HomeMy WebLinkAboutRES-94-5671 (MOU/TEAMSTERS/GEN., SUPERVISORY & ADM.-94)1
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RESOLUTION NO. 94-5671
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/SUPERVISORY AND ADMINISTRATIVE
EMPLOYEES' BARGAINING UNITS.
WHEREAS, employees of the City of Hermosa Beach, California
represented by the California Teamsters Public, Professional and
Medical Employees' Union, Local 911 have elected to meet and
confer with the City of Hermosa Beach on matters concerning
wages, hours, and 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/Supervisory and
Administrative Employees' Bargaining Units; 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
RESOLVES to enter into Memoranda of Understanding to be effective
for the period September 1, 1993 through and including August 31,
1996.
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 proceedings of the City Council of said City in
V'.
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the minutes of the meeting at which time same is passed and
adopted.
PASSED, APPROVED and OPTED this 12th doy of April 1994.
PRESIDENT
ATTEST:
V
City Clerk
e ity
Hermosa
APPROVED AS TO FORM:
r'x�- L YL,'
City Attorney
1 a d`MAYOR OT rhe city oT
1. alifornia
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. 94-5671 was duly and
regularly passed, approved and adopted by the City Council of
the City of Hermosa Beach at a Regular Meeting of said Council
at the regular place thereof on April 12, 1994.
-AYES:
NOES
ABSTAIN:
ABSENT:
DATED:
The vote was as follows:
Benz, Bowler, Reviczky, Mayor Edgerton
None
None
Oakes
April 14, 1994
Deputy City Clerk
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TABLE OF CONTENTS
ARTICLE SUBJECT PAGE
11...............................................ACCESS TO WORK STATION............................................................ 4
42...............................................AGENCY SHOP......................................................................................18
16...............................................ARBITRATION......................................................................................
7
36...............................................BEREAVEMENT LEAVE......................................................................16
12...............................................BULLETIN BOARDS .............................................................................
4
48...............................................CHECK CASHING .................................................................................
22
52...............................................CITY/UNION MEETINGS.....................................................................24
61...............................................CODE OF ETHICS .................... .............................................................
28
22...............................................COMPENSATORY TOM ......................................................................
10
28 ............................................... CONSTITUTIONALITY ....................... ..... ..... .... ..................... ..............
13
51
...............................................DEFERRED COMPENSATION............................................................
24
53
...............................................DISCIPLINE, SUSPENSION, DISCHARGE .........................................
24
31
...............................................EDUCATIONAL INCENTIVE ...............................................................
13
27...............................................EMPLOYEE INFORMATIONAL BOOKLET .....................................
13
5...............................................FULL UNDERSTANDING„ MODIFICATION, WAIVER ......6.......6...
1
60
...............................................FURTHER STUDIES ............................................... 6..............................
28
15...............................................GRIEVANCE/APPEAL OF DISCIPLINE ......................
5
14...............................................HEALTH AND WELFARE ....................................................................
5
29...............................................HIGHER CLASSIFICATION PAY.......................................................13
18
...............................................HOLD HARMLESS................................................................................
8
35
...............................................HOLIDAYS.............................................................................................15
21
...............................................HOURS AND OVER TIME....................................................................
9
19...............................................JOB DESCRIPTIONS AND CLASSIFICATIONS................................
8
58...............................................JURY DDUTY.•..•....................... ................................................................
27
54 ............................................... LAYOFF ........... ......................... ..... ..... .... .................................. ..............
24
23 ............................................... LOCKERS...............................................................................................10
44...............................................LONG TERM DISABILITY..................................................................19
39...............................................LONGEVITY..........................................................................................17
17...............................................MAINTENANCE OF MEMBERSHIP ...................................................
8
6...............................................MANAGEMENT RIGHTS .....................................................................
2
57...............................................MILITARY LEAVE PAY.......................................................................
27
3— ............... o ................. o .......... MUTUAL RECOMMENDATION.........................................................
1
7...............................................NON—DISCRIMINATION.............................................................6........
3
32 .................. ............................. ON—THE—JOB—TRAINING.....................................................................
14
40..o ............................................ TEMPORARY, SEASONAL AND
SUMMER YOUTH EMPLOYMENT.....................................17
1...............................................PARTIES TO THE MEMORANDUM ..................................................
1
9...............................................PAYROLL DEDUCTION.......................................................................
3
46...............................................PREMIUM PAY......................................................................................
20
34...............................................PROBATION..........................................................................................15
41 ........... ............. ....................... PRODUCTIVITY... ..... ............................................................................
18
30...............................................PROPER CLASSIFICATION COMPENSATION ............................ ....13
43...............................................PUBLIC SERVICE TIME......................................................................19
10...............................................REASONABLE NOTICE.......................................................................
3
2...............................................RECOGNI'TION......................................................................................
1
45...............................................REDUCED HOURS POSITIONS.......... ..... ........ ..... .... .............. ...... ......0
19
56...............................................REDUCTION IN LIEU OF LAYOFF....................................................
26
24...............................................REPORT PAY AND COURT PAY........................................................10
`�✓ 20...............................................REST PERIOD........................................................................................
9
50...............................................RETIREMENT........................................................................................
23
55...............................................RETURN TO WORK FROM LAYOFF ................................................
25
4...............................................SCOPE OF IMPLEMENTATION.........................................................
1
49...............................................SCHEDULING FOR COMMUNITY SERVICES
AND PUBLIC WORKS............................................................22
� 59...............................................SELECTION OF INDUSTRIAL ACCIDENT
DOCTOR OR MEDICAL FACILITY AND
CONTINUATION OF HEALTH BENEFITS ......................... 28
13...............................................SENIORITY...................................................................................0.00.0... 4
26...............................................SHIFT DIFFERENTIAL ......................................................................... 12
25...............................................SICK LEAVE..........................................................................................11
8...............................................STEWARDS ADMINISTRATIVE LEAVE........................................... 3
62...............................................TERM OF CONTRACT ......................................................................... 28
37...............................................UNIFORMS.............................................................................................16
33 ............................................... VACATIONS ........................................................................................... 14
38...............................................WAGE RATE .......................................................................................... 16
`r
MEMORANDUM OF UNDERSTANDING
FOR THE
CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL
AND MEDICAL EMPLOYEES UNION, LOCAL 911
GENERAL AND SUPERVISORY EMPLOYEE81 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 rep-
resentative for all employees who are or become employed in those
job classifications contained on Exhibit "A", which is attached
hereto and made a part of this Agreement. The parties recognize
that this Agreement contains wages, benefits and working condi-
tions 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 mat-
ters 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
,lft� 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.
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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 judgement 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 managements rights shall impact on em-
ployees of the bargaining unit, the City agrees to meet and con-
fer 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.
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16. Determine policy affecting the selection of new
employees.
�..i' 17. Determine the establishment of quality and quantity
standards and the judgement 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
The City shall not discriminate against any employee because of
race, color, age, creed, national origin, sex, disability, medi-
cal condition, martial status, or union activities in any matter.
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 Depart-
ment. 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 stew-
ards upon request by the City.
ARTICLE 9 - PAYROLL DEDUCTION
It is mutually agreed that the City will, during the term of this
Agreement, deduct monies 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 mailed
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r, (via the United States postal service) to each authorized rep-
resentative of the recognized employee organization shall con-
stitute 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 WORK STATION
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 work-
ing hours. It is agreed that there will be as little inter-
ference 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 Stew-
ard 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
\"Or, bulletin board locations where the recreational, health and wel-
fare, social affairs, notices of meetings or elections and ap-
pointments 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 ap-
pointments, 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 ser-
vice 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.
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D. Seniority shall be terminated by discharge or other termina-
tion 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 September 1, 1993.
B. Current Health, Dental, Long Term Disability, Vision, Psy-
chological 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.
C. City shall provide a life insurance policy for each employee,
payable in the amount of $20,000 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 in-
surance 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 es-
tablishing 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,
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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 sur-
rounding the Grievance/Appeal and detailing the specific provi-
sions of this agreement alleged to have been violated, and pres-
ented 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 presenta-
tion 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 11
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 par-
ticipated in the decision to administer discipline, to the Per-
sonnel 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 stew-
ard 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 desig-
nee) may invite other members of management to be present at such
meeting. The Department Director/Personnel Director (or desig-
nee) 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 writ-
ten 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 Cal-
ifornia 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 dis-
cuss the grievance/appeal. Such meeting will take place within
ten (10) calendar days from the date the grievance/appeal is re-
ferred 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 par-
ty 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 Arbitra-
tion shall be made within twenty (20) calendar days of the con-
clusion 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 Media-
tion and Conciliation Service by alternate striking of names un-
til 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 wit-
ness, 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.
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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 pre-
scribed 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, au-
thority, 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 be-
come members shall remain as members in good standing of the
1.4w, Union as a condition of employment for the term of this Agree-
ment. 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 re-
view job descriptions and formal class specifications.
B. It is further agreed that when a class specification is cre-
ated or revised, 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 a 15 -minute rest period in accor-
dance with departmental rules during each half of the regular
workday or regular work shift.
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1. These rest periods will not be taken at the beginning or
end of either half of the regular workday or work shift.
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 facili-
ty 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 compen-
sation 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.
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 com-
pensatory 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
- 9 -
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 actu-
ally 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 re-
port 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 re-
placement on that list for a period of six (6) months.
B. It is agreed that all employees shall receive either a mini-
mum 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 call -
out and shall not be considered as hours worked for calculation
of FLSA overtime.
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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 compensa-
tion 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 dis-
ability 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 stat-
ing 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 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
second 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 em-
ployees shall maintain a balance to 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 ac-
crued sick leave at 100%. The annual date shall be the em-
ployee'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.
H. Final Year Cash -In
1. Upon eligibility for service retirement, an employee
covered by this agreement may declare their intention to service
retire twelve (12) months in advance of their service retirement
`,r date.
2. Upon this declaration of intent to retire, the employee
may elect to receive the cash value of their monthly sick leave
accrual (6 hours per month) included as part of their base month-
ly salary in lieu of receiving further sick leave accrual. Said
cash value shall be determined at the employee's current rate of
pay.
3. At no time shall this additional compensation so received
act in any way to increase any other premium pays (e.g. longevi-
ty, etc.) which are computed as a percentage of base pay, nor
shall the cash value of said sick leave be included in the com-
putation of the value of any accrual cash -outs.
4. The intent of this Article 25(H) is to increase the em-
ployee's final year compensation for the calculation of service
retirement benefits under the P.E.R.S.
5. It is mutually recognized that effective June 301 1994 the
provision of Article 25 H will no longer be authorized under
P.E.R.S. law and, therefore, the practice of "final year conver-
sion of accruals" shall cease on that date.
ARTICLE 26 - SHIFT DIFFERENTIAL
A. All employees covered by this agreement working the swing
shift shall receive fifty-one cents (.51) per hour shift dif-
ferential pay. All employees working the night shift shall
Iftw, 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 mem-
ber claims shift differential pay. Any employee who is compen-
sated 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).
C. Police Department:
1. It is agreed that in the Police Department Police Service
Officers, Public Safety Dispatchers and Community Services
Officers/Supervisors (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.
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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 ef-
fort to insure that the employee receives said rest periods and
lunch breaks.
ARTICLE 27 - EMPLOYEE INFORMATIONAL BOOKLET
A. 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 unconstitution-
al, 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.
ARTICLE 30 - PROPER CLASSIFICATION COMPENSATION
Upon promotion, step increases shall be calculated based on the
anniversary date of the promotion.
ARTICLE 31 - EDUCATIONAL INCENTIVE
A. The City agrees that Union members who desire to enroll in
training and/or academic courses at a State of California ap-
proved and/or recognized college or university that may provide
the employee with general or specific skills and/or knowledge
that contributes to their ability to perform their current posi-
tion or enhances promotional opportunities, shall have their
course fees, books, materials and tuitions (up to CSU rates) paid
by the City in advance subject to the approval of the City Man-
ager. 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.
- 13 -
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
1. 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 commenc-
ing with the second one; Certificates eligible for bonus are:
Building Inspector
Plumbing Inspector
Combination Inspector
Uniform Fire Code
Electrical Inspector
Mechanical Inspector
Plans Examiner
Rehabilitation/
Conservation Inspector
2. The City shall reimburse the employee for certification and
re -certification costs associated with certification
examinations.
ARTICLE 32 - ON -THE -JOB -TRAINING
The City will make available on -the -job -training to those em-
ployees who exhibit a need and the motivation for such training.
Employees desiring such training shall make a written request to
,loop/ Employees
Department's Director.
ARTICLE 33 - VACATIONS
A. It is agreed that all employees covered by this Agreement
shall accrue vacation as follows:
Years of Service Accrued Per Year
* Probation Period 1st Year 48 hour Award
Commencing with: 2nd Year 80 hours
4th Year 96 hours
6th Year 112 hours
10th Year 128 hours
14th Year 144 hours
18th Year 160 hours
B. *For initial new hires, there shall be no accrual of vacation
during the twelve (12) months of probationary service. commenc-
ing with the thirteenth (13th) full month of service, the em-
ployee 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.
- 14 -
U
D. All employees may cash in one-half (1/2) of days accumulated
in one year upon utilization of one-half (1/2) of days accrued
during that year.
E. Vacation may be accrued up to a thirty (30) month accrual
level, with an automatic cash out for hours above that amount.
F. Retirement Conversion of Vacation Accrual
1. Upon eligibility for service retirement, an employee
covered by this agreement may declare their intention to service
retire twelve (12) months in advance of their service retirement
date.
2. Upon this declaration of intent to retire, the employee
may elect to receive the cash value of their monthly vacation
accrual included as part of their base monthly salary in lieu of
receiving further vacation accrual. Said cash value shall be
determined at the employee's current rate of pay.
3. At no time shall this additional compensation so received
act in any way to increase any other premium pays (e.g. Longevi-
ty, etc.) which are computed as a percentage of base pay, nor
shall the cash value of said vacation accrual be included in the
computation of the value of any accrual cash -outs.
4. The intent of this Article is to increase the employee's
final year compensation for the calculation of Service retirement
benefit under the P.E.R.S.
5. It is mutually recognized that effective June 31, 1994 the
provision of Article 33 F will no longer be authorized under
P.E.R.S. law and, therefore, the practice of "final year conver-
sion of accruals" shall cease on that date.
ARTICLE 34 - PROBATION
A. All employees covered by this agreement shall have a proba-
tionary 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 off with
pay 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) shifts per calendar year to be utilized for Bereave-
ment Leave because of a death in their immediate family. Immedi-
ate 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 sub-
stitute other members for those members defined as "immediate
family." The intent of this provision is not to expand the num-
ber 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 mem-
bers in the Public Works Department in accordance with past prac-
tice 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 service-
able uniform, shall be provided with the department prescribed
initial clothing necessary to perform their assignment, including
shoes and j acket .
=tom
05
C. After the employee has twelve (12) months of continuous ser-
vice, the City shall then provide $18.75 per month for the pur-
pose of uniform maintenance and replacement.
D. Effective March 1, 1994 uniform allowance shall be increased
to $25.00 per month.
E. Uniforms shall be worn and maintained in conformance with
established department standards.
ARTICLE 38 - WAGE RATE
A. Effective September 1, 1993 the wage rates shall be as
described in Exhibit "A".
1. The Account Clerk classification shall, effective
Sept. 1. 1993, be placed at the previous Technical
Aide salary range.
B. The City and Union shall meet and confer to establish a wage
increase, if any, for the period September 1, 1994 through August
31, 1995.
C. The City and Union shall meet and confer to establish a wage
increase, if any, for the period September 1, 1995 through August
31, 1996. In addition, Union and City may each raise two (2)
additional items for negotiation.
D. The City and the Union agree that salary steps for all clas-
sifications 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, ap-
pointment 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 advance-
ment 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.
- 17 -
U
M
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 af-
fect any longevity pay earned prior to July 1, 1985.
ARTICLE 40 - TEMPORARY, SEASONAL AND SUMMER YOUTH EMPLOYMENT
A. Temporary employees may be hired on an "as needed" basis for
a maximum of six (6) consecutive months. Said employees shall
receive no benefits. The Union will be informed in writing by
the Personnel Department of all part-time temporary employees.
The hiring of temporary employees is subject to the grievance
procedure. The Union shall be advised prior to any extension of
a temporary appointment beyond six months.
B. Seasonal workers for the Police Department, Community Ser-
vices Division, may be hired for the period from May 1 through
September 15 of each year. Such employees shall be paid on an
hourly basis with no benefits. Seasonal workers may work forty
(40) hours per week. Seasonal workers duties are restricted to
parking enforcement, booth attendant and clerk typist duties.
C. Summer youths may be hired on a city-wide department basis at
thirty-nine (39) hours per week for the period from June 15
through September 15th.
D. Facility Aides/Theater Technicians in the Community Resources
Department will generally work twenty (20) hours per week. There
are no maximum months of employment. Said employees shall
receive no benefits. The Union shall be informed in writing by
the Personnel Department of appointments.
E. Employment of participants in programs that involve disabled,
seniors, etc., will be limited by the guidelines of the particu-
lar program.
F. Generally, the intern program shall have a maximum employment
period of two (2) years.
ARTICLE 41 - PRODUCTIVITY
The City and the Union mutually agree to continually seek means
of increasing productivity among the several City departments.
- 18 -
ARTICLE 42 - AGENCY SHOP
In conformance with Clauses 18 and 19 and consistent with AB
1966, City and Union agree to the following Agency Shop clause:
A. Eligibility
1. All employees who are 911 members in good standing or who
have made application for membership as of July 1, 1978, and em-
ployees who thereafter become members shall remain as members in
good standing of the Union as a condition of employment.
2. Employees hired after January 1, 1982, shall either join
911 as a full member or pay an appropriate service fee to offset
911 meet and confer expenses only upon completion of their proba-
tion period or six months consecutive service, whichever shall
occur first.
B. Applicability
1. For the term of this agreement.
C. Religious Exemption
1. An employee may, through completion of a Religious Exemp-
tion Statement be relieved from either joining 911 or paying the
established service fee.
D. Service Fee
1. In lieu of joining 911, any employee hired after January 1,
1982, may, in lieu of such membership pay a service fee equal to
two-thirds (2/3) of the monthly dues rate to compensate 911 for
meet and confer representing expenses. Said fee to be paid
through payroll deductions.
E. Enforcement
1. Consistent with Article 19 of this MOU, Union shall be le-
gally responsible for enforcement of this Article.
F. Notification
1. The City and Union shall jointly notify all members of the
representation unit that they are required to pay dues or a ser-
vice fee as a condition of continued employment and that such
amounts will be automatically deducted from their paychecks. The
religious exclusion will also be explained. The cost of this
communication and the responsibility for its distribution shall
be borne by Management.
ARTICLE 43 - LONG TERM DISABILITY
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.
- 19 -
ARTICLE 44 - REDUCED HOUR POSITIONS
�...f 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 City paid Medical and Dental premiums shall cover
the employee only. These employees shall have their pay calcu-
lated 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.
V'-0-1
B. Completion of a probationary period in a position of at least
twenty (20) 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
(4 0) 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 consid-
eration 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 deter-
mined 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 PERS. 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 in-
quires, 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
- 20 -
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 per-
forms these additional tasks and is eligible for Senior Clerk
Typist premium. The approval of the Department Director and the
Personnel Director is required.
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 l0% premium noted above. At that time
a 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 pro-
vide 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 increment upon comple-
tion of a general systems operator class and 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
- 21 -
P.S.D.T.O. Premium Pay in the amount of $7.50 for each shift so
assigned training duties.
1%0001
2. Eligibility for compensation as a P.S.T.O. shall be anno-
tated 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 Of-
ficer 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 7% premium above base
salary while so assigned. An individual so assigned may be
removed with cause.
2. The Lead Police Service Officer shall meet the criteria,
and be responsible for the duties, listed in "Exhibit C" attached
hereto.
3. Effective April 1, 1995 the Lead Police Service Officer
premium shall be increased to 10% above base salary.
E. Lead Public Safety Dispatcher Premium
1. An individual in the classification of Public Safety Dis-
patcher 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 7% premium above
base salary while so assigned. An individual so selected may be
removed with cause.
2. The Lead Public Safety Dispatcher shall meet the criteria,
and be responsible for the duties, listed in "Exhibit D" attached
hereto.
3. Effective April 1, 1995 the Lead Public Safety Dispatcher
premium shall be increased to 10% above base salary.
F. Finance Supervisor Premium
1. An individual assigned to the Finance Department may be
selected by the Finance Director to serve in an assignment as
Finance Supervisor and shall receive a 7% premium above base sal-
ary while so assigned. Any individual so selected may be removed
with cause.
2. The Finance Supervisor shall meet the criteria, and be
responsible for the duties, listed in "Exhibit E" attached
hereto.
3. Effective April 1, 1995 the Finance Supervisor premium
shall be increased to 10% above base salary.
- 22 -
G. 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 as described in "Exhibit F" (attached
hereto) as certified by the Public Works Superintendent and ap-
proved by the Public Works Director may be selected to receive a
5% premium above base salary while assigned the designated duties
(limit one individual per premium category).
2. Effective April 1, 1995 the Public Works Department premi-
ums designated in 1 above shall be increased to 7% above base
salary.
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 (inclusive of any employees designated from
the Administrative Unit), 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
IT.d 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. Ap-
plicants must successfully pass the the examination to be
eligible for bilingual premium. Periodic evaluation of incum-
bents receiving bilingual skill premium will be required.
4. Should there be more than three (3) applicants for bilin-
gual premium, the City reserves the right to select the applicant
who best meets the need 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 muliple shift coverage.
ARTICLE 46 - JOB SHARING
Subject to Civil Service hiring requirements, City may allow em-
ployees 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 posi-
tion, for employee only. These employees shall have their pay
- 23 -
calculated on an hourly basis and shall accrue vacation, holi-
day,and sick leave proportional to regular hours worked. Desig-
nated 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 of the employee's choice or to the
the Credit Union.
ARTICLE 48 - SCHEDULING FOR POLICE AND PUBLIC WORKS DEPARTMENTS
A. Community Services Division:
1. Police Department personnel assigned to the field opera-
tions 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. Officers
may elect to switch schedules at the commencement of.a schedule
rotation.
2. 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.
3. 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 for-
ty (40) hours in a workweek as defined in Article 21.
4. All open shifts shall be filled as the department hires
from the certified Civil Service list and their ranking in
eligibility.
5. 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.
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 Depart-
ment, Jail and Dispatch divisions:
a. Seniority shall be the determining factor.
b. For the purpose of shift selection, seniority shall be
defined as:
ti✓ (1) Length of continuous service within the classification,
to commence with the hire date of said classification.
- 24 -
`.d
(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, consis-
tent with those of sworn personnel in the Police Department.
3. Union employees must change their shift at least once with-
in that year, unless management and the employee mutually agree
that the employee may remain on the same shift.
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 accom-
plished. The Union and Police Department Management agree to
meet and confer to discuss options of meeting such staffing
requirements.
C. Public Works
1. Public Works employees working in field operations shall
work a 9/80 schedule unless otherwise modified by mutual agree-
ment between the City and Union.
ARTICLE 49 - RETIREMENT
A. Employees covered by this agreement shall be afforded the
miscellaneous retirement plan offered by PERS 2% at 60 plan, one
year highest compensation, as in effect on September 1, 1988.
1. Effective with the execution of this agreement, City agrees
to contract with PERS to conduct an actuarial study to determine
the cost of the 2% @ 55 amendment and the amendment to allow
credit for the City paid 7% employee contribution (EPMC). It is
the intent of the parties to have said actuarial studies con-
cluded prior to September 1, 1994 and to meet and confer regard-
ing enhancement to the existing PERS contract in conjunction with
the salary reopener set forth in Article 38.
B. City shall assume all of the employee retirement cost (PERS).
C. Effective September 1, 1988 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 mini-
mum 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 mini-
mum of twenty (20) years continuous service, a $60.00 (or cost of
policy whichever is less) per month medical insurance supplement,
- 25 -
05
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 follow-
ing 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 medi-
cal 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 Plan's established and adopted by the City
of Hermosa Beach.
ARTICLE 51 - CITY/UNION MEETINGS
A. Commencing September 1, 1993, it is agreed that the Manage-
ment Team will meet with the Union Representative(s) when re-
quested by the Union to best effect implementation of this
document.
B. City agrees to meet and consult to discuss each City Depart-
ment's current absenteeism policy. The intent of these discus-
sions are to initiate a process leading toward formulation and
development of a uniform city-wide absenteeism policy.
- 26 -
ARTICLE 52 — DISCIPLINEo SUSPENSION, DISCHARGE
A. The City understands the value of progressive discipline and
�.r' 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)
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 judgement 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 em-
ployment 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 pro-
visional employees in the affected class or classes shall be laid
off prior to the layoff of any probationary employee; all proba-
tionary 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 ap-
plied 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.
- 27 -
F. Date of hire shall include all City service including CETA
and FEEA time but not part time/no benefit service.
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 depart-
ment lines, the junior employee in said classification shall
receive the layoff regardless of department as outlined in para-
graphs D, E and F.
ARTICLE 54 - RETURN TO WORK FROM LAYOFF
A. It is mutually agreed that the names of probationary and per-
manent employees laid off shall be placed upon an eligibility
list for classes which, in the opinion of the City Manager, re-
quire essentially the same qualifications and duties and respon-
sibilities 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 clas-
sification 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 post-
al service. Notice of recall will also be forwarded to the
recognized bargaining agent. Employees to be laid off shall sub-
mit to the Personnel office their current address at the time of
- 28 -
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 54 Layoff, paragraphs D. E and F.
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 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
�.r higher class before such reduction.
C. For purposes of future step advancement, accrued time in the
higher classification step shall be retained.
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
11 1986, shall be eligible to receive his/her salary from the
City while on military leave in accordance with past practice.
- 29 -
ARTICLE 57 - JURY DUTY
,*mow The City will not provide jury duty leave pay to employees. If
the State or Federal Court jury commissioners change, amend, al-
ter, or otherwise rescind their present policy of granting exemp-
tions 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 pro-
hibited 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 facili-
ties 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.
,--� B. Effective September 1, 1988 an employee who suffers an inju-
ry -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. 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 - FURTHER STUDIES
The City and Union jointly recognize that certain matters need
further study and development during the term of this MOU. It is
therefore agreed that the following matters will be addressed:
1. Reclassification study for the position of Clerk Typist in
the Detective Bureau/Police Department;
2. Reclassification study for the position of Police
Department Clerk Typist assigned coordination of P.O.S.T.
training Manager duties;
3. Reclassification and/or unit determination study for the
position of Secretary assigned to General Appropriations;
4. Separation and modification of Grievance/Appeal of
Discipline article (to be completed by June 15, 1994);
5. Layoff procedures/Reduction in lieu (to be completed by
May -15-94).
- 30 -
ARTICLE 60 - TERM OF AGREEMENT
This agreement shall commence September 1, 1993 and continue un-
til midnight August 31, 1996.
IN WITNESS WHEREOF, the parties hereto cause this Agreement to be
executed this 44"26 day of A.pxil, 1994.
MAI
CALIFORNIA TEAMSTERS PUBLIC,
PROFESSIONAL & MEDICAL EMPLOYEES
UNION, LOCAL 911
Raymond Whitmer
President, Local {�9�(L1/11
net Dreste
City Hall Union Steward
Ron Fox —�
Police Union Steward
C k -",
Chris Kelly
Supervisorx Union Steward
Jcin Triggs 'I V
Public Works Union Steward
contract/teamster
- 31 -
CITY OF HERMOSA BEACH
4 "
Stn"hllqe. Burrell
Ci da",
od Le
Robert A. Blackwood
Personnel Director
Viki Copeland
Finance Director
EXHIBIT A
GENERAL/SUPERVISORY EMPLOYEES BARGAINING UNIT
EFFECTIVE SEPTEMBER 1, 1993
— 32 —
A
B
C
D
E
BUILDING INSPECTOR
2778
2917
3063
3216
3377
BUSINESS LICENSE INSPECTOR
2633
2765
2903
3048
3200
ENGINEERING TECH.
2633
2765
2903
3048
3200
ASSISTANT PLANNER
2570
2698
2833
2975
3124
ACCOUNTANT
2358
2476
2600
2730
2867
PLANNING AIDE
2256
2369
2487
2611
2742
COURT LIAISON OFFICER
2250
2363
2481
2605
2735
POLICE SERVICE OFFICER
2250
2363
2481
2605
2735
PROPERTY & EVIDENCE TECHNICIAN
2250
2363
2481
2605
2735
PUBLIC SAFETY DISPATCHER
2250
2363
2481
2605
2735
,ter SECRETARY
2203
2313
2429
2550
2678
SENIOR ACCOUNT CLERK
2203
2313
2429
2550
2678
EQUIPMENT MECHANIC
2097
2202
2312
2428
2549
SWEEPER OPERATOR
2097
2202
2312
2428
2549
MAINTENANCE II
1999
2099
2204
2314
2430
COMMUNITY SERVICES OFFICER
1999
2099
2204
2314
2430
PARKING METER MAINT. TECH.
1999
2099
2204
2314
2430
ACCOUNT CLERK
1999
2099
2204
2314
2430
POLICE RECORDS CLERK
1883
1977
2076
2180
2289
CLERK TYPIST
1794
1884
1978.
2077
2181
MAINTENANCE I
1794
1884
1978
2077
2181
CUSTODIAN
1640
1722
1808
1898
1993
SUPERVISORY
CLASSIFICATIONS
A
B
C
D
E
PUBLIC WORKS CREWLEADER
2516
2642
2774
2913
3059
SENIOR EQUIPMENT MECHANIC
2516
2642
2774
2913
3059
%no/
PARKING METER SPECIALIST
2437
2559
2687
2821
2962
COMMUNITY SERVICE FIELD
2437
2559
2687
2821
2962
SUPERVISOR
— 32 —
EXHIBIT B
l.�
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. Contacts 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;
fir'
lq' 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
teleprocessing concepts;
6. 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.
contract/misexc
EXHIBIT C
LEAD POLICE SERVICE OFFICER CRITERIA/DUTIES
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
meetings 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.
rab/leadpso
2/25/94
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 division.
rab/leaddis
2/25/94
- 1 -
EXHIBIT E
FINANCE SUPERVISOR CRITERIA/DUTIES
�.✓ 1. Must have an intimate knowledge of the inner workings of
all the functioning aspects of the department and have
been performing allasigned duties at a satisfactory or
higher level.
2. Must be able to effectively communicate with all
departmental and other City personnel.
3. Will be responsible for the generation of council agenda
items and may be required to make presentations at city
council or other city commission meetings.
4. Shall be responsible for recommending policies,
procedures and other improvements for departmental
operations.
5. May be required to represent the department in various
situations and at various commissions, ad hoc groups,
citizen or other meetings that relate to the business of
the department.
6. Will be required to deal effectively with personnel
matters and, in doing so, maintain total
confidentiality.
7. Must have the ability to make responsible and prudent
decisions in all assigned areas that pertain to the
functions of the department.
8. Shall participate in and coordinate the performance
evaluation of assigned personnel.
9. Shall be responsible for the supervision of assigned
accounting and administrative personnel.
10. Must be capable of organizing and coordinating tasks
required to successfully complete assigned projects.
rab/finprem
1/25/94
EXHIBIT F
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
Building 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 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
fir' right-of-way.
6. Will be responsible for the supervision of small
construction crews.
7. Must have the ability to prioritize job requests and
train and supervise other employees.
RAB/prems
1/25/94
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Article 43 - Lona Term Disability
B. FAMILY AND MEDICAL CARE LEAVE
1. 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. �4
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 cont' o accrue during the
period of FMLA leave.
Chris Kelly, Union Steward
Ron Fox, Union Steward
John Triggs, Unon Steward
Robert A. Blackwood, Personnel Director
DISC/94-001/RAB/teamfm1a
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Effective July 1, 1994 Article 53 - Lavoff is revised by adding the following section:
J. Employees laid -off shall have the City paid portion of their
medical insurance premiums, paid for two months following the
date of lay-off.
and;
Effective July 1, 1994 Article 55 - Reduction in Lieu of Lavoff is revised by adding the
following section.
D. An employee whose position is abolished shall be permitted
to continue in service in a lateral position 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.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized
representatives to execute this Supplemental Memorandum of Understanding this
7 day of DCT 1994.
Steph n' . Burrell
City Manager
Chris Kelly
Supervisory Union Steward
1
Fon Fox
T�
Police Union Steward
John Triggs
Public Works Union Steward
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MEMORANDUM OF UNDERSTANDING
FOR THE
CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL
AND MEDICAL EMPLOYEES UNION, LOCAL 911
ADMINISTRATIVE 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 rep-
resentative for all employees who are or become employed in those
job classifications contained on Exhibit "A", which is attached
hereto and made a part of this Agreement. The parties recognize
li4w� that this Agreement contains wages, benefits and working condi-
tions 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 mat-
ters 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.
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M
B. Except as specifically provided herein, it is
understood that each party hereto voluntarily and
waives its right, and agrees that the other shall
to negotiate with respect to any subject or matte
during the term of this agreement.
agreed and
unqualifiedly
not be required
r covered herein
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 judgement 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 managements rights shall impact on em-
ployees of the bargaining unit, the City agrees to meet and con-
fer 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.
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,N"001
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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 judgement 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
The City shall not discriminate against any employee because of
race, color, age, creed, national origin, sex, handicap, medical
condition, martial status, or union activities in any matter.
ARTICLE 8 - STEWARDS ADMINISTRATIVE LEAVE
A. The City shall provide a total of one shift per steward per
year for use in attending employer-employee related seminars,
conferences, etc., with the concurrence of the Personnel Depart-
ment. It is agreed that for the purpose 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 stew-
ards upon request by the City.
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ARTICLE 9 - PAYROLL DEDUCTION
It is mutually agreed that the City will, during the term of this
Agreement, deduct monies 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 mailed
(via the United States postal service) to each authorized rep-
resentative of the recognized employee organization shall con-
stitute 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 WORK STATION
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 work-
ing hours. It is agreed that there will be as little inter-
ference as possible by the Union Business Representative or Shop
\%or/ Steward during the working hours of said employee and efforts
will be made to minimize work time spent by either the Shop Stew-
ard 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.
1 40/
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 wel-
fare, social affairs, notices of meetings or elections and ap-
pointments 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.
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ARTICLE 13 - SENIORITY
A. Seniority shall be the determining factor in all acting ap-
pointments, promotions, and transfers within the unit. Seniority
as herein shall be defined as the last date of hire with the
City, and as herein 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 ser-
vice 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 termina-
tion of employment (except in cases of layoff).
ARTICLE 14 - HEALTH AND WELFARE
A. The City will have full responsibility for all Health and
lft. Welfare programs enacted or enforced as of September 1, 1993.
U
B. Current Health, Dental, Long Term Disability, Vision, Psy-
chological 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.
C. City shall provide a life insurance policy for each employee,
payable in the amount of $20,000 upon such employee's death.
D. The City will pay for employee's Long Term Disability and
Life Insurance, the employee and one dependent for health in-
surance 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 health insurance cost-containment measures and to con-
tinue 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.
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ARTICLE 15 — GRIEVANCES/APPEAL OF DISCIPLINE
\,"', A. Purpose of Grievance/Appeal procedures:
1. To promote improved employer-employee relations by es-
tablishing 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 must be processed with Union participation.
E. STEP 1 - 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, or in the case of an
appeal of discipline a written statement outlining the basis of
the appeal, signed and dated by the employee 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 ex-
pected to have had knowledge. The supervisor or management rep-
resentative 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.
,4wlo, 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
=01 -IM
by a Department Director or where the Department Director par-
ticipated in the decision to administer discipline, to the Per-
sonnel 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 stew-
ard 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 desig-
nee) may invite other members of management to be present at such
meeting. The Department Director (or designee) will give a writ-
ten reply by the end of the seventh (7th) calendar day following
the date of the meeting, and the giving of such reply will termi-
nate 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 writ-
ten 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 Cal-
ifornia 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 the City Manager or his designee shall, within seven (7) cal-
endar 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 shall 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 par-
ty 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
\%501 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.
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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 Arbitra-
tion shall be made within twenty (20) calendar days of the con-
clusion 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 Media-
tion and Conciliation Service by alternate striking of names un-
til 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 wit-
ness. The Employer 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,
lft� 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 pre-
scribed 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, au-
thority, 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
appeal at a time without the express agreement
the Union. The parties shall share equally the
cost of the arbitration, with the exception of
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one grievance/
of the City and
expense of the
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 be-
come members shall remain as members in good standing of the
Union as a condition of employment for the term of this Agree-
ment. 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 18.
ARTICLE 19 - JOB DESCRIPTIONS AND CLASSIFICATIONS
A. City and Union reaffirm their mutual intent to regularly re-
view job descriptions and formal class specifications.
B. It is further agreed that when a new class specification is
created or revised, the parties will meet and attempt to reach
agreement on the proposed classification, pay and job
tip.►' description.
ARTICLE 20 - REST PERIOD
A. Employees shall be allowed a 15 -minute rest period in accor-
dance with departmental rules during each half of the regular
workday or regular work shift.
1. These rest periods will not be taken at the beginning or
end of either half of the regular work day or work shift.
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 facili-
ty although it is recognized that purchases may be made in the
vicinity during the rest period.
ARTICLE 21 - EXEMPT EMPLOYEES
A. For FLSA purposes a "WORK WEEK" shall be defined as commenc-
ing at 0001 hours Sunday and terminating at 2400 hours Saturday.
B. All employees who occupy positions within the classifications
listed in the attached Exhibit "A" are designated as exempt under
FLSA.
C. It is agreed that the City shall give all employees covered
by this agreement "Administrative Time" off at the rate of
straight time for all hours worked in excess of their regularly
scheduled work shift. Said "Administrative Time" may be accrued
up to fifty (50) hours. No additional hours in excess of fifty
(50) shall be accrued. Should an employee's accrual reach fifty
(50) hours, they shall be frozen at that amount until such time
as their accrual balance falls below fifty (50) hours. Effective
September 1, 1991, there shall be no monetary value for "Ad-
ministrative Time".
D. Accumulation and use of "Administrative Time" shall be im-
mediately annotated on an exception slip and processed through
the appropriate department as part of the payroll process.
E. If an Administrative employee is performing strictly subordi-
nate duties in an overtime situation, said employee shall be com-
pensated at the over -time rate described in the General Employees
Agreement.
ARTICLE 22 - PREMIUM PAY
A. ADMINISTRATIVE AIDE/SECRETARY TO DEPT. DIRECTOR & CITY
MANAGER/DEPUTY CITY CLERK
1. Any Administrative Aide, Secretary to Department Director,
d..I Secretary to City Manager, or Deputy City Clerk who qualifies for
premium pay shall receive five percent (5%) above their base pay
thirty (30) days after meeting the qualifications; and, an addi-
tional five percent (5%) one year thereafter.
2. Said premium, being compensation for regular and continuing
duties, shall be included in any sick leave up to and including
ten (10) consecutive days, vacation leave, vacation cash -out,
holidays, and shall be subject to P.E.R.S..
3. Eligibility for this premium pay shall be formalized on a
personnel action form.
4. An Administrative Aide/Secretary to Department Director/
Secretary to City Manager/Deputy City Clerk will be eligible for
premium pay when in the course of their duties they perform the
following additional tasks:
a. Report directly to a City Administrator and may, at times,
act as the City Administrator's liaison between that person and
other persons in the transaction of City business.
b. Must have an intimate knowledge of the inner workings of
all the functioning aspects of the Department and have the abili-
ty to actively communicate with all department personnel.
14� c. Will be responsible for the generation of City Council
agenda items. Included in this is the creation of said agenda
- 10 -
item from conception to completion and submittal for the Depart-
ment Director's review and concurrence. May also be required to
make presentations at City Council meetings as well as to other
City commissions.
d. Responsible for periodic review of the Department's annual
budget and preparation of budget recommendations. In addition,
may assist in the development of the yearly budget for that
Department.
e. May be required to staff various commissions, ad hoc
groups, and various other citizen meetings that relate to the
business of the Department.
f. Will be required to transact items of a personnel nature
and, in doing so, maintain total confidentiality.
g. Must have the ability to act in a supervisory role and may
be required to perform in this capacity in the area of clerical
support staff within the Department.
h. Must have the ability to make responsible and prudent
decisions in all assigned areas that pertain to the functions of
the department.
B. Bilingual Skill Premium
\%00� 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 (inclusive of any employees designated from
the General/Supervisory Unit), 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. Ap-
plicants must successfully pass the examination to be eligible
for bilingual premium. Periodic evaluation of incumbents receiv-
ing bilingual skill premium will be required.
4. Should there be more than three (3) applicants for bilin-
gual premium, the City reserves the right to select the applicant
who best meets the need of the City. Factors to be considered in
selection include, but are not limited to, proficiency in both
speaking and writing as well as the ability to provide muliple
shift coverage.
ARTICLE 23 - SICK LEAVE
,%WW' A. Sick leave shall be used only in case of sickness or dis-
ability 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 stat-
ing 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. 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 all eligible 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
second 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 em-
ployees 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 ac-
crued sick leave at 100%. The annual date shall be the employees
choice.
G. All employees with five (5) years or more service shall be
paid one-half (1/2) of all accrued sick hours at their current
rate upon termination of employment.
H. Final Year Cash -In
1. Upon eligibility for service retirement, an employee
covered by this agreement may declare their intention to service
retire twelve (12) months in advance of their service retirement
date.
2. Upon this declaration of intent to retire, the employee
may elect to receive the cash value of their monthly sick leave
accrual (6 hours per month) included as part of their base month-
ly salary in lieu of receiving further sick leave accrual. Said
cash value shall be determined at the employee's current rate of
fir' pay.
- 12 -
3. At no time shall this additional compensation so received
act in any way to increase any other premium pays (e.g. longevi-
ty, etc.) which are computed as a percentage of base pay, nor
shall the cash value of said sick leave be included in the com-
putation of the value of any accrual cash -outs.
4. The intent of this Article 25(H) is to increase the em-
ployees• final year compensation for the calculation of service
retirement benefits under the P.E.R.S.
5. It is mutually recognized that effective June 30, 1994 the
provision of Article 24H will no longer be authorized under
P.E.R.S. law and, therefore, the practice of "final year conver-
sion of accruals" shall cease on that date.
ARTICLE 24 - CONSTITUTIONALITY
A. If any section, sub -section, sentence, clause or phrase of
this Agreement is for any reason held to be illegal or uncon-
stitutional, 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 under-
stood that the City will not have to pay any of the costs of de-
fense of this Agreement.
�.d
ARTICLE 25 - HIGHER CLASSIFICATION PAY
A. Employees covered by this Agreement who are temporarily as-
signed to a higher classification because of emergency condi-
tions, sick leave, vacation and/or relief shall receive the high-
er rate of pay commencing with the eleventh (11th) consecutive
day of such assignment.
ARTICLE 26 - PROPER CLASSIFICATION COMPENSATION
A. Upon promotion, step increases shall be calculated based on
the anniversary date of the promotion.
ARTICLE 27 - EDUCATIONAL INCENTIVE
A. The City agrees that Union members who desire to enroll in
training and/or academic courses at a State of California ap-
proved and/or recognized college or university that may provide
the employee with general or specific skills and/or knowledge
that contributes to their ability to perform their current posi-
tion or enhances promotional opportunities shall have their
course fees, books, materials and tuitions (up to CSU rates) paid
by the City in advance subject to the approval of the City Man-
ager. The employee will reimburse the City for all expenses if
the employee fails or does not complete the said courses or if
- 13 -
the employee leaves City employment during the period 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.).
ARTICLE 28 - ON -THE -JOB -TRAINING
A. The City will make available on -the -job -training to those
employees who exhibit a need and the motivation for such train-
ing. Employees desiring such training shall make a written
request to their Department's Director.
ARTICLE 29 - VACATIONS
A. It is agreed that all employees covered by this Agreement
shall accrue vacation as follows:
Years of Service Accrued Per Year
* Probation Period
1st
Year
48
hour Award
Commencing with:
2nd
Year
80
hours
" of
4th
Year
96
hours
if to
6th
Year
112
hours
" if
10th
Year
128
hours
" of
14th
Year
144
hours
" if
18th
Year
160
hours
B. *For initial new hires, there shall be no accrual of vacation
during the twelve (12) months of probationary service. Commenc-
ing with the thirteenth (13th) full month of service, the em-
ployee 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 one-half (1/2) of days accumulated
in one year upon utilization of one-half (1/2) of days accrued
during that year.
E. Vacation may be accrued up to a thirty (30) month accrual
level, with an automatic cash out for hours above that amount.
F. Retirement Conversion of Vacation Accrual
1. Upon eligibility for service retirement, an employee
covered by this agreement may declare their intention to service
retire twelve (12) months in advance of their service retirement
date.
2. Upon this declaration of intent to retire, the employee
may elect to receive the cash value of their monthly vacation
- 14 -
accrual included as part of their base monthly salary in lieu of
receiving further vacation accrual. Said cash value shall be
�✓ determined at the employee's current rate of pay.
3. At no time shall this additional compensation so received
act in any way to increase any other premium pays (e.g. longevi-
ty, etc.) which are computed as a percentage of base pay, nor
shall the cash value of said vacation accrual be included in the
computation of the value of any accrual cash -outs.
4. The intent of this article is to increase the employee's
final year compensation for the calculation of service retirement
benefit under the P.E.R.S.
5. It is mutually recognized that effective June 30, 1994 the
provision of Article 30F will no longer be authorized under
P.E.R.S. law and, therefore, the practice of "final year conver-
sion of accruals" shall cease on that date.
ARTICLE 30 - PROBATION
A. All employees covered by this agreement shall have a proba-
tionary 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 of all new hires, in writing, by the Personnel Department
of appointments.
ARTICLE 31 - 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.
11*WW C. All employees covered by this agreement working a 9/80
schedule shall receive ninety (90) hours of Holiday time per cal-
endar year. Each year of this agreement, the 9/80 holiday
- 15 -
schedule for "A" shift and "B" shift will be developed and agreed
to by Union and City.
D. Employees covered by this agreement may accrue up to 50 hours
of holiday comp. for those holidays in which compensatory time is
earned in lieu of closing City Hall.
ARTICLE 32 - BEREAVEMENT LEAVE
Each employee covered by this agreement shall receive a maximum
of three shifts 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 sub-
stitute other members for those 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 an-
other 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.
1"W� ARTICLE 33 - UNIFORMS
A. The City shall continue to provide uniforms to all Union mem-
bers in the Public Works Department in accordance with past
practice.
B. Uniforms shall be worn and maintained in conformance with
established department standards.
ARTICLE 34 - WAGE RATE
A. Effective September 1, 1993 the wage rates shall be as
described in Exhibit A.
B. The City and Union shall meet and confer to establish a wage
increase, if any, for the period September 1, 1994 through August
31, 1995.
C. The City and Union shall meet and confer to establish a wage
increase, if any, for the period September 1, 1995 through August
31, 1996. In addition Union and City may each raise two (2) ad-
ditional items for negotiations.
D. The City and 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
next pay period following the employee's anniversary of their
date of hire (1st or 16th of the month).
=V1 =
tirr'
E. Generally, initial appointments shall be made at the "A"
step. Upon the recommendation of the Department Director, ap-
pointment 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 advance-
ment shall establish a new anniversary date for future
advancements.
G. The Union and City agree that all employees covered by this
agreement should receive a performance review at least annually.
ARTICLE 35 - MERIT PAY
A. Administrative employees will be eligible to receive merit
pay. Said merit pay will range from -7.5% to +7.5% of base
monthly pay, payable for three month increments. The standard to
be considered in the performance evaluation will be timely
response to those goals and objectives established between the
employee and department director at the commencement of the
evaluation period.
1. Effective January 1, 1995 base salary ranges for
\"WJ classifications eligible for merit pay shall be
increased 2.5% and merit pay shall range from
-5% to +5%.
B. The classifications of Administrative Aide, Secretary to
Department Director, Secretary to City Manager, and Chief Deputy
City Clerk shall not be eligible for merit pay.
C. For salary comparison purposes, base salary shall be in-
creased by 5.63% (75% of maximum merit pay) to adjust for merit
pay eligibility for those classes eligible.
1. Effective January 1, 1995, coincidental to the change in
Merit Pay to + 5%, base salary shall be increased by
3.75% for salary comparison purposes.
ARTICLE 36 - LONGEVITY
A. Employees hired prior to August 1, 1983 will continue to
receive longevity pay. Effective August 1, 1983, all new hire
employees will not be eligible for longevity.
B. Effective July 1, 1985 employees classified as "secretary" or
"administrative aide" shall cease to be eligible for longevity.
This will not affect any longevity earned prior to July 1, 1985.
- 17 -
ARTICLE 37 - TEMPORARY, SEASONAL AND SUMMER YOUTH EMPLOYMENT
A. Temporary time employees may be hired on an "as needed" basis
for a maximum of six (6) consecutive months. Said employees
shall receive no benefits. The Union will be informed in writing
by the Personnel Department of all temporary employees. The
hiring of temporary employees is subject to the grievance pro-
cedure. The Union shall be advised prior to any extension beyond
six (6) months.
B. Employment of participants in programs that involve disabled,
seniors, etc., will be limited by the guidelines of the particu-
lar program.
C. Generally, the intern program shall have a maximum employment
period of two (2) years.
ARTICLE 38 - PRODUCTIVITY
The City and the Union mutually agree to continually seek means
of increasing productivity among several City departments.
ARTICLE 39 - LONG TERM DISABILITY
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.
ARTICLE 40 - REDUCED HOUR POSITIONS
A. Subject to Civil Service hiring requirements, City may hire
employees in permanent positions of at least 20 hours/week but
less than 40 hours/week; such positions are subject to the provi-
sions of this Memorandum of Understanding provided however that
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 propor-
tional to regular hours worked.
B. Completion of a probationary period in a position of at least
20 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 regular Personnel Action form which shall designate the num-
ber of hours to be worked. Annually there shall be a review of
the average hours worked.
".ry D. Employees in "Reduced Hour Positions" shall be given consid-
eration to all full time positions before consideration of other
hiring to fill full time positions.
- 18 -
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 41 - JOB SHARING
Subject to Civil Service hiring requirements, City may allow em-
ployees to job share one permanent position on a volunteer 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 posi-
tion for 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. Designated
hourly wage shall be equally reduced for each employee by the
amount required to pay for the second benefit package.
ARTICLE 42 - CHECK CASHING
Employees are encouraged to utilize the City's ability to "Direct
Deposit" paychecks to the bank of the employee's choice or to the
Credit Union.
ARTICLE 43 - SCHEDULING FOR PUBLIC WORKS
1%.
A. The Public Works Superintendent's schedule shall be deter-
mined by the needs of the Department.
ARTICLE 44 - 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, as in effect on September 1, 1988.
1. Effective with the execution of this agreement, City agrees
to contract with PERS to conduct an actuarial study to determine
the cost of the 2% @ 55 amendment and the amendment to allow
credit for the City paid 7% employee contribution (EPMC). It is
the intent of the parties to have said actuarial studies con-
cluded prior to September 1, 1994 and to meet and confer regard-
ing enhancement to the existing PERS contract in conjunction with
the salary reopener set forth in Article 34.
B. The City shall assume all of the employee retirement cost
(P.E.R.S.).
C. Effective September 1, 1991 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:
- 19 -
1. For service retirement at age fifty-five (55) with a mini-
mum 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 mini-
mum 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 as of
August 31, 1991.
3. Said supplement shall commence with the first month follow-
ing 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 medi-
cal 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
�r 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 45 - DEFERRED COMPENSATION
Each Union Member, individually, may elect to participate in the
Deferred Compensation Plan's established and adopted by the City
of Hermosa Beach.
ARTICLE 46 - CITY/UNION MEETINGS
A. Commencing September 1, 1993, it is agreed that the Manage-
ment Team will meet with the Union Representative when requested
by the Union to best effect implementation of this document.
B. City agrees to meet and consult during the term of this
agreement to discuss each City Department's current absenteeism
policy. The intent of these discussions is to initiate a process
llft�; leading toward formulation and development of a uniform, city-
wide absenteeism policy.
- 20 -
ARTICLE 47 - 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)
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 48 - LAYOFF
A. It is mutually agreed that whenever, in the judgement of the
City Council, it becomes necessary to abolish positions in the
interest of economy or because the necessity for the position no
longer exists, the City Council may abolish any position or em-
ployment 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 pro-
visional employees in the affected class or classes shall be laid
off prior to the layoff of any probationary employee; all proba-
tionary 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 ap-
plied 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
1*MW seniority date will be the date of appointment via personnel
action.
- 21 -
u
llftd
F. Date of hire shall include all City service including CETA
and FEEA time but not part time/no benefit service.
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 depart-
ment lines, the junior employee in said classification shall
receive the layoff regardless of department as outlined in para-
graphs D, E and F.
I. It is further agreed that in the event the City should con-
tract with the Sheriff's Department for police services and/or
Parking Enforcement/Animal Control, the Union shall receive six
(6) months advance written notice prior to the effective date of
any such change.
ARTICLE 49 - RETURN TO WORK FROM LAYOFF
A. It is mutually agreed that the names of probationary and per-
manent employees laid off shall be placed upon an eligibility
list for classes which, in the opinion of the City Manager, re-
quire essentially the same qualifications and duties and respon-
sibilities 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 clas-
sification 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.
- 22 -
_ F. Notices of recall from layoffs shall be by certified mail
(return -receipt -requested) and shall specify the date for report-
ing 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 recog-
nized bargaining agent. Employees to be laid off shall submit to
the Personnel office their current address at the time of separa-
tion. 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 48 Layoff, paragraphs E, F and G.
ARTICLE 50 -,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
ti.rr classification 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.
- 23 -
ARTICLE 51 - MILITARY LEAVE PAY
\"0011 Employees shall not receive a salary from the City while on mili-
tary leave. Any current employee who has utilized military leave
since January 1, 1984 or has 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 52 - JURY DUTY
The City will not provide jury duty leave pay to employees. If
the State or Federal Court jury commissioners change, amend, al-
ter, or otherwise rescind their present policy of granting exemp-
tions 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 the Union agree that jury duty pay shall be
paid at the same rate as the employee salary. Employees are not
prohibited from using paid vacation or compensatory time in order
to participate in jury duty.
y� ARTICLE 53 - SELECTION OF INDUSTRIAL ACCIDENT DOCTOR OR MEDICAL
FACILITY AND CONTINUATION OF HEALTH BENEFITS
'ftw
A. It is understood that the City will provide medical facili-
ties 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.
B. Effective September 1, 1988 an employee who suffers an inju-
ry -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. 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.
- 24 -
ARTICLE 54 - FURTHER STUDIES
The City and Union jointly recognize that certain matters need
further study and development during the term of this MOU. It is
therefore agreed that the following matters will be addressed:
Separation and modification of Grievance and Appeal of
Discipline article (by 6-15-94);
Layoff procedures (by 5-15-94).
ARTICLE 55 - TERM OF CONTRACT
This Agreement shall commence September 1, 1993 and continue un-
til midnight August 31, 1996.
IN WITNESS WHEREOF, the partie
executed this i�th 2.6 day of
s hereto
ApXII 19
MAI
CALIFORNIA TEAMSTERS PUBLIC
PROFESSIONAL & MEDICAL EMPLOYEES
UNION, LOCAL 911
Raymona Whitmer
President, Local 911
Virgfnia E ledge
Administrative Union Steward
contract/mouadm4
- 25 -
cause this Agreement to be
94.
.�i�Y'ti�a■1�1:7uC�xY-�:la►_C�l:i
Steph u ell
City anager
9�
�
Robert A. Blackwood
Personnel Director
Viki Copeland
Finance Director
EXHIBIT A
ADMINISTRATIVE EMPLOYEES BARGAINING UNIT
EFFECTIVE SEPTEMBER 11 1993
- 26 -
. A
B
C
D
E
ASSISTANT ENGINEER
3006
3156
3314
3480
3654
PLANNING ASSOCIATE
3006
3156
3314
3480
3654
PUBLIC WORKS SUPERINTENDENT
3006
3156
3314
3480
3654
SENIOR BUILDING INSPECTOR
3006
3156
3314
3480
3654
POLICE REC. ADMIN/SYS MANAGER
2992
3142
3299
3464
3637
CITATION RECORDS ADMINISTRATOR
2695
2830
2972
3121
3277
SECRETARY TO THE CITY MANAGER
2494
2619
2750
2888
3032
RECREATION SUPERVISOR
2482
2606
2736
2873
3017
ADMINISTRATIVE AIDE
2324
2440
2562
2690
2825
DEPUTY CITY CLERK
2324
2440
2562
2690
2825
SECRETARY TO DEPT. DIRECTOR
2324
2440
2562
2690
2825
- 26 -
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Article 39 - Lona Term Disability
B. FAMILY AND MEDICAL CARE LEAVE
1. 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.
Robert . Blackwood, Personnel Director
Virgi 'a Elledge, Union Stewar
\4�
DISC/94-001/RAB/teamfm1a
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Effective July 1, 1994 Article 48 - Lavoff is revised by adding the following section:
J. Employees laid -off shall have the City paid portion of their
medical insurance premiums, paid for two months following the
date of lay-off.
and;
Effective July 1, 1994 Article 50 - Reduction in Lieu of Layoff is revised by adding the
following section.
D. An employee whose position in abolished shall be permitted
to continue in service in a lateral position 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.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized
representatives to execute this Supplemental Memorandum of Understanding this
ri day of OGT 1994.
StephenR. burrell
City Manager
Virginia Elledge Lf
Administrative Unit Steward
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CITY OF HERMOSA BEACH
Effective September 1, 1994, Article 31 - Holidays, section D, is revised to read
as follows:
D. Employees covered by this agreement may accrue up to 100 hours of
Holiday Comp. for those holidays in which compensatory time is earned in lieu of
closing City Hall.
ON WITNESS WHEREOF, the parties hereto have caused their duly authorized
representatives to execute this Supplemental Memorandum of Understanding
this i � day of f C1—b12 Q- , 1994
--A-s-X
Stephen R. B n - W--"
City Manager
Virghiia Elledge
Administrative Union Steward
CITY OF HERMOSA BEACH
Date: September 19, 1994
To: Virginia Elledge, Administrative Unit Steward
From: Robert Blackwood, Personnel Director
Subject: Holiday Comp. Accrual - Article 31
Pursuant to our previous conversations regarding Article 31 - Holidays,
effective September 1, 1994 employees covered under the Administrative
Bargaining Unit may accrue up to 100 hours of holiday comp.
Please acknowledge this understanding and your concurrence by signing
the attached supplemental and returning to me.
This change IS in order to simplify the new payroll process by having the
Administrative MOU reflect the same provision for accrual of Holiday
Comp as is contained in the General/Supervisory MOU.
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Effective June 1, 19942 Exhibit "A" the schematic list of class titles and base monthly
salary schedule of the Memorandum of Understanding, Administrative Employees
bargaining Unit, is revised to reflect the addition of the City Planner classification and to
reflect the following base salary range for that classification:
A B C D E
$32457 $31,630 $310811 $4,002 $4,202
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized
representatives to execute this Supplemental Memorandum of Understanding this
day of , 1994.
a: supple. doc/rab
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Ste n . urre
City Ma ager
Vir ' a Elledge
Administrative Unit Steward
2