HomeMy WebLinkAboutRES-97-5883 (MOU/TEAMSTERS 911-97)1
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RESOLUTION NO. 97-5883
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, TO ADOPT MEMORANDA OF UNDERSTANDING WITH THE
CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES
UNION, LOCAL 911, GENERAL AND SUPERVISORY EMPLOYEES' BARGAINING
UNIT.
WHEREAS, employees of the City of Hermosa Beach, California represented by the
California Teamsters Public, Professional and Medical Employees' Union, Local 911, have elected
I to meet and confer wit the City of Hermosa Beach on matters concerning wages, hours, and
I working conditions; and,
WHEREAS, the above personnel have selected certain individuals to represent them; and,
WHEREAS, Employee and Management representatives have jointly negotiated
Memoranda of Understanding which have been ratified by a majority vote of the members of the
General and Supervisory Employees' Bargaining Unit; and,
WHEREAS, the Employee and Management representatives have mutually agreed to
recommend that the City Council adopt these Memoranda of Understanding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH RESOLVES to enter into Memoranda of Understanding to be effective for the period
July 1, 1997, through and including June 30, 2000.
BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage and
adoption of this resolution; shall cause the same to be entered among the original resolutions of
said City; and shall make a minute of the passage and adoption thereof in the records of the
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proceedings of the City Council of said City in the minutes of the meeting at which time same is
passed and adopted.
PASSED, APPROVED and ADOPTED this 16th day of October, 1997.
PRESIDENT of flie ity Council and54AYOR of the City of Hermosa Beach, California
ATTEST: APPROVED AS TO FORM:
%-ILY %,iv,a
City Attorney
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Naoma Valdes, Deputy City Clerk of the City Council of the
City of Hermosa Beach, California, do hereby certify that the foregoing
Resolution No. 97-5883 was duly and regularly passed, approved and adopted
by the City Council of the City of Hermosa Beach at an Adjourned Regular
Meeting of said Council at the regular place thereof on October 16, 1997.
The vote was as follows:
AYES:
Benz, Bowler, Edgerton, Oakes, Mayor Reviczky
NOES:
None
ABSTAIN:
None
ABSENT:
None
DATED: October 20, 1997
Deputy City Clerk
JULY 1, 1997 - JUNE 30, 2000
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF HERMOSA BEACH
AND
CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL
AND MEDICAL EMPLOYEES' UNION, LOCAL 911
A FORMAL MEMORANDUM OF UNDERSTANDING SETTING FORTH THE HOURS,
WAGES, AND WORKING CONDITIONS FOR EMPLOYEES REPRESENTED BY THE
CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES'
UNION, LOCAL 911
GENERAL & SUPERVISORY EMPLOYEES' BARGAINING UNIT
MEMORANDUM OF UNDERSTANDING
FOR THE
CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL
AND MEDICAL EMPLOYEES UNION, LOCAL 911
GENERAL AND SUPERVISORY EMPLOYEES' BARGAINING UNIT
ARTICLE 1 - PARTIES TO MEMORANDUM
This Memorandum of Understanding, hereinafter referred to as the "MOU" or the
"Agreement", has been entered into, pursuant to the laws of the State of California and the
City of Hermosa Beach, California, by and between the CITY OF HERMOSA BEACH,
hereinafter referred to as the "City" or as "Management", and the CALIFORNIA
TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL
911, hereinafter referred to as the "Union".
ARTICLE 2 - RECOGNITION
The City recognizes the Union as the exclusive bargaining representative for all employees
who are or become employed in those job classifications contained on Exhibit "All", which is
attached hereto and made a part of this Agreement. The parties recognize that this
Agreement contains wages, benefits and working conditions that pertain only to members
of the Union.
ARTICLE 3 - MUTUAL RECOMMENDATION
This Agreement constitutes a mutual recommendation by the parties to the City Council.
This Agreement shall become effective upon approval by the City Council of the City.
ARTICLE 4 - SCOPE OF REPRESENTATION
The scope of representation of the Union shall include all matters relating to employment
conditions and employer -employee relations including wages, hours and other terms and
conditions of employment.
ARTICLE 5 - FULL UNDERSTANDING, MODIFICATION, WAIVER
A. It is intended that this agreement sets forth the full and entire understanding of the
parties regarding the matters set forth herein, and any other prior or existing understanding
or agreements by the parties whether formal or informal, regarding any such matters are
hereby superseded or terminated in their entirety.
B. Except as specifically provided herein, it is agreed and understood that each party
hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be
required to negotiate with respect to any subject or matter covered herein during the term of
this agreement.
C. Any agreement, alteration, understanding, variation, waiver, or modification of any of
the terms or provisions contained herein shall not be binding upon the parties hereto
unless made and executed in writing by all parties hereto, and if required, approved and
implemented by the City Council.
D. The waiver of any breach, term or condition of this agreement by either party shall
not constitute a precedent in the future enforcement of all its terms and provisions.
ARTICLE 6 -,MANAGEMENT RIGHTS
A. It is agreed that during the term of this Agreement herein the exercise of the
following powers, rights, authority, duties and responsibilities by the City, the adoption of
policies, rules, regulations and practices in furtherance thereof, and the use of judgment
and the discretion in connection therewith, shall be limited only by the specific and express
terms of this Memorandum of Understanding, City Personnel Ordinance, Personnel Rules
and Regulations, and other statutory law.
B. Except in emergencies, or where the City is required to make changes in its
operations because of the requirements of law, whenever the exercise of management's
rights shall impact on employees of the bargaining unit, the City agrees to meet and confer
with representatives of the Union, regarding the impact of the exercise of such rights unless
the matter of the exercise of such rights is provided for in this Memorandum of
Understanding.
C. MANAGEMENT RIGHTS
1. Manage the City.
2. Schedule working hours.
3. Establish, modify or change work schedules or standards.
4. Institute changes in procedures.
5. Direct the work force, including the right to hire, promote, demote, transfer,
suspend, discipline or discharge any employee.
6. Determine the location of any new facilities, building, departments, divisions,
or subdivisions thereof, and the relocation, sale, leasing or closing of
facilities, departments, divisions, or subdivisions thereof.
7. Determine services to be rendered.
8. Determine the layout of buildings and equipment and materials to be used
herein.
9. Determine processes, techniques, methods and means of performing
services.
10. Determine the size, character and use of inventories.
11. Determine the financial policy including accounting procedures
12. Determine the administrative organization of the system.
13. Determine selection, promotion, or transfer of employees.
14. Determine the size and characteristics of the work force.
15. Determine the allocation and assignment of work to employees.
16. Determine policy affecting the selection of new employees.
17. Determine the establishment of quality and quantity standards and the
judgment of quality and quantity of work required.
18. Determine administration of discipline.
19. Determine control and use of City property, materials and equipment.
20. Schedule work periods and determine the number and duration of work
periods
21. Establish, modify, eliminate or enforce rules and regulations.
22. Place work with outside firms.
23. Determine the kinds and numbers of personnel necessary.
24. Determine the methods and means by which operations are to be conducted.
25. Require employees, where necessary, to take in-service training courses
during working hours.
26. Determine duties to be included in any job classifications.
27. Determine the necessity of overtime and the amount of overtime required.
28. Take any and all necessary action to carry out the mission of the City in cases
of an emergency.
ARTICLE 7 - NON-DISCRIMINATION
Both parties to this agreement agree not to discriminate against any employee or applicant
because of age, gender, race, national origin, religion, color, ancestry, marital status,
sexual orientation, physical or mental disability, medical condition, and/or Association
membership or activity. Additionally, the City expects and requires all employees to treat
one another with dignity and respect. Harassment of fellow employees is a violation of law.
No employment decision may be made based upon an employee's submission to or
rejection of such conduct. It is the responsibility of any employee who believes that they
are the victim of such harassment, whether sexual, racial, ethnic or religious, to report the
conduct to the supervisor, Department Head, Personnel Director or the City Manager in a
timely manner.
ARTICLE 8 - STEWARDS ADMINISTRATIVE LEAVE
A. The City shall provide a total of one (1) shift per steward per year for use in
attending employer -employee related seminars, conferences, etc., with the concurrence of
the Personnel Department. It is agreed that for the purposes of this section, the maximum
number of stewards who are eligible shall be limited to five (5).
B. The Union will provide the City with a written list of stewards upon request by the
City.
ARTICLE 9 -.PAYROLL DEDUCTION
It is mutually agreed that the City will, during the term of this Agreement, deduct moneys
and remit to the Union as authorized by employee Payroll Deduction Authorization a
deduction for dues, providing there is not more than one deduction per pay period.
ARTICLE 10 - REASONABLE NOTICE
It is mutually understood and agreed that a copy of the City Council and/or Civil Service
Board Agenda for each meeting be mailed (via the United States postal service) to each
authorized representative of the recognized employee organization shall constitute
reasonable written notice, and notice of an opportunity to meet with such agencies, on all
matters within the scope of representation upon which the City Council or Civil Service
Board may act.
ARTICLE 11 -ACCESS TO WORKSTATION
The City agrees to grant official representatives of the Union the access and right to
discuss any grievance or problem arising under the terms of this Agreement with any
employee during working hours. It is agreed that there will be as little interference as
possible by the Union Business Representative or Shop Steward during the working hours
of said employee and efforts will be made to minimize work time spent by either the Shop
Steward or employee. It is agreed that the Chief Shop Steward shall be permitted to
conduct a reasonable amount of Union business regarding grievances/appeals during
working hours (such time to be logged) without loss of pay and that the Union may use City
facilities to conduct meetings when such facilities are available.
ARTICLE 12 - BULLETIN BOARDS
Through a Letter of Agreement, the City and Union agree to specifically prescribe the
location of a reasonable number of bulletin board locations where the recreational, health
and welfare, social affairs, notices of meetings or elections and appointments and results of
elections. The posting of any other classes of notices or the distribution of any written or
printed notices, cards, pamphlets or literature of any kind at City work stations or premises
is prohibited without the prior permission of the City Manager or an authorized
departmental management official.
ARTICLE 13 - SENIORITY
A. Seniority shall be the determining factor in all acting appointments, promotions, and
transfers within the unit. Seniority as herein applied shall be defined as the last date of hire
with the City, and as applied shall consist of the following factors:
1. Qualifications and Ability
2. Physical Fitness
3. Length of Continuous Service
B. When 1 and 2 are relatively equal, length of continuous service shall govern.
C. This principle of seniority shall not apply to any employee with less than one (1) year
of continuous service with the City or with less than six (6) months of service in his most
recent job classification.
D. Seniority shall be terminated by discharge or other termination of employment
(except in cases of layoff).
ARTICLE 14 - HEALTH AND WELFARE
A. The City will have full responsibility for all Health and Welfare programs enacted or
enforced as of July 1, 1997.
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B. Current Health, Dental, Long Term Disability, Vision, Psychological Health, or their
equivalent, to remain in force during the life of this Memorandum. City shall meet and
confer should there be a change in providers or a change in benefit level. The City is
exploring the ability to offer health insurance through P.E.R.S.
C. City shall provide a life insurance policy for each employee, payable in the amount
of $40,000 upon such employee's death.
D. The City will pay for employees' Long Term Disability and Life Insurance, the
employee and one dependent for health insurance and full family coverage for dental and
mental health care. The full cost of the Vision Plan shall be borne by the employee.
E. The City and Union mutually recognize the need to maintain existing cost -
containment measures and to continue to control health insurance costs. Toward that end,
the City and Union agree to establish an "Insurance Review" committee which shall meet
prior to each benefit renewal year to evaluate and recommend renewal coverages.
ARTICLE 15 - GRIEVANCES/APPEAL OF DISCIPLINE
A. Purpose of Grievance/Appeal Procedures:
1. To promote improved employer -employee relations by establishing
procedures on matters.
2. To provide that grievances/appeals shall be settled as near as possible to the
point of origin.
3. To provide that the grievance/appeal procedures shall be as informal as
possible.
B. A "Grievance" shall be defined as a controversy between the City and the Union or
an employee or employees covered by this agreement. Such controversy must pertain to
any of the following:
1. Any matter involving the application of any provision of this agreement; or
2. Any matter involving the violations of any provision or intent of this
agreement; or
3. Any matter that affects the working conditions of the employee or the
application of all rules, regulations, policies and/or laws affecting the
employees covered by this agreement.
C. An Appeal of Discipline is distinct from a Grievance in that it is an action taken by an
employee to request an administrative review of disciplinary action initiated against him or
her.
D. There shall be an earnest effort on the part of both parties to settle
grievances/appeals promptly through the steps listed below. Grievances/appeals must be
processed with Union participation.
E. STEP 1 grievance - An employee's Grievance/Appeal must be submitted in writing
by the employee fully stating the facts surrounding the Grievance/Appeal and detailing the
specific provisions of this agreement alleged to have been violated, and presented to the
first line supervisor or management representative immediately in charge of the
aggrieved/disciplined employee within fifteen (15) calendar days after the employee could
have been reasonably expected to have had knowledge. The supervisor or management
representative shall reply to the employee by the end of the fifteenth (15th) calendar day
following the presentation of the grievance/appeal and the giving of such answer will
terminate Step 1.
F. STEP 2 - If the grievance/appeal is not settled in Step 1, the grievance/appeal will
be presented to the Department Director (or, in the case of an appeal of a disciplinary
action initiated by a Department Director or where the Department Director participated in
the decision to administer discipline, to the Personnel Director) within ten (10) calendar
days after termination of Step 1. Appeals of written reprimands shall be presented to the
Personnel Director. A meeting with the employee, shop steward and Department
Director/Personnel Director (or designee) will be arranged at a mutually agreeable location
and time to review and discuss the grievance/appeal. Such meeting will take place within
ten (10) calendar days from the date the grievance/appeal is received by the Department
Director/Personnel Director (or designee). The Department Director/Personnel Director (or
designee) may invite other members of management to be present at such meeting. The
Department Director/Personnel Director (or designee) will give a written reply by the end of
the seventh (7th) calendar day following the date of the meeting, and the giving of such
reply will terminate Step 2.
G. An appeal of Discipline in the form of a Written Notice shall not be continued beyond
the second step.
H. In the case of an appeal of discipline in the form of a written reprimand, if the appeal
is not resolved to the satisfaction of the disciplined employee, the employee may request
the matter be submitted to a mediator who is a member of the State of California Mediation
Service. Any such request for mediation shall be made within 7 calendar days of the
conclusion of Step 2 of the Appeal process. Following mediation, any determination
regarding the written reprimand shall be final and no further appeal shall be allowed.
I. STEP 3 - If the grievance/appeal is not settled in Step 2, it shall be submitted to the
City Manager. The Union Representative and City Manager or his designee shall, within
seven (7) calendar days after the termination of Step 2, arrange a meeting to be held at a
mutually agreeable location and time to review and discuss the grievance/appeal. Such
meeting will take place within ten (10) calendar days from the date the grievance/appeal is
referred to Step 3. A decision shall be rendered within seven (7) calendar days from the
date of such meeting. The decision shall be in writing. The giving of such reply will
terminate Step 3.
J. Time limits as set forth above for each of the steps may be extended by mutual
agreement between the parties but neither party shall be required to so agree.
K. In the event the Union calls witnesses that must be excused from work, the City
agrees to excuse same in a paid status. The parties agree that in the event the Union
member or the Union fail to comply with the time limits contained herein, such failure
constitutes a waiver of the right to prosecute the grievance/appeal; it is further agreed that
in the event the City or its representatives fail to comply with the prescribed time limits,
such failure constitutes an agreement to concur with the grievant's/appellant's position and
remedy.
L. It is not intended that the grievance procedure be used to effect changes in the
established salary and fringe benefits.
ARTICLE 16 - ARBITRATION
A. Grievances/Appeals which are not settled pursuant to the Grievance/Appeal
procedure herein and which either party desires to contest further, shall be submitted to
arbitration as provided in this Article provided however that said request for Arbitration shall
be made within twenty (20) calendar days of the conclusion of Step 3 of the
Grievance/Appeal procedure.
B. As soon as possible and in any event not later than fourteen (14) calendar days after
either party received written notice from the other of the desire to arbitrate, the parties shall
agree upon an arbitrator. If no agreement is reached within said fourteen (14) calendar
days, an arbitrator shall be selected from a list of seven (7) arbitrators submitted by the
Federal Mediation and Conciliation Service by alternate striking of names until one name
remains. The party who strikes the first name from the panel shall be determined by lot.
C. Either the city or the Union may call any employee as a witness, and the City agrees
to release said witness from work if he is on duty. If an employee witness is called by the
City, the City will reimburse him for time lost; if called by the Union, the Union may pay the
expense.
D. The arbitrator shall have no power to alter, amend, change, add to or subtract from
any of the terms of this Agreement. The decision of the arbitrator shall be based solely
upon the evidence and arguments presented to him by the respective parties in the
presence of each other.
E. The decision of the arbitrator within the limits herein prescribed shall be final and
binding upon the parties to the dispute.
F. The mutual decision of the parties and/or the arbitrator in any dispute shall be the
final and binding decision on all parties and there shall not be any appeal to another board,
authority, commission and/or agency for it is the intent of this Agreement to supplant the
Civil Service (Personnel Board) hearing and appeal system with the provisions of this
Article.
G. The arbitrator may hear and determine only one grievance/ appeal at a time without
the express agreement of the City and the Union. The parties shall share equally the
expense of the cost of the arbitration, with the exception of counsel's fees.
ARTICLE 17 - MAINTENANCE OF MEMBERSHIP
All employees who are members or who have made application for membership as of July
1, 1978, and employees who thereafter become members shall remain as members in good
standing of the Union as a condition of employment for the term of this Agreement. It is
agreed that for the term of this Agreement no other employee organization may seek
representation nor may the City recognize another employee organization or petition for an
election.
ARTICLE 18 - HOLD HARMLESS
The Union, through the use of its legal staff, will defend the City against any lawsuits
brought about because of the provisions of Article 17.
ARTICLE 19 - JOB DESCRIPTIONS AND CLASSIFICATIONS
A. City and union reaffirm their mutual intent to regularly review job descriptions and
formal class specifications in order to update existing specifications.
B. It is further agreed that when a class specification is created, the City and Union will
meet and attempt to reach agreement on the proposed classification, pay and job
description.
ARTICLE 20 - REST PERIOD
A. Employees shall be allowed one (1) fifteen (15) minute rest period in accordance
with departmental rules during each half of the regular workday or regular work shift.
Employees working twelve (12) hour shifts shall receive three (3) fifteen (15) minute rest
periods per shift.
1. These rest periods will not be taken at the beginning or end of either half of
the regular workday or workshift.
2. Rest periods may not be accumulated, nor shall such rest periods have any
monetary value if unused.
3. Breaks must be taken on the work site or at a City facility although it is
recognized that purchases may be made in the vicinity during the rest period.
ARTICLE 21 -.HOURS AND OVERTIME
A. For FLSA purposes a "WORK -WEEK" shall be defined as:
1. For employees working a 5/40 or 4/40 schedule: commencing at 0001 hrs.
SUNDAY and terminating at 2400 hrs. SATURDAY.
2. For employees working a 9/80 schedule: commencing 1101 hrs. Friday and
terminating the following Friday at 1100 hrs.
B. The City agrees to pay all Union members time and one-half (1-1/2) their regular
rate of pay for all hours worked in excess of their regularly scheduled work day or their
regularly scheduled work week.
C. In determining an employee's eligibility for overtime compensation in a work day,
paid leaves of absence and unpaid leaves of absence shall be excluded from the total
hours worked (this does not apply for mandatory overtime where the employee receives
less than twelve (12) hours notice). For this purpose, paid leaves of absence and unpaid
leaves of absence include:
1. "A" Time
2. Sick Leave
3. Jury Duty
4. Military Leave
D. The City and Union agree that employees covered by this agreement who are
subject to the bi-annual daylight savings time changes will not be eligible for compensation
or be subject to loss of paid time because of the change in hours.
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E. It is agreed that all employees covered by this Agreement shall be paid one and
one-half (1-1/2) times their regular rate of pay for all hours worked on holidays in addition
to their regular straight time rate of pay (the effect of this is to pay two and one-half (2-1/2)
times the regular rate of pay). The parties further agree that any employee may elect to
accrue compensatory time off at the rate of one and one-half (1-1/2) times the hours
worked on holidays in addition to their regular straight time rate of pay, providing that they
notify the City in writing prior to the conclusion of the pay period in which the holiday falls.
F. If a holiday falls on the employees regularly scheduled day off, the employee shall
receive credit for either their straight time rate of pay or compensatory time credited to their
Holiday Comp accrual account. If an employee is required to work in an overtime situation
on a Holiday, the employee shall receive two and one-half times their regular rate of pay for
all hours actually worked on that day.
ARTICLE 22 - COMPENSATORY TIME
A. In lieu of pay, compensatory time may be earned at a rate of one and one-half times
the actual hours worked in an overtime Situation. Said compensatory time may be accrued
to a maximum of one -hundred (100) hours with an automatic cash -out of any overage as a
part of the regular payroll process.
B. In a holiday situation, compensatory time can be earned as indicated in Article 21
and can be accrued up to 100 hours with an automatic cash out of any overage.
C. Separate accrual banks shall be maintained for each type of compensatory time.
D. The granting of requests for compensatory time off shall not be unreasonably
withheld and shall be made in accordance with departmental policies.
ARTICLE 23 - LOCKERS
Consistent with past practice, City agrees to continue to provide lockers to employees
covered by this Agreement, who are required to report to duty in uniform, for the purpose of
storing and securing personal property; employees accept responsibility for the cleanliness
of said lockers.
ARTICLE 24 - REPORT PAY AND COURT PAY
A. Report pay is that pay for all time worked, or reported to work, after the employee,
having completed his last regular scheduled shift, left the work location and is requested to
report to work from their domicile. Report pay shall be equally distributed per department
and not per section, if the emergency is not of a specific nature, providing the employee is
qualified. Each Department shall establish a uniform "CALL -OUT" policy and procedure for
emergencies. The policy shall include, but not be limited to: (1) Equal distribution for call -
outs of qualified employees, and (2) establishment of voluntary call -out lists. It is
understood that any employee who declines a "call -out" will be removed from the voluntary
list and will not be eligible for replacement on that list for a period of six (6) months.
B. It is agreed that all employees shall receive either a minimum of four (4) hours report
pay/accrued compensatory time or time and one-half (1-1/2) in pay or accrued
compensatory time, whichever is greater, for any and all call outs. Such pay received shall
be considered as full compensation for said callout and shall not be considered as hours
worked for calculation of FLSA overtime.
C. It is further agreed that all employees subpoenaed to court while on an off -duty
status shall receive either a minimum of three (3) hours pay/accrued compensatory time or
time and one-half (1-1/2) for actual hours spent in court, whichever is greater. Such pay
received shall be considered as full compensation for time so spent and shall not be
considered as hours worked for calculation of FLSA overtime.
ARTICLE 25 - SICK LEAVE
A. Sick leave shall be used only in case of sickness or disability of the employee or in
the case of serious illness or death within the immediate family. Misuse of sick leave shall
be grounds for disciplinary action.
B. To receive compensation while absent on sick leave, employees shall notify the City
per their Department's policy.
C. When absence is for more than three (3) consecutive working days, the City may
require that the reason for the leave be verified by a written statement from an attending
physician stating the cause of absence. The employee shall furnish any other proof of
sickness reasonably required by the City.
D. Employees shall accrue sick leave at the rate of six (6) hours per month. After a
balance of 176 hours is accrued, accrual rate shall be eight (8) hours per month. All
employees will be paid for the first day sick provided however, newly hired employees
(initial employment with City) shall accrue, but not have use of paid sick leave during their
probationary period.
E. Each year eligible, all employees shall cash in 100% of all unused sick days earned
from December 1 to November 30 of the current year. This cash out is to be paid to the
employee on the first pay day in December. Provided however, in lieu of cash out
employees may convert 100% of their sick time, in excess of one -hundred seventy-six (176)
hours, to vacation time. All employees shall maintain a balance of one -hundred seventy-six
(176) hours to be eligible for any cash out.
F. All employees with a balance of one -hundred seventy-six (176) hours, may annually
cash in an additional fifty (50) hours accrued sick leave at 100%. The annual date shall be
the employee's choice.
G. All employees with five (5) years or more service shall be paid one-half (1/2) of all
sick hours at their current rate upon termination of employment.
ARTICLE 26 - SHIFT DIFFERENTIAL
A. All employees covered by this agreement working the swing shift shall receive fifty-
one cents (.51) per hour Shift differential pay. All employees working the night shift shall
receive sixty-one cents (.61) per hour shift differential pay.
B. It is agreed, that for the purpose of determining eligibility for shift differential, the
swing shift commences at 3:00 P.M., and the night shift commences at 11:00 P.M. In order
to be eligible for shift premium, the assigned shift must have four (4) or more hours after
commencement of the shift for which the member claims shift differential pay. Any
employee who is compensated at the rate of one and one-half times their regular rate of
pay shall not be eligible for shift differential (except for Holidays worked as a part of the
employee's regular schedule).
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C. Police Department
1. It is agreed that in the Police Department the Police Service Officers, Public
Safety Dispatchers and Community Services Officers (including P.M. Specialist) working
any shift shall be paid during their lunch break and rest period, subject to recall to work at
any time should the need arise.
2. Lunch breaks shall be taken as close as possible to the middle of the regular
work shift. Rest periods shall be taken during each half of the regular work shift. Lunch
breaks and rest periods shall be subject to the following conditions:
a. They shall not be taken at the beginning or end of either half of the
regular work shift.
b. They shall not be accumulated nor shall they have any monetary value
if unused.
C. They must be taken on the work site or within the Police
Department/Base III facility although it is recognized that purchases
may be made in the vicinity.
3. It is further agreed that supervisors shall make every effort to insure that the
employee receives said rest periods and lunch breaks.
ARTICLE 27 - EMPLOYEE INFORMATIONAL BOOKLET
Each department shall provide the employees working within that department an
information sheet defining department rules and procedures for use of sick leave, vacation,
paid time off, etc.
ARTICLE 28 - CONSTITUTIONALITY
If any section, subsection, sentence, clause or phrase of this Agreement is for any reason
held to be illegal or unconstitutional, such decision shall not affect the validity of the
remaining portion of this Agreement. The Union, through the use of its legal staff, will
defend the City against any lawsuits brought about or due to any item of this Agreement. It
is understood that the City will not have to pay any of the costs of defense of this
Agreement.
ARTICLE 29 - HIGHER CLASSIFICATION PAY
Employees covered by this Agreement who are temporarily assigned to a higher
classification because of emergency conditions, sick leave, vacation and/or relief shall
receive the higher rate of pay commencing with the eleventh (11th) consecutive day of such
assignment.
Community Services officers assigned temporarily as a Supervisor will receive 5% above
their regular salary.
ARTICLE 30- PROPER CLASSIFICATION COMPENSATION
Upon promotion, step increases shall be calculated based on the anniversary date of the
promotion.
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ARTICLE 31 - EDUCATIONAL INCENTIVE
A. The City agrees that Union members who desire to enroll in training and academic
courses that may provide the employee with general or specific skills and/or knowledge that
contributes to their ability to perform their current position or enhances promotional
opportunities, shall have their course fees, books, and tuition (up to CSU rates) paid by the
City in advance subject to the approval of the City Manager. The employee will reimburse
the City for all expenses if the employee fails or does not complete the said courses or if
the employee leaves City employment during the semester they are enrolled and received
payment.
B. For employees hired after March 1, 1994, reimbursement of tuition shall be on a
"pro -rated" basis depending upon the number of hours an employee covered by this
agreement is normally scheduled to work (i.e. full time @ 100% reimbursement; half time @
50% reimbursement, etc.).
C. Building Certification Bonus
City shall pay a one time bonus of $300/certificate/person for holders of
International Conference of Building officials Certificates; said bonus paid for
each such Certificate commencing with the second one; Certificates eligible
for bonus are:
Building Inspector Electrical Inspector
Plumbing Inspector Mechanical Inspector
Combination Inspector Plans Examiner
Uniform Fire Code Rehabilitation/conservation Inspector
2. The City shall reimburse the employee for certification and re -certification
costs associated with certification examinations.
ARTICLE 32 - PUBLIC WORKS STANDBY PAY
A. AFTER HOURS EMERGENCY RESPONSE
1. Qualified employees may be assigned, at the discretion of the Public Works
Director or Designee, to stand by duty for after hours emergency response.
2. Standby duty shall be assigned to one employee for a period of seven (7)
calendar days at the rate of one hundred and twenty-five dollars ($125.00)
per week.
3. While on standby duty, the assigned employee shall: carry a department
provided pager; respond via telephone within ten (10) minutes to any page;
and report fit -for -duty within twenty (20) minutes following receipt of call -out
information. The employee shall receive additional compensation for all
hours worked pursuant to Article 24 B, "Report Pay."
4. To be eligible for standby assignment an individual must: 1) have adequate
knowledge of the city's sewer system, the ability to trouble shoot and operate
the sewer rodder, and/or 2) possess a working knowledge of the irrigation
systems and operate a chain saw for tree clearing.
5. Have the ability to drive/operate the cat, backhoe and dump trucks, and/or
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6. Have a working knowledge of all electrical and street lighting systems
The Public Works Superintendent shall certify that an individual possesses the required
skills.
B. ABSENCE OF PUBLIC WORKS SUPERINTENDENT
In the event of the Public Works Superintendent being absent for more than a seven (7)
calendar day period, an assigned employee will perform the normal duties of the
Superintendent, including being on a 24 hour pager and will be compensated at the rate of
One hundred and twenty-five ($125.00) per week.
In the event that the assigned employee handles the emergency directly, Article 24 B
Report Pay will apply.
ARTICLE 33 - VACATIONS
A. It is agreed that all employees covered by this Agreement shall accrue vacation as
follows:
* Probation Period
Commencing with
it Is
Years of Service
1 st Year
2nd Year
4th Year
11 It
6th Year
" " 10th Year
it 99 14th Year
It
" 18th Year
Accrued Per Year
48
hour Award
80
hours
96
hours
112
hours
128 hours
144 hours
160 hours
B. For initial new hires, there shall be no accrual of vacation during the twelve (12)
months of probationary service. Commencing with the thirteenth (13th) full month of
service, the employee shall be credited with forty-eight (48) hours of Vacation and shall
commence accruing at the rate indicated above.
C. No current employee shall have an accrual rate less than the rate in effect as of
August 30, 1988.
D. All employees may cash in up to eighty (80) hours vacation time per fiscal year.
E. Vacation may be accrued up to a thirty (30) month accrual level, with an automatic
cash out for hours above that amount.
ARTICLE 34 - PROBATION
A. All employees covered by this agreement shall have a probationary period of twelve
(12) months (not subject to extension). Upon completion of the probation the employee
shall be given a step salary advancement.
B. Probationary employees, whether new hires or promotional, shall be formally
evaluated every three (3) months.
C. All new hires may make application for Union membership as of their date of
employment with the City. The City will notify the union in writing of all new hires.
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ARTICLE 35 - HOLIDAYS
A. All employees covered by this agreement working the 5/40 schedule shall receive
the following holidays off with pay:
New Year's Day; Martin Luther King, Jr.'s Birthday; President's Day; Memorial Day,
Independence Day; Labor Day; Veterans Day; Thanksgiving Day; Thanksgiving Friday;
Christmas Eve (5 hours); Christmas Day; New Years Eve (5 hours).
B. All employees covered by this agreement working the 4/40 schedule shall receive
the following holidays off with pay:
New Year's Day; Martin Luther King, Jr's Birthday; President's Day; Memorial Day;
Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; Christmas Day.
C. All employees covered by this agreement working a 9/80 schedule shall receive
ninety (90) hours of Holiday time per calendar year. Each year of this agreement, the 9/80
holiday schedule for "A" shift and "B" shift will be developed and agreed to by Union and
City.
ARTICLE 36 -.BEREAVEMENT LEAVE
Each employee covered by this agreement shall receive a maximum of three (3) days per
calendar year to be utilized for Bereavement Leave because of a death in their immediate
family. Immediate family for the purposes of this section shall be defined as: father;
mother; father-in-law; mother-in-law; brother; sister; spouse; or legal dependent.
Employees may predesignate and substitute other members defined as "immediate family."
The intent of this provision is not to expand the number of persons included in the definition
of "immediate family" or to increase paid leave opportunities, but, rather to recognize
variation in family structure (e.g. stepmother for mother). Said time will not be cumulative
from one twelve month period to another nor will pay in lieu of unused leave for
bereavement be provided. The Department Director may grant one (1) additional shift in
the event of a death which requires extended travel.
ARTICLE 37 - UNIFORMS
A. The City shall continue to provide uniforms to all Union members in the Public
Works Department in accordance with past practice or as may be modified by agreement
with the Public Works Director and approved by the City Manager.
B. All Union members assigned to work in the Police Department, who are either
required to work in uniform or maintain a serviceable uniform, shall be provided with the
department prescribed initial clothing necessary to perform their assignment, including
shoes and jacket.
C. After the employee has twelve (12) months of continuous service, the City shall then
provide $25.00 per month for the purpose of uniform maintenance and replacement.
D. Uniforms shall be worn and maintained in conformance with established department
standards.
ARTICLE 38 - WAGE RATE
A. Effective July 1, 1997 the wage rates shall be as described in Exhibit "A"
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Retroactivity applies only to persons actively employed on the date this agreement is
approved by the City Council.
B. Effective July 1, 1998 base salary shall be increased 3.5%.
C. Effective July 1, 1999 base salary shall be increased 3.5%
D. The City and the Union agree that salary steps for all classifications are "A" through
"E", each step to be one (1) year apart. Merit increases shall be effective at the beginning
of the next pay period following the employee's anniversary of their date of hire (1st or 16th
of the month).
E. Generally, initial appointments shall be made at the "A" step. Upon the
recommendation of the Department Director, appointment may be made at a higher step.
F. All employees shall be eligible for advancement through the steps based on merit.
In cases of exceptional merit, and upon the recommendation of the Department Director, an
employee may, with the approval of the City Manager, be advanced a step within the salary
range at other than one year intervals. Such advancement shall establish a new
anniversary date for future advancements.
G. The Union and City agree to the concept that all employees covered by this
agreement should receive a performance review at least annually.
ARTICLE 39 - LONGEVITY
A. Employees hired prior to August 1, 1983 will continue to receive longevity pay.
B. Effective July 1, 1985 employees classified as "Secretary" shall cease to be eligible
for longevity pay. This will not affect any longevity pay earned prior to July 1, 1985.
ARTICLE 40 -TEMPORARY SEASONAL AND SUMMER YOUTH EMPLOYMENT
The hiring of temporary employees shall be governed by the provisions of the Hermosa
Beach City Code.
ARTICLE 41 - PRODUCTIVITY
The City and the Union mutually agree to continually seek means of increasing productivity
among the several City departments.
ARTICLE 42 - AGENCY SHOP
A. All employees covered by this Agreement and employees subsequently hired must
within 30 days of the effective date of this agreement or 30 days from date of employment
and as a condition of employment, either become and remain a member of the Union in
good standing for the term of this agreement or pay a monthly service fee equal to union
dues to the Union.
B. Any employee who is a member of a bona fide religion, body, or sect which has
historically held conscientious objections to joining or financially supporting employee
organizations shall not be required to join or pay a service fee to the Union, however, such
employee shall be required to pay a monthly sum equal to union dues to one of the
charitable organizations listed below in the same manner as state in "A" above for the
duration of this agreement.
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Charitable Organizations:
1) United Way
2) City of Hope
3) American Cancer Society
ARTICLE 43 - LONG TERM DISABILITY
A. An employee utilizing the Long Term Disability Plan shall not accrue vacation, sick
leave, holiday pay or allowances after the 30th calendar day after disability.
B. FAMILY AND MEDICAL CARE LEAVE
As required by State and Federal law, the City will provide family and medical care
leave for eligible employees. The following provisions set forth unit members' rights
and obligations with respect to such leave. Rights and obligations which are not
specifically set forth below are set forth in the Department of Labor regulations
implementing the Federal Family and Medical Leave Act of 1993 "FMLA"), and the
regulations of the California Fair Employment and Housing Commission
implementing the California Family Rights Act ("CFRA") (Government Code §
12945.2). Unless otherwise provided by this article, "Leave" under this article shall
mean leave pursuant to the FMLA and CFRA.
2. Eligible members are entitled to a total of 12 weeks of leave during any 12-month
period. A member's entitlement to leave for the birth or placement of a child for
adoption or foster care with the employee expires 12 months after the birth or
placement.
3. The 12-month period for calculating leave entitlement will be a "rolling period"
measured backward from the date leave is taken and continues with each additional
leave day taken. Thus, whenever a member requests leave, the City will look back
over the previous 12-month period to determine how much leave has been used in
determining how much leave a member is entitled to.
4. If a member uses leave for any reason permitted under the law, he/she may
concurrently utilize all other accrued leaves in connection with the leave. The
utilization of other accrued leaves will run concurrently with the leave.
5. Members must fill out the following applicable forms in connection with leave under
this article:
• "Request for Family or Medical Leave".
• "Certification of Physician or Practitioner'
• "Fitness for Duty to Return from Leave"
6. The provision of Article 43 (A) shall apply regarding the accrual of vacation, sick,
holiday pay and allowances with the exception that seniority shall continue to accrue during
the period of FMLA leave.
ARTICLE 44 - REDUCED HOUR POSITIONS
A. Subject to Civil Service hiring requirements, City may hire employees in permanent
positions of at least twenty (20) hours/ week but less than 40 hours/week; such positions
are subject to the provisions of this Memorandum of Understanding provided however that
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City paid Medical and Dental premiums shall cover the employee only. These employees
shall have their pay calculated on an hourly basis and shall accrue vacation/holiday/sick
leave proportional to regular hours worked. Said employees are subject to the Agency
shop clause.
B. Completion of a probationary period in a position of at least 20 (30) hours/week is
applicable to any/all such positions; seniority shall accrue from date of appointment
regardless of hours worked (at least TWENTY (20) hours/week and up to forty
(40)hours/week).
C. Appointments to "Reduced Hours Positions" shall be processed on a Personnel
Action form which shall designate the number of hours to be worked. There shall be an
annual review of the average hours worked.
D. Employees in "Reduced Hours Positions" shall be given consideration for all full time
positions before consideration of other hiring to fill full time positions.
E. City may create such positions; employees may volunteer to occupy such positions.
No permanent forty (40) hour employee may be required to accept a less hours/week
position.
ARTICLE 45 - PREMIUM PAY
A. Senior Clerk Typist Premium
1. An employee who is classified as Clerk Typist and meets the requirements for
"Senior Clerk Typist" premium pay as determined by their department head shall receive
premium pay at the rate of 10% of the base salary. Said premium, being compensation for
regular and continuing duties, shall be included in all sick leave up to and including ten
consecutive days, vacation leave, vacation cash -out, holidays and shall be subject to
P.E.R.S. Such action will be formalized by a personnel action.
2. Clerk Typists will be eligible for premium pay when in the course of their
duties they perform the following additional tasks:
a. Must independently compose correspondence and memos in response
to complaints, informational matters, inquiries, etc.; have authorization to sign
said material without review.
b. Must work with the public in receiving complaints and inquires, on the
telephone and/or at the counter and attempt to resolve problems and provide
information independently except in extraordinary circumstances. Must have
the ability to obtain necessary information and get back to the party with
appropriate satisfaction.
C. Must be proficient in the department's word processing.
d. Must type fifty (50) W.P.M.
3. Application will be made to the individual's immediate supervisor who will
verify that the employee satisfactorily performs these additional tasks and is eligible for
Senior Clerk Typist premium. The approval of the Department Director and the Personnel
Director is required.
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4. Premium pay will be effective commencing with the next regularly scheduled
pay period following approval.
5. Effective July 1, 1994 the classification of Secretary shall be eligible for the
10% premium noted above. At that time an individual receiving said premium shall have a
working title of Senior Secretary.
B. Computer Systems Assistant Premium:
1. An employee may be assigned as Systems Assistant to provide back-up
support for the Police Records Administrator/System Manager and shall be eligible for
premium pay according to the following schedule:
a. 5% upon assignment of the duties as described on the attached
"Exhibit B";
b. 5% above the first premium pay increment upon completion of 700
hours of duties listed on the attached "Exhibit B";
C. 5% above the second premium upon completion of a Systems Manager
course selected and approved by the department and completion of
1000 hours of duties listed on the attached "Exhibit B";
2. Pursuant to Article 32 of the M.O.U., the City agrees to allow for the obtaining
of a certificate or degree in computer science.
3. All time claimed for eligibility for premium pay shall be logged in by the
employee; said log to be provided by the City. The employee shall apply for said premium.
Department Head and Personnel Director approval is required.
C. Police Service Training officer Premium (P.S.T.O.) Public Safety Dispatch Training
Officer (P.S.D.T.O.) Premium
1. Police service Officers and Public Safety Dispatchers who have been certified
as Police Service Training Officers (P.S.T.O.), or Public Safety Dispatcher Training Officers
as determined by the department, shall be eligible for P.S.T.O. or P.S.D.T.O. Premium Pay
in the amount of $7.50 for each shift so assigned training duties.
2. Eligibility for compensation as a P.S.T.O. shall be annotated by way of an
exception slip and paid as part of the regular payroll process.
D. Lead Police Service Officer Premium
1. An individual in the classification of Police Service Officer may, with the
approval of the Division Captain and the Chief of Police, be selected to serve in an
assignment as Lead Police Services Officer and shall receive a 10% premium above base
salary while so assigned. An individual so assigned may be removed with cause.
2. The Lead Police Service Officer shall met the criteria, and be responsible for
the duties, listed in "Exhibit C" attached hereto.
E. Lead Public Safety Dispatcher Premium
1. An individual in the classification of Public Safety Dispatcher may, with the
approval of the Division Captain and the Chief of Police, be selected to serve in an
assignment as Lead Public Safety Dispatcher and shall receive a 10% premium above
base salary while so assigned. An individual so selected may be removed with cause.
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2. The Lead Public Safety Dispatcher shall met the criteria, and be responsible
for the duties, listed in "Exhibit D" attached hereto.
F. Public Works Department Premiums
1. Public works Department employees in the classification of Maintenance I or
Maintenance II who meet the requirements of the premium pay categories of (1) Electrician;
(2) Carpenter; (3) Traffic Specialist; (4) Irrigation Specialist; or (5) Street Maintenance
Technician, (6) Sewer/Storm Drain specialist, as described in "Exhibit E" (attached hereto)
as certified by the Public Works Superintendent and approved by the Public Works Director
may be selected to receive a 7% premium above base salary while assigned the
designated duties.
H. Bilingual Skill Premium
1. Effective July 1, 1994, the City agrees to pay a 5% premium above base
salary per month to full time employees, not to exceed three (3) in number), who have
demonstrated proficiency/fluency in a second language which has been demonstrated to be
of value to the city in providing customer service.
2. An employee receiving bilingual skill premium will be called upon to assist in
any department within the City on an as needed basis to provide interpretation services.
Individuals receiving a bilingual skill premium may periodically be subject to call -out or be
required to work in excess of their regular schedule. In the event of call -out or overtime,
compensation shall be in accordance with the appropriate provisions of this agreement.
3. Employees with bilingual ability will be tested for oral skill in the designated
language by the Personnel Director. Applicants must successfully pass the examination to
be eligible for bilingual premium. Periodic evaluation of incumbents receiving bilingual skill
premium will be required.
4. Should there be more than three (3) applicants for bilingual premium, the City
reserves the right to select the applicant who best meets the needs of the City. Factors to
be considered in selection include, but are not limited to, proficiency in both speaking and
writing designated language as well as the ability to provide multiple shift coverage.
ARTICLE 46 - JOB SHARING
Subject to Civil Service hiring requirements, City may allow employees to job share one
permanent position on a voluntary basis. Such positions are subject to the provisions of
this memorandum of Understanding provided however that the City paid health and dental
premiums or equivalent thereof, shall cover the one position, for employee only. These
employees shall have their pay calculated on an hourly basis and shall accrue
vacation/holiday/sick leave and Employee Benefits Option proportional to regular hours
worked. Designated hourly wage shall be equally reduced for each employee by the
amount required to pay for the second benefit package.
ARTICLE 47 - CHECK CASHING
Employees are encouraged to utilize the City's ability to "Direct Deposit" paychecks to the
bank or credit union of the employee's choice.
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ARTICLE 48 - SCHEDULING FOR POLICE_ DEPARTMENT AND PUBLIC WORKS
A. Community Services Division
Community Services Officers
a. Police department personnel assigned to the field operations of the
Community Services Division shall be scheduled on a rotating six-month
basis with starting dates of January 16th and July 16th. With the
exception of the initial start of the schedule, the shifts will rotate from top
to bottom.
b. When schedule rotation results in an employee working more than forty
(40) consecutive hours, that employee will be paid time and one-half
overtime for all hours worked in excess of forty (40) hours in a workweek
as defined in Article 21.
c. All open shifts shall be filled as the department hires from the certified Civil
Service list and their ranking in eligibility.
d. Union and management agree that in the event there is a change in hours
or the number of positions, directed by policy, a new schedule will be
negotiated.
2. Community Services Field Supervisors
a. Community Services Field Supervisors are not included in the Community
Services Field Officer's schedule rotation and their schedule will be
established according to the Department's needs.
b. When schedule rotation results in an employee working more than forty
(400 consecutive hours, that employee will be paid time and one-half
overtime for all hours worked in excess of forty (40) hours in a work week
as defined in Article 21.
B. Jail/Dispatch/Records Divisions:
1. The following rules shall apply for the purpose of shift selection by all union
employees working in the Police Department, Jail and Dispatch divisions:
a. Seniority shall be the determining factor.
b. For the purpose of shift selection, seniority shall be defined as:
(1) Length of continuous service within the classification, to
commence with the hire date of said classification.
(2) Test score of the classification.
(3) If Section "a" is equal, then Section "b" shall be the determining
factor in seniority.
2. Changes of shift shall be three (3) times yearly, consistent with those of sworn
personnel in the Police Department.
3. Union employees must change their shift at least once within that year, unless
management and the employee mutually agree that the employee may remain on the same
shift.
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4. The City and the Union agree that where Police Department management
determines there is a legal obligation to provide and staff Police Department services, such
staffing shall be accomplished. The Union and Police Department Management agree to
meet and confer to discuss options of meeting such staffing requirements.
C. Public Works Department
1. Public Works employees working in field operations shall work a 9/80
schedule unless otherwise modified by mutual agreement between the City and Union.
ARTICLE 49 - RETIREMENT
A. Employees covered by this agreement shall be afforded the miscellaneous
retirement plan offered by P.E.R.S. 2% at 60 plan, one year highest compensation,
B. City shall assume all of the employee retirement cost (P.E.R.S.).
C. The City shall report to P.E.R.S. the value of the 7% employer paid member
contribution (EPMC) pursuant to the authority of Government Code Section 20023(c)(4).
D. Any employee covered by this agreement will be eligible, upon service retirement
from this City, for a medical supplement. Said supplement shall be in the following amount:
1. For service retirement at age fifty-five (55) with a minimum of ten (10) years
continuous service with the City, a $40.00 (or cost of policy whichever is less) per month
medical insurance supplement.
2. For service retirement at age fifty-five (55) with a minimum of twenty (20)
years continuous service, a $60.00 (or cost of policy whichever is less) per month medical
insurance supplement, provided, however, that no currently retired employee shall have a
benefit amount less than they are currently receiving.
3. Said supplement shall commence with the first month following the
employee's service retirement in which the employee is responsible for payment of the
insurance premium.
4. In order to be eligible for medical supplement payments, an employee must
either remain on a medical insurance plan offered by the City or provide proof of coverage
on a self procured medical insurance plan.
5. Any payments made by the City shall be made directly to a medical insurance
provider. In no case will payments be made directly to an individual.
6. If an employee who has taken a service retirement, and is receiving a benefit
under this article, later applies for and receives a disability retirement, all payments
advanced under this article shall be reimbursed to the City.
7. Any employee receiving a benefit under this article agrees to apply for, and
enroll in, any Federal and/or State medical insurance plan (e.g. Medicare, Medicaid, etc.)
for which they may become eligible.
ARTICLE 50 - DEFERRED COMPENSATION
Each Union Member, individually, may elect to participate in the Deferred Compensation
Plans established and adopted by the City of Hermosa Beach.
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ARTICLE 51 - CITY/UNION MEETINGS
Commencing July 1, 1997 ,it is agreed that the Management Team will meet with the Union
Representative(s) when requested by the Union to best effect implementation of this
document.
ARTICLE 52 - DISCIPLINE, SUSPENSION, DISCHARGE
A. The City understands the value of progressive discipline and will endeavor to
incorporate that procedure in it's disciplinary policy. Therefore, as a guideline, the City will
endeavor to adhere to the following progressive disciplinary procedure:
1. Written Notice(s)
2. Written reprimand(s)
3. Suspension(s); Reduction -in -Pay; Demotion
4. Demotion/Reduction in pay
5. Termination
B. The above procedure will be used only as a guideline and will apply to all of the
Union's classifications and positions.
C. Appeals of Discipline shall be governed by the provisions of Article 15.
ARTICLE 53 - LAYOFF
A. It is mutually agreed that whenever, in the judgment of the City Council, it becomes
necessary to abolish a position in the interest of economy or because the necessity for the
position no longer exists, the City Council may abolish any position or employment in the
competitive service and the personnel officer shall layoff, demote or transfer employees
thereby affected.
B. The City shall give such employees not less than thirty (30) days advance notice of
separation and reason therefore.
C. Layoff shall be made within classes of positions and all provisional employees in the
affected class or classes shall be laid off prior to the layoff of any probationary employee all
probationary employees in the affected class or classes shall be laid off prior to the layoff of
any permanent employee in the affected class or classes and such layoff shall be by
seniority.
D. The criterion used in determining the order of separation shall be seniority. Seniority
is defined as the total time worked within one's current classification. Wherever seniority in
classification is equal, the following criteria shall be applied in the order below:
1) Total city service
2) Relative position on the certified eligibility list
3) Drawing of lots
E. The seniority date shall be the date of permanent appointment from a certified Civil
Service List. For those employees who have served in their current classification prior to
1981, the seniority date will be the date of appointment via personnel action.
F. Date of hire shall include all City service including CETA and FEEA time but not part
time/no benefit service.
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G. Seniority shall not include the time which was terminated by voluntary resignation
from the competitive service, layoff, leave of absence or suspension from the competitive
service but shall include time served on military leave of absence.
H. When a layoff affects a classification which crosses department lines, the junior
employee in said classification shall receive the layoff regardless of department as outlined
in paragraphs D, E and F.
I. Employees laid -off shall have the City paid portion of their medical insurance
premiums paid for two months following the date of lay-off.
ARTICLE 54 - RETURN TO WORK FROM LAYOFF
A. It is mutually agreed that the names of probationary and permanent employees laid
off shall be placed upon an eligibility list for classes which, in the opinion of the City
Manager, require essentially the same qualifications and duties and responsibilities as
those of the class of position from which the layoff was made.
B. Names of persons laid off shall be placed at the top of eligibility lists in order of their
seniority and shall remain on such lists for a period of two years unless re-employed by the
City. The result being, by classification, the last employee laid off shall be the first rehired.
C. In the event that an employee on a rehire list is offered a position in the classification
from which they were laid off and does not accept said position, then their name shall be
removed from all re-employment lists. Acceptance of temporary employment does not
affect eligibility on permanent re-employment list.
D. In the event that an employee on a rehire list is offered a position in a lower
classification from which he/she was laid off and does not accept said position, his/her
name shall be removed from the lower classification rehire list but will remain on the higher
classification list.
E. Employees hired from the re-employment list into a classification lower than the
classification in which they were laid off shall have their names maintained on the re-
employment list for the higher classification until said re-employment list expires.
F. Notices of recall from layoffs shall be sent by certified mail (return -receipt -requested)
and shall specify the date for reporting to work which shall not be more than two (2) weeks
from the date the notice is received. Notice shall be deemed to have been received when
sent to the last known address on file with the City and delivery or attempted delivery is
certified by postal service. Notice of recall will also be forwarded to the recognized
bargaining agent. Employees to be laid off shall submit to the Personnel office their current
address at the time of separation. Upon receiving notice, the person on layoff shall have
five (5) days to accept or decline the recall opportunity.
G. Any employee failing to respond in writing within five (5) days of recall, or failing to
report on the prescribed date within the two (2) week maximum, waives all remaining rights
to recall on all re-employment lists. The City will proceed to the next senior person until
recall needs are met or the list(s) is exhausted.
H. Upon recall from lay-off, all accruals will be based on criteria set forth in Article 53
Layoff, paragraphs D, E and F.
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ARTICLE 55 - REDUCTION IN LIEU OF LAYOFF
A. It is mutually agreed that an employee whose position is abolished shall be
permitted to drop back into the next lower classification within the same classification family
and (i.e. Maintenance II to Maintenance I; Senior Account Clerk to Account Clerk) within
his/her department and continue in service provided he/she is qualified to perform the
duties of the lower classification. The layoff, if any, shall be made in the lowest grade in the
department of the employee having the least seniority.
B. In the case of reduction of any employee in the City Service to a class with a lower
pay range such employee's salary shall be reduced to a pay step in the lower range
corresponding to less than one step in dollar amount below that which he held in the higher
class before such reduction.
C. For purposes of future step advancement, accrued time in the higher classification
step shall be retained.
D. An employee whose position is abolished shall be permitted to continue in service in
a lateral position (same salary range) within their department if there is a vacancy and the
employee meets the minimum qualifications for the vacant position.
E. An employee shall be required to successfully complete a thorough background
investigation for any position they assume as a result of reduction in -lieu or lateral transfer
if such a background investigation is required of a new -hire employee.
ARTICLE 56 - MILITARY LEAVE PAY
New employees shall not receive a salary from the City while on military leave. Any current
employee who has utilized military leave since January 1, 1984 or has so enlisted prior to
January 1, 1986, shall be eligible to receive his/her salary from the City while on military
leave in accordance with past practice.
ARTICLE 57 - JURY DUTY
The City will not provide jury duty leave pay to employees. If the State or Federal Court
jury commissioners change, amend, alter, or otherwise rescind their present policy of
granting exemptions from jury service to persons who do not receive jury duty pay from
their employer, so as to require jury service despite the absence of jury duty pay from such
employer, then the City's practice of paying the City's full salary if jury pay is returned to the
City shall be reinstated effective immediately upon the first implementation of such changed
exemption policy with respect to all personnel in classifications in this bargaining unit. the
city and Union agree that jury duty shall be paid at the same rate as the employee's salary.
Employees are not prohibited from using paid vacation or compensatory time in order to
participate in jury duty.
ARTICLE 58 - SELECTION OF INDUSTRIAL ACCIDENT DOCTOR OR MEDICAL
FACILITY AND CONTINUATION OF HEALTH BENEFITS
A. It is understood that the City will provide medical facilities to be used for industrial
accidents or illness. However, in the event the union members covered by this MOU wish
to grieve the City's selection, the City will give due consideration to the facts presented and
may select a new facility.
24
B. An employee who suffers an injury -on -duty on or after that date will continue to have
payment of the City's portion of all health insurance premiums paid for a period of seven (7)
full months commencing with the month in which the injury occurred.
C. Accrual of vacation, sick and holidays shall be governed by the provisions of Article
43(A).
D. Nothing herein shall prevent an employee from utilizing their accrued time in lieu of
receiving temporary disability payments under the provisions of the Workers'
Compensation laws of the State of California.
ARTICLE 59 --TERM OF AGREEMENT
This agreement shall commence July 1, 1997 and continue until midnight June 30, 2000 .
IN WITNESS WHEREOF, the parties hereto cause this Agreement to be executed this
day of 1997.
CALIFORNIA TEAMSTERS PUBLIC CITY OF HERMOSA BEACH
PROFESSIONAL & MEDICAL
EMPLOYEES UNION, LOCAL 911
Chester Mordasini
President, Local 911
Ray Whitmer
Secretary/Treasurer, Local 911
Chris Kelly
Supervisory Union Steward
Valerie Mohler
City Hall Union Steward
Terea Johnson
Police Union Steward
Janet Dreste
Community Services Union Steward
John Triggs
Public Works Union Steward
Stephen R. Burrell
City Manager
Viki Copeland
Finance Director
911 mou97.doc
25
EXHIBIT A
GENERAUSUPERVISORY EMPLOYEES BARGAINING UNIT
EFFECTIVE JULY 1, 1997 THROUGH JUNE 30, 1998
1
2
3
4
5
BUILDING INSPECTOR
3142
3300
3464
3637
3819
BUSINESS LICENSE INSPECTOR
2977
3126
3282
3447
3618
ENGINEERING TECH.
2977
3126
3282
3447
3618
POLICE SERVICE OFFICER
2544
2671
2806
2946
3093
PUBLIC SAFETY DISPATCHER
2544
2671
2806
2946
3093
COURT LIAISON OFFICER
2544
2671
2806
2946
3093
CRIME SCENE INVESTIGATOR
2748
2885
3030
3181
3340
SECRETARY
2491
2615
2747
2884
3028
SENIOR ACCOUNT CLERK
2491
2615
2747
2884
3028
EQUIPMENT MECHANIC
2371
2490
2614
2746
2882
MAINTENANCE II
2261
2375
2493
2619
2749
COMMUNITY SERVICES OFFICER
2261
2375
2493
2619
2749
ACCOUNT CLERK
2261
2375
2493
2619
2749
PARKING METER MAINT. TECH
2261
2375
2493
2619
2749
POLICE RECORDS CLERK
2130
2236
2347
2465
2589
CLERK TYPIST
2030
2132
2238
2349
2467
MAINTENANCE 1
2030
2132
2238
2349
2467
CUSTODIAN
1855
1948
2045
2147
2254
SUPERVISORY
CLASSIFICATIONS
1
2
3
4
5
PUBLIC WORKS CREWLEADER
2846
2989
3138
3294
3459
SENIOR EQUIPMENT MECHANIC
2846
2989
3138
3294
3459
PARKING METER SPECIALIST
2755
2894
3038
3190
3349
COMMUNITY SERVICES FIELD
2755
2894
3038
3190
3349
SUPERVISOR
1
EXHIBIT B
COMPUTER SYSTEMS ASSISTANT
1. Provides back-up support to the System Manager.
2. Provides user assistance and dispatches problems to appropriate sources for
resolution on a variety of automated computer systems;
3. Receives, records, diagnoses and resolves communication network problems:
4. Contracts users affected by communications network problems;
5. Assists with special projects relating to automated computer systems.
6. Performs computer back-ups.
7. Monitors and controls computer and peripheral equipment to process data;
8. Assists in training on computer systems.
9. Types alternate commands into computer console to correct cause of error or
failure;
10. Sets control switches on computer or peripheral equipment according to
program and data requirements.
11. Moves switches to clear system to start operation of equipment.
12. Configuration of ports for terminals and/or printers;
13. Identifies and corrects problems with peripheral equipment.
QUALIFICATIONS
1. Must have completed probationary status;
2. Must have achieved above average performance as indicated on past formal
department evaluation;;
3. Must have experience in hardware, software, data entry, and troubleshooting on
DEC/VMS/RMS and VAX computers;
4. Must have knowledge of operating, diagnosing, troubleshooting, and general
maintenance standards of DEC/VMS/RMS and VAX peripherals; word
processors; data base and standard software; data processing, word processing
and teleprocesssing concepts;
5. Must be able to successfully demonstrate ability to: apply technical knowledge
of computer hardware and software to support System Manager and System
users; communicate effectively both orally and in writing; establish and maintain
effective working relationships with other individuals contacted in the
performance of System Assistant duties.
K
EXHIBIT C
LEAD POLICE SERVICE OFFICER CRITERINDUTIES
1. Must have been satisfactorily performing all job functions within the classification
of Police Service Officer.
2 Shall be Police Service Training officer certified within twelve (12) months of
appointment.
3. Must be able to utilize L.E.A.D.E.R. system with independence and efficiency.
4. Shall be responsible for supervision and scheduling of assigned Police Service
Officers.
5. Shall participate in and coordinate performance evaluations and recommend
training as necessary for assigned personnel.
6. Shall represent the jail division at department and other meeting as required.
7. Shall be responsible for recommending policies and procedures for jail
operations and ensuring compliance with same when approved.
8. Shall assist in the maintenance of the jail operation manual.
9. Shall have responsibility for coordination and scheduling of the department's
Trusty Program.
10. Must have the ability to make responsible and prudent decisions in all assigned
areas that pertain to the functions of the department.
11. Shall coordinate cooperative effort between PSO's and the records function.
3
EXHIBIT D
LEAD PUBLIC SAFETY DISPATCHER CRITERIA/DUTIES
1. Must have been satisfactorily performing all job functions within the classification
of Public Safety Dispatcher.
2 Shall be Public Safety dispatcher Training Officer certified within twelve (12)
months of appointment.
3. Must be fully trained on C.A.D. system and be able to utilize system with
independence and efficiency.
4. Must have ability to make and maintain GEO file updates and entries.
5. Must have ability to re -set and/or boot the C.A.D. and radio systems.
6. Shall be responsible for supervision and scheduling of assigned dispatchers.
7. Shall participate in and coordinate performance evaluations and recommend
training as necessary.
8. Shall represent the dispatch division at department and other meeting as
required.
9. Shall be responsible for recommending policies and procedures for dispatcher
Center operations and ensuring compliance with same when approved.
10. Shall assist in the preparation of Dispatch Center operation manual.
11. Must have the ability to make responsible and prudent decisions in all assigned
areas that pertain to the functions of the department
n
EXHIBIT E
PUBLIC WORKS DEPARTMENT PREMIUM PAYS CRITERIA/DUTIES
A. ELECTRICIAN
1. Must be able to independently trouble shoot and effectively repair
malfunctioning circuits and systems.
2 Must have ability to build and install high voltage components and systems.
3. Must have familiarity with, and ability to apply, Uniform Electrical Code
standards.
4. Must have ability to work with and install 110 voltage systems.
5. Must be able to repair and/or replace malfunctioning components.
6. Must be able to prioritize job requests and train and supervise other employees.
7. Must have knowledge of, and be able to be assigned responsibility for, signal
and street lighting systems.
8. Must have knowledge of Cal/OSHA and other accepted safety standards and
approved methods of electrical installation.
9. Must have completed a minimum of three years of varied experience performing
the duties of a journey level electrician.
B. CARPENTER
1. Must have ability to repair roofs, install drywall, and apply plastic stucco.
2. Must have ability to perform both rough and finish carpentry.
3. Must have ability to interpret and build from building plans.
4. Must have ability to prioritize job requests and train and supervise employees.
5. Must have knowledge of, and ability to apply, accepted safety standards.
6. Must have knowledge of, and ability to apply, Uniform Build Code standards.
7. Must have completed at least one year of varied experience performing the
duties of a journey level carpenter.
C. TRAFFIC SPECIALIST
1. Must have knowledge of, and ability to apply, CalTrans manual standards as
9
regards street markings, signage, general specifications, and traffic controls.
2. Must have ability to maintain and repair hydraulic and electrical painting
equipment.
3. Must have ability to repair pumps.
4. Must have ability to prioritize job requests and train and supervise other
employees.
5. Must have knowledge of, and ability to apply, accepted safety standards.
D. IRRIGATION SPECIALIST
1. Must be able to maintain and repair complicated automatic irrigation systems.
2. Must possess understanding of hydraulic theory.
3. Must be able to read and build from landscape and irrigation plans.
4. Must have ability to prioritize job requests and train and supervise other
employees.
5. Must have knowledge of, and ability to apply, accepted safety standards.
E. STREET MAINTENANCE TECHNICIAN
1. Must be proficient in form setting and concrete estimating, pouring and finishing.
2. Must be proficient in estimating, laying and compacting asphalt concrete
including proficiency in operation of light and heavy equipment such as
backhoe, roller, tamper and saw.
3. Must be familiar with both concrete and asphalt concrete jobs.
4. Must be proficient in the safe operation of small machine operations including
acetylene/oxygen cutting torch, coring machine, compressor and pavement
breakers, skill saw and other small power tools, grinders, water and sand
blaster, steam cleaner and other assorted hand tools.
5. Must be able to apply Cal/OSHA standard for traffic control and other safety
procedures in public right-of-way.
6. Will be responsible for the supervision of small construction crews.
7. Must have ability to prioritize job requests and train and supervise other
employees.
SEWER/STORM DRAIN SPECIALIST
1. Must be proficient in reading and understanding existing sewer maps/videos and
related documents.
2. Must be proficient in operating existing sewer rodding equipment, i.e. Sreco
flexible sewer rodder and assorted small and medium "sewer snakes."
3. Must be proficient in entering and exiting enclosed areas safely including
manholes and pump stations.
4. Must be proficient in operating existing heavy equipment on the beach, such as
the Cat 943 tracked Front Loader.
5. Must be able to prioritize job requests and train and supervise other employees.
6. Must be able to respond to emergency requests after regular working hours.
7. Must be able to apply Cal/OSHA standard for traffic control and other safety
procedures in public right-of-way.
7
GENERAL & SUPERVISORY BARGAINING UNIT
EFFECTIVE JULY 1, 1999 THROUGH JUNE 30, 2000
GRADE
KEY TITLE
G01 BUILDING INSPECTOR
G03 BUSINESS LICENSE INSPECTOR
G05 PUBLIC WORKS INSPECTOR
G07 INFORMATION SYSTEMS TECHNICIAN
G13 POLICE SERVICE OFFICER
G15 PUBLIC SAFETY DISPATCHER
G17 COURT LIAISON OFFICER
G19 CRIME SCENE INVESTIGATOR
G21 SECRETARY
G23 SENIOR ACCOUNT CLERK
G25 EQUIPMENT MECHANIC
G29 MAINTENANCE II
G31 COMMUNITY SERVICES OFFICER
G33 ACCOUNT CLERK
G35 PARKING METER MAINTENANCE TECH
G37 POLICE RECORDS CLERK
G39 CLERK TYPIST
G41 MAINTENANCE I
G43 CUSTODIAN
1
2
3
4
5
3366
3536
3710
3896
4091
3189
3348
3516
3693
3876
3189
3348
3516
3693
3876
2821
2962
3110
3266
3429
2725
2861
3006
3156
3313
2725
2861
3006
3156
3313
2725
2861
3006
3156
3313
2944
3091
3246
3408
3578
2668
2802
2943
3089
3244
2668
2802
2943
3089
3244
2540
2667
2800
2941
3087
2422
2544
2670
2806
2945
2422
2544
2670
2806
2945
2422
2544
2670
2806
2945
2422
2544
2670
2806
2945
2282
2395
2514
2640
2774
2175
2284
2397
2516
2642
2175
2284
2397
2516
2642
1987
2087
2191
2300
2415
SUPERVISORY CLASSIFICATIONS
1
2
3
4
5
S01
PUBLIC WORKS CREWLEADER
3049
3202
3362
3528
3705
S03
SENIOR EQUIPMENT MECHANIC
3049
3202
3362
3528
3705
S05
PARKING METER SPECIALIST
2951
3100
3254
3418
3587
S07
COMMUNITY SERVICES FIELD SUPERVISOR
2951
3100
3254
3418
3587
PROFESSIONAL & ADMINISTRATIVE EMPLOYEE'S GROUP
EFFECTIVE JULY 1, 1999 THROUGH JUNE 30, 2000
1
2
3
4
5
A01
CITY PLANNER
4293
4506
4732
4969
5217
A02
ASSOCIATE ENGINEER
3733
3921
4117
4321
4536
A03
SENIOR BUILDING INSPECTOR
3733
3921
4117
4321
4536
A04
ASSISTANT ENGINEER
3234
3396
3566
3744
3931
A05
PLANNING ASSOCIATE
3733
3921
4117
4302
4536
A06
PLANNING ASSISTANT
3068
3221
3382
3551
3729
A07
PUBLIC WORKS SUPERINTENDENT
3733
3921
4117
4302
4536
A09
POLICE REC. ADMIN/SYSTEM MANAGER
3715
3901
4097
4302
4518
A10
ACCOUNTING SUPERVISOR
3347
3515
3692
3875
4069
A11
CITATION RECORDS ADMINISTRATOR
3347
3515
3692
3875
4069
A13
SECRETARY TO THE CITY MANAGER
3333
3499
3674
3857
4049
A14
PERSONNEL ASSISTANT
3228
3388
3560
3737
3925
A15
RECREATION SUPERVISOR
3082
3236
3398
3569
3745
A17
SECRETARY TO DEPT. DIRECTOR
3104
3260
3424
3594
3774
A19
ADMINISTRATIVE ASSISTANT
3104
3260
3424
3594
3774
A21
DEPUTY CITY CLERK
3104
3260
3424
3594
3774
ELECTED
GRADE
KEY
TITLE
E02
CITY COUNCIL
E03
CITY CLERK
E04
CITY PROSECUTOR
E05
CITY TREASURER
300 Month
1823 Month Effective 7-1-99
4600 Month
1567 Month (actual @ $1325.50)
MANAGEMENT
EFFECTIVE JULY 1, 1999 THROUGH JUNE 30, 2000
1
2
3
4
M01
PERSONNEL & RISK MANAGEMENT DIR.
5550
5829
6120
6427
M05
COMMUNITY RESOURCES DIRECTOR
6090
6393
6714
7050
M20
COMMUNITY DEVELOPMENT DIRECTOR
6481
6806
7145
7503
M25
FINANCE DIRECTOR
6481
6806
7145
7503
M35
PUBLIC WORKS DIRECTOR
6821
7162
7520
7897
M37
FIRE CHIEF
6821
7162
7520
7897
M40
POLICE CHIEF
7489
7864
8257
8670
M45
CITY MANAGER
9833
CONTRACT
1
C3
ADMINISTRATIVE REVIEW INVESTIGATOR
3157
SWORN FIRE
EFFECTIVE JULY 1, 1999 THROUGH JUNE 30, 2000
1
2
3
4
5
6 7
F01
FIRE CAPTAIN
4605
4836
5079
5332
5598
5878
F05
ENGINEER
3852
4045
4247
4460
4682
4916
F10
PARAMEDIC
3722
3910
4104
4310
4525
4750 4916
F15
FIREFIGHTER
3219
3380
3548
3727
3913
4108
SWORN POLICE
EFFECTIVE JULY
1, 1999 THROUGH JUNE 30, 2000
1
2
3
4
5
P01
POLICE CAPTAIN
6857
7200
7561
7938
P03
POLICE LIEUTENANT
6412
6733
7070
7423
P05
POLICE SERGEANT
4587
4817
5058
5312
P10
POLICE OFFICER
3815
4006
4206
4416
09/20/99