollars per pay period. Additional languages may be approved by the City based upon demonstrated need. Regardless of certification and payment, all employees shall use any language skills they possess to the best of their ability. 16 ARTICLE 13 PAYDAY Paychecks will be disbursed on a bi- weekly schedule. Payday will be every other Thursday. This disbursement schedule is predicated upon normal working conditions and is subject to adjustment for cause beyond the City's control. 17 ARTICLE 14 RETIREMENT A. The City agrees to provide the Public Employees' Retirement System's 2.7% at age 55 plan to all eligible employees including the amendments permitting conversion of unused sick leave to additional retirement credit, the 1959 survivor's benefit, (4t" level) one year final compensation, and the Military Service Credit option. B. The City agrees to contribute eight percent (8 %) of an employee's salary on behalf of the employee to PERS. These amounts paid by the City are employee contributions and are paid by the City to satisfy the employee's obligation to contribute eight percent (8 %) of salary to PERS. An employee has no option to receive the contributed amounts directly instead of having them paid by the City to PERS on behalf of the employee. It is understood and agreed to by the parties that the City "pick up" of the employee's PERS contribution is made in lieu of a wage increase. Therefore, in all comparisons made with other agencies, eight percent (8 %) of salaries will be added to the total compensation provided by the City to the employees. It is further understood and agreed to by the parties that payment of the eight percent (8 %) PERS contribution is made subject to I.R.S. approval of reporting procedures. The eight percent (8 %) payment will be reported to PERS as special compensation (EPMC). 18 o ARTICLE 15 RETIREE MEDICAL TRUST The City of San Luis Obispo Employee's Association is establishing a Retiree Medical Benefit Trust to provide for health insurance and other medical expense reimbursements to unit employees after retirement. The Trust will be administered separately by a Board of Trustees composed of members of the Association. The City is not involved with the establishment or administration of the Trust. Included in the funding for the Trust will be amounts designated by the Association to be deducted from each employees' paycheck. Initially the designated amounts will be $25 per person per pay period effective the first pay period in July, 2004. The City's sole responsibility is to forward the designated amounts to the Trust. The Association and Board of trustees are solely responsible for obtaining any necessary IRS approvals, establishing and administering the Trust. The Association will indemnify, defend and hold harmless the City, its agents, officers and employees, against any and all claims or legal proceedings regarding the establishment and operation of the Trust. 19 ARTICLE 16 INSURANCE AND REFUND A. CONTRIBUTION The City shall contribute $560.00 per month for Cafeteria Plan benefits for each regular, full time employee covered by this agreement. Less than full -time employees shall receive a prorated share of the City's contribution. B: INSURANCE COVERAGE 1. PERS Health Benefit Program The City has elected to participate in the PERS Health Benefit Program with the "unequal contribution option" at the PERS minimum contribution rate, currently $32.20 per month for active employees and $10.61 per month for retirees. The City's contribution toward retirees shall be increased by five (5 %) percent per year of the City's contribution for the active employees until such time as the contributions for employees and retirees are equal. The City's contribution will come out of that amount the City currently contributes to employees as part of the City's Cafeteria Plan. The cost of the City's participation in PERS will not require the City to expend additional funds toward health insurance beyond what is already provided for. In summary, this cost and any increases will be bome by the employees. 2. Health Insurance Coverage Optional Participation Employees with proof of medical insurance elsewhere are not required to participate in the PERS Health Benefit Program and may receive the 20 unused portion of the City's contribution (after dental and vision insurance premiums are deducted) in cash in accordance with the City's Cafeteria Plan. Those employees will also be assessed $16.00 per month to be placed in the Retiree Health Insurance Account. This account will be used to fund the Retiree Health Insurance Account. This account will be used to fund the City's contribution toward retiree premiums and the City's costs for the Public Employee's Contingency Reserve Fund and the Administrative Costs. However, there is no requirement that these funds be used exclusively for this purpose nor any guarantee that they will be sufficient to fund retiree health costs, although they will be used for negotiated employee benefits. 3. Health Insurance Benefits for Domestic Partners The City has adopted a resolution electing to provide health insurance benefits to domestic partners (Section 22873 of the Public Employees' Medical and Hospital Care Act [PEMCHA]). 4. Dental and Vision InsurancetDeyendent Coverage Employees will be required to participate in the City's dental and vision plans at the "employee only' rate. Should they elect to cover dependents in the City's dental and vision plans, they may do so, even if they do not have dependent coverage under the PERS medical plan. C. LIFE INSURANCE 21 n Employees shall pay for life insurance coverage of Twenty -five Thousand Dollars ($25,000). D. MEDICAL PLAN REVIEW COMMITTEE The Association shall appoint two voting representatives to serve on a Medical Plan Review Committee. In addition, the Association may appoint one non- voting representative to provide a wider range of viewpoint for discussion. The vote of each voting representative shall be weighted according to the number of employees represented by the association. 1. DUTIES AND OBLIGATIONS OF THE MEDICAL PLAN REVIEW COMMITTEE. a. Review and suggest changes for the City's flexible benefits plan and the insurance plans offered under the MOA; b. Submit to the City and its employee associations recommendations on proposed changes for the City's flexible benefits plan and the insurance plans offered under the MOA; C. Disseminate information and educate employees about the City's flexible benefits plan and the insurance plans offered under the MOA; d. Participate in other related assignments requested by the City and its employee associations. 2. MISCELLANEOUS a. The actions of the Medical Plan Review Committee shall not preclude the Association and the City from meeting and 22 conferring. b. No recommendation of the Medical Plan Review Committee on matters within the scope of bargaining shall take effect before completion of meet and confer requirements between the City and Association. c. If changes to the City's flexible benefits plan, or Cafeteria Plan, are subject to meet and confer requirements, the City and the Association agree to meet and confer in good faith. d. In performing its duties, the Medical Plan Review Committee may consult independent outside experts. The City shall pay any fees incurred for this consultation, provided that the City has approved the consultation and fees in advance. E. City agrees to continue its contribution to the Cafeteria Plan for two (2) pay periods in the event that an employee has exhausted all paid time off due to an employee's catastrophic illness. That is, the employee shall receive regular City health payment benefit for the first two pay periods following the pay period in which the employee's accrued vacation and sick leave balances reach zero (0). 23 i ARTICLE 17 A. COVERAGE LONG TERM DISABILITY INSURANCE All employees shall be covered by Long Term Disability Insurance (LTD). B. COST OF LTD The employee shall pay all costs of the program, which the City shall deduct from employees' paychecks. C. ACCUMULATION OF BENEFITS Time -in- service and other City benefits will only accrue when an employee is on City -paid time. D. COORDINATION OF BENEFITS 1. LTD payments shall be coordinated with accumulated paid time so that take home pay will not exceed regular take home pay. Paid time is defined as vacation, sick leave, CTO, and holiday. 2. The coordination of payments will be administered by the City. The employee must take his/her uncashed LTD benefit check to Finance. a.. Determination of the use of paid time for coordination of benefits, shall be made by the City. Employees on disability leave shall be required to use all accumulated paid time prior to using unpaid time. b. Employees who receive LTD benefits shall receive credit for a portion of the paid leave used to cover their absence. To determine the credit, the amount of their LTD benefit shall be .24 �D 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. 1.4x$9.67 = $13.54 $384 / $13.54 = 28.36 hours. The employee receives a credit of 28.36 hours. E. ACCRUAL OF BENEFITS WHILE ON LTD LEAVE 1. If an employee has no paid time at the beginning of a pay period, the employee shall neither accrue vacation or sick leave, nor shall the employee receive his /her regular City health payment benefit except as provided in #3 below. To continue health insurance, the employee must pay the entire cost of his/her health coverage for that pay period. 2. If an employee has at least sixteen hours of paid time at the beginning of a pay period, the employee shall receive his/her regular vacation and sick leave accruals. 3. If an employee has any paid time at the beginning of a pay period, the employee shall receive his/her regular City health payment benefit for that pay period. For continuance of medical insurance see Insurance and Refund, Article 16, Section E. 25 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. U 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 - Christman One -half day before Christmas One -half day before New Year's Day Two Floating Holidays When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed. A holiday shall be defined as eight (8) hours of paid time off for regular full -time employees. Floating holiday accrual: An individual employed on a floating holiday (FH) accrual date shall be credited with eight (8) hours of additional vacation. Use, carry-over, 27 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. 28 C ARTICLE 19 SICK LEAVE A. Sick leave shall be defined as absence from duty because of illness or off- the -job injury, or exposure to contagious diseases as evidenced by certification from an accepted.medical authority. B. Rules governing sick leave: 1. Each incumbent of a line -item position shall accrue sick leave with pay at the rate of twelve (12) days or the prorated shift equivalent per year of continuous service. 2. Sick leave may be used after the completion of the month of service in which it was earned. 3. Sick leave shall begin with the first day of illness. 4. Department heads shall be responsible to the City Administrative Officer for the uses of sick leave in their departments. 5. A department head shall require written proof of illness from an authorized medical authority at the employee's expense for sick leave use in excess of five (5) consecutive working days by personnel in his/her department. Such proof may be required for periods less than five (5) consecutive working days where there exists an indication of sick leave abuse. 6. Any employee who is absent because of sickness or other physical disability shall notify his/her immediate supervisor or department head as soon as possible but in any event during the first day of absence. Any employee who fails to comply with this provision, without having a valid 29 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. 8. An appointing authority, subject to approval of the Human Resources Director, may require any employee to be medically examined where reasonable cause exists to believe that an employee has a medical condition which 'impairs his /her job effectiveness or may endanger the health, safety or welfare of the employee, other employees, or the public. Employees who are judged to be physically incapable of meeting normal requirements of their positions may be placed in a classification of work for which they are suitable when a vacancy exists, or may be separated for physical disability. 9. In the event that an employee's sick leave benefits become exhausted due to illness or exposure to contagious disease, the employee shall revert to a status of leave of absence without pay and be subject to the provisions of the Personnel Rules unless eligible to participate in the City's Catastrophic Leave Policy. For continuation of medical insurance see Insurance and Refund, Article 17, Section E. 10. The right to benefits under the sick leave plan shall continue only during the period that the employee is employed by the City. This plan shall not give any employee the right to be retained in the services of the City nor any right of claim to sickness disability benefits after separation from the services of the City. When an employee receives compensation under the Worker's Compensation Act of California, such compensation received shall be considered part of the salary to be paid to the employee eligible for such payments as required by state law. The amount paid by the City shall be the difference between the amount received by the employee from the City's compensation insurance coverage and the eligible . employee's regular rate of pay. 11. Notwithstanding anything contained in this section, no employee shall be entitled to receive any payment or other compensation from the City while absent from duty by reason of injuries or disability received as a result of engaging in employment other than employment by the City for monetary gain or other compensation other than business or activity connected with his/her City employment. 12. Accumulation of sick leave days shall be unlimited. 13. Upon termination of employment by death or retirement, a percentage of the dollar value of the employee's accumulated sick leave will be paid to the employee, or the designated beneficiary or beneficiaries according to the following schedule: (a) Death 30% (b) Retirement and actual commencement of PERS benefits: (1) After ten years of continuous employment -10% 31 ,D (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% 32 ARTICLE 20 BEREAVEMENT LEAVE At each employee's option, sick leave may be used to be absent from duty due to the death of a member of the employee's immediate family, meaning spouse, child, brother, sister, parent, parent -in -law, step - parent, step- brother, step- sister; grandparent, or any other relative living in the same household, provided such leave as defined in this section shall not exceed five (5) working days (40 hours) for each incident. The employee may be required to submit proof of relative's death before being granted sick leave pay. False information concerning the death or relationship shall be cause for discharge. 33 ARTICLE 21 FAMILY LEAVE A. An employee may take up to two (2) days (16 hours) of sick leave per year if required to be away from the job to personally care for a member of his /her immediate family. B. An employee may take up to five (5) days (40 hours) of sick leave per year if the family member is part of the employee's household. C. An employee may take up to seven (7) days (56 hours) of sick leave per year if the family member is part of the employee's household and is hospitalized. The employee shall submit written verification of such hospitalization. D. For purposes of this article, immediate family is defined as spouse, child; brother, sister, parent, parent -in -law, step - parent, step- brother, step- sister, grandparent, or any other relative living in the same household. E. The amounts shown in A, B, and C above are annual maximums, not maximums per qualifying family member. F. If the family member is a child, parent or spouse, an employee may use up to 48 hours annually to attend to the illness of the child parent or spouse, instead of the annual maximums in paragraphs A. and B. above, in accordance with Labor Code Section 233. F. In conjunction with existing leave benefits, employees with one year of City service who have worked at least 1280 hours in the last year, may be eligible for up to 12 weeks of Family /Medical Leave within any 12 month period. Family /Medical Leave can be used for: 34 J 1. A new child through birth, adoption or foster care (matemal 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 personnel illness, will be subtracted from the 12 weeks allowed by the Family /Medical Leave Program. Employees must use all available vacation, compensatory time and administrative leave and, if appropriate, sick leave prior to receiving unpaid Family /Medical Leave. Employees on Family /Medical Leave will continue to receive the City's contribution toward the cost of health insurance premiums. However, employees who receive cash back under the City's Flexible Benefit Plan will not receive that cash during the Family /Medical Leave premiums will be paid by the City. Only City group health insurance If an employee does not return to work following Family /Medical leave, the City may collect from the employee the amount paid for health insurance by the City during the leave. There are two exceptions to this rule: 35 i 1. The continuation of a serious health condition of the employee or a covered family member prevents the return. 2. Circumstances beyond the employee's control. Further details on Family /Medical Leaves, are available through the City's "Guide to Family /Leave Program." KL 1, 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 fire 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: 37 t, W 1. A physician's statement certifying that illness, injury or exposure to contagious disease has occurred is presented to the supervisor upon retuming 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) F. Vacation leave shall be accrued as earned through December 31, up to a maximum of twice the annual rate. 38 ARTICLE 23 WORKERS' COMPENSATION LEAVE Any employee who is absent from duty because of on- the -job injury in accordance with state workers' compensation law and is not eligible for disability payments under Labor Code. Section 4850 shall be paid the difference between his /her base salary and the amount provided by workers' compensation during the first 90 business days of such temporary disability absence. Eligibility for workers' compensation leave requires an open workers' compensation claim. For continuation of medical insurance see Insurance and Refund, Article 17, Section E. 39 ARTICLE 24 WORK SCHEDULE This article is intended to define the normal hours of work and shall not be construed as a guarantee of hours of work per day, nor hours of work per week, nor of days of work per week. Employees shall be scheduled to work on regular workshifts having regular starting and quitting times. Except for emergencies, employees' workshifts shall not be changed without reasonable prior written notice to the employee and the Personnel Director. Neither callback nor overtime constitutes a change in workshift. All references to accrual of vacation, holiday or sick leave in the Agreement shall be interpreted as one (1) day being equivalent to eight (8) hours. 40 ARTICLE 25 VACATION SELL BACK All employees in this unit are eligible, once annually in December, to request payment for up to forty (40) hours of unused vacation leave provided that an employee's overall performance and attendance practices are satisfactory. Employees must have eighty (80) hours of accrued vacation leave to be eligible. Upon request, vacation sellback payments shall be made by separate check. 41 ARTICLE 26 AMERICANS WITH DISABILITIES ACT The City and Association acknowledge the passage of the Americans with Disabilities Act. It is agreed that the City shall take all necessary actions to comply with the provisions of this Act. If necessary, sections of this Memorandum of Agreement and/or the City Personnel Rules may be suspended in order to achieve compliance. 42 4 ARTICLE 27 TRANSFER A. TRANSFER REQUEST Employees who want to transfer may notify the City by filing a form with the Human Resources Department. Such form shall be developed and made available by the Human Resources Department. B. TRANSFER PROCESS Upon proper notice and concurrence by the City Administrative Officer, an employee may be transferred by the appointing authority from one position to another in the same pay range provided he /she possesses the minimum qualifications as determined by the Human Resources Director. If the transfer 'involves a change from one department to another, both department heads must consent thereto unless the City Administrative Officer orders the transfer for purposes of economy and efficiency. The employee shall be given five (5) business days' written notice of the transfer including the reason for the change. 43 ARTICLE 28 LAYOFFS LAYOFF PROCEDURE i 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. 44 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 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. W 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 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): al 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. 47 C 4. Full time and part time regular employees shall have bumping rights for either full time regular or part time regular positions. 5. Notwithstanding the foregoing, if the City Administrative Officer determines that the public interest will not be served by application of the above criteria, the City Administrative Officer may depart therefrom on the basis of a clearly demonstrable superiority in performance and/or qualifications. 6. Employees on layoff shall be offered reemployment in the inverse order of layoff, .provided no intervening factors have occurred which essentially change the ability of the employee to perform the offered employment. E. Employment programs with special requirements will be administered in accordance with appropriate Federal or State guidelines and directives. F. The City will notify recognized employee organizations of the effective date of any reduction in force concurrent with the notice to the affected employee(s) pursuant to G, below. G. Notice of Layoff to Employees. An employee to be laid -off shall be notified in writing of the impending action at least thirty (30) calendar days in advance of the effective date of the lay -off. The notice shall include the following information: 1. Reason for lay -off. 2. Effective date of layoff. 3. Employee rights as provided in these rules. M. 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: 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. 49 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. 50 ARTICLE 29 LIGHT DUTY ASSIGNMENT If an employee's medical condition temporarily precludes the performance of his/her normal duties and management determines modified work is available and necessary to be performed, he or she may, with medical authorization, be temporarily assigned to such work for a period not to exceed six months. No change in base pay will result unless the duties to be performed are substantially greater or lesser than those normally performed by the employee and the employee's current pay rate is not within the pay range for the temporarily assigned work. In no event shall and employee's current pay rate be reduced more than four (4) ranges at the same step. 51 ARTICLE 30 CLASS "A & B" PHYSICALS The City will pay for costs for physical exams not covered by City insurance policies required for those employees required by the City to hold valid Class "A or B" California drivers licenses. 52 ARTICLE 31 UNIFORM AND UNIFORM ALLOWANCE A. The Administrative Secretary, Secretary and Records Clerks in the Police Department shall receive a two hundred fifty dollar ($250.00) uniform allowance semi - annually the first pay period in January and July. B. This allowance shall not be paid for any employee who is off duty for more than six pay periods. If the employee returns to work during that six -month period, his/her uniform allowance will be prorated. C. All other 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. D. Uniforms and work shoes shall only be used on City business. E. 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. 53 ARTICLE 32 SAFETY PROGRAM The City shall continue a compensation program for safety representatives on the basis that each designated safety member shall be compensated at the rate of $10.00 per month. The description of the duties of a safety committee member shall be designed by the Human Resources Director or his/her designee. The intent of the safety representatives is to assist the Human Resources Director and the overall safety program in reducing accidents by reporting hazardous conditions. 54 -J/ O ARTICLE 33 EMPLOYEE RIGHTS Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer- employee relations including but not limited to, wages, hours and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of the exercise of these rights. 55 ARTICLE 34 GRIEVANCE PROCEDURE C' 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. 56 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. D. The results of findings of such conferences and investigations shall be submitted to the City Administrative Officer in writing within fifteen (15) business days of receiving the employee's written request. The City Administrative Officer will meet with the employee if the employee so desires before rendering a decision with respect to the complaint. The City Administrative Officer's decision and reason if denied shall be in writing and given to the employee within twenty (20) business days of receiving the Human Resources Director's results and findings. Such decision shall be final unless employee desires the Personnel Board to review the decision. If such is the case, the employee will have ten (10) business days following receipt of the City Administrative Officer's decision to submit a written request to the Personnel Board through the Human Resources Director for a review of the decision. The Personnel Board within thirty (30) business days shall review the record and either (1) issue an advisory opinion to the City Administrative Officer; or (2) conduct a hearing on the matter. If a hearing is held, an advisory opinion shall be rendered by the Board within ten (10) business days of the close of such hearing. If an opinion signed by at least three (3) members of the Personnel Board recommends overruling or 57 modifying the City Administrative Officer's decision, the City Administrative Officer shall comply or appeal this recommendation to the City Council. Such appeal shall be filed with the City Clerk within three (3) business days of the Board's action. If appealed, the City Council shall review the case on the record and render a final decision within thirty (30) business days of submittal. 58 ARTICLE 35 REPRESENTATIVE ROLE. Members of any recognized employee organization may, by a reasonable method, select not more than three employee members of such organization, one employee observer, and the Association President to meet and confer with the Municipal Employee Relations Officer and other management officials (after written certification of such selection is provided by an authorized official of the organization) on subjects within the scope of representation during regular duty or work hours without loss of compensation or other benefits. The employee organization shall, whenever practicable, submit the name(s) of each employee representative to the Municipal Employee Relations Officer at least two working days in advance of such meeting. Provided further: (1) That no employee representative shall leave his or her duty or work station or assignment without specific approval of the department head or other authorized City management official. If employee representatives cannot be released, date of meeting will be rescheduled in accordance with item 2 below. (2) That any such meeting is subject to scheduling by City management consistent with operating needs and work schedules. Nothing provided herein, however, shall limit or restrict City management from scheduling such meetings before or after regular duty or work hours. 59 J ARTICLE 36 COMMITTEE REPRESENTATION A. If the Director of Human Resources establishes a committee to study possible changes which will affect significant numbers of employees in the unit in subjects within the scope of representation, and if the Human Resources Director includes unit members on .the committee, such committee members shall be designated by the Human Resources Director after consultation with the Association. This unit shall have the same number of committee members as each other unit has. B. Two representatives of the bargaining unit designated by the Association and two representatives of management designated by the City shall meet on an as- needed basis to discuss issues of concern to the parties. .0 ARTICLE 37 DUES DEDUCTION The City shall deduct dues from City employees and remit said dues to the Association on a bi- weekly basis for the duration of this Agreement. These dues shall not include assessments. Bi- weekly dues deduction additions and/or deletions shall be recorded by the City's Finance Director and a notification of all dues transactions shall be sent bi- weekly to the Association Treasurer. The Association shall hold the City harmless from any and all claims, and will indemnify it against any unusual costs in implementing these provisions. The Association shall refund to the City any amount paid to it in error upon presentation of supporting evidence. 'l ARTICLE 38 COPIES OF AGREEMENT Parties agree City shall provide thirty (30) copies of the Agreement to the Association. Association shall pay 1/2 City's actual cost. Parties shall consult concerning size and format of printed agreement and concerning who does the printing of the agreement. 62 ARTICLE 39 REOPENER Upon request of the City, the Association agrees to reopen negotiations on possible implementation of a Sick Leave Incentive Program(s). Upon request of either the Association or the City, the parties agree to reopen negotiations on possible retirement enhancements, if approved by the State legislative and signed by the Governor. Any enhancements to the retirement plan would be cost neutral to the City. Upon request of the Association, the parties agree to meet and confer on possible establishment of a Voluntary Employees' Beneficiary Association (VEBA). At the request of the City or the Association, the parties agree to meet and confer on the implementation of broad banding of classifications and recruitment incentives for classifications that have been difficult to fill. 63 ARTICLE 40 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. 64 o ARTICLE 41 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. 65 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. .. U ARTICLE _42 FULL AGREEMENT It is understood this Agreement represents a complete and final understanding on all negotiable issues between the City and the Association. The Agreement supersedes all previous Memoranda of Understanding or Memoranda of Agreement between the City and the Association except as specifically referred to in this Agreement. The parties, for the term of this Agreement, voluntarily and unqualifiedly agree to waive the obligation to negotiate with respect to any practice, subject or matter not specifically referred to or covered in this Agreement even though such practice; subject or matter may not have been within the knowledge of the parties at the time this Agreement was negotiated and signed. In the event any new practice, subject or matter arises during the term of this Agreement and an action is proposed by the City, the Association shall be afforded notice and shall have the right to meet and confer upon request. 67 ARTICLE 43 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. .: ARTICLE 44 AUTHORIZED AGENTS For the purpose of administering the terms and provisions of this Agreement: A. The Association's principal authorized agent shall be the President (address: 990 Palm Street, San Luis Obispo, California 93401: (805) 781 - 7196). B. Management's principal authorized agent shall be the Human Resources Director or his/her duly authorized representative (address: 990 Palm Street, San Luis Obispo, CA 93401 -3249; telephone: (805) 781 - 7250). - ARTICLE 45 SIGNATURES Classifications covered by this Agreement and included within this unit are shown in Appendix "A ". This Agreement becomes effective, as witnessed hereto by the following parties: William Avery, City Monica Moloney,- I/ 2-9/0y Human Resources Director /Date Other City Negotiating Team Members Karen Jenny SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION ti • 3 -1/ Ron Fana, PresidenVDate Other SLOCEA Negotiating Team Members Gary Keavney Madelyn Paasch Randy Stevenson Greg Zocher 70 i I 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 Engineer I Assistant Engineer II Associate Engineer Associate Planner Associate Transportation Engineer Biologist Building Inspector Building Maintenance Technician Building Permit Coordinator Chief Lab Analyst Code Enforcement Coordinator Engineering Technician I Engineering Technician II Field Engineering Assistant Fire Plan Check Inspector GIS Specialist I GIS Specialist II Heavy Equipment Mechanic Heavy Equipment Operator I Heavy Equipment Operator II Industrial Waste Inspector Information Systems Technician I Information Systems Technician II Laboratory Analyst SBP Maintenance Worker I Maintenance Worker II - Buildings Maintenance Worker II - Parks Maintenance Worker II - Streets Maintenance Worker III - Parks Maintenance Worker III - Streets Management Assistant 71 Parking Coordinator Parking Enforcement Officer Parking Meter Repair Worker Parks Maintenance Technician Permit Technician I Permit Technician II Planning Technician Plans Examiner Public Works Inspector Radio Systems Technician Recreation Coordinator I Recreation Coordinator II Signal Maintenance Electrician Supervising Administrative Assistant Telemetry & Instrument Technician Traffic Engineer Transportation Assistant Transportation Associate Tree Trimmer I Tree Trimmer II Urban Forest Technician/Arborist Utilities Conservation Technician Wastewater Collection System Operator SBP Water Customer Service Personnel SBP Water Distribution System Operator SBP Water Reclamation Facility Chief Operator Water Reclamation Facility Maintenance Technician SBP Water Reclamation Facility Operator SBP Water Supply Operator SBP Water Treatment Plant Chief Operator Water Treatment Plant Maintenance Technician SBP Water Treatment Plant Operator SBP 72 C, ATTACHMENT SUPPLEMENTAL MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION INTRODUCTION This supplement is the Memorandum of Agreement entered into between the City of San Luis Obispo and The San Luis Obispo City Employees' Association commencing January 1, 1999 and any successor memoranda during the term of this Supplemental Agreement. SECTION 1: PURPOSE The purpose of this supplemental Memorandum of Agreement is to implement, at the election of the Association, the 2% at 55 retirement program asset forth in Article 15. SECTION 2: TERM This supplemental Memorandum of Agreement shall be for eight (8) years commencing with implementation of the 26/6 at 55 retirement program. SECTION 3: RETIREMENT IMPLEMENTATION Upon meeting of the criteria set forth within Article 15 of the Memorandum of Agreement between the City and Association referenced above, the City shall implement the 2% at 55 retirement program and the employee shall pay for the 2% at 55 retirement program as follows: "Employees will pay the entire cost of the 2% at. 55 retirement program. This cost shall be paid by the City reducing its payment at the employees' retirement contribution (EPMC) by a percent exactly equal to the cost of the 2% at 55 retirement program. The cost of the program shall be defined as the incremental cost of the 2% at 55 retirement program. Incremental cost will be that percentage identified by PERS when supplying the actuarial quotation for 2% at 55 implementation. Concurrent to the employees assuming responsibility for a portion of payment of the employee retirement share, the City shall implement an IRS 414h(2) provision allowing for the employee to make this contribution on a pretax basis." SECTION 4: INTENT 73 The intent of this supplemental Memorandum of Agreement is to ensure that the parties' intent be memorialized for an extended period of time. The City's willingness to implement the 2% at 55 retirement program has been conditioned upon the employees' stated willingness to pay for it. - While this supplemental agreement runs for eight (8) years, the intent of the parties continues past its expiration. SECTION 5: MEMORANDA OF AGREEMENT Except as modified by this supplemental Memoranda of Agreement the Memoranda of Agreement between the City and Association commencing July 1, 1999 and all successor Memoranda will remain unchanged. 74 �j'L!J/YLGCJ RESOLUTION NO. 9520 (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING THE APPEAL OF THE CULTURAL HERITAGE COMMITTEE DETERMINATION OF 774 CAUDILL HISTORICAL SIGNIFICANCE WHEREAS, on December 8, 2003 the Cultural Heritage Committee held a public hearing to consider recommending to the City Council the addition of 774 Caudill Street to the Contributing List of Historic Resources due to its historical and/or architectural significance to the community; and WHEREAS, on December 15, 2003, the applicant filed an appeal of the Cultural Heritage Committee's determination of historical significance, disagreeing with the historic value of the structure, stating that the neighborhood is now "commercialized" and that the building's condition limits rehabilitation; and WHEREAS, the City Council conducted a public hearing on January 20, 2004 and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; and BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council; after consideration of the 774 Caudill Street property, finds that it does not meet the Historic Resource Criteria For Building Evaluation and Recommendations as listed in the Historic Preservation Program Guidelines, Criteria for Building Evaluations, based on the following findings: 1. Though the residence is associated with the early "Little Italy" neighborhood, the character of the neighborhood east of Broad Street has changed over the years, is mostly commercialized, is zoned Manufacturing, and shows little resemblance to the earlier Little Italy community; 2. The residence is not compatible with most neighboring structures, which are predominately commercial structures and uses; 3. The property is not associated with any significant historical person or event. SECTION 2. Granting the appeal. The appeal of the Cultural Heritage Committee determination of 774 Caudill historical significance is hereby approved. R 9520 Resolution Nc. 11520 (2004 Series) Page 2 On motion of Council Member Settle, seconded by Council Member Ewa, , and on the following r:;'•l call vote: AYES' Council Members Ewan and Settle, Vice Mayor Schwartz and Mayor Romero NOES: Council Member Mulholland ABSENT: None The foregoing resolution was passed and adopted this 20th day of January; 2004. Mayor David F. Romero ATTEST: i -- - I i:: -- - - _._ Lee Price, C..C. City Clerk APPROVED AS TO FORM: Jo at ,_ P. Lowell, City Attorney Cat) RESOLUTION NO. 9519 (2004 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING AND RATIFYING AN ADDENDUM TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3523, FOR THE PERIOD OF JULY 19 2001 — DECEMBER 31, 2005 BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby resolves as follows: SECTION 1. The Addendum to the Memorandum of Agreement between the City of San Luis Obispo and the International Association of Firefighters, Local 3523, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby adopted and ratified. SECTION 2. The Finance Director shall adjust the Personnel Services appropriation accounts to reflect the negotiated compensation changes. SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed Memorandum of Agreement approved by it to: Mike King, International Association, of Firefighters, Local 3523, and Monica Moloney, Director of Human Resources. Upon motion of Council Member Ewan, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: None the foregoing resolution was adopted this 6`i' day of January, 2004. ATTEST- Lee Price, C.M.C. City Clerk C�,/�f� i}isYO �t Mayor David F. Romero R 9519 Resolution No. 9519 (2004 Series) Page 2 APPROVED AS TO FORM: Jonathan P. well City Attorney c�rit.0 Qao�l �U� /,a-cat 5 a 3 EXHIBIT A. R. -.9519 ADDENDUM TO THE 2001 -05 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 3523 A. PURPOSE OF THIS ADDENDUM Article 19 of the 2001 -05 Memorandum of Agreement (MOA) allowed negotiations to be re- opened regarding the City's contribution to the cafeteria plan for 2003, 2004 and 2005.. Additionally, the parties have agreed to transfer the representation of the Fire Inspectors from the San Luis Obispo City Employees' Association and the Hazardous Material Coordinator from the unrepresented management group to the International Association of Firefighters Local 3523 (Union): This addendum confirms the agreement of the parties to modify the MOA. Except as modified below, all other terms and conditions shall remain in full force and effect. B. MODIFICATION OF CONTRIBUTION TO CAFETERIA PLAN 1. Article 19, Health Care Insurance, Section A, is modified as follows: A. Contribution Effective in December 2002, for the January 2003 premium, the City agrees to contribute $675.00 per month for medical, dental, vision and life insurance for each regular, full -time employee covered by this Agreement. The City's total Cafeteria Plan .contribution will be modified in December 2003 and December 2004 and December.2005 by an amount equal to one -half of the average percentage change in PERS health plans available in San Luis Obispo County.. For example: if three plans were available and the year to year changes were +10% +15% +20% respectively, the City's contribution would be increased by 7.5% (10 %.+ 15% + 20% _ 3 = 15 %.x 1/2). Effective in December 2003, for the January 2004 premium, the City's contribution shall increase 5.89 % to $715.00 per month ( +17.9% -0.6% + 18.0% 3 = 11.77% x 1/2 Addendum To 2001 -05 ML—irandum of Agreement Page 2 International Association of Firefighters, Local 3523 C. REPRESENTATION OF FIRE INSPECTORS AND HAZARDOUS MATERIALS COORDINATOR The representation of the classification of Fire Inspectors shall be transferred from the San Luis Obispo City Employees Association (SLOCEA) to the Union effective January 1,. 2003. 2. The representation of the classification of Hazardous Materials Coordinator shall be transferred from the unrepresented management group to the Union effective May 1, 2003. 3. The Fire Inspectors and Hazardous Materials Coordinator will be eligible for all other benefits currently afforded the other non -sworn employee represented by the Union. 4. Article 18, Uniform. Allowance; is modified to add paragraph G., as follows: G. Non -Shift employees required to wear City uniforms shall be provided clean uniforms. A uniform included either one shirt and pants combination or one pair of coveralls. Article 26, Workers' Compensation Leave, is modified to include the Fire Inspectors and Hazardous Material Coordinator classifications as eligible for this benefit. 6. Article 29, Retirement, is modified to reflect the 2.7% at 55 retirement formula for all non - safety personnel, and the City agrees to contribute up to 8% of the non - safety members' obligation to contribute to PERS. Appendix A, Classifications, is modified to add Fire Inspectors and Hazardous Materials Coordinator classifications, as follows CLASSIFICATION CODE SALARY RANGE Fire Inspector 6198 626 Fire Inspector It 6200 630 Fire Inspector III 6202 633 Hazardous Materials Coordinator 6065 617 8. Appendix D, Salary Range Listing is modified to add Fire Inspectors and Hazardous Materials Coordinator classifications, as follows: 1 Addendum To 2001 -05 Memorandum of Agreement Page 3 International Association of Firefighters, Local 3523 Salary Range Listing July 2003 3% Increase Step 1 Step 2 Step3 Step4 Step 5 Step 6 Salary Position Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Range Title Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly 617 Haz Mat 4,693 4,939 5,199 5,473 5,761 Coordinator 2,166 2,280 2,400 2,526 2,659 626 Fire Inspector I 3,272 3,444 3,625 3,816 4,017 1;510 1,590 1,673 1,761 11854 630 Fire inspector 11 3,630 3,821 4,022 4,234 4,457 1,675 1,764 1,856 1,954 2,057 633 Fire Inspector III 3,925 4,131 4,349 4,578 4,819 1,811 1,907 2,007 2,113 2,224 January 2004 2% Increase Step 1 Step 2 Step3 Step4 Step 5 Step 6 Salary Position Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Range Title Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly BI-Weekly Bi- Weekly 617 Haz Mat 4,786 5,038 5,303 5,582 5,876 Coordinator 2,209 2,325 2,448 2,576 2,712 626 Fire Inspector 1 3,337 3,513 3,698 3,892 4,097 1,540 1,621 1,767 1,796 1,891 630 Fire Inspector II 3,702 3,897 4,102 4,318 4,546 1,709 1,799 1,893 1,993 2,098 633 Fire Inspector 111 4,002 4,213 4,435 4,668 4,914 1,847 1,945 2,047 2,155 2,268 July 2004 3% Increase Step 1 Step 2 Step3 Step4 Step 5 Step 6 Salary Position Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Range Title Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekiy 612 Firefighter 3,806 4,228 4,451 4,685 4,932 5,191 1,756 1,952 2,054 2,162 2,276 2,396 615 Fire Engineer 4,578 4,819 5,072 5;339 5,626 2,113 2,224 2,341 2,464 2,594 616 Fire vehicle 4,694 4,941 .5,201 5,475 5,763 Mechanic 2,167 2,281 2,401 2,527 2,660 Addendum To 2001 -05 M._..orandum of Agreement Page 4 International Association of Firefighters, Local 3523 617 HezMat 4,929 5,188 5,461 5,749 6,052 Coordinator 2,275 2,395 2,521 2,653 2,793 621 Fire Captain 5,351 5,632 5;929 6,241 6,569 2,470 200 2,736 2,880 3,032 626 Fire Inspector 1 3,438 3,619 3,809 4,010 4;221 1,587 1,670 1,758 1,851 1,948 630 Fire Inspector II 3,814 4,014 4,226 4,448 4,682 1,760 1,853 1,950 2,053 2,161 633 Fire Inspector Ill 4,122 4,339 4;568 4,808 5,061 1,903 2,003 2,108 2,219 2,336 January 2,005 2' /6 Increase Step 1 Step 2 Step3 Step4 Step 5 Step 6 Salary Position Monthly/ Monthly/ Monthly/ Monthly / Monthly/ Monthly/ Range Title Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly 617 Haz Mat 5,028 5,292 5,571 5,864 6,173 Coordinator 2,321 2,443 2,571 2,707 2,849 626 Fire Inspector 1 3,507 3,691 3,885 4,090 4,305 1,618 1,704 1,793 1,888 1,987 630 Fire Inspector II 3,890 4,094 4,310 4,537 4,775 1,795 1,890 1,989 2,094 2,204 633 Fire Inspector 111 4,205 4,427 4,660 4,905 5,163 1,941 2,043 2,151 2,264 2,383 CITY OF SAN LUIS OBISPO INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3523 ht,-I'--� William Avery, Wendy GC rge, Assistant CAO Mike King, President Addendum To 2001 -05 Memorandum of Agreement Page 4 International Association of Firefighters, Local 3523 617 Haz Mat 4,929 51188 5,461 5,749 6,052 Coordinator 2,275 2,395 2,521 2,653 2,793 621 Fire Captain 5,351 5,632 5,929 6,241 6,569 2,470 2,600 2,736 2,880 3,032 626 Fire Inspector 1 3,438 3,619 3,809 4,010 4,221 1,587 1,670 1,758 1,851 1,948 630 Fire Inspector II 3,814 4,014 4,226 4,448 4,682 1,760 1,853 1,950 2,053 2,161 633 Fire Inspector III 4,122 4,339 4,568 4,808 5,061 1,903 2,003 2,108 2,219 2,336 January 2005 2% Increase Step 1 Step 2 Step3 Step4 Step 5 Step 6 Salary Position Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Range Title Bi- weekly Bi- weekly Bi -Weeky Bi- Weekly Bi- weekly Bi- Weekly 617 Haz Mat 5,028 5,292 5,571 5,864 6,173 Coordinator 2,321 2,443 2,571 2,707 2,849 626 Fire Inspector 1 3,507 3,691 3,885 4,090 4,305 1;618 1,704 1,7.93 1,888 1,987 630 Fire Inspector II 3,890 4,094 4,310 4,537 4,775 1,795 1,890 1,989 2,094 2,204 633 Fire Inspector 111 4,205 4,427 4,660 4,905 51163 1,941 2,043 2,151 2,264 2,383 CITY OF SAN LUIS OBISPO INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3523 e" William Avery, Wendy G rge, Assistant CAO Mike King, President �2 Addendum To 2001 -05 Memorandum of Agreement Page 3 International Association of Firefighters, Local 3523 Salary Range Listing . July 2003 3% Increase Step 1 Step 2 Step3 Step4 Step 5 Step 6 Salary Position Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Range Title Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly BI-Weekly 617 Haz Mat 4,693 4,939 5,199 5,473 5,761 Coordinator 2,166 21280 2,400 2,526 2,659 626 Fire Inspector 1 3,272 3,444 3,625 3,816 4,017 1,510 1,590 1,673 1,761 1,854 630 Fire Inspector 11 3,630 3,821 4,022 4,234 4,457 1,675 1,764 1,856 1,954 2,057 633 Fire Inspector III 3,925 4,131 4,349 4,578 4,819 1,811 1,907 2,007 2,113 2,224 January 2004 2% Increase Step 1 Step 2 Step3 Step4 Step 5 Step 6 Salary Position Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Range Title Bi- Weekly BI-Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly 617 Haz Mat 4,786 5,038 5,303 5,582 5,876 Coordinator 2,209 2,325 2,448 2,576 2,712 626 Fire Inspector 1 3,337 3,513 3,698 3,892 4,097 1,540 1,621 1,707 1,796 1,891 630 Fire Inspector 11 3,702 3,897 4,102 4,318 4,546 1,709 1,799 1,893 1,993 2,098 633 Fire Inspector Ill 4,002 4,213 4,435 4,668 4,914 1,847 1,945 2,047 2,155 2,268 July 2004 3% Increase Step 1 Step 2 Step3 Step4 Step 5 Step 6 Salary Position Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Range Title BI-Weekly Bi- Weekly Bi- Weekly BI- Weekly Bi- Weekly Bi- Weekly 612 Firefighter 3,806 4,228 4,451 4,685 4,932 5,191 1,756 1,952 2,054 2,162 2,276 2,396 615 Fire Engineer 4,578 4,819 5,072 5,339 5,620 2;113 2,224 2,341 2,464 2,594 616 Fire vehicle 4,694 4,941 5,201 5,475 5,763 Mechanic 2,167 2,281 2,401 2,527 2,660 RESOLUTION NO. 9518 (2004 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING AND RATIFYING AN ADDENDUM TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION FOR THE PERIOD OF JULY 1, 2000 - JUNE 30, 2004 BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby resolves as follows: SECTION 1. The Addendum to the Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo City Police Officers' Association (POA), attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby adopted and ratified. SECTION 2. The Finance Director shall adjust the Personnel Services appropriation accounts to reflect the negotiated compensation changes. SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed Memorandum of Agreement approved by it to: Dale Strobridge, San Luis Obispo Police Officers' Association, and Monica Moloney, Director of Human Resources. Upon motion of Council Member Ewan, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: None the foregoing resolution was adopted this 6`h day of January, 2004. Mayor David F. Romero ATTEST: Lee Price, C.M.C. City Clerk R 9518 Resolution No. 951- 8 (2004 Series) Page 2 APPROVED AS TO FORM: Jonathan Lowell City Attorney i� r� R -PD / . MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE POLICE OFFICERS’ ASSOCIATION JULY 1, 2000 - JUNE 30, 2004 TABLE OF CONTENTS Article No. Title Page No. 1 Preamble............................................................................1 2 Recognition ........................................................................2 3 Check Off/Dues Deduction ................................................3 4 Employee Rights................................................................4 5 Management Rights...........................................................5 6 Representative Role...........................................................6 7 Salary .................................................................................7 8 Master Police Officer Program.........................................13 9 Reclassification/Communications Supervisor .................15 10 Bilingual Pay.....................................................................16 11 Overtime - Sworn .............................................................17 12 Overtime – Non-Sworn ....................................................19 13 Work Out-Of-Grade..........................................................21 14 Standby ............................................................................22 15 Education Incentive..........................................................23 16 Uniform Allowance ...........................................................25 17 Health Care Insurance.....................................................26 18 Retirement........................................................................30 19 Seniority............................................................................31 20 Holidays............................................................................32 21 Vacation............................................................................34 22 Sick Leave........................................................................35 23 Family Leave....................................................................36 24 Bereavement Leave.........................................................38 25 Catastrophic Leave..........................................................39 26 Workers’ Compensation Leave........................................41 27 Jury Duty and Military Leaves..........................................42 Article No. Title Page No. 28 General Provisions...........................................................43 29 Residency Requirements.................................................44 30 Promotional Policy............................................................45 31 Definitions.........................................................................50 32 Grievance Procedure.......................................................51 33 Layoffs..............................................................................53 34 Work Actions....................................................................55 35 Communication Process..................................................56 36 Notice to the Association..................................................57 37 Equipment ........................................................................58 38 Light Duty .........................................................................59 39 Work Schedules...............................................................60 40 SWAT...............................................................................62 41 Traumatic Incidents..........................................................63 42 No Discrimination.............................................................64 43 Reopeners........................................................................65 44 Full Agreement.................................................................66 45 Savings Clause ................................................................67 46 Renegotiations .................................................................68 47 Term of Agreement..........................................................69 Appendix “A” - Classification............................................70 Appendix “B” – Grievance Forms ....................................71 Appendix “C” – Patrol 3/12 Work Plan.............................74 Appendix “D” – Communications Work Plan...................82 Appendix “E” – Flexible Benefits Plan .............................88 Appendix “F” – Shift Adjustment......................................91 Appendix “G” – Rules Governing Salary Increases ........93 ARTICLE 1 PREAMBLE 1.1 This Agreement is effective and entered into this 1st day of July, 2000, by and between the City of San Luis Obispo, hereinafter referred to as City, and the San Luis Obispo Police Officers' Association. 1.2 The purpose of this Agreement is to promote the improvement of personnel management and employer/employee relations, provide an equitable and peaceful procedure for the resolution of differences and establish rates of pay and other terms and conditions of employment. 1.3 The City and the Police Officers' Association agree that all employees of the City share in the important responsibility of providing superior service to the public and that every job and position is considered to be important. 1.4 Nothing in this Agreement between the parties shall invalidate or be substituted for any provision in City Charter Section 1107 or Resolution No. 6620 (1989 Series) unless so stipulated to by provision(s) contained herein and agreed to. 1 ARTICLE 2 RECOGNITION The City hereby recognizes the San Luis Obispo Police Officers' Association as the bargaining representative for purposes of representing regular and probationary employees, occupying the position classifications set forth in Appendix A, in the Police Unit with respect to their compensation, hours and other terms and conditions of employment for the duration of the Agreement. 2 ARTICLE 3 CHECK OFF/DUES DEDUCTION 3.1 The City shall deduct dues from City employees and remit said dues to the Association treasurer, which dues shall not include assessments. 3.2 Dues deduction, additions, and/or deletions shall be recorded by the City's Finance Officer and a notification of all dues transactions shall be sent monthly to the Association President. 3.3 The Association shall hold the City harmless from any and all claims, and will indemnify it against any unusual costs in implementing these provisions. 3 ARTICLE 4 EMPLOYEE RIGHTS Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations including, but not limited to, wages, hours and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of the exercise of these rights. 4 ARTICLE 5 MANAGEMENT RIGHTS The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of government operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of the job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology for performing its work. The City’s exercise of its rights under this section are subject to the provisions of City Charter Section 1107 and applicable State law. 5 ARTICLE 6 REPRESENTATIVE ROLE Members of the Association may, by a reasonable method, select not more than three employee members and one employee observer to meet and confer with the Municipal Employee Relations Officer and other management officials (after written certification of such selection is provided by the Association) on subjects within the scope of representation during regular duty or work hours without loss of compensation or other benefits. The Association shall, whenever practicable, submit the name(s) of each employee representative to the Municipal Employee Relations Officer at least two working days in advance of such meetings. Provided further: (A) That no employee representative shall leave his or her duty or work station or assignment without specific approval of the Police Chief or other authorized City management official. If employee representatives cannot be released, date of meeting will be rescheduled in accordance with item (B) below. 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 250 hours per year (inclusive of any carryover time) of vacation time, holiday time, and compensatory time off to an Association "time bank" under the following guidelines: 1. Only Association officers or bargaining team members may draw from the bank. 2. Requests to use time from the bank must be made reasonably in advance of the use. Approval is subject to the operational necessity of the department and normal time off approval processes. 3. Within 120 days, the parties will establish the administrative details of this program through a mutually agreed upon side letter. 6 ARTICLE 7 SALARY 7.1 Rules Governing Step Increases The rules governing step increases for employees covered by this MOA are included in the current Salary Resolution (4272 [1980 Series], incorporated herein as Appendix G) with the following modifications: A. Advancement to the second and third steps in the salary range shall be at twelve- month intervals. B. The Police Chief shall be authorized to reevaluate employees who reach top step in their pay range. An employee who is not performing up to standard for the top step shall be notified in writing that the Police Chief intends to reduce him one step unless his job performance improves significantly within a 60-day period. Unless the employee's job performance improves to an acceptable level by the end of 60 days, the pay reduction shall then become effective. The top step may be reinstated at any time upon recommendation of the Police Chief. If the Police Chief deems it necessary to again remove the top step during the same fiscal year, he may make the change at any time with three business days' advanced written notice. Effective the first full payroll period in January 2002, the salary range for Police Officer consists of seven steps (1 through 7). Steps 1 through 6 equal 95% of the next highest step, computed to the nearest $1.00. The salary range for Communications Technician, Evidence Technician, Field Services Technician and Police Cadet consists of five steps (1 through 5). Each across-the-board % salary increase shall raise each step of the range by the %. Step 5 of each successive salary range will be 2.63% above step 5 of the next lower range. After all steps of each salary range have been established, each shall be rounded off to the nearest $1.00. Employees who are eligible for advancement to top step must receive a "Meets Performance Standards" or better on the overall rating on their most 7 recent Performance Appraisal prior to or coincident with their being eligible for advancement by time in grade. Employees who are eligible for advancement to step 4 or 5 must receive a "Meets Performance Standards" or better on the overall rating on their most recent Performance Appraisal prior to or coincident with their being eligible for advancement by time in grade. Effective the first full payroll period in January 2002, employees occupying steps 1 or 2 of the December 2001 salary range shall be advanced to the new step 1 (December salary range, old step 3). Employees occupying steps 3 through 7 in the December salary range shall each advance 1 step in the new range. Subsequent increases will occur on the employee’s anniversary date or based on meeting Master Police Officer requirements for steps 6 and 7. Effective the first full payroll period in January 2002, Communication Technicians and Police Cadets occupying Step 1 of the December 2001 salary range shall be advanced to the new Step 1. 7.2 Salary Increases for Term of Agreement Salary increases will be paid on the first day of the first full pay period following the dates listed below: Sworn Non-Sworn July 2000 5.0% 5.0% July 2001 3.0% 3.0% January 2002 2.0% 2.0% July 2002 3.0% 3.0%(.5%for FST) January 2003 2.0% 2.0% July 2003 2.0% 5.0% January, 2004 2.0% The Field Service Technician job descriptions shall be modified to eliminate the requirement of emergency medical dispatch certification and dispatch relief. 8 7.3 Salary Range Listing – July 2000 through June 2004 July 2000 5% Increase Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Salary Position Monthly/ Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/ Monthly/Monthly/ Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly 705 Police Cadet 2,860 3,011 3,169 3,336 3,512 3,696 1,320 1,390 1,463 1,540 1,621 1,706 707 Field Service 3,092 3,254 3,425 3,606 3,796 3,995 Technician 1,427 1,502 1,581 1,664 1,752 1,844 708 Communications 3,092 3,254 3,425 3,606 3,796 3,995 Technician I 1,427 1,502 1,581 1,664 1,752 1,844 720 Evidence 4,116 4,332 4,561 4,801 5,053 5,319 Technician 1,900 2,000 2,105 2,216 2,332 2,455 750 Police Officer 3,660 3,852 4,055 4,268 4,493 4,730 4,978 5,241 5,516 1,689 1,778 1,872 1,970 2,074 2,183 2,298 2,419 2,546 July 2001 3% Increase Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Salary Position Monthly/ Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/ Monthly/Monthly/ Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly 705 Police Cadet 2,946 3,101 3,264 3,436 3,616 3,807 1,360 1,431 1,506 1,586 1,669 1,757 707 Field Service 3,184 3,351 3,528 3,713 3,909 4,115 Technician 1,469 1,547 1,628 1,714 1,804 1,899 708 Communications 3,184 3,351 3,528 3,713 3,909 4,115 Technician I 1,469 1,547 1,628 1,714 1,804 1,899 720 Evidence 4,240 4,463 4,698 4,945 5,206 5,480 Technician 1,957 2,060 2,168 2,282 2,403 2,529 750 Police Officer 3,769 3,967 4,176 4,396 4,627 4,871 5,127 5,397 5,681 1,739 1,831 1,927 2,029 2,136 2,248 2,366 2,491 2,622 9 January 2002 2% Increase Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Salary Position Monthly/ Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/ Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly 705 Police Cadet 3,162 3,329 3,504 3,689 3,883 1,460 1,536 1,617 1,702 1,792 707 Field Service 3,418 3,598 3,788 3,987 4,197 Technician 1,578 1,661 1,748 1,840 1,937 708 Communications 3,418 3,598 3,788 3,987 4,197 Technician I 1,578 1,661 1,748 1,840 1,937 720 Evidence 4,553 4,793 5,045 5,311 5,590 Technician 2,101 2,212 2,328 2,451 2,580 750 Police Officer 4,259 4,483 4,719 4,967 5,229 5,504 5,794 1,966 2,069 2,178 2,293 2,413 2,540 2,674 July 2002 .5% Increase for Field Service Technicians and 3% for all others Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Salary Position Monthly/ Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/ Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly 705 Police Cadet 3,258 3,429 3,610 3,800 4,000 1,504 1,583 1,666 1,754 1,846 707 Field Service 3,436 3,617 3,807 4,008 4,219 Technician 1,586 1,669 1,757 1,850 1,947 708 Communications 3,521 3,706 3,901 4,106 4,323 Technician I 1,625 1,710 1,800 1,895 1,995 720 Evidence 4,689 4,936 5,196 5,469 5,757 Technician 2,164 2,278 2,398 2,524 2,657 750 Police Officer 4,386 4,617 4,860 5,116 5,385 5,669 5,967 2,024 2,131 2,243 2,361 2,485 2,616 2,754 10 11 January 2003 2% Increase Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Salary Position Monthly/ Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/ Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly 705 Police Cadet 3,323 3,498 3,682 3,876 4,080 1,534 1,614 1,699 1,789 1,883 707 Field Service 3,505 3,689 3,883 4,088 4,303 Technician 1,618 1,703 1,792 1,887 1,986 708 Communications 3,591 3,780 3,979 4,189 4,409 Technician I 1,658 1,745 1,837 1,933 2,035 720 Evidence 4,783 5,034 5,299 5,578 5,872 Technician 2,207 2,323 2,446 2,575 2,710 750 Police Officer 4,474 4,709 4,957 5,218 5,493 5,782 6,086 2,065 2,174 2,288 2,408 2,535 2,669 2,809 July 2003 2% Increase for Sworn and 5% Increase for Non-Sworn Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Salary Position Monthly/ Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/ Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly 705 Police Cadet 3,489 3,673 3,866 4,069 4,284 1,610 1,695 1,784 1,878 1,977 707 Field Service 3,680 3,873 4,077 4,292 4,518 Technician 1,698 1,788 1,882 1,981 2,085 708 Communications 3,771 3,970 4,179 4,399 4,630 Technician I 1,741 1,832 1,929 2,030 2,137 720 Evidence 5,023 5,287 5,565 5,858 6,166 Technician 2,318 2,440 2,569 2,704 2,846 750 Police Officer 4,563 4,803 5,056 5,322 5,602 5,897 6,208 2,106 2,217 2,334 2,456 2,586 2,722 2,865 January 2004 2% Increase for Sworn Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Salary Position Monthly/ Monthly/Monthly/Monthly/Monthly/Monthly/Monthly/ Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly 705 Police Cadet 3,489 3,673 3,866 4,069 4,284 1,610 1,695 1,784 1,878 1,977 707 Field Service 3,680 3,873 4,077 4,292 4,518 Technician 1,698 1,788 1,882 1,981 2,085 708 Communications 3,771 3,970 4,179 4,399 4,630 Technician I 1,741 1,832 1,929 2,030 2,137 720 Evidence 5,023 5,287 5,565 5,858 6,166 Technician 2,318 2,440 2,569 2,704 2,846 750 Police Officer 4,654 4,899 5,157 5,428 5,714 6,014 6,331 2,148 2,261 2,380 2,505 2,637 2,776 2,922 12 ARTICLE 8 MASTER POLICE OFFICER PROGRAM 8.1 The Master Police Officer Program shall be as follows: The specialty assignments included in this program are: Field Training Officer 3 years S.O.R.T. 3 years Traffic Officer 3 years Investigator 4 years DARE and SRO 3 years Crime Scene Investigator 3 years Range Master* 4 years Downtown Officer 3 years * Applicable for MPO II only Officers presently serving in specialty assignments shall have the option of serving out the longer of the previous or new term with full credit for the assignment. Example: S.O.R.T., previously a two-year term, may opt for a three year term. Traffic Officer, previously a four year term, may opt for completing four years or rotating out of the assignment at the completion of three years with full credit for the assignment. 8.2 To be eligible for compensation under this program, an employee must receive and maintain at least a "Meets Performance Standards" rating on their evaluation. 8.3 Compensation under this program shall in no case exceed two steps on the salary range. 8.4 Master Police Officer I Two full years at Step 5 of the salary range. Must have obtained an Intermediate POST certificate. Must have successfully completed two years in a specialty assignment. Compensation: Police Officer Step 6. 13 8.5 Master Police Officer II Three full years at the Master Police Officer I level. Must have obtained an advanced POST Certificate. Must have completed a second specialty assignment and at least two years in a third specialty assignment. Reassignment, with a break in service, to the same assignment will be credited as a third assignment. To be credited for purposes of compensation, an officer shall be required to complete the terms of any specialty assignment unless early departure for good cause is/was authorized by the Chief of Police. Departure for any other reason will forfeit MPO compensation at the time of departure. Compensation: Police Officer Step 7. Officers at the MPO II level will be permitted to wear a two stripe insignia (otherwise recognized as Corporal stripes) recognizing their status as determined by Department uniform policy. Any employee who has previously held a specialty assignment in S.O.R.T., but did not complete the stated time requirements as stated above (except for disciplinary removal), will be credited with two years service in that specialty assignment. 14 ARTICLE 9 RECLASSIFICATION/COMMUNICATIONS SUPERVISOR 9.1 The City shall reclassify two Communications Technician positions to Communications Supervisor positions. 9.2 Communications Supervisors shall be responsible for shift supervision, employee performance evaluations including monthly counseling evaluations, scheduling, and training issues including new hires and in-service training. They shall report directly to the Communications Manager. 9.3 Communications Supervisors shall have a work schedule determined by the Department that ensures appropriate coverage for all communications personnel. 9.4 Compensation for Communications Supervisors shall be established at two steps above top step for Communications Technicians. 15 ARTICLE 10 BILINGUAL PAY 10.1 Employees certified as bilingual in Spanish through a testing process shall receive a bilingual payment of $35 per pay period. Additional languages may be approved by the City based upon demonstrated need. Regardless of certification, all employees shall use any language skills they possess to the best of their ability. . 16 ARTICLE 11 OVERTIME - SWORN 11.1 DEFINITION Overtime is defined as all hours worked in excess of 160 hours worked in the employee's 28 day work period. Vacation, holidays, sick leave, IOD, and compensatory time off shall be considered hours worked when computing overtime. 11.2 ELIGIBILITY All sworn employees covered by this Agreement shall be eligible for overtime pay. 11.3 COMPENSATION A. Overtime hours 161 through 171 worked in the employee's 28 day work period shall, at the employee's option, be compensated in cash at time and one half the employee's regular rate of pay or in time off compensated at time and one half. However, no employee shall accumulate and have current credit for more than 80 hours of compensatory time off. B. Overtime earned in excess of the first 11 hours of overtime earned in the employee's 28 day work period shall be compensated in cash at time and one half the employee's regular rate of pay. C. The Association and the City agree that CTO usage is subject to normal time off approval processes and may be denied if it would result in the need for overtime coverage (except when scheduled in conjunction with approved vacation during the annual vacation sign-ups). 11.4 GUARANTEED MINIMUMS FOR RETURNING TO WORK Whenever an employee is required by the department to return to work outside of the employee's normal work hours, if a minimum applies as found in this article, then the employee has the choice of taking the minimum or taking the pay for the work actually performed. 17 11.5 CALL BACK Effective the first full pay period upon ratification, employees called back to work at hours not contiguous to their normally scheduled shift shall be guaranteed a three-hour minimum payment at time and one half. Unanticipated emergency call-backs (criminal investigations, emergency evacuations, natural disasters, civil unrest, SWAT, etc.) will include a total 30 minutes for travel time. 11.6 COURT TIME A. Effective the first full pay period upon ratification, employees reporting for court duty shall be guaranteed three hours minimum payment at time and one-half. B. Employees required to work through the lunch break while on court duty shall be credited with time worked. Duty free lunch periods shall not be compensable, to a maximum of thirty (30) minutes. C. Two or more court cases occurring within the minimum time period shall be subject to a single minimum payment. 11.7 ROLL CALL BRIEFING Employees who are required to attend roll call briefing and do, shall be paid for such attendance. Payment shall be considered overtime and paid as such if the hours fall within the definition of overtime. 11.8 TRAINING Employees called back for training sessions, authorized by the Police Chief or Watch Commander, shall be guaranteed two-hour minimum payment at straight time. 11.9 RANGE QUALIFICATION A. Sworn personnel shall be guaranteed two hours at straight time when participating in range qualification training when off duty. B. Each sworn employee who shoots for qualification shall be provided 100 rounds of practice ammunition each month. 18 ARTICLE 12 OVERTIME - NON-SWORN 12.1 DEFINITION Overtime is defined as all hours worked in excess of 40 hours worked in a workweek. Vacation, holidays, sick leave, IOD and compensatory time off shall be considered hours worked when computing overtime. 12.2 ELIGIBILITY All non-sworn employees covered by this Agreement shall be eligible for overtime pay. 12.3 COMPENSATION Overtime shall be compensated in cash at time and one half the employee's regular rate of pay or in time off compensated at time and one half. 12.4 GUARANTEED MINIMUMS FOR RETURNING TO WORK Whenever an employee is required by the department to return to work outside of the employee's normal work hours, if a minimum applies as found in this article, then the employee has the choice of taking the minimum or taking the pay for the work actually performed. 12.5 CALL BACK Effective the first full pay period upon ratification, employees called back to work at hours not contiguous to their normally scheduled shift shall be guaranteed a three-hour minimum payment at time and one half. Unanticipated emergency call-backs (criminal investigations, emergency evacuations, natural disasters, civil unrest, SWAT, etc.) will include a total 30 minutes for travel time. 19 12.6 COURT TIME A. Effective the first full pay period upon ratification, employees reporting for court duty shall be guaranteed three hours minimum payment at time and one-half. B. Employees required to work through the lunch break while on court duty shall be credited with time worked. Duty free lunch periods shall not be compensable, to a maximum of thirty (30) minutes. C. Two or more court cases occurring within the minimum time period shall be subject to a single minimum payment. 12.7 ROLL CALL BRIEFING Employees who are required to attend roll call briefing and do, shall be paid for such attendance. Payment shall be considered overtime and paid as such if the hours fall within the definition of overtime. 12.8 TRAINING Employees called back for training sessions, authorized by the Police Chief or Watch Commander, shall be guaranteed two-hour minimum payment at straight time. 20 ARTICLE 13 WORK OUT-OF-GRADE Employees temporarily assigned to work in a higher classification shall receive one step (5.26%) additional pay but in no case more than the top step for the higher classification under the following conditions: A. The assignment exceeds ten consecutive workdays, or eighty consecutive work hours, in which case the step increase becomes effective on the first workday. B. The person being temporarily replaced is on extended sick or disability leave or the position is vacant and an examination is pending. 21 ARTICLE 14 STANDBY 14.1 DEFINITION Standby is that circumstance which requires an employee assigned by the department to: 1) be ready to respond immediately to a call for service; 2) be readily available at all hours by telephone or other agreed upon communication equipment; and 3) refrain from activities which might impair his/her assigned duties upon call. The parties agree that employees on standby, as defined above, are "waiting to be engaged." The parties further agree there is no intent to waive any individual rights under FLSA. 14.2 COMPENSATION Non-investigator A. Personnel placed on standby shall be compensated one-hour's pay for each five hours standby. B. Such employees shall be paid a minimum of three hours straight time when on standby. Each calendar day starts a new standby period. Investigator A. Investigators placed on standby shall be compensated $30 per day Monday through Friday, and $35 per day for other days of standby. B. Standby shall be rotated among the assigned investigators. Normally, the standby assignment shall be for a period of one week. 22 ARTICLE 15 EDUCATION INCENTIVE The educational incentive pay plan shall continue as described below for non-sworn personnel for the term of this agreement. A. BASIC BENEFITS. Education incentive pay shall not begin until one year after employment with the City of San Luis Obispo, but credit will be given for approved education obtained prior to that time. The basic benefit for employees employed prior to July 1, 1981, will consist of one-half step above the base salary for possession of an A.A. or equivalent degree from an accredited community or junior college, or 60 or more semester units, or a City-approved equivalent; one full step for a B.A. or equivalent degree from an accredited college or university. B. JOB RELATED FIELDS. Degrees must be either in directly job related fields or include at least 30 semester, or City-approved equivalent, units of job related coursework in the case of an A.A. degree and at least 60 semester, or City-approved equivalent, units in the case of a B.A. Should an employee qualify for the one-half step basic benefit by having completed 60 or more semester units or City-approved equivalent, at least 30 of those units must be in job related coursework. All qualifying coursework must be graded at "C" or Pass or better. C. APPLICATION AND APPROVAL. Application for the incentive pay shall be made by the employee to the Chief of Police at least 30 days before the date the payment of the incentive pay is to be effective. Approval of the Chief of Police and the Director of Human Resources shall be required. D. UNSATISFACTORY PERFORMANCE. In the event an employee receiving the incentive pay is not performing up to the established standards set for the job, the Chief of Police, with the concurrence of the City Administrative Officer, may suspend payment of the incentive pay or Step E of the salary range, but not both, until such time as the 23 employee's performance comes up to the standard level, in the opinion of the Chief of Police and in concurrence of the City Administrative Officer. E. NON-APPLICABILITY. Educational incentives shall not be paid for education received on City time. The education incentive will be removed if the employee is promoted to a position that does not entitle employees to such incentives. F. NEW EMPLOYEES. The basic benefit for employees hired on or after July 1, 1981, shall be a five percent step increase for a period of one fiscal year if during the previous fiscal year the employee has successfully completed —i.e., grades of "C" or better in all courses — a minimum of nine semester units of college level classroom work, or City- approved equivalent, approved by the Chief of Police, provided that this benefit shall be payable only for classroom work done after completion of the probationary period. 24 ARTICLE 16 UNIFORM ALLOWANCE 16.1 Each employee required to wear a uniform shall receive an annual uniform allowance as provided below and is expected to purchase and maintain in good repair all required uniform pieces. 16.2 The uniform allowance shall be: 1 July, 2000…. $800.00 1 July, 2002…. $850.00 1 July, 2003…. $900.00 This shall be issued to the employee with the first payroll check each July. 16.3 If an employee is off duty for more than three pay periods, the following July's allowance should be reduced by the appropriate prorated amount. 25 ARTICLE 17 HEALTH CARE INSURANCE 17.1 CONTRIBUTION City shall contribute $415.00 per month for Cafeteria Plan benefits for each regular, full time employee covered by this agreement. Less than full-time employees shall receive a prorated share of the City's contribution. Effective March 1, 2002, the City’s contribution shall be modified and increased as follows: Employee $290.00 Employees Plus One $540.00 Family $690.00 Employees shall be eligible for the City contributions set forth above based on the number of dependents they enroll in the PERS Health Benefit Program. Employees opting out of health coverage as provided for below, shall also receive payment at the employee only level. Effective in January 2003 and 2004, the City’s contribution shall be changed by an amount equal to the average increase change for health coverage in the PERS HMOs available in San Luis Obispo County by category (i.e. Employee, Employee Plus One and Family). Should fewer than three PERS HMO’s be available in San Luis Obispo County, the City and Association agree to meet and confer on modification to the formula for the contribution adjustment for January 2003-04. 17.2 INSURANCE COVERAGE A. PERS Health Benefit Program The City has elected to participate in the PERS Health Benefit Program with the "unequal contribution option" at the PERS minimum contribution rate, currently 26 $16.00 per month for active employees and $1.00 per month for retirees. The City's contribution toward retirees shall be increased by 5% per year of the City's contribution for the active employees until such time as the contributions for employees and retirees are equal. The City's contribution will come out of that amount the City currently contributes to employees as part of the Cafeteria Plan. The cost of the City's participation in PERS will not require the City to expend additional funds toward health insurance beyond what is already provided. In summary, this cost and any increases will be borne by the employees. B. Health Insurance Coverage Optional Participation Employees with proof of medical insurance elsewhere are not required to participate in the PERS Health Benefit Program and may receive the unused portion of the City's contribution (after dental and vision insurance is deducted) in cash in accordance with the City's Cafeteria Plan. Those employees will also be assessed $16.00 per month to be placed in the Retiree Health Insurance Account. This account will be used to fund the City's contribution toward retiree premiums and the City's costs for the Public 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. C. Dental and Vision Insurance/Dependent Coverage Employees will be required to participate in the City's dental and vision plans at the employee only rate. Should they elect to cover dependents in the City's dental and vision plans, they may do so, even if they do not have dependent coverage under PERS. 27 D. Long Term Disability Insurance (LTD) Sworn employees are covered for Long Term Disability Insurance through the Association and are responsible for premium payments. Non-sworn employees continue to be covered under the City’s Long Term Disability Insurance Program. 17.3 FLEXIBLE BENEFITS PLAN The 1988-1993 addendum outlining the flexible benefits plan is incorporated herein as Appendix E. The non-reimbursed maximum medical cost will be $2,400 per calendar year. 17.4 REPRESENTATION ON A MEDICAL PLAN REVIEW COMMITTEE The Association shall appoint one voting representative 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. A. Duties and Obligations of the Medical Plan Review Committee The duties and obligations of the Medical Plan Review Committee shall be to: 1. Review and suggest changes for the City's flexible benefits plan and the insurance plan offered under the MOA. 2. 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. 3. Disseminate information and educate employees about the City's flexible benefits plan and the insurance plans offered under the MOA. 4. Participate in other related assignments requested by the City and its employee associations. 28 B. Miscellaneous 1. The actions of the Medical Plan Review Committee shall not preclude the Association and the City from meeting and conferring. 2. 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 the Association. 3. If changes to the City's flexible benefits plan are subject to meet and confer requirements, the City and the Association agree to meet and confer in good faith. 4. 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. 17.5 HEALTH INSURANCE FOR UNIT MEMBER SURVIVORS The City shall maintain and pay for the existing level of benefits for one (1) year for the surviving family of a unit member who dies while in the line of duty. 29 ARTICLE 18 RETIREMENT 18.1 The City agrees to provide the Public Employees' Retirement System's (PERS) 2% at age 50 plan to all sworn personnel and 2% at age 55 for all non-sworn personnel. The 2% at age 50 plan includes four amendments, namely, Post Retirement Survivor Allowance, the 1959 Survivor's Benefit, Level Four, age 50 voluntary retirement, military service credit, and one-year final compensation (except all employees hired as sworn officers on or after 1 July 1987 shall have their final compensation for retirement purposes figured on their highest three years) and conversion of unused sick leave credit to additional retirement credit. The 2% at 55 plan has three amendments, 1959 Survivor's Benefit, Level Four, one year final compensation, military service credit, and conversion of unused sick leave credit to additional retirement credit. Effective no later than March 1, 2003, the City shall amend its PERS Public Employees Retirement System program to the full formula 3% at 50 plan for all sworn personnel. The City shall implement the single highest year benefit for all sworn unit personnel as soon as possible. 18.2 Effective January 1, 2000, the City discontinued paying the sworn employees’ share of the PERS Contribution (9%) and the non-sworn employees’ share of the PERS Contribution (7%). The 9% and the 7% were added to the employees’ base salaries and reported as compensation to PERS. The employee pays to PERS their contribution; as allowed under Internal Revenue Code Section 414 (h) (2) the contribution is made on a pre-tax basis. 30 ARTICLE 19 SENIORITY 19.1 Overall seniority in a specific job classification (i.e., Police Officer, Communications Technician, Field Service Technician, etc.) will prevail as the standard. All days off, vacation, holidays, and shift selections will be determined by overall seniority in a specific job classification, in compliance with department policy. The department will continue to designate the shifts to be available; including the days off and shifts starting and stopping times. Employees will choose from those shifts designated by the department as available. 19.2 Seniority as it applies to special assignments for the officers will also fall under this standard regardless of seniority in the special assignment. This shall include all current incumbents in specialty assignments as outlined in Article 8. 31 ARTICLE 20 HOLIDAYS 20.1 For all employees, holiday leave shall be accrued as earned each payroll period at a rate of eight hours per month. The following thirteen days of each year are designated holidays for non-shift employees: January 1 – New Year's Day Third Monday in January – Martin Luther King's Birthday Third Monday in February – Presidents’ Day Last Monday in May – Memorial Day July 4 – Independence Day First Monday in September – Labor Day September 9 – California Admission Day Second Monday in October – Columbus Day November 11– Veteran's Day Fourth Thursday in November – Thanksgiving Day Friday after Thanksgiving Day December 25 – Christmas One-half day before Christmas One-half day before New Year's 20.2 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. 20.3 Except with the prior approval of the Chief, non-shift personnel shall take the holidays as scheduled above. 20.4 Each employee shall earn 4.33 hours of holiday leave semi-monthly, in lieu of fixed holidays. Such employees shall receive payment at straight time hourly rate for a portion 32 of their earned holiday leave (2.16 hours) each semi-monthly payroll period. 20.5 Effective January 2002, the remainder of the employee’s annual holiday leave (52 hours) shall be advanced to the employee effective the first payroll period in January of each year. Such holiday leave may be taken off by the employee with the approval of the Police Chief or his designee. 20.6 Each calendar quarter, an employee has the option of receiving payment for one-fourth (1/4) of his/her advanced holiday leave. The combination of holiday leave taken off and payment of advanced holiday time may not exceed 52 hours. Any holiday leave remaining as of the last payroll period in December of each year will be paid to the employee at the straight time rate. The December 2002 cash out will include all remaining holiday hours, even those that had been earned under the previous holiday provisions. If an employee terminates for any reason, having taken off hours in excess of his/her prorated share, the value of the overage will be deducted from the employee’s final paycheck.. 33 ARTICLE 21 VACATION 21.1 Full time employees shall accrue vacation leave with pay at the rate of 96 hours per year of continuous service since the benefit date for the first five years, 120 hours per year upon completion of five years, 144 hours per year upon completion of 10 years, and 160 hours upon completion of 20 years. 21.2 All employees may accrue a maximum of vacation time not to exceed twice their annual rate. 21.3 Vacation Sellback All employees in this unit are eligible, once annually in December, to request payment for up to 48 hours of unused vacation leave provided that an employee's overall performance and attendance practices are satisfactory. Payment for unused vacation leave is subject to the availability of budgeted funds. 21.4 Patrol Vacation Assignment The master vacation schedule shall provide that two officers per watch shall be allowed to sign up for priority vacation. Officers shall only be required to sign up for regular workdays. Two additional officers (a total of four) shall be allowed to sign up on the master vacation schedule. The Department, under normal circumstances, dependent upon staffing level needs, may accommodate up to a maximum total of two officers per day per shift vacation leave. Subject to the limitations above, after the posting of shifts/days off for each shift rotation, employees shall be allowed to request, by seniority, for additional available vacation days. 34 ARTICLE 22 SICK LEAVE 22.1 Sick leave is governed by Section 2.36.420 of the Municipal Code. 22.2 Upon termination of employment by death or retirement, a percentage of the dollar value of the employee's accumulated sick leave will be paid to the employee, or the designated beneficiary or beneficiaries, according to the following schedule: A. Death – 25% B. Retirement and actual commencement of PERS benefits: 1. After twenty years of continuous employment – 20% 2. After twenty-five years of continuous employment – 25% 3. After thirty years of continuous employment – 30% 35 ARTICLE 23 FAMILY LEAVE 23.1 An employee may take up to 16 hours of sick leave per year if required to be away from the job to personally care for a member of his/her immediate family. 23.2 An employee may take up to 40 hours of sick leave per year if the family member is a part of the employee's household. 23.3 If the family member is a child, a parent or spouse, an employee may use up to forty- eight (48) hours annually to tend to the illness of a child, parent or spouse, instead of the annual maximums set forth in paragraphs 23.1 and 23.2 in accordance with Labor Code Section 233. 23.4 An employee may take up to 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. 23.5 The amounts shown above are annual maximums, not maximums per qualifying family member. A member of the employee's immediate family shall mean spouse, child, brother, sister, parent, parent-in-law, step-parent, step-brother, step-sister, grandparent, or any other relative living in the same household. 23.6 In conjunction with existing leave benefits, unit employees with one year of City service who have worked at least 1280 hours in the last year may be eligible for up to 12 weeks of Family/Medical Leave within any 12 month period. Family/Medical leave can be used for: A. A new child through birth, adoption or foster care (maternal or paternal leave). B. A seriously ill child, spouse or parent who requires hospitalization or continuing treatment by a physician. 36 C. Placement of an employee's child for adoption or foster care. D. A serious health condition, which makes the employee unable to perform the functions of his or her position. This leave shall be in addition to leave available to employees under the existing four- month Pregnancy Disability Leave provided by California law. Paid leave, if used for family leave purposes or personal illness, will be subtracted from the 12 weeks allowed by the Family/Medical Leave Program. Employees must use all available vacation, compensatory time off and holiday leave and, if appropriate, sick leave prior to receiving unpaid Family/Medical Leave. 23.7 Employees on Family/Medical Leave will continue to receive the City's contribution towards the cost of health insurance premiums. However, employees who receive cash back under the City's flexible benefit Plan will not receive that cash during the Family/Medical Leave. The City will pay only City group health insurance premiums. 23.8 If an employee does not return to work following Family/Medical Leave, the City may collect the amount paid for health insurance by the City during the leave. There are two exceptions to this rule. A. The continuation of a serious health condition of the employee or a covered family member prevents the return. B. Circumstances beyond the employee's control. Further details on Family/Medical Leave are available through the City's "Guide to Family/Medical Leave Program". 37 ARTICLE 24 BEREAVEMENT LEAVE At each employee's option, absence from duty due to the death of a member of the employee's immediate family, meaning spouse, child, brother, sister, parent, parent-in-law, step-parent, step- brother, step-sister, grandparent, or any other relative living in the same household, provided such leave as defined in this Article shall not exceed 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 given concerning the death of relationship shall be cause for discharge. 38 ARTICLE 25 CATASTROPHIC LEAVE 25.1 Upon request of an employee and upon approval of the Chief of Police, leave credits (vacation, compensatory time off, or holiday time) may be transferred from one or more employees (donors) to another employee (recipient). The recipient may participate in the program under the six following conditions: A. The recipient is a regular employee. B. The recipient has sustained a life threatening or debilitating illness, injury or condition (The Chief may require that the condition be confirmed by a doctor's report.); or, C. A member of the recipient's immediate family, as defined in Article 23, has sustained a life threatening or debilitating illness, injury or condition (The Chief may require that the condition be confirmed by a doctor's report.). D. The recipient has exhausted all paid leave; or, in the case of illness of or injury to a recipient's immediate family member, all allowed leave. E. The recipient must be prevented from returning to work for at least 30 days and have applied for a leave of absence without pay for medical reasons. This condition does not apply when the illness or injury involves a member of the recipient's immediate family, rather than the recipient. F. The request for participation in the program shall be made on an Application for Catastrophic Leave Program form. 25.2 Transferring Time The following rules apply when donations of time occur: A. Vacation, compensatory time off, and holiday leave may be transferred by regular employees. B. The time will be converted from the type of leave given (i.e. vacation, holiday, etc.) to sick leave or family care leave, whichever is appropriate, and credited to 39 the recipient's leave time balance on an hour-for-hour basis and shall be paid at the rate of pay of the receiving employee. C. The donations must be a minimum of four hours and, thereafter, in whole hour increments. D. The total leave credits received by the employee shall normally not exceed three months; however, if approved by the Chief, the total leave credits received may be up to a maximum of six months. E. Recipients of family care leave will be allowed to use all hours received, up to the limits of this policy (see D. above), even though such use exceeds the limits for family care leave found in Article 23. F. Donations approved shall be made on a Donation of Time Credits form signed by the donating employee. These donations are irrevocable under any conditions. 25.3 Appeal Rights If an employee is denied participation in the program by the Chief, he/she may appeal this initial decision jointly to the Director of Human Resources. 40 ARTICLE 26 WORKERS' COMPENSATION LEAVE Any employee who is absent from duty because of on-the-job injury in accordance with State Workers' Compensation law and is not eligible for disability payments under Labor Code Section 4850 shall be paid the difference between his base salary and the amount provided by Workers' Compensation law during the first 90 business days of such disability absence. 41 ARTICLE 27 JURY DUTY AND MILITARY LEAVES 27.1 JURY DUTY Any regular or probationary City employee, when duly called to serve on any jury, and when not excluded there from, or when subpoenaed to appear as a witness at any trial, shall be compensated for the time required to be spent under the jurisdiction of the court by an amount equal to the difference between the pay he/she received as a juror and his/her regular daily rate received from the City. The difference between the time required to be spent on jury duty and the normal workday of the employee shall be spent performing the employee’s regular job assignments unless the department head, upon approval of the Director of Human Resources, determines this not to be practical. 27.2 MILITARY LEAVE Any line-item employee shall receive normal salary and fringe benefits during the first thirty days of any period of temporary military leave. Such compensation shall not exceed thirty calendar days in any one fiscal year. Any temporary military leave in excess of thirty days in one fiscal year shall be taken as vacation leave or leave of absence without pay. 42 ARTICLE 28 GENERAL PROVISIONS 28.1 Payday Paychecks will be disbursed on a bi-weekly schedule. Payday will be every other Thursday. This disbursement schedule is predicated upon normal working conditions and is subject to adjustment for cause beyond the City's control. 28.2 Paychecks Prior to Vacation If an employee is taking vacation leave and wishes to receive his regular paycheck before payday, the employee must notify the Finance Department in writing at least two weeks prior to the start of vacation provided the employee has sufficient vacation time coming to cover the pay period. Effective January 1, 2002, the practice of issuing paychecks prior to vacation shall be discontinued. 28.3 Salary Survey Agencies For the purposes of external comparisons the agencies to be used for review of compensation shall be the same survey agencies as the City uses for other City employees. Parties agree that this survey shall be based on total compensation and shall only be one of the considerations used to determine compensation. 43 ARTICLE 29 RESIDENCY REQUIREMENTS An officer's place of residence shall be within a one-hour driving radius from the San Luis Obispo Police Department. 44 ARTICLE 30 PROMOTIONAL POLICY Promotions from Police Officer to Police Sergeant shall be subject to the following: 1. Job Announcement. When the Police Department notifies the Department of Human Resources of a Sergeant position vacancy, the Department of Human Resources will publish a job announcement. The job announcement will identify the selection procedure, which includes the application process, test components with their weights expressed as a percentage of the total score, and tentative dates of the testing schedule. Whenever available, the City will identify study materials at least 60 days in advance of a test. 2. Application Process. A completed City application must be received in the Department of Human Resources by the filing deadline. The filing deadline will be at least 30 days from the date the job announcement is released by the Department of Human Resources. 3. Testing Components. A. Written Test: The written test will count as 20% of the final score. 1. A standardized Police Sergeants multiple-choice test as provided by a testing service, such as Cooperative Personnel Services (CPS) or International Personnel Management Association (IPMA). If available, the City will provide a list of suggested study materials. 2. A score of 70% or better on the written test will enable a candidate to proceed in the testing process. A score below 70% will disqualify a candidate from further consideration. 3. All candidates will have the right to review with a representative from the Department of Human Resources their own written test results so that the candidate may have the opportunity to improve in the future. 45 4. The Chief or his designee will review the test before it is given to ensure that the exam contains material relevant to a supervisory position in San Luis Obispo. B. Assessment Center will count as 60% of the final score. 1. The Assessment Center may consist of 2 or more exercises. One of these exercises will be a traditional oral board interview. Other exercises may include a situational role-playing, oral resume, simulation exercises; and a supplemental questionnaire to assess written communication, critical thinking, problem solving and leadership skills, or other testing instruments as determined by the Human Resource Director in consultation with the Police Chief. The Human Resources Director shall determine the weight of each Assessment Center activity. In no case shall the oral interview count less than 60% of the total Assessment Center score. 2. The evaluators will be members of the law enforcement community. Selection of the evaluators will be made by the Human Resources Director in consultation with the Chief of Police. The Human Resources Director or his/her designee from the HR Department will be responsible for instructing the raters on how to conduct interviews and the scope of the interviews. 3. A Police Department observer as appointed by the Chief of Police and an Association observer as appointed by the Association may monitor the Assessment Center. The Association observer must be a neutral, non-unit member not a part of, nor directly impacted by the testing process. Both observers shall be subject to approval by the Human Resources Director. The Chief of Police or his/her designee will provide the evaluators and observers with information about the qualifications desired for the position being tested. 46 4. At the conclusion of the testing process, each candidate will be asked to complete an anonymous evaluation of the testing procedure. This will be used to make improvements on the process. The evaluation will not be used in determining the final outcome of the testing process. C. Staff Evaluation will count as 20% of the total score. In addition to this review, the Chief shall review the candidate’s personnel files prior to making an appointment. The staff evaluation will not be provided to the oral panel. 1. Past and present day performance is a significant factor, which should be considered when determining a candidate’s promotability. 2. Each candidate who passes the written test will be evaluated by all sworn members of the Department with the rank of sergeant or lieutenant, excluding the Captains and the Chief of Police. 3. Subject to the approval of the Police Chief, if a supervisor feels he or she is unable to conduct an impartial evaluation due to unfamiliarity with a given applicant, he or she may opt not to evaluate the candidate but will be required to document the lack of familiarity on the evaluation form. 4. Staff evaluators will be able to review the three (3) most current performance evaluations and documentation from the last 24 months of counseling sessions. 5. Staff evaluations are to be in writing on a form developed by the Director of Human Resources and signed by the evaluator. 6. The staff evaluations will be discussed in a staff meeting. 7. Each applicant’s evaluation forms shall be available for review by the applicant. The applicant shall not have access to the other applicants’ evaluation forms. 8. Final scores will be tabulated by the Department of Human Resources. Prior to the score tabulation, applicants will have the opportunity to request in writing that the Department of Human Resources correct any factual errors contained in the applicant’s staff evaluation. 47 D. Peer evaluation is not compulsory, is only advisory to the Chief of Police and does not count toward the final score. 1. Peer evaluation is limited to those candidates who pass the Assessment Center. 2. All regular Department employees below the rank of Sergeant may complete a peer evaluation on a form developed by the Director of Human Resources. 3. Participants must verify their eligibility to participate in the peer review process. 4. The results of the peer evaluation will be tabulated by the Department of Human Resources. All forms will be anonymously forwarded to the Chief of Police. 5. The tabulated results of the peer evaluation for each individual candidate shall be released to the individual candidate upon request of the Human Resources Director after the eligibility list has been certified. 4. Final Selection. A. Upon completion of the testing process, the Department of Human Resources shall tabulate the scores. B. Candidates will be ranked by total score. Candidates scoring below 70% will be ranked unqualified and not placed on the eligibility list. Each candidate will be individually given his/her score in writing. C. Final selection by the Police Chief will be in accordance with the City’s Personnel Rules and Regulations. D. The eligibility list shall be valid for one year unless extended, in accordance with the City’s Personnel Rules and Regulations. E. Announcements for promotional opportunities for members of the Association will list testing and scoring processes that will be followed. Once defined, testing and scoring processes will not be modified. 48 There will be no banding on promotional exams and, if a candidate is by-passed during the selection process, that person will be given a written reason by the Police Chief as to why he/she was by-passed. The City agrees to an opener to discuss the promotional process if the Police Chief goes below the top three (3) candidates in making his selection on promotional exams two (2) or more times during the term of this contract. 49 ARTICLE 31 DEFINITIONS For purposes of uniformity in the performance evaluation process, the following definitions are provided: UNACCEPTABLE Consistently fails to meet performance standards and objectives for the position. Performance indicates serious lack of knowledge of basic skills or lack of application of skills. Requires immediate attention and improvement. IMPROVEMENT NEEDED Performance is frequently less than expected of a competent employee for the position. Performance indicates some deficiency in basic skill, knowledge or application. Specific efforts to improve desired. MEETS PERFORMANCE STANDARDS Performance indicates competent and effective adherence to expected standards. Performance indicates fully acceptable demonstration of knowledge and skills. EXCEEDS PERFORMANCE STANDARDS Performance consistently above standards for position. Performance indicates superior knowledge and application of skills. OUTSTANDING Exceptional performance. Application of knowledge, skills and results are consistently well beyond the expected standard for position. 50 ARTICLE 32 GRIEVANCE PROCEDURE 32.1 A grievance is defined as an alleged violation, misinterpretation or misapplication of Charter Section 1107, the Employer-Employee Resolution, the Personnel Rules and Regulations, this MOA or any existing written policy or procedure relating to wages, hours or other terms and conditions of employment excluding disciplinary matters. A grievance filed by an individual employee should be clearly identified as a formal grievance. This will be accomplished through the use of a formal grievance form (See Appendix B). 32.2 Any employee may file and process a grievance by providing the time, place and circumstances of the action prompting the grievance. A formal grievance should be filed only after the employee has attempted to resolve the disagreement with his/her immediate supervisor. As a courtesy, the employee should advise his/her supervisor of any intention to file a formal grievance. This action must take place within 15 business days of the occurrence of the grievance. Employees may be accompanied by a representative at each step of the process. If a specific action to be grieved affects several employees, those employees may consolidate their grievances and be represented. 32.3 After consideration of a formal grievance, which could include consultation and/or further discussion, the Chief, within 15 days of the filing of the formal grievance, will provide a written response to the employee representatives advising of his decision. 32.4 Provided that implementation processes are correctly followed, amending the Employer- Employee Resolution or the Personnel Rules and Regulations or creating new or amended written policies or procedures may not be grieved but shall first be subject to notice and consultation or meeting and conferring with the Association as provided in Sections 7, 8 and 9 of Resolution No. 6620. 51 32.5 The grievance procedures shall be outlined in the Personnel Rules and Regulations. 32.6 Any dispute regarding the eligibility of an issue for the grievance process may be appealed through the process ultimately to the Hearing Officer who shall decide on the eligibility prior to ruling on the merits. 32.7 A grievance is appealable, following several preliminary steps, to a Hearing Officer whose decision shall be final. A list of five potential hearing officers shall be obtained from the State Mediation and Conciliation Service by mutual consent. Then following a random determination of which party begins, parties shall alternately strike one name from the list until only one remains. Any fees or expenses of the Hearing Officer shall be payable one-half by the City and one-half by the appellant. All other expenses shall be borne by the party incurring the expense. 52 ARTICLE 33 LAYOFFS 33.1 Layoffs shall be governed by job performance and seniority in service within the department and job classification. For the purpose of implementing this provision, job performance categories shall be defined as follows: Category 1: Performance that is Unacceptable or Improvement Needed. 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 II: Performance that Meets Performance Standards, Exceeds Performance Standards, or is Outstanding. Performance defined by this category is evidenced by an employee's two most recent performance evaluations with an overall rating that falls within the top three performance categories of the performance appraisal. 33.2 A regular employee being laid off shall be that employee with the least seniority in the particular job classification concerned who is in the lowest job performance category. Employees in Category I with the lowest seniority will be laid off first, followed by employees in Category II. 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. 53 33.3 The parties agree that employees who are laid off pursuant to this Article shall have reemployment rights prior to the employment of individuals on an open or promotion list. The employee to be rehired must, at the time of rehire, meet the minimum qualifications as stated in the appropriate class specifications. Employees will be rehired on the basis of last out, first in. 54 ARTICLE 34 WORK ACTIONS 38.2 Participation by an employee in a strike or a concerted work stoppage is unlawful and shall terminate the employment relation. Provided, however, that nothing herein shall be so construed as to affect the right of any employee to abandon or to resign his employment. 38.3 The Association shall not hinder, delay, interfere, or coerce employees of the City in their peaceful performance of City services by strike, concerted work stoppage, cessation of work, slow-down, sit-down, stay-away, or unlawful picketing. 38.4 In the event that there occurs any strike, concerted work stoppage, or any other form of interference with or limitation of the peaceful performance of City services prohibited by this Article, the City, in addition to any other lawful remedies or disciplinary actions, may by the action of the Municipal Employee Relations Officer cancel any or all payroll deductions, prohibit the use of bulletin boards, prohibit the use of City facilities, and withdraw recognition of the Association. 38.5 Employee members of the Association 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. 38.6 Any decision made under the provisions of this 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 10 working days after the Association 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. 55 ARTICLE 35 COMMUNICATION PROCESS 35.1 Conferences There will be meetings as needed between the Chief of Police and management member(s) and at least two Association representatives to discuss problems or other subjects of mutual interest. Minutes of the meeting will be maintained to reflect topics discussed, actions to be taken, the party responsible for any action and the expected completion date. 35.2 Quarterly Meetings Two to four representatives of the Association, the City Administrative Officer (or designee), Chief of Police (or designee), and management representative(s) designated by the City will meet quarterly if there are issues of concern to the parties. No issues will be brought to this quarterly meeting without first having been discussed with the Chief of Police at a previous conference. 56 ARTICLE 36 NOTICE TO THE ASSOCIATION Prior to making changes directly and primarily relating to matters within the scope of representation, the City shall give the Association advance notice and the opportunity to meet and confer with City representatives prior to making the change(s). 57 ARTICLE 37 EQUIPMENT The City agrees to provide each sworn employee of the Association a Bianchi "Accumold" utility belt. The utility belt will only be worn as directed by the Chief of Police. The utility belt will become the property of the employee and the employee agrees to maintain this piece of equipment. A. The utility belt will consist of: belt, handcuff case, chemical spray holder, baton holder (to fit the baton carried by the employee), magazine case (to fit the magazines carried by the employee), holster (to fit the weapon carried by the employee), radio holder (to fit the radio carried by the employee), and four belt keepers. Any other accessories will be the responsibility of the employee. 58 ARTICLE 38 LIGHT DUTY The City and the Association have met and conferred on a light duty/return to work policy, which is established by mutual agreement as Police Department Operations Directive L-02, dated May 12, 1999. 59 ARTICLE 39 WORK SCHEDULES 39.1 The existing side letter agreements for schedules in patrol and communications are incorporated herein as Appendices C & D. Other division/assignments may be provided alternate work schedules under the following language: Employees may request that the Department Head or his/her designee consider alternate work schedules. Examples of alternate work schedules include 4/10 schedules, 9/80 schedules, 12-hour schedules, flexible schedules, etc. Alternate schedules may provide for paid or unpaid lunch periods of 30, 45 or 60 minutes. Except in cases of emergency, employees will be provided advance notice of at least thirty calendar days prior to having an alternate work schedule discontinued. Such notice does not apply to moving between alternate schedules, temporary schedule changes, flexible schedules, etc. If an alternate schedule is discontinued, the Department will notify the Association of the reason(s) for ending the schedule. Employees on flexible/alternate schedules shall continue to accrue time on the standard eight (8) hour day. Accrued leave shall be charged based on the number of hours missed due to a flexible schedule. Implementation of flexible/alternate schedules in non-sworn employee(s) may have a different FLSA seven (7) day work cycle established. Once established, the FLSA work schedule shall not be changed on a frequent or routine basis. 39.2 Appendix D, Work Schedule for Communication Technicians shall be modified to read: “Shift assignments will consist of Day Watch, Night Watch, Day Relief and Night Relief. 60 With the exception of the relief shifts while covering vacation and holidays, days off will not be split without the employee’s agreement except under emergency circumstances. Paybacks will be scheduled in conjunction with work days, by seniority, as staffing permits. No employee will be allowed to work a particular shift assignment for more than two consecutive rotation periods, except as authorized by the Communications Manager. This will also include Relief Shift that works the same general hours.” 39.3 Shift adjustment guidelines are incorporated herein as Appendix F. 39.4 Field Service Technicians will be entitled to a thirty minute unpaid lunch break. 61 ARTICLE 40 SWAT SWAT team members are required to maintain a higher standard of physical fitness than the normal employee. The City will reimburse each SWAT team member who voluntarily joins a physical fitness gym for the cost of the membership and monthly charges up to a maximum yearly rate of $375.00 per member. At the City’s request each member requesting reimbursement may be required to provide proof of membership and active participation. 62 ARTICLE 41 TRAUMATIC INCIDENTS Employees involved in a traumatic critical incident as defined by Operations Directive T-12, where the employee may be subject to investigation, shall be advised of his/her right to representation. 63 ARTICLE 42 NO DISCRIMINATION 42.1 There shall be no discrimination by the City of San Luis Obispo in employment conditions or treatment of employees on the basis of race, color, religion, national origin, sex, sexual orientation, age, marital status, physical or mental disability, association membership or non-membership, or participation in the activities of the Association. 42.2 There shall be no discrimination by the San Luis Obispo Police Officers Association in treatment of employees on the basis of race, color, religion, national origin, sex, sexual orientation, age, marital status, physical or mental disability, Association membership or non-membership, or participation in the activities of the Association. 64 ARTICLE 43 REOPENERS Upon request of either party, the City and Association agree to reopen negotiations during the term of this agreement on: • Implementation of improved retirement programs for non-sworn employees. Any such implementation shall be on a cost neutral basis to the City. • Implementation of retirement enhancements, if approved by the State Legislature and signed by the Governor. Examples include, but are not limited to the Deferred Retirement Option Plan. Any such implementation of retirement enhancements shall be on a cost neutral basis to the City. • Sick leave incentive programs. • Overtime sign-up language. Note: S-13 to be modified by July 1, 2002, to provide for lists to extend 60 days from the date of the first special assignment appointment . 65 ARTICLE 44 FULL AGREEMENT It is understood this Agreement represents a complete and final understanding on all negotiable issues between the City and the Association. This Agreement supersedes all previous Memoranda of Understanding or Memoranda of Agreement between the City and the Association except as specifically referred to in this Agreement. The parties, for the term of this Agreement, voluntarily and unqualifiedly agree to waive the obligation to negotiate with respect to any practice, subject or matter not specifically referred to or covered in this Agreement even though such practice, subject or matter may not have been within the knowledge of the parties at the time this Agreement was negotiated and signed. In the event any new practice or subject matter arises during the term of this Agreement and an action is proposed by the City, the Association will be afforded notice and shall have the right to meet and confer upon request. 66 ARTICLE 45 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 30 day work period. If no agreement has been reached, the parties agree to invoke the provision of impasse under Charter Section 1107. 67 ARTICLE 46 RENEGOTIATIONS If either party wishes to make changes to this Agreement, that party shall serve upon the other its written request to negotiate, as well as its initial proposals for an amended Agreement. Such notice and proposals must be submitted to the other party no more than 135 days nor less than 105 days prior to the end of the Agreement. If notice is properly and timely given, negotiations shall commence no later than 90 days prior to the end of the Agreement. 68 69 APPENDIX A CLASSIFICATION Non-Sworn Communications Technician Evidence Technician Field Service Technician Police Cadet Sworn Police Officer 70 APPENDIX B GRIEVANCE FORMS 71 72 73 APPENDIX C PATROL 3/12 WORK PLAN 74 75 76 77 78 79 80 81 APPENDIX D COMMUNICATIONS WORK PLAN 82 83 84 85 86 87 APPENDIX E FLEXIBLE BENEFITS PLAN 88 89 90 APPENDIX F SHIFT ADJUSTMENT 91 92 APPENDIX G RULES GOVERNING SALARY INCREASES 93 94 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO POLICE STAFF OFFICERS' ASSOCIATION JULY 1, 2004 - JUNE 30, 2007 TABLE OF CONTENTS Article No. Title Page No. 1 Parties to Agreement.................................................................1 2 Recognition...............................................................................2 3 Check Off/Dues Deduction.......................................................3 4 Employee Rights.......................................................................4 5 Management Rights..................................................................5 6 Representative Role..................................................................6 7 Renegotiations..........................................................................7 8 Salary........................................................................................8 9 Overtime.................................................................................13 10 Payday.....................................................................................20 11 General Provisions..................................................................21 12 Health Care Insurance ............................................................22 13 Retirement...............................................................................26 14 Uniform Allowance................................................................27 15 Holidays..................................................................................28 16 Vacation Leave.......................................................................30 17 Administrative Leave..............................................................32 18 Sick Leave ..............................................................................33 19 Family Leave..........................................................................34 20 Bereavement Leave ................................................................36 21 Catastrophic Leave.................................................................37 Table of Contents, Continued 22 Workers’ Compensation Leave ..............................................39 Article No. Title Page No. 23 Jury Duty and Military Leaves...............................................40 24 Grievance Procedure...............................................................41 25 Disciplinary Action.................................................................43 26 Impasse Procedure..................................................................44 27 SWAT Sergeants ....................................................................46 28 Reopeners ...............................................................................47 29 Full Agreement.......................................................................48 30 Savings Clause........................................................................49 31 Term of Agreement.................................................................50 32 Authorized Agents..................................................................51 33 Signatures ...............................................................................52 1 ARTICLE 1 PARTIES TO AGREEMENT This Agreement is made and entered into this, 21st day of February, 2006, by and between the City of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo Police Staff Officers' Association, hereinafter referred to as the Association. 2 ARTICLE 2 RECOGNITION Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620 (1989 Series), the City hereby recognizes the San Luis Obispo Police Staff Officers Association as the exclusive bargaining representative for purposes of representing regular and probationary employees occupying the position classifications of Police Sergeant, Police Lieutenant, Police Captain, Communications Supervisor, Police Records Supervisor, and Communications and Records Manager for the duration of this Agreement. 3 ARTICLE 3 CHECK OFF/DUES DEDUCTION 3.1 The City shall deduct dues from City employees and remit said dues to the Association on a semi-monthly basis for the duration of this Agreement, which dues shall not include assessments. 3.2 Monthly dues deduction, additions, and/or deletions shall be recorded by the City's Finance Officer and a notification of all dues transactions shall be sent semi-monthly to the Association President. 3.3 The Association shall hold the City harmless from any and all claims, and will indemnify it against any unusual costs in implementing these provisions. 4 ARTICLE 4 EMPLOYEE RIGHTS Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations including, but not limited to, wages, hours and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of the exercise of these rights. 5 ARTICLE 5 MANAGEMENT RIGHTS The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of government operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of the job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology for performing its work. 6 ARTICLE 6 REPRESENTATIVE ROLE Members of the Association may, by a reasonable method, select not more than three employee members and one employee observer to meet and confer with the Municipal Employee Relations Officer and other management officials (after written certification of such selection is provided by the Association) on subjects within the scope of representation during regular duty or work hours without loss of compensation or other benefits. The Association shall, whenever practicable, submit the name(s) of each employee representative to the Municipal Employee Relations Officer at least two working days in advance of such meetings. Provided further: (1) That no employee representative shall leave his or her duty or work station or assignment without specific approval of the Police Chief or other authorized City management officials. If employee representatives cannot be released, the date of the 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. 7 ARTICLE 7 RENEGOTIATIONS If at the expiration of the term of this Agreement, either party wishes to make changes to this Agreement, that party shall serve upon the other its written request to negotiate, as well as its initial proposals for an amended Agreement. Such notice and proposals must be submitted to the other party between 15 April and 1 May 2007. If notice is properly and timely given, negotiations shall commence no later than 15 May. 8 ARTICLE 8 SALARY 8.1 SALARY PROVISION FOR THE TERM OF AGREEMENT The City strives to compensate police management classifications at a reasonable level above the classifications they supervise. Typically a difference of 15% between vertical classifications is targeted, with the specific percentage determined by internal and external comparability data, City finances, and other labor relations factors and considerations. The parties agree to salary increases as set forth below to be effective on the first day of the first full payroll period in the month listed, for all employees in the Association employed by the City on the date this agreement is formally approved by the City Council: July 2004 2.0% January 2005 1.0% July 2005 2.0% January 2006 1.5% July 2006 2.0% January 2007 2.0% In addition to the above-listed salary increases, the following classifications shall receive an equity salary increase on July 13, 2006: Police Captains 4.0% Communications Supervisors 2.0% 8.2 RULES GOVERNING STEP INCREASES: The following rules shall govern step increases for employees: 1. Each salary range consists of six steps (A through F). Steps A through E equal 95% of the next highest step, computed to the nearest one dollar. 9 Step E = 95% of Step F Step D = 95% of Step E Step C = 95% of Step D Step B = 95% of Step C Step A = 95% of Step B Each across-the board % salary increase shall raise step F of the respective range by the %. After all step F's of salary ranges have been established, each step F shall be rounded off to the nearest $1.00 and the remaining steps established in accordance with the above formula. 2. The time in step progression for employees with satisfactory performance will be as follows: 1 year at Step A 1 year at Step B 1 year at Step C 1 year at Step D 1 year at Step E 3. Employees who are eligible for advancement to step E or F must receive a "Meets Performance Standards" or better on the overall rating on their most recent Performance Appraisal prior to or coincident with their being eligible for advancement by time in grade. 4. The Police Chief shall be authorized to reevaluate employees who reach Step F in their pay range. An employee who is not performing up to standard for the sixth step shall be notified in writing that the Police Chief intends to reduce him/her one step unless his/her job performance improves significantly within a 60 day period. Unless the employee's job performance improves to an acceptable level by the end of 60 days, the pay reduction shall then become effective. The sixth step may be reinstated at any time upon recommendation of the Police Chief. If the Police Chief deems it necessary to again remove the sixth step during the same fiscal year, he/she may make the change at any time with three business 10 days' advanced written notice. 8.3 SALARY RANGE LISTING – July 2004 THROUGH JUNE 2007 July 2004 2% all employees Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Job Salary Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Code Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly 801 0 800 Police Sergeant 5,628 5,924 6,236 6,564 6,909 7,273 2,597 2,734 2,878 3,030 3,189 3,357 803 0 805 Police Lieutenant 6,420 6,757 7,113 7,487 7,882 8,296 2,963 3,119 3,283 3,456 3,638 3,829 804 0 810 Police Captain 7,063 7,434 7,826 8,237 8,671 9,127 3,260 3,431 3,612 3,802 4,002 4,213 805 0 855 Communications Supervisor 3,923 4,129 4,347 4,575 4,816 5,070 1,811 1,906 2,006 2,112 2,223 2,340 804 5 850 Records Supervisor 3,923 4,129 4,347 4,575 4,816 5,070 1,811 1,906 2,006 2,112 2,223 2,340 805 5 860 Communications & Records 5,628 5,924 6,236 6,564 6,909 7,273 Manager 2,597 2,734 2,878 3,030 3,189 3,357 January 2005 1% all employees Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Job Salary Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Code Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly 801 0 800 Police Sergeant 5,684 5,984 6,298 6,630 6,979 7,346 2,624 2,762 2,907 3,060 3,221 3,391 803 0 805 Police Lieutenant 6,484 6,825 7,184 7,562 7,960 8,379 2,992 3,150 3,316 3,490 3,674 3,867 804 0 810 Police Captain 7,134 7,509 7,905 8,321 8,758 9,219 3,293 3,466 3,648 3,840 4,042 4,255 11 805 0 855 Communications Supervisor 3,962 4,171 4,390 4,621 4,865 5,121 1,829 1,925 2,026 2,133 2,245 2,363 804 5 850 Records Supervisor 3,962 4,171 4,390 4,621 4,865 5,121 1,829 1,925 2,026 2,133 2,245 2,363 805 5 860 Communications & Records 5,684 5,984 6,298 6,630 6,979 7,346 Manager 2,624 2,762 2,907 3,060 3,221 3,391 July 2005 2% all employees Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Job Salary Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Code Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly 801 0 800 Police Sergeant 5,799 6,104 6,425 6,763 7,119 7,494 2,676 2,817 2,966 3,122 3,286 3,459 803 0 805 Police Lieutenant 6,613 6,961 7,327 7,713 8,119 8,546 3,052 3,213 3,382 3,560 3,747 3,944 804 0 810 Police Captain 7,276 7,659 8,062 8,487 8,933 9,404 3,358 3,535 3,721 3,917 4,123 4,340 805 0 855 Communications Supervisor 4,041 4,254 4,477 4,713 4,961 5,222 1,865 1,963 2,066 2,175 2,290 2,410 804 5 850 Records Supervisor 4,041 4,254 4,477 4,713 4,961 5,222 1,865 1,963 2,066 2,175 2,290 2,410 805 5 860 Communications & Records 5,799 6,104 6,425 6,763 7,119 7,494 Manager 2,676 2,817 2,966 3,122 3,286 3,459 January 2006 1.5% all employees Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Job Salary Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Code Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly 12 801 0 800 Police Sergeant 5,886 6,196 6,522 6,865 7,227 7,607 2,717 2,860 3,010 3,169 3,335 3,511 803 0 805 Police Lieutenant 6,711 7,065 7,436 7,828 8,240 8,674 3,098 3,261 3,432 3,613 3,803 4,003 804 0 810 Police Captain 7,385 7,774 8,183 8,614 9,067 9,544 3,409 3,588 3,777 3,976 4,185 4,405 805 0 855 Communications Supervisor 4,101 4,317 4,544 4,783 5,035 5,300 1,893 1,992 2,097 2,208 2,324 2,446 804 5 850 Records Supervisor 4,101 4,317 4,544 4,783 5,035 5,300 1,893 1,992 2,097 2,208 2,324 2,446 805 5 860 Communications & Records 5,886 6,196 6,522 6,865 7,227 7,607 Manager 2,717 2,860 3,010 3,169 3,335 3,511 July 2006 2% Sergeants, Lieutenants, Records Supervisor, Communications & Records Manager 6% increase Captains 4% increase Communications Supervisors Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Job Salary Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Code Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly 801 0 800 Police Sergeant 6,004 6,320 6,653 7,003 7,371 7,759 2,771 2,917 3,070 3,232 3,402 3,581 803 0 805 Police Lieutenant 6,845 7,206 7,585 7,984 8,404 8,847 3,159 3,326 3,501 3,685 3,879 4,083 804 0 810 Police Captain 7,828 8,240 8,674 9,130 9,611 10,117 3,613 3,803 4,003 4,214 4,436 4,669 805 0 855 Communications Supervisor 4,265 4,489 4,726 4,974 5,236 5,512 1,968 2,072 2,181 2,296 2,417 2,544 804 5 850 Records Supervisor 4,183 4,403 4,635 4,879 5,135 5,406 13 1,931 2,032 2,139 2,252 2,370 2,495 805 5 860 Communications & Records 6,004 6,320 6,653 7,003 7,371 7,759 Manager 2,771 2,917 3,070 3,232 3,402 3,581 January 2007 2% all employees Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Job Salary Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Code Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly 801 0 800 Police Sergeant 6,124 6,446 6,785 7,142 7,518 7,914 2,826 2,975 3,132 3,296 3,470 3,653 803 0 805 Police Lieutenant 6,982 7,350 7,736 8,144 8,572 9,023 3,223 3,392 3,571 3,759 3,956 4,165 804 0 810 Police Captain 7,984 8,404 8,847 9,312 9,803 10,318 3,685 3,879 4,083 4,298 4,524 4,762 805 0 855 Communications Supervisor 4,350 4,579 4,820 5,074 5,341 5,622 2,008 2,114 2,225 2,342 2,465 2,595 804 5 850 Records Supervisor 4,267 4,491 4,728 4,976 5,238 5,514 1,969 2,073 2,182 2,297 2,418 2,545 805 5 860 Communications & Records 6,124 6,446 6,785 7,142 7,518 7,914 Manager 2,826 2,975 3,132 3,296 3,470 3,653 14 ARTICLE 9 OVERTIME - SERGEANTS 9.1 DEFINITION Overtime is defined as all hours worked in excess of 160 hours worked in the employee's 28 day work period. Vacation, holidays, sick leave, IOD, and compensatory time off shall be considered hours worked when computing overtime. 9.2 ELIGIBILITY Sergeants (except the Administrative Sergeant) shall be eligible for overtime pay. 9.3 SHIFT ADJUSTMENT In the matter of shift adjustments, it is agreed that the following guidelines will be followed: In any situation necessitating a shift adjustment, volunteers will first be sought. Shift adjustments will not be for more than two hours. Shift adjustments for special units or assignments are not covered by this guideline and remain the discretion of the Unit Supervisor or Bureau Commander. Whenever volunteers cannot be located, Sergeants assigned will be chosen sequentially by seniority. Generally, no more than two Sergeants per shift should be ordered to adjust unless an specific event necessitates it. At least 14 days notice will normally be given, but in no event will less than seven days notice be given, for an ordered shift adjustment. A Sergeant authorized to shift adjust will not suffer loss of briefing pay or other normal benefit. 15 Sergeants will be given at least ten hours between shifts for ordered non-emergency shift adjustments. Shift adjustments will not be ordered to deal with court or shift continuation unless it is necessary to insure the Sergeant has adequate rest. If court or another assignment prevents a Sergeant from getting proper rest between shifts, the Sergeant and the Watch Commander may arrange a shift adjustment to meet this need. With approval, the Sergeant could opt to use adjusted court time towards normal work hours instead of overtime, or to adjust shift start time up to four hours. In cases where the Watch Commander determines an adjustment is warranted but does not have sufficient manpower, he is authorized to bring in a replacement (on O/T) for up to four hours. Shift adjustments will not be limited by day or time except as articulated above. It is noted that either party may reopen these issues at the time of contract renewal. 9.4 COMPENSATION A. Overtime hours shall, at the employee's option, be compensated in cash at time and one half the employee's regular rate of pay or in time off compensated at time and one half. However, no employee shall accumulate and have current credit for more that 80 hours of compensatory time off. 9.5 GUARANTEED MINIMUMS FOR RETURNING TO WORK Whenever an employee is required by the department to return to work outside of the employee's normal work hours, if a minimum applies as found in this article, then the employee has the choice of taking the minimum or taking the pay for the work actually performed. 16 9.6 CALL BACK Employees called back to work at hours not contiguous to their normally scheduled shift shall be guaranteed three-hour minimum payment at time and one half. Unanticipated emergency call-backs (criminal investigations, emergency evacuations, natural disasters, civil unrest, SWAT, etc.) will include a total 30 minutes for travel time. 9.7 COURT TIME A. Employees reporting for court duty shall be guaranteed three hours minimum payment at time and one-half. B. Employees required to work through the lunch break while on court duty shall be credited with time worked. C. Two or more court cases occurring within the minimum time period shall be subject to a single minimum payment. D. Employees placed on standby in anticipation of reporting for court time shall be compensated one-hour’s pay for each five hours standby. Such employees shall be paid a minimum of three hours straight time when on standby. Each calendar day starts a new standby period. E. Standby is that circumstance which requires an employee assigned by the department to: 1) be ready to respond immediately to a call for service; 2) be readily available at all hours by telephone or other agreed upon communication equipment; and 3) refrain from activities which might impair his/her assigned duties upon call. The parties agree that employees on standby, as defined above, are "waiting to be engaged." 17 9.8 ROLL CALL BRIEFING Employees who are required to attend roll call briefing, and do, shall be paid for such attendance. Payment shall be considered overtime and paid as such if the hours fall within the definition of overtime. 9.9 TRAINING A. Effective the first full pay period following ratification employees called back for training sessions, authorized by the Police Chief or designee, shall be guaranteed two-hour minimum payment at time and one half. B. The City shall provide each employee with paid independent living hotel/motel accommodation when assigned to a POST reimbursable training course or City required training course requiring overnight stay. Daily meal reimbursement provided shall either be a flat $36 per day or the actual amount spent as evidenced by receipts subject to the following maximum amounts (unless increased by City Policy). ƒ Breakfast - $10.00 (regardless of whether or not a continental breakfast is provided) ƒ Lunch - $15.00 ƒ Commuter Lunch - $8.00 ƒ Dinner - $25.00 ƒ Mileage at the prescribed IRS mileage reimbursement rate. 9.10 RANGE QUALIFICATION A. Effective the first full pay period following ratification sworn personnel shall be guaranteed two hours at time and one half when participating in range qualification training when off duty. B. Each sworn employee who shoots for qualification shall be provided 100 rounds of practice ammunition each month upon request. 18 OVERTIME – COMMUNICATIONS SUPERVISORS 9.11 DEFINITION Overtime is defined as all hours worked in excess of 40 hours worked in a workweek. Vacation, holidays, sick leave, IOD and compensatory time off shall be considered hours worked when computing overtime. 9.12 ELIGIBILITY Communication Supervisors shall be eligible for overtime pay. 9.13 COMPENSATION Overtime shall be compensated in cash at time and one half the employee’s regular rate of pay or in time off compensated at time and one half. 9.14 GUARANTEED MINIMUMS FOR RETURNING TO WORK Whenever an employee is required by the department to work outside of the employee’s normal work hours, if a minimum applies as found in this article, then the employee has the choice of taking the minimum or taking the pay for the work actually performed. 9.15 CALL BACK Employees called back to work at hours not contiguous to their normally scheduled shift shall be guaranteed a three-hour minimum payment at time and one half. Unanticipated emergency call-backs (criminal investigations, emergency evacuations, natural disasters, civil unrest, SWAT, etc.) will include a total 30 minutes for travel time. 9.16 COURT TIME A. Employees reporting for court duty shall be guaranteed three hours minimum 19 payment at time and one-half. B. Employees required to work through the lunch break while on court duty shall be credited with time worked. Duty free lunch periods shall not be compensable, to a maximum of thirty (30) minutes. C. Two or more court cases occurring within the minimum time period shall be subject to a single minimum payment. D. Employees placed on standby as required to fulfill court requirements shall be compensated one-hour’s pay for each five hours standby. Such employees shall be paid a minimum of three hours straight time when on standby. Each calendar day starts a new standby period. E. Standby is that circumstance which requires an employee assigned by the department to: 1) be ready to respond immediately to a call for service; 2) be readily available at all hours by telephone or other agreed upon communication equipment; and 3) refrain from activities which might impair his/her assigned duties upon call. The parties agree that employees on standby, as defined above, are "waiting to be engaged." 9.17 ROLL CALL BRIEFING Employees who are required to attend roll call briefing and do, shall be paid for such attendance. Payment shall be considered overtime and paid as such if the hours fall within the definition of overtime. 9.18 TRAINING A. Effective the first full pay period following ratification employees called back for training sessions, authorized by the Police Chief or designee, shall be guaranteed two-hour minimum payment at time and one-half. 20 B. The City shall provide each employee with paid independent living hotel/motel accommodation when assigned to a POST reimbursable training course or City required training course requiring overnight stay. Daily meal reimbursement provided shall either be a flat $36 per day or the actual amount spent as evidenced by receipts subject to the following maximum amounts (unless increased by City Policy). ƒ Breakfast - $10.00 (regardless of whether or not a continental breakfast is provided) ƒ Lunch - $15.00 ƒ Commuter Lunch - $8.00 ƒ Dinner - $25.00 ƒ Mileage at the prescribed IRS mileage reimbursement rate. 21 ARTICLE 10 PAYDAY Paychecks will be disbursed on a bi-weekly schedule. Payday will be every other Thursday. This disbursement schedule is predicated upon normal working conditions and is subject to adjustment for cause beyond the City's control. 22 ARTICLE 11 GENERAL PROVISIONS 11.1 MANAGEMENT BENEFIT: Employees in this bargaining unit shall receive $25,000 term life insurance, paid by the City, for recognition of their management responsibilities. Non-sworn employees shall continue to be covered under the City’s long-term disability insurance plan. 11.2 WORKING CONDITIONS: An officer's place of residence shall be within a one hour driving radius from the San Luis Obispo Police Department. 23 ARTICLE 12 HEALTH CARE INSURANCE 12.1 CONTRIBUTION City agrees to contribute the monthly amounts set forth below for Cafeteria Plan benefits for each regular, full-time employee covered by this Agreement. Less than full-time employees shall receive a prorated share of the City’s contribution. Employee $415.00 Employees Plus One $754.00 Family $995.00 The Cafeteria Plan amount is inclusive of mandatory dental and vision coverage. Employees shall be eligible for the City contributions set forth above based on the number of dependents they enroll in the PERS Health Benefit Program. Employees opting out of health coverage as provided for below shall receive payment at the employee only level. 12.2 INSURANCE COVERAGE PERS Health Benefit Program The City has elected to participate in the PERS Health Benefit Program with the "unequal contribution option" at the PERS minimum contribution rate, currently $64.60 per month for active employees and $16.26 per month for retirees. The City's contribution toward retirees shall be increased by 5% per year of the City's contribution for the active employees until such time as the contributions for employees and retirees are equal. The City's contribution will come out of that amount the City currently contributes to employees as part of the Cafeteria Plan. The 24 cost of the City's participation in PERS will not require the City to expend additional funds toward health insurance beyond what is already provided for above in Section 12.1. In summary, this cost and any increases will be borne by the employees. 12.3 Health Insurance Coverage Optional Participation Employees with proof of medical insurance elsewhere are not required to participate in the PERS Health Benefit Program and may receive the unused portion of the City's contribution (after dental and vision is deducted) in cash in accordance with the City's Cafeteria Plan. Those employees will also be assessed $16.00 per month to be placed in the Retiree Health Insurance Account. This account will be used to fund the 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. 12.4 Dental and Vision Insurance/Dependent Coverage Employees will be required to participate in the City's dental and vision plans at the employee only rate. Should they elect to cover dependents in the City's dental and vision plans, they may do so, even if they do not have dependent coverage under PERS. 12.5 Life Insurance Employees in the Police Staff Officers Unit shall have life insurance coverage of Twenty Thousand Dollars ($20,000) paid by the employees through the Cafeteria 25 Plan. 12.6 Medical Plan Review Committee The Association shall appoint one voting representative 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. A. Duties and Obligations of the Medical Plan Review Committee 1. Review and suggest changes for the City's flexible benefits plan and the insurance plans offered under the MOA. 2. 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. 3. Disseminate information and educate employees about the City's flexible benefits plan and the insurance plans offered under the MOA. 4. Participate in other related assignments requested by the City and its employee associations. B. Miscellaneous 1. The actions of the Medical Plan Review Committee shall not preclude the Association and the City from meeting and conferring. 2. 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. 3. If changes to the City's flexible benefits plan are subject to meet and confer requirements, the City and the Association agree to meet and 26 confer in good faith. 4. 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. C. City agrees to continue its contribution to the Cafeteria Plan for two 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 the regular City health benefit contribution for the first two pay periods following the pay period in which the employee's accrued vacation and sick leave balances reach zero. 27 ARTICLE 13 RETIREMENT 13.1 The City agrees to provide the Public Employees' Retirement System's (PERS) 3% at age 50 plan to all sworn personnel and 2.7% at age 55 for all non-sworn personnel. The 3% at age 50 plan includes the following amendments: Post- Retirement Survivor Allowance, the 1959 Survivor's Benefit - Level Four, military service credit, one-year final compensation, conversion of unused sick leave credit to additional retirement credit, and Pre-Retirement Optional Settlement 2 Death Benefit. The 2.7% at 55 plan has the following amendments: 1959 Survivor's Benefit - Level Four, one-year final compensation, military service credit, conversion of unused sick leave credit to additional retirement credit, and Pre-Retirement Optional Settlement 2 Death Benefit. 13.2 The City has discontinued paying the sworn employees' share of the PERS Contribution (9%) and the non-sworn employees’ share of the PERS Contribution (8%). The 9% for sworn or the 8% for non-sworn is included to the base salary schedule, and reported as compensation to PERS. The employee will pay directly to PERS their contribution amount on a pre-tax basis pursuant to Section 414 (h) (2) of the Internal Revenue Code (IRC). 13.3 The employee will be responsible for any and all tax liability incurred should the IRC provision become invalid. 28 ARTICLE 14 UNIFORM ALLOWANCE 14.1 Each employee required to wear a uniform shall receive an annual uniform allowance as provided below and is expected to purchase and maintain in good repair all required uniform pieces. 14.2 The uniform allowance shall be $900 per year, with $450 issued to the employee with the first payroll period in June and $450 issued to the employee with the first payroll period in December. New hires will receive a prorated amount. 14.3 All represented employees shall be eligible for uniform allowance without regard to duty status interruption if in paid status, including 4850 Pay. Uniform allowance shall be reported to CalPERS as special compensation. Uniform allowance will not be pro- rated upon separation from employment. 29 ARTICLE 15 HOLIDAYS 15.1 The following days of each year are designated as paid holidays: January 1 - New Year's Day Third Monday in January - Martin Luther King's Birthday Third Monday in February - Presidents’ Day Last Monday in May - Memorial Day July 4 - Independence Day First Monday in September - Labor Day September 9 – California Admission Day Second Monday in October – Columbus Day November 11 - Veteran's Day Fourth Thursday in November - Thanksgiving Day Friday after Thanksgiving One-half day before Christmas Day December 25 - Christmas One-half day before New Year's Day 15.2 Each employee in this unit shall earn 4.33 hours of holiday leave semi-monthly, in lieu of fixed holidays. Such employees shall receive payment at straight time hourly rate for a portion of their earned holiday leave (2.16 hours) each semi-monthly payroll period. 15.3 The remainder of the employee’s annual holiday leave (52 hours) shall be advanced to the employee effective the first payroll period in January of each year. Such holiday leave may be taken off by the employee with the approval of the Police Chief or his/her designee. 15.4 Each calendar quarter, an employee has the option of receiving payment for one- fourth (1/4) of his/her advanced holiday leave. The combination of holiday leave taken off and payment of advanced holiday time, may not exceed 52 hours. Any holiday leave remaining as of the last payroll period in December of each year will be 30 paid to the employee at the straight time rate. If an employee terminates for any reason, having taken off hours in excess of his/her prorated share, the value of the overage will be deducted from the employee’s final paycheck. 31 ARTICLE 16 VACATION LEAVE 16.1 Each incumbent of a 40 hour week line-item position shall accrue vacation leave with pay at the rate of 96 hours per year of continuous service since the benefit date for the first five years, 120 hours per year upon completion of five years, 144 hours per year upon completion of ten years, and 160 hours upon completion of twenty years. Employees scheduled for more than 40 hours a week shall receive the equivalent number of vacation days pro-rated to the number of regularly scheduled work hours. 16.2 An incumbent is not eligible to use vacation leave until accrued. 16.3 A regular employee who leaves the City service shall receive payment for any unused vacation leave. 16.4 Vacation schedules must be reviewed by the Chief or his/her designee 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. The department 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. However, in no event shall more than one such extension be granted in any calendar year. 16.5 Any employee who is on approved vacation leave and becomes eligible for sick leave as defined in Section 2.36.420A of the Personnel Rules & Regulations may have such time credited as sick leave under the following conditions. A. A physician's statement certifying that illness, injury or exposure to contagious disease has occurred is presented to the supervisor upon returning to work. 32 B. The vacation leave immediately ends and the employee reports to work following the end of sick leave usage. 16.6 Vacation leave shall be accrued as earned each payroll period, provided that not more than twice the annual rate may be carried over to a new calendar year. It shall be the responsibility of the employee to plan vacations and receive departmental approval in a timely manner. 16.7 All employees in this unit are eligible once annually in December, to request payment for up to 40 hours of unused vacation leave provided that an employee's overall performance and attendance practices are satisfactory. 33 ARTICLE 17 ADMINISTRATIVE LEAVE 17.1 The Administrative Sergeant, Lieutenants, Captains, Police Records Supervisor and Communications and Records Manager are exempt from paid overtime except as specifically authorized by the Police Chief due to extraordinary circumstances. In general, management employees are expected to work the hours necessary to successfully carry out their duties and frequently must return to work or attend meetings and events outside their normal working hours. 17.2 In recognition of these requirements and the 24-hour staffing requirements of Police Departments, all members of this unit who are designated as exempt in Section 17.1 above shall be afforded flexibility in managing their work load and time and are eligible to take a maximum of 64 hours per calendar year of Administrative Leave. Such leave may be taken at any time during the year. However, in cases where an individual is not actively employed in an exempt position with the city during the full year such leave shall be prorated or if the yearly amount earned is changed during the year the amounts shall be prorated. For purposes of computing monthly amounts the rate of 5.33 hours per month may be used. 17.3 Exempt employees understand that the nature of their jobs require that they will work additional hours outside of their regularly scheduled shifts for such activities as occasional meetings, paybacks, briefings, shift preparation, etc. Subject to the approval of the Bureau Commander, exempt employees may shift adjust for such things as court, administrative assignments, filling shift vacancies, lengthy or frequent meetings, training, etc. 34 35 ARTICLE 18 SICK LEAVE 18.1 Accumulation of sick leave days shall be unlimited. 18.2 Upon termination of employment by death or retirement, a percentage of the dollar value of the employee's accumulated sick leave will be paid to the employee, or the designated beneficiary or beneficiaries according to the following schedule: A. Death - 25% B. Retirement and actual commencement of PERS benefits: 1. After twenty years of continuous employment - 20% 2. After twenty-five years of continuous employment – 25% 3. After thirty years of continuous employment – 30% 36 ARTICLE 19 FAMILY LEAVE 19.1 An employee may take up to 16 hours of sick leave per year if required to be away from the job to personally care for a member of his/her immediate family. 19.2 An employee may take up to 40 hours of sick leave per year if the family member is part of the employee's household. 19.3 An employee may take up to 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. 19.4 For purposes of this article, immediate family is defined as spouse/registered domestic partner, child, brother, sister, parent, parent-in-law, step-parent, step- brother, step-sister, grandparent, or any other relative living in the same house hold. 19.5 The amounts shown in 19.1, 19.2 and 19.3 above are annual maximums, not maximums per qualifying family member. 19.6 If the family member is a child, parent or spouse/registered domestic partner, an employee may use up to 48 hours annually to attend to the illness of the child, parent or spouse, instead of the annual maximums in paragraphs 19.1 and 19.2, in accordance with Labor Code Section 233. 19.7 In conjunction with existing leave benefits, unit employees with one year of City service who have worked at least 1280 hours in the last year, may be eligible for up to 12 weeks of Family/Medical Leave within any 12 month period. Family/Medical Leave can be used for: A. A new child through birth, adoption or foster care (maternal or paternal leave). 37 B. A seriously ill child, spouse or parent who requires hospitalization or continuing treatment by a physician. C. Placement of an employee's child for adoption or foster care. D. A serious health condition which makes the employee unable to perform the functions of his or her position. 19.8 This leave shall be in addition to leave available to employees under the existing four month Pregnancy-Disability Leave provided by California law. Paid leave, if used for family leave purposes or personnel illness will be subtracted from the 12 weeks allowed by the Family/Medical Leave Program. Employees must use all available vacation, compensatory time off and administrative leave and, if appropriate, sick leave prior to receiving unpaid Family/Medical Leave. 19.9 Employees on Family/Medical Leave will continue to receive the City's contribution toward the cost of health insurance premiums. However, employees who receive cash back under the City's Flexible Benefit Plan will not receive that cash during the Family/Medical Leave. Only City group health insurance premiums will be paid by the City. 19.10 If an employee does not return to work following 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. A. The continuation of a serious health condition of the employee or a covered family member prevents the return. B. Circumstances beyond the employee's control. Further details on Family/Medical Leaves, are available through the City's "Guide to Family/Medical Leave Program". 38 ARTICLE 20 BEREAVEMENT LEAVE At each employee's option, sick leave may be used to be absent from duty due to the death of a member of the employee's immediate family, meaning spouse, child, brother, sister, parent, parent-in-law, step-parent, step-brother, step-sister, grandparent, or any other relative living in the same household, provided such leave as defined in this Article shall not exceed 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. 39 ARTICLE 21 CATASTROPHIC LEAVE 21.1 Upon request of an employee and upon approval of the Chief of Police, leave credits (vacation, compensatory time off, or holiday time) may be transferred from one or more employees (donors) to another employee (recipient). The recipient may participate in the program under the six following conditions: A. The recipient is a regular employee. B. The recipient has sustained a life threatening or debilitating illness, injury or condition (The Chief may require that the condition be confirmed by a doctor's report.); or, C. A member of the recipient's immediate family, as defined in Article 23, has sustained a life threatening or debilitating illness, injury or condition (The Chief may require that the condition be confirmed by a doctor's report.). D. The recipient has exhausted all paid leave; or, in the case of illness of or injury to a recipient's immediate family member, all allowed leave. E. The recipient must be prevented from returning to work for at least 30 days and have applied for a leave of absence without pay for medical reasons. This condition does not apply when the illness or injury involves a member of the recipient's immediate family, rather than the recipient. F. The request for participation in the program shall be made on an Application for Catastrophic Leave Program form. 21.2 Transferring Time The following rules apply when donations of time occur: 40 A. Vacation, compensatory time off, and holiday leave may be transferred by regular employees. B. The time will be converted from the type of leave given (i.e. vacation, holiday, etc.) to sick leave or family care leave, whichever is appropriate, and credited to the recipient's leave time balance on an hour-for-hour basis and shall be paid at the rate of pay of the receiving employee. C. The donations must be a minimum of four hours and, thereafter, in whole hour increments. D. The total leave credits received by the employee shall normally not exceed three months; however, if approved by the Chief, the total leave credits received may be up to a maximum of six months. E. Recipients of family care leave will be allowed to use all hours received, up to the limits of this policy (see D. above), even though such use exceeds the limits for family care leave found in Article 23. F. Donations approved shall be made on a Donation of Time Credits form signed by the donating employee. These donations are irrevocable under any conditions. 21.3 Appeal Rights If an employee is denied participation in the program by the Chief, he/she may appeal this initial decision jointly to the Director of Human Resources. 41 ARTICLE 22 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 law during the first 90 business days of such disability absence. 42 ARTICLE 23 JURY DUTY AND MILITARY LEAVES 23.1 JURY DUTY Any regular or probationary City employee, when duly called to serve on any jury, and when not excluded there from, or when subpoenaed to appear as a witness at any trial, shall be compensated for the time required to be spent under the jurisdiction of the court by an amount equal to the difference between the pay he/she received as a juror and his/her regular daily rate received from the City. The difference between the time required to be spent on jury duty and the normal workday of the employee shall be spent performing the employee’s regular job assignments unless the department head, upon approval of the Director of Human Resources, determines this not to be practical. 23.2 MILITARY LEAVE Any line-item employee shall receive normal salary and fringe benefits during the first thirty days of any period of temporary military leave. Such compensation shall not exceed thirty calendar days in any one fiscal year. Any temporary military leave in excess of thirty days in one fiscal year shall be taken as vacation leave or leave of absence without pay. 43 ARTICLE 24 GRIEVANCE PROCEDURE 21.1 A grievance is defined as an alleged violation, misinterpretation or misapplication of the personnel rules and regulations or of any Memorandum of Agreement, excluding disciplinary matters, or any existing written policy or procedure relating to wages, hours or other terms and conditions of employment excluding disciplinary matters. 21.2 Each grievance shall be handled in the following manner: A. The employee who is dissatisfied with the response of the immediate supervisor shall discuss the grievance with the supervisor's immediate superior. The employee shall have the right to choose a representative to accompany him/her at each step of the process. If the matter can be resolved at that level to the satisfaction of the employee, the grievance shall be considered terminated. B. If still dissatisfied, the employee may immediately submit the grievance in writing to the Police Chief 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 15 business days of the occurrence of the grievance. The Police Chief shall promptly consider the grievance and render a decision in writing within 15 business days of receiving the written grievance. If the employee accepts the Police Chief's decision, the grievance shall be considered terminated. C. If the employee is dissatisfied with the Police Chief's decision, the employee may immediately submit the grievance in writing to the Human Resources Director within five business days of receiving the Police Chief's decision. The 44 Human Resources Director shall confer with the employee and the Police Chief and any other interested parties, and shall conduct such other investigations as may be advisable. D. The results or findings of such conferences and investigations shall be submitted to the City Administrative Officer in writing within fifteen (15) business days of receiving the employee's written request. The City Administrative Officer will meet with the employee if the employee so desires before rendering a decision with respect to the complaint. The City Administrative Officer's decision shall be in writing and given to the employee within 15 business days of receiving the Human Resources Director's results and findings. Such decision shall be final unless the employee desires the Personnel Board to review the decision. If such is the case, the employee will have five business days following receipt of the City Administrative Officer's decision to submit a written request to the Personnel Board through the Human Resources Director for a review of the decision. The Personnel Board within 30 business days shall review the record and either (1) issue an advisory opinion to the City Administrative Officer; or (2) conduct a hearing on the matter. If a hearing is held, an advisory opinion shall be rendered by the Board within 10 business days of the close of such hearing. If an opinion signed by at least three (3) members of the Personnel Board recommends overruling or modifying the City Administrative Officer's decision, the City Administrative Officer shall comply or appeal this recommendation to the City Council. Such appeal shall be filed with the City Clerk within three 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 15 business days of submittal. 45 ARTICLE 25 DISCIPLINARY ACTION Except in regards to disciplinary suspensions of less than one work week, the standards for the discipline of exempt employees shall generally be consistent with the standards for discipline of non-exempt employees. Thus, such exempt employees may be subject to termination, demotion or reduction in compensation for any of the reasons set forth in Section 2.36.320 of the Personnel Rules and Regulations. In conformity with the Fair Labor Standards Act, a disciplinary suspension of less than one week may be imposed only for a violation of city safety rules of major significance. Minor violations of rules and regulations may result in lesser disciplinary actions, such as oral or written reprimands, counseling, or special training, etc. 46 ARTICLE 26 IMPASSE PROCEDURE 26.1 MEDIATION A. Mediation may be requested only after the possibility of settlement by direct discussion (meet and confer) has been exhausted. Mediation may be requested by scheduling a meeting with the Employee Relations Officer (CAO). 1. The Employee Relations Officer shall convene a meeting between the chief negotiator for the Association, one other representative of the Association, the Employee Relations Officer and one other representative of the City: a. To review the position of the parties in a final effort to reach agreement or reduce the points of disagreement; and b. If agreement is not reached, to make arrangements for mediation. B. Following the meeting with the Employee Relations Officer, only the disputed issues shall be submitted to mediation. The mediator shall be selected from the State Mediation and Conciliation Service by mutual consent. All mediation proceedings shall be private and confidential and the mediator shall make no public recommendation nor take any public position at any time concerning the issue. Any fees or expenses of mediation shall be shared equally by the City and the Association. C. Mediation shall be terminated if agreement has not been reached in 30 days unless extended by mutual agreement. 26.2 FACT-FINDING A. If mediation fails to resolve all issues, the unresolved issues shall be referred to 47 "fact-finding." The fact-finder shall be selected by mutual consent. B. The City and the Association shall submit its position on each unresolved issue and its last offer of settlement to the fact-finder. After due consideration, the fact-finder shall recommend on each issue using factors traditionally taken into consideration in determination of wages, hours and other terms and conditions of employment in the public sector. C. Within 10 days of commencing fact-finding, recommendations of the fact- finder shall be reported in writing at a meeting of representatives of the City and the Association. Each party shall accept, reject or propose alternatives to the fact-finder's recommendations. Any recommendations or alternatives not accepted by both parties within 15 days of receiving the fact-finder's recommendations will be presented to the City Council. D. After a hearing where the chief negotiator for the Association, one other representative of the Association, the Employee Relations Officer and one other representative of the City have presented their position on the fact- finder's recommendations, the City Council may accept or reject any recommendation. All proceedings and recommendations of fact-finding shall be private and confidential. Any fees or expenses shall be equally shared by the City and the Association. 48 ARTICLE 27 SWAT SERGEANTS AND LIEUTENANTS SWAT team members are required to maintain a higher standard of physical fitness than the normal employee. The City will reimburse each SWAT team member who voluntarily joins a physical fitness gym for the cost of the membership and monthly charges up to a maximum yearly rate of $375.00 per member. At the City’s request each member requesting reimbursement may be required to provide proof of membership and active participation. 49 ARTICLE 28 REOPENERS 28.1 Effective July, 2006, the City and Association agree to meet and confer on a modification to the health insurance contribution in Section 12.1. 50 ARTICLE 29 FULL AGREEMENT It is understood this Agreement represents a complete and final understanding on all negotiable issues between the City and the Association. This Agreement supersedes all previous Memoranda of Understanding or Memoranda of Agreement between the City and the Association except as specifically referred to in this Agreement. In the event any new practice or subject matter arises during the term of this Agreement and an action is proposed by the City, the Association will be afforded notice and shall have the right to meet and confer upon request. 51 ARTICLE 30 SAVINGS CLAUSE If any provisions 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 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. 52 ARTICLE 31 TERM OF AGREEMENT This Agreement shall become effective as of July 1, 2004, 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, 2007. 53 ARTICLE 32 AUTHORIZED AGENTS For the purpose of administering the terms and provisions of the Agreement: A. The Association's principal authorized agent shall be the President (address: 1042 Walnut Street, San Luis Obispo, California 93401; telephone: (805) 781-7313). B. Management's principal authorized agent shall be the Human Resources Director or his/her duly authorized representative (address: 990 Palm Street, San Luis Obispo, California 93401; telephone: (805) 781-7252). 54 EXHIBIT A R 9518 ADDENDUM #3 TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION 17.1 CONTRIBUTION a ARTICLE 17 HEALTH CARE INSURANCE City shall contribute the monthly amounts as set forth below for Cafeteria Plan benefits for each regular, full time employee covered by. this agreement. Less than full -time employees shall receive a prorated share of the City's contribution. This contribution will be effective in December 2002 for insurance covering the month of January 2003. Employee W2.00 Employees Plus One $Gti3.0o Family $885.00 Effective in December, 2003 for insurance covering the month of January, 2004, the contributions will be as follows: Employee $4I5A0 Employee Plus One $754.00 Family $995.00 The Cafeteria Plan amount is inclusive of mandatory dental and vision coverage. Employees shall be eligible for the City contributions set forth above based on the number of dependents they enroll in the PERS Health Benefit Program. Employees opting out of health coverage as provided for below, shall also receive payment at the employee only level. A. PERS Health Benefit ProjoaM J The City has elected to participate in the PERS Health Benefit Program with the "unequal contribution option" at the PERS minimum contribution rates, currently $16 per month for active employees and S9.00 for retirees. Effective January, 2004, the S16 minimum contribution will increase to $32.20. The City's contribution toward retirees shall be increased by 5% per year of the City's contribution for the active employees until such time as the contributions for employees and retirees are equal. The City's contribution will come out of that amount the City currently contributes to employees as part of the Cafeteria Plan. The cost of the City's participation in PERS will not require the City to expend additional funds toward health insurance beyond what is already provided_. In summary, this post and any increases will be borne by the employees. B. Health Insurance Coverage Qptional Parliditiation Employees with proof of medical insurance elsewhere are not required to participate in the PERS Health Benefit Program and may receive the unused portion of the City's contribution (after dental and vision insurance is deducted) in cash.in accordance with the City's Cafeteria Plan. Those employees will also be assessed $16.00.per moat$ to be placed in the Rettrec 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 C. Dental and Vision Insurance/Dependent Coverage Employees will be required to participate in the City's dental and vision plans at the employee only rate. Should they elect to cover dependents in the City's dental and vision plans, they may do so, even if they do not. have dependent coverage under PERS. D. Lone Term Disability InsuranggLTD) Sworn employees are covered for Long Term Disability Insurance through the . Association and are responsible for premium payments. Non -sworn employees continue to be covered under the City's Long Term Disability Insurance. Program. 17.3 FLEXIBLE BENEFITS PLAN The 1988 -1993 addendum outlining the flexible benefits plan is incorporated herein as Appendix E. The non - reimbursed maximum medical cost will be $3,000 per calendar year. 17.4 REPRESENTATION ON A MEDICAL PLAN REVIEW COMMI I EE The Association shall appoint one voting representative 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. A. Duties and Obligations of the Medical Plan Review Committee The duties and obligations of the Medical Plan Review Committee shall be to: 1. Review and suggest changes for the City's flexible benefits plan and the insurance plan offered under the MOA. 2. Submit to.-the City and its employee associations recommendations on proposed changes for the City's flexible benefits plan and. the insuiancc plans offered under the MOA. 3. Disseminate information and educate employees about the City's flexible benefits plan and the insurance plans offered under the MOA. 4. Participate in other related . assignments requested by the City and its employee associations. B. Miscellaneous 1. The actions of the Medical Plan Review Committee shall not preclude the Association and the City from meeting and conferring. 2. 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 the Association. 3. If changes to the City's flexible benefits plan are subject to meet and confer requirements, the City and the Association agree to meet and confer in good faith. 4. 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. 42.1 HEALTIi INSURANCE FOR UNIT MEMBER SURVIVORS The City shall maintain and pay for the existing level of benefits for one (1) year for the surviving family of a unit member who dies while in the line of duty. FO THE OF A LUIS OBISPO FOR THE POLICE OFFICERS ASSOCIATION William-Avery Dale Strolridge Dated 17,1to 6 OKI Dated_ B. Miscellaneous 1. The actions- of the Medical Plan Review Committee shall not preclude the Association and the City from meeting and conferring. 2. 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 the Association. 3. If changes to the City's flexible benefits plan are subject to meet and confer requirements, the City and the Association agree to meet and confer in good faith. 4. 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. 42.1 HEALTH INSURANCE FOR UNIT MEMBER SURVIVORS The City shall maintain and pay for the existing level of benefits for one (1) year for the surviving family of a unit member who dies while in the line of duty. THE CITY OF LUIS OBISPO U Dated (o 6 FOR THE POLICE OFFICERS ASSOCIATION Dale Strobridge Dated 1d� "08 _ 4gp '� RESOLUTION NO. 9517 (2004 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE PROJECT KNOWN AS AHEARN PROPERTY ACQUISITION WHEREAS, the Legislature of the State of California has enacted AB 147 (Chapter 106 of the Statutes of 1989), which is intended to provide $10 million annually for grant funds to local, State, and Federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities; and WHEREAS, the Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected; and WHEREAS, said procedures and criteria established_ by the Resources Agency require a resolution certifying the approval of application by the applicant's governing body before submission of said application to the State; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California for acquisition or development of the project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Authorizes the filing of an application for the Environmental Enhancement and Mitigation Program for grant assistance for the above project; and 2. Certifies that said applicant will make adequate provision for operation and maintenance of the project; and 3. Appoints the City Administrative Officer as agent of the City to conduct all negotiations, execute and submit all documents,. including, but, not limited to, applications; agreements, amendments, payment requests and so on, which_ may be necessary for the completion of the aforementioned project. R. 9517 Resolution No. 9517 (2004 Series) Page 2 On motion of Council Member Ewan, seconded by Council Member Settle and on the following roll call vote: AYES; Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 6a' day of January 2004. Lee Price, C,.M.C: , , City Clerk. . APPROVED AS TO FORM: (i�adhan"P. Lowell City Attorney Mayor David F. Romero �� eq o