HomeMy WebLinkAbout1998-07-20 City Council (13)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:
DATE:
CITY MANAGER
JULY 20, 1998
DEPARTMENT: HUMAN RESOURCES
CMR:311:98
SUBJECT:APPROVAL OF MEMORANDUM OF AGREEMENT, LOCAL 715
SERVICE EMPLOYEES’ INTERNATIONAL UNION (SEIU),
COMPENSATION PLAN FOR CLASSIFIED PERSONNEL AND
BUDGET AMENDMENT ORDINANCE
RECOMMENDATION
This report recommends Council approval of the attached resolutions amending Section 1601
of the Merit System Rules and Regulations regarding the Memorandum of Agreement
between the City of Palo Alto and the Service Employees’ International Union, Local 715,
adoption of a Compensation Plan for Classified Personnel and a Budget .Amendment
Ordinance for $260,000. ..
BACKGROUND
The City’s agreement with Service Employees’ International Union, Local 715 (SEIU)
expired on April 30, 1998. During the last few months, City staff and members of Service
Employees’ International Union have been negotiating a new contract, details of which are
contained in the attached Memorandum of Agreement.
DISCUSSION
The three-year agreement provides for a first year salary increase of 4.0 percent to all
represented classifications; special salary adjustments ranging from 3.0 percent to 1.5 percent
to 21 classifications, effective with the pay period including May 1, 1998; and a special
salary adjustment of 3.0 percent for two additional classifications, effective with the pay
period including July 1, 1998.
The second year of the agreement-provides for a salary increase to all represented
classifications of 2.0 percent, effective with the pay period including May 1, 1999. The third
year provides for a one-time cash payment of $1,550 to each representation unit employee
who is in a pay status or on an approved leave of absence during the pay period including
May 1, 2000.
CMR:311:98 Page 1 of 3
Other provisions to the agreement include:
Increases in standby and night shift premium pay of 4.0 percent and 2.0 percent as part
of the first and second year of the agreement. Increases to tool allowances during the
term of the agreement of $10 during the first year, with additions of $5 during the second
year, and $10 during the third year of the agreement.
Amendment to the Public Employees’ Retirement System agreement to provide for
section 21354, 2% @ 55, Full, Supplemental or Modified Formula for Local
Miscellaneous Members to be effective January 1, 1999.
3.Increase in vacation hours to provide for 20 additional hours after 14 years, and 20
additional hours after 19 years of employment service.
4.Update of "floating holiday" schedule to span the term of the three-year agreement.
o Modification to various language sections of the contract relating to probationary periods
for Communications Dispatchers, hours of work, overtime and premium pay, uniforms,
and 2080 Plan.
6.Increase in annual amount available under the Tuition Reimbursement Program to
$1,000.
7.Reopener agreement regarding nepotism policy and non-disclosure provisions.
The full text of the agreement is attached with changes highlighted.
RESOURCE IMPACT
The total cost of first year agreement provisions is $1,895,683. Second year costs total
$689,000. Third year. costs are $848,000. Funding for the first year of the contract is
provided for in the 1998/99 budget supplemented by the attached BAO in the amount of
$260,000, funded from the General Fund.budget stabilization reserve. Funding for the
second and third years will be included in future budget documents.
POLICY IMPLICATIONS
The agreement adds a provision to amend the City’s contract with the Public Employees’
Retirement System to provide for Section 21354, 2% @ .55, Full, Supplemental or Modified
Formula for Local Miscellaneous Members, to be effective January 1, 1999. This represents
an improvement in pension benefits for eligible employees retiring between the ages of 50
and 63.
ENVIRONMENTAL REVIEW
This action does not require an environmental review.
CMR:311:98 Page 2 of 3
ATTACHMENTS
1. Resolution Amending Section 1601 of the Merit System Rules and Regulations
2. Memorandum of Agreement
3. Resolution Adopting a Compensation Plan for Classified Personnel
4. Budget Amendment Ordinance
PREPARED BY: Susan Ryerson,
DEPARTMENT HEAD:
M~nager of Employee Relations and Compensation
J lC:Rq__u s/
teltor of Hum~
~*’FLEIv!~(3
CITY MANAGER APPROVAL: ; ~~_.ources
Manager
~
CMR:311:98 Page 3 of 3
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
~AMENDING SECTION 1401 OF THE MERIT SYSTEM RULES
AND REGULATIONS
The Council of the City of Palo Alto does RESOLVE as
follows:
SY~QT_~Q]~_I. Section 1401 of the Merit System Rules and
Regulations is hereby amended to read as follows:
"1401. Memorandum of agreement incorporated
by reference. That certain memorandum of
agreement dated June 24, 1998, by and between
the City of Palo Alto and Local 715A, SEIU,
AFL-CIO, CLC, consisting of a Preamble and
Articles I through XXVII with seven
appendices attached thereto and incorporated
therein, for a term commencing May 1, 1998,
and expiring April 30, 2001, is hereby
incorporated into these Merit System Rules
and Regulations by reference as though fully
set forth herein. Said memorandum, as
amended, shall apply to all employees in
classifications represented by said Local
715A, SEIU, AFL-CIO, CLC, except where
specifically provided otherwise herein.
In the case of conflict with this chapter and
any other provisions of the Merit System
Rules and Regulations, this chapter will
prevail over such other provisions as to
employees represented by said Local 715A,
SEIU, AFL-CI0, CLC."
~F~.LT_~I~_~ The changes provided for in this resolution
shall not affect any right established or accrued, or any offense
or act committed, or any penalty of forfeiture incurred, or any
prosecution, suit, or proceeding pending or any judgment rendered
prior to the effective date of this resolution.
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980714 lac 0031998
~. The Council finds that this is not a project
under the California Environmental Quality Act and, therefore, no
environmental impact assessment is necessary.
INTRODUCED AND PASSED :
AYES :
NOES :
ABSENT:
ABSTENTIONS :
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Manager
Senior Asst. City Attorney
Director of Human Resources
2980714 la¢ 0031998
-t996--981998-2001
MEMORANDUM OF AGREEMENT
City of Palo Alto and Local 715, SEIU, AFL-CIO, CLC
PREAMBLE
This Memorandum of Agreement is entered into by the City of Palo Alto (hereinafter
referred to as the City) and Local 715 Service Employees International Union, AFL-CIO,
CLC (hereinafter referred to as the Union). Employee, for the purposes of this
Memorandum of Agreement, shall mean an employee assigned to a classification within
the SEIU unit. This Memorandum of Agreement is pursuant and subject to Sections 3500 -
3510 of the Government Code of the State of California and Chapter 12 of the City of Palo
Alto Merit Rules and Regulations.
ARTICLE I - RECOGNITION
Section 1. Pursuant to Sections 3500 - 3510 of the Government Code of the State of
California and Chapter 12 of the City of Palo Alto Merit System Rules and Regulations, the
City recognizes the Union as the exclusive representative of a representation unit
consisting of all regular full and part-time employees in the classifications listed in Appendix
A attached. This unit shall for purposes of identification be titled the SEIU unit.
Section 2. No supervisor will perform the work of an employee in the SEIU unit provided
that there is an employee available who regularly performs such work. This does not
preclude a supervisor from performing work of a minor nature or during bona fide
emergencies or on a standby status when willing and qualified unit employees do not live
within a reasonable response time of the Municipal Service Center.
Supervisory personnel Shall be called out to perform unscheduled work only when SEIU
unit employees are unavailable to perform such work o~ in cases of bona fide emergencies
as defined in Article VIII, Section 2. In cases of bona fide emergencies, SEIU unit
employees shall be called out to complete the necessary work after the immediate
emergency situation has been reasonably contained.
ARTICLE II = NO DISCRIMINATION
Section 1. The City and Union agree that no person employed by or applying for
employment hereto shall be discriminated against because of race, religion, creed, political
affiliation, color, national origin, ancestry; union activity, age, disability sexual orientation,
or sex unless sex is a bona fide occupational qualification as defined in Federal or State
law.
Section 2. The City and the Union agree to protect the rights of all employees to exercise
their free choice to join the Union and to abide by the express provisions of applicable
State and local laws.
ARTICLE III - UNION SECURITY
Section 1. When a person is hired in any of the covered job classifications, the City shall
notify that person that the Union is the recognized bargaining representative for the
employee in said unit and give the employee a current copy of the Memorandum of
Agreement.
When a group employee orientation is held for new employees of the bargaining unit, a
union representative may make a presentation to such bargaining unit employees for the
purpose of explaining matters of representation. The presentation shall not exceed 15.
minutes.
Section 2. Maintenance of Membership. All Union members on payroll deduction for
payment of Union dues on the day of the signing of this Memorandum of Agreement must
remain on payroll deduction for the life of this Memorandum of Agreement or so long as
they remain, members of the representation unit. Union members who establish dues
payroll deduction during the term of the Memorandum of Agreement shall remain on payroll
deduction for the life of this Memorandum of Agreement or so long as they remain
members of the representation unit. Union members on dues payroll deduction may
declare their intention to terminate such payroll deduction by registered letter, return receipt
requested, to the Director of Human Resources, following expiration of this Memorandum
of Agreement during the 30-day period between 60 and 90 days prior to expiration of the
Memorandum of Agreement. The City will notify the Union of all payroll deduction
cancellations under this provision..
Section 3. The City shall supply the Union with:
(a)a monthly computer run of the names, addresses and classifications of all unit
employees except those who file written notice with the Human Resources
Department objecting to release of addresses, in which case information will
be transmitted without address.
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(b)a list of representation unit new hires, terminations and retirements which
occurred during the previous month.
Section 4. Payroll Deduction. The City shall deduct Union membership dues and any
other mutually agreed upon payroll deduction, which may include voluntary COPE
checkoff, from the bi-weekly pay of member employees, The dues deduction must be
authorized in writing by the employee or an authorization card acceptable to the City and
the Union. The dues deduction card shall include a check box for those employees who
wish the Union to receive notification in the event of unsatisfactory work, conduct, or
disciplinary action taken pursuant to Article XX. City shall remit the deducted dues to the
Union as soon as possible after deduction.
Section 5. Bulletin Boards and Departmental Mail. The Union shall have access to
inter-office mail, existing bulletin boards in unit employee work areas, and existing Union-
paid telephone answering device for the purpose of posting, transmitting, or distributing
notice or announcements including notices of social events, recreational events, Union
membership meetings, results of elections and reports of minutes of Union meetings. Any
other material must have prior approval of the Human Resources Office. Action on
approval will be taken within 24 hours of submission.
Section 6. Access to Union Representatives. Representatives 0f the Union are
authorized access to City work locations for the purpose of conducting business within the
scope of representation, provided that no disruption of work is involved and the business
transacted is other than recruiting of members or collecting of dues, and the representative
must notify the Human Resources Department Office prior to entering the work location.
Section 7. Meeting Places. The Union shall have the right to reserve City meeting and
conference rooms for use during lunch periods or other non-working hours. Such meeting
places will be made available in conformity with City’s regulations and subject to the
limitations of prior commitment.
Section 8. Notification to the Union. The Union shall be informed in advance in writing
by Management before any proposed changes not covered by this Memorandum of
Agreement are made in benefits, working conditions, or other terms and conditions of
employment which require meet and confer or meet and consult process.
Section 9. Union Logo. All materials and documents produced on Itek and metal plates,
by the City print and reproduction shop, shall carry the Union label on the inside of covers
or title pages in accordance with customary printing trades practices.
Section 10. The City shall make available to the Union in a timely manner copies of all
City Council meeting agendas, minutes and schedule of meetings. These materials may
be picked up at the City Clerk’s Office during business hours.
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Section 11. Upon request, the City shall provide to the Union reports by department on
the use of agency temporaries filling representation unit vacant positions, or doing work
similar to that of representation unit classifications.
ARTICLE IV - STEWARDS
Section 1. The Union agrees to notify the Director of Human Resources of those
individuals designed as Union officers and stewards who receive and investigate
grievances and represent employees before Management. Alternates may be designated
to perform steward functions during the absences or unavailability of the steward.
.Section 2. The number of stewards designated by the Union at a given time shall not
exceed twenty-five (25).
Section 3. It is agreed that, as long as there is no disruption of work, stewards shall be
allowed reasonable release time away from their work duties, without loss of pay, to act in
representing, a unit employee or employees on grievances or matters within the scope of
representation, including:
(a)A meeting of the steward and an employee, or employees of that unit related
to a grievance.
(b)A meeting with Management.
(c)Investigation and preparation of grievances.
Grievances may be transmitted on City time.
All steward release time shall be reported on time cards.
Section 4. The Union agrees that the steward shall give advance notification to his/her
supervisor before leaving the work location, except in those cases involving emergencies
where advance notice cannot be given.
Section 5. Three Union officers, who are City employees, shall be allowed a reasonable
amount of release time off for purposes of meeting and conferring or meeting and
consulting on matters within the scope of representation. All such time will be reported on
timecards.
Section 6. Union stewards may utilize space in assigned desks for storage of Union
materials. In the event stewards are not assigned desks the City will provide locker or
other mutually agreeable space for storage of Union materials,
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ARTICLE V - REDUCTION IN FORCE
Section 1. In the event of reductions in force, they shall be accomplished wherever
possible through attrition.
Section 2, When the City determines that layoffs are imminent resulting from reduction
in force within the representation unit, the City will give the Union such advance notice as
is reasonable under the circumstances. The notice will indicate the departments and~
divisions which will be affected and the circumstances requiring the layoffs. The City will
furnish the Union with a current representation unit seniority listwith notice of layoff.
Section 3. If the work force is reduced within a department, division, or office for reasons
of change in duties or organization, abolition of position, shortage of work or funds, or
completion of work, employees with the shortest length of service will be laid off first so
long as employees retained are fully qualified, trained, and capable of performing
remaining work. Length of service for the purpose of this article will be based on current
service hire date of record in a regular classification with no adjustment for leaves of
absence. Length of service ties will be determined in favor of the employee with the lowest
employee number last four digits.
Employees laid off due to the above reasons will be given written notice at least thirty days
prior to the reduction in force. A copy of such notice will be given to the Union: Such
employees shall be offered priority employment rights to regular or hourly positions which
are requisitioned and for which the employees are qualified for a period beginning with
notification and ending sixty days following the reduction in force. Employees transferred
or reclassified under this section will be assigned to the step in the new classification salary
range closest to the employee’s salary range at the time of reclassification.
Employees laid off pursuant to this section shall receive the balance of all regular City
compensation owed at termination within 72 hours of the date of termination, This does
not include any amounts payable under Article V, Section 6, or PERS contribution refunds,
if any.
Section 4. Employees identified for layoff who have seniority (bumping) rights to their
current or previously held classifications within the representation unit must declare their
intention to exercise these rights within seven (7) working days after written notification of
layoff, otherwise bumping rights will automatically terminate. Bumping may occur within
the representation unit, only to the least senior incumbent of the current or a previously
held classification. To successfully bump, the employee must be fully qualified, trained,
and capable of performing all work in the position bumped. An employee who declares
bumping rights may not also claim priority employment rights. For purposes of this section
of the Agreement, the term "working days" shall mean Mondays through Fridays, exclusive
of holidays.
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Section 5. Re=Employment List. The names of persons laid off or who through bumping
changed classification in accordance with the provisions of this Article shall be entered
upon a re-employment list in seniority order. The person with the highest seniority on a
division re-employment list for a particular classification when a vacancy exists in that
classification in that division shall be offered the appointment. Names shall be carried on
a re-employment list for a period of two (2) years from the date of separation from City
services or change of classification through bumping. Upon re-employment within the two-
year period, the employee’s hire date of record at the time of layoff will be reinstated.
Section 6. If, pursuant to Section 2, the City is unable to offer a regular position to an
employee during the. period beginning with notification of layoff and ending 60 days
following layoff, the City shall pay the employee a severance pay equal to one month’s
salary at the employee’s final rate of pay prior to termination.
Section 7. Employees laid off pursuant to Section 2 who are reinstated to a regular
position within sixty days shall retain the sick leave balance they had at the time of layoff,
unless they have received a sick leave payoff in accordance with Article XII. Upon
reinstatement, the employee’s hire date of record at the time of layoff will be reinstated.
Section 8. No representation unit employee will be laid off or remain on a re-employment
list when hourly employees are performing substantially all the duties of the classification
of the employee receiving a layoff notice, or on a re-employment list. This provision shall
not be applied to hourly positions which have been traditionally used for seasonal and part-
time work.
ARTICLE VI - PERSONNEL ACTIONS
Section 1. Probation. Each new regular or part-time employee shall serve a probationary
period of six (6) months, (twelve (12) months for the classifications of Communications
Dispatcher and Chief Communications .Dispatcher), commencing with the first day of
his/her employment. The probationary period shall be regarded as a part of the testing
process and shall be utilized for closely observing the employee’s work, for securing the
effective adjustment of a new employee to his/her position, and for rejecting any
probationary employee whose performance does not meet the acceptable standards of
work. At least one written performance appraisal will be given each probationary employee
on or before expiration of the probationary period. Normally, this appraisal will be given
at the end of the third month.
In the event of termination prior to successful completion of the probationary period, such
terminated employee shall be given written notice of his/her termination with the reasons
for the termination stated therein. The Human Resources Department shall, upon request,
afford an interview in a timely fashion to the terminated employee for discussion of the
reasons for termination. The employee may, upon request, be accompanied by a Union
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representative. The interview shall not be deemed a hearing nor shall it obligate the City
to reconsider or alter the termination action.
The parties agree that probationary employees shall have all rights under this
Memorandum of Agreement, including full and complete access to the grievance
procedure, save and except for instances of suspension, demotion or termination.
Section 2. Personnel Evaluations. Personnel evaluations will be given employees as
scheduled by Management. Personnel evaluations are not appealable through the
grievance procedure but, in the event of disagreement over content, the employee may
request a review of the evaluation with the next higher level of Management, in
consultation with the Human Resources Department. For PurPoses of this review, the
employee may be represented by the Union. Decisions regarding evaluation appeal shall
be made in writing within ten (10) working days following the review meeting.
Section 3. Personnel Files. Records of all disciplinary actions shall be kept in the central
personnel file. Employees shall be entitled to sign and date all action forms in their
personnel files. Employees are entitled to review their personnel files upon written request
or to authorize, in writing, review by their Union representatives. An employee or the Union
shall be allowed, upon reasonable request, copies of materials in an employee’s personnel
file relating to a grievance. Records of disciplinary actions, including references in a
performance evaluation, shall be removed from a personnel file upon written request by
the employee or in the normal process of file review after a period of three years, or sooner
as mutually agreed by Management and the employee.
Section 4. Release of Information. The City will only release information to creditors or
other persons upon prior identification of the inquirer and acceptable reasons for the
inquiry. Information then given from personnel files is limited to verification of employment,
length of employment and verification and disclosure of salary range information. Release
of more specific information may be authorized by the employee.
Section 5. Promotional Opportunities.
(a)Posting.
Promotional opportunities for classifications within the representation unit will
be posted for at least ten. (10) working days (Monday through Friday) prior to
selection.
Outside recruitment may be used for promotional openings and may begin at
the time of posting, or any time thereafter. If, however, there are three or
more qualified internal candidates within the department where the vacancy
occurs, outside candidates will not be considered.
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(b)Internal Candidate Eligibility.
(c)
All non-probationary representation unit employees are eligible to apply for
posted promotional opportunities, except that Management may waive this
requirement for all probationary employees within the department where the
promotional opportunity occurs.
Selection.
The selection procedure for each promotional opening will be determined and
administered by the Human Resources Department in consultation with the
requisitioning department. Selection procedure and job description
information will be available at the Human Resources Office at the time of
posting. Efforts will be made to standardize tests and procedures where
standardization is feasible and appropriate. Any tests used shall be
reasonably predictive of success in the classification, and tests not be biased
with respect to race, sex, sexual orientation, religion, creed, political affiliation,
color, national origin, ancestry, or age. Selection procedures may include any
or all of the following phases:
Application. Both inside and outside candidates will make application
on forms specified by the Human Resources Department. Applications
must be submitted to the Human Resources Office.
(2)Screening. Applications will be screened by the Human Resources
Department to ascertain whether candidates meet minimum
requirements as outlined in the job description. Internal candidates
deemed not to meet minimum requirements may submit additional
qualification information writing within three working days of notification
of requirement deficiency.
(3)Performance Testing. Performance tests, such as typing, machinery or
vehicle operation, skills demonstration, physical agility, etc., will be
qualifying. Pass-fail points will be announced in advance for qualifying
tests. If requested in writing prior to the test, performance test may be
witnessed by Union steward.
(4)Written Tests. Written achievement or aptitude tests .will be qualifying.
Pass-fail points will be announced in advance for qualifying tests.
(5)I..nterviews, Appraisals. Interviews may be conducted individually or by
interview boards and will be qualifying. Interview boards shall be
composed of qualified and unbiased people. Where interview boards
are used, Management will include at least one bargaining unit
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employee on each board. If individual interview or an interview board
is used, a majority of the individuals or board members must
recommend a candidate in order for the candidate to qualify for
appointment. Performance appraisals written by candidates’
supervisors may be used as indicated in the selection procedure.
(d)Recommended Candidates.
(e)
(f)
Candidates who successfully complete all phases of the selection procedure
will be recommended to the appointing authority.
Seniority, for purposes of this Article, will be based on current service hire date
of record in a regular classification with no adjustment for leaves of absence.
Seniority ties will be determined in favor of the employee with the lowest
employee number last four digits. Exceptions to this subsection may be
established by mutual agreement on a departmental or divisional basis. Such
exceptions are listed in Appendix G.
Appointment.
The appointing authority will make appointments from among those
recommended candidates who are most qualified as determined by objective
review of selection procedure results and background materials. Where
appointments are made from only internal candidates who are equally
qualified as determined by objective review of selection procedure results and
past performance, seniority will be the determining factor in promotional
appointments.
(g)Violations.
Any violation of this Article may be appealed to the Human Resources Director
in Step III of the grievance procedure.
Section 6. Unit employees applying for a vacant equal or lower paying position shall have
the same rights as unit employees applying for a promotion.
Section 7. Apprentice Positions.
(a)~The City shall establish apprentice positions wherever feasible. Length of
apprenticeship, type of training, and pay levels shall be by mutual agreement.
Where possible, apprentice positions will underfill regular positions so that
incumbents may automatically progress to the classification for which they are
training upon successful completion of apprenticeship. The City will meet and
confer with the Union before adding any new apprenticeship programs during
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the term of this agreement. All apprenticeship programs are listed in
Appendix B.
Section 8. In assigning employees to regular or special shifts, transfer, standby, overtime,
or vacation selection, ability to perform the work, length of service and/or equitable rotation
shall determine the assignments. In accordance with this provision, more definitive rules
may be arranged by mutual agreement of the Union and individual City departments.
ARTICLE VII - PAY RATES AND PRACTICES
Section 1.
(a)Effective with the pay period including May 1, -t-996 1998, a ~ 4.0%
increase at the Fifth Step will be applied to all classifications in the
representation unit.
Effective with the pay period including May 1, 1998, the following
classifications will receive special adjustments at the fifth step as indicated:
Office Specialist
Animal Services Specialist
Data Entry Operator
Facilities Assistant
Office Assistant
Police Records Specialist
Park Ranger
Senior Park Ranger
Planner
Associate Planner
CDBG Coordinator
Senior Planner
Assistant Resource Planner
Associate Resource Planner
Resource Planner
Chemist
Laboratory Technician, WQC
Senior Chemist
Animal Control Officer
Animal Attendant
Veterinarian Technician
3.0%
3.0%
3.0%
3.0%
3.0%
3.0%
3.0%
3.0%
2.0%
2.0%
2.0%
2.0%
2.0%
2.0%
2.0%
1.5%
1.5%
1.5%
1.5%
1.5%
1.5%
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Effective with the pay period including July 1, 1998, the following
classifications with job description changes will receive special adjustments
at the fifth step as indicated:
Lineperson Cable Splicer
Lineperson Cable Splicer Lead
3.0%
3.0%
(b)
(c)
(-e)(d)
Effective with the pay period including, May 1, -t-99-7 1999, a ~ 2.0%
increase at the Fifth Step will be applied to all classifications in the
representation unit.
Effective with the pay period including May 1, 2000, a one-time cash payment
of $1,550 will be made to each representation unit employee in a pay status
or on an approved leave of absence during that pay period. Regular part-time
employees who are eligible will receive a pro-rata share of the $1,550.
Salaries for all represented classes during the term of this agreement are
listed in Appendix A.
Section 2. Step Increases. Merit advancements from the first salary step to the second
salary step shall be granted at six-month intervals and between second and subsequent
steps at one-year intervals, if the affected employee has demonstrated continued
improvement and efficient and effective service. For the purpose of determining step time
requirements, time will commence on the first day of the month coinciding with or following
entrance onto a salary step. Step increases shall be effective on the first day of the payroll
period in which the time requirements have been met.
Section 3. Working Out of Classification. The term "working out of classification" is
defined as a Management authorized full-time assignment to a budgeted position on a
temporary basis wherein all significant duties are performed by an individual holding a
classification within a lower compensation range. Pay for working out of classification shall
be as follows:
(a)
(b)
Employees appointed to unfilled requisitioned positions on an "out of
classification" basis will receive acting pay within the range of the higher
classification beginning the first day of the assignment: Where out-of-class
appointments last for more than 90 days, and whenever feasible, out-of-class
appointment will be rotated among qualified interested employees in the work
group.
Employees appointed to a position for vacation, sick leave or other leave of
absence coverage will receive acting pay within the range of the higher
classification after two days of assignment in the acting position cumulative
over the agreement year (May 1 to May 1).
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The step within the range of the higher classification will be the step at which the employee
would be paid if permanently appointed to that classification.
Out-of-classification provisions do not apply to work assignments performed in connection
with specific predetermined apprenticeship or training programs, or declared conditions of
public peril and/or disaster.
Section 4. Classification Changes.
(a)During the course of this agreement, the Union and affected employees shall
be notified in advance of any contemplated changes in classification
description, and such changes shall be subject to the meet and confer process
during the term of this Memorandum of Agreement. If the Union and the City
cannot reach agreement on the appropriate pay .level from a job so
reclassified, the classification shall revert to its former status,
Section 5. Job Re-Evaluation.
(a)During those years in which negotiations do not occur due to multi-year
agreements, an employee or his/her representative may request in writing a
re-evaluation of his/her job based on significant changes in job content or
significant discrepancies between job content and classification description.
The request must contain justification and may be made only during the period
of December 10 through January 10. A statement by management that a job
re-evaluation request will be submitted with the departmental budget does not
relieve an employee from the responsibility of submitting his/her own request
during this period. The Administrator of Compensation will respond to such
requests in a timely manner. If meetings are held, the employee may request
representation. Any changes determined will become effective the first pay
period of the following fiscal year, or the job will be returned to its previous
status.
Section 6. Advance of Vacation Pay. Vacation pay shall be made available in advance
of regular pay day, provided that employee requests such advance in writing to the
Finance Department at least two weeks prior to his/her vacation date. The employee’s
supervisor must verify vacation date on the request.
Section 7. Assignment to a Lead Position. All vacancies in lead positions shall be filled
in accordance with Article VI, Section 5. The pay range for the lead position shall be seven
percent above the pay step of the highest paid employee on the crew. Departmental
exceptions for filling lead positions on a rotational basis for training and development
purposes may be arranged by mutual agreement of the Union and individual City
departments. Current exceptions are listed in Appendix C.
12
Section 8. Realignments and Survey Data Base
(a)Management and the Union have agreed to a compensation survey data base
structure which identifies specific benchmark classifications, tie classifications,
agencies to be surveyed and survey classification matches. The data base
is intended to eliminate duplicate efforts in surveying and attendant data
disputes. The survey data base will be updated by Management and a copy
sent to the Union six weeks prior to the expiration of this agreement. This
survey will become the basis for special adjustment proposals in successor
agreement negotiations. By agreeing to a survey data base, neither Union nor
Management is under obligation to propose or agree to special adjustments.
(b)At the request of either party, Management and the Union may periodically
review the data base structure. Application for realignment review must be
made no later than December 15 of the year before contract expiration. Such
review may include examination of tie classifications based on salary survey
or other objective data.
ARTICLE VIII - HOURS OF WORK, OVERTIME, PREMIUM PAY
Section 1. Work Week and Work Day. The standard workday for regular employees
shall be eight hours to be worked within a maximum of nine hours (five-day work week) or
ten hours to be worked within a maximum of eleven (four-day work week) or nine hours to
be worked within a maximum of ten for four days with a fifth day of four hours (four and
one-half day work week); or, within a fourteen-day period, nine hours to be worked within
a maximum of ten hours for eight days and eight hours to be worked within a maximum of
nine hours for one day, with the work week scheduled to begin so that forty hours are
worked within each seven days of the fourteen-day period (9/80 plan, with forty’hour work
weeks). The "9/80 plan" may not be used in any application that requires entitlement to
FLSA overtime for working the regular work week. With the exception of the "9/80 plan"
as described above, the standard work week shall be forty hours to be worked within five
consecutive days. Additional exceptions.to the above are listed in Appendix D. The Union
shall be notified of any further exceptions to this section in accordance with Article III,
Section 8.
During the term of this agreement, employees, subject to the conditions of their job
assignment, may propose an alternate work schedule as listed under this Section: Such
proposals must be made to the department head through the immediate supervisor.
Serious consideration will be given to the feasibility and productivity of such proposals,
however Management retains the right to determine scheduling needs.
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Section 2. Overtime Work.
(a)Overtime work for all unit employees shall be defined as any time worked
beyond the standard workday or beyond the standard work week. Emergency
overtime is defined as unplanned overtime work arising out of situations
involving real or potential loss of service or property or personal danger.
Emergency overtime does not include:
(i)
(ii)
overtime work. resulting from personnel replacement for purposes of
maintaining scheduled staffing;
overtime work which is planned in advance;
(b)
(c)
(d)
overtime work resulting from being held over for up to four hours to
finish work performed during the .regular shift.
Compensation to employees working overtime will be in the form of additional
pay at the .rate of one and one-half times (two times for billable customer
convenience overtime and .emergency overtime as defined in subsection (a)
above) the employee’s basic hourly salary with the exception that an
employee may request and, upon approval, be granted compensatory time off
at the rate of one and one-half hours for each hour of overtime worked,
subject to the limitations of applicable state and federal laws.
In the event compensatory time off is used as the method of compensating for
Overtime, the time off will be taken prior to the end of the quarter following the
quarter in which the overtime has been worked, In the event the employee is
denied this provision, he/she will be compensated in pay for such time at the
appropriate rate specified by these sections, or at the employee’s option, the
earned compensatory time will be added to the employee’s vacation balance.
All time for which pay is received shall count as hours actually worked for the
computation of regular overtime pay; however, non-productive time will not be
included in computation of. any additional FLSA premiums.
When an employee works 14 hours or more in the 24 hour period immediately
previous to the employee’s shift starting time or is required to work 6 or more
hours of overtime (either emergency or pre-arranged) between the hours of
6 pm and 7 am on a Sunday or holiday when the previous day is a non-work
day and the following day is a regular work day ,. the employee will be allowed
an eight-hour rest period before returning to work. Other rest .period
arrangements may be worked out by mutual agreement of the employee and
supervisor. Any portion of the rest period falling within the employee’s work
shift will be considered as hours worked and compensated at the straight time
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rate. This provision ~ may not apply to conditions of bona fide emergency.
~ Emergency conditions are conditions involving real or potential loss
of service or property or personal danger.
(e)If non-emergency overtime is canceled without at least.40 hours notice, the
City shall pay the affected employees two (2) hours’ pay at time and one-half.
(f)Employees working overtime who are too fatigued to continue or return to
work, for safety reasons will be released from duty without compensation.
Section 3. Work Shifts. All employees shall be assigned to work shifts with scheduled
starting and quitting times. Should conditions necessitate a change in starting and quitting
times, the Union will be notified ten (10) working days in advance and permitted to discuss
such changes with the City. This, however, shall not preclude the City’s right to effect
schedule changes dictated by operational necessity. This section does not apply to
overtime scheduling.
Section 4. City-Paid Eme~"~-h’~t Meals.
(a)Emergency overtime meals: For purposes of this section, emergency
overtime is defined as overtime arising out of situations involving real or
potential loss of service or property or personal danger. The City will provide
meals in the following emergency overtime situations:
(1)
(2)
When an employee is called back and is on duty for a period of three
consecutive hours, and thereafter at intervals of five hours but not more
than six hours until the continuous overtime assignment ends.
When an employee is held over on duty so that his/her combined
,,~,,,,=, ,,~, ~ o,,,ftand overtime assignment ex’eeed- extends-six- two
d half hours
a~er shi~ end, and therea~er at inte~als of five hours but not more than
six hours until the ~ontinuous ov~ime ~ssi~nm~nt ~nds.
(3)When an employee is called out two hours or more before a regularly
scheduled day shift and works the regularly scheduled shift, he/she will
be entitled to breakfast and lunch. Lunches will be consumed on
employee’s own time. No in lieu pay will be made for meals not taken.
(4)When recalled two hours or less after the end of a regular shift, unless
assigned to standby.
(b)Non-emergency overtime meals: The City will provide meals for personnel
assigned to non,emergency overtime work where the assignment extends
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more than ef~-ef,~’~-he~ two hours after the regular or overtime shift end
and at intervals of five hours thereafter.
(c)
(d)
With regard to (a) and (b) above, all meals provided shall be comparable
substitutes for the employee’s regular meals. Where possible, the City will
arrange purchase orders at mutually agreeable restaurants. The time
necessarily taken to consume a meal provided under this section shall be
considered as time worked to a maximum of one hour except as noted in (a)
(3).
With regard to (a) and (b) above, in the event an emp!oyee is to be provided
a meal or meals pursuant to this section and such meal(s) are not provided
due to working conditions, the employee shall have the option of receiving for
each meal not provided an additional one hour of overtime compensation in
lieu of such meal. This hour will not be considered as time worked or part of
the rest period.
Section 5. Rest Break Periods. All employees shall be granted a rest break period or
coffee break limited to 15 minutes during each four hours of work. Departments may make
reasonable rules concerning rest break period scheduling. Rest Break periods not taken
shall be waived.
Section 6. Clean-Up Time. All employees whose work causes their person or clothing
to become soiled shall be provided with reasonable time before lunch and at shift end for
wash-up purposes.
Section 7. Standby Pay, Call-Out Pay_.
(a) Standby Compensation.
Employees performing standby duty shall be compensated at the rates
established below:
Pay Period Including
5/1/96 98 5/1/9-7 99
Monday through Friday
Saturday, Sunday, Holidays
$-39 $42 per day
$58 $62 per day
$49 43 per day
$6e 63 perday
(b)Minimum Call-Out Pay.
Employees not otherwise excluded from receiving overtime pay who are
called out toperform work shall be compensated for at least two hours’ pay
from the time of the call-out for each occurrence at the appropriate overtime
16
rate. The two-hour minimum This provlslon does not apply to employees
called out to work while earning pay for being in a standby status.
Section 8... Night Shift Premium. An additional $-1--.-.-.-.-.-.-.-~ $1.22 per hour effective with the
pay period including May 1, -1-996 1998, and $-t-.-.-.-.-.-.-.-.+7 $1.24 per hour effective with the pay
period including May 1, -t997 1999, night shift premium shall be paid to employees for work
performed between 6:00 P.M. and 8:00 A.M. A minimum of two hours must be worked
between 6 P.M. and 8:00 A.M. to qualify for the premium. Employees who regularly work
night shifts shall receive appropriate night shift premiums, relating’to night shift hours
worked, in addition to base pay for holidays, sick leave and vacation.
ARTICLE IX - UNIFORMS AND TOOL ALLOWANCES
Section 1. Uniforms.
(a)The City will provide uniforms, coveralls or shop coats on a weekly basis, or
as otherwise furnished, for the following jobs and/or classifications:
Animal Control Officer
Assistant Storekeeper
Auto Service Mechanic
Building Service Person - Lead
Building Service Person
Cement Finisher- Lead
Cement Finisher
Chemist
Community Service Officer (Traffic)
Engineering Technician III - Refuse
Equipment Operator
Equipment Operator - Lead
Facilities Carpenter
Facilities Electrician
Facilities Maintenance - Lead
Facilities Mechanic
Facilities Painter
Field Serviceperson
Gang Mower Operator
Gang Mower Mechanic
Gas System Shop/Field Repairer
Golf Course Equipment Mechanic
Golf Course Maintenance Person
Greenskeeper
Heavy Equipment Operator - Lead
17
Heavy Equipment Operator
Industrial Waste Inspector
Industrial Waste Investigator
Instrumentation Electrician
Laboratory Technician, Water Quality Control
Mail Services Specialist
Maintenance Mechanic, Water Quality Control
Mechanical Unit Repairer
Meter Reader
Meter Reader - Lead
Motor Equipment Mechanic - Lead
Motor Equipment Mechanic
Offset Equipment Operator- Lead
Offset Equipment Operator
Park Maintenance Assistant
Parking Enforcement Officer
Park Maintenance Person
Park Crew- Lead
Park Maintenance - Lead
Park Ranger
Parks & Open Space Assistant
Refuse Disposal Attendant
Senior Chemist
Senior Industrial Waste Inspector
Senior Instrumentation Technician
Senior Operator, Water Quality Control
Senior Mechanic, Water Quality Control
Senior Park Ranger
Sprinkler System Repairer
Street Maintenance Assistant
Storekeeper
Street Sweeper Operator
Street Sweeper Operator - Lead
Traffic Control Maintainer - Lead
Traffic Control Maintainer II
Traffic Control Maintainer I
Tree Trimmer-Line Clearer
Tree Maintenance Assistant
Tree Trimmer-Line Clearer Assistant
Tree Trimmer-Line Clearer - Lead
Tree Maintenance Person .....
Truck Driver
Utility Field Service Representative
Utility Installer/Repairer
1-8
(b)
(d)
(e)
Utility Installer/Repairer Assistant
Utility Installer/Repairer- Lead
Water Meter Repairer
Water Meter Repairer Assistant
Water Transmission Operator - Lead
Water Transmission Operator
Water Quality Control Plant Operator
Coveralls will be made available for occasional use as needed to protect
clothing for the following classifications:
Building Inspector
Building Inspector Specialist
Building Service Person - Lead
Cable Splicer Assistant
Chief Electric Underground Inspector
Electrical Assistant
Electrician
Facilities Mechanic/Painter
Gang Mower Mechanic
Gang Mower Operator
Heavy Equipment Operator
Lineperson/Cable Splicer
Park Ranger
Senior Park Ranger
Utility Field Service Representative
Sprinkler System Repairer
Utility Installer Assistant
Utility Installer/Repairer
Utility Installer/Repairer- Lead
Employees required to wear uniforms shall be provided suitable change
rooms and lockers where presently provided.
Employee clothing seriously damaged or destroyed in conjunction with an
industrial injury will be reasonably replaced by the City. Any other claims
alleging City liability may be filed with the City Attorney.
The City will make available, as an alternative to the orange shirts currently
provided under Section l(a), six (6) orange cotton polo shirts. Employees
will be responsible for laundering the shirts.Damaged or otherwise
unwearable shirts will be replaced by the City.
19
Employees are responsible for laundering Park Ranger and Senior Park
Ranger uniforms.
Section 2. Tool Allowance.
(a)Mechanics in Equipment Maintenance shall be paid an annual tool allowance
of $456 $510, effective with the pay period including May 1,-tJ:J96 1998, and
$566 $515, effective with pay period including May 1, -t99F 1999, and $525
effective with the pay period including May 1,2000.
(b) All tool allowances shall be paid bi-weekly.
Section 3. Safety Shoe Allowance. The City shall reimburse employees 75 percent of
the cost .of job-related safety shoes upon verification of such purchase by the employee.
Section 4. Certifications.
(a)
(b)
Retroactive to 7-93, employees who are required to maintain commercial
driver’s licenses shall have costs for medical examination paid through their
PEMHCA provider. After benefits have been paid by the PEMHCA provider,
upon presentation of proper documentation, the City will reimburse any
remaining examination costs. Employees may use paid leave for attendance
at scheduled medical examinations.
The City will pay special registration and/or certification fees which are
required by Management. During the term of this agreement, the City and
the Union may, by mutual agreement, review, add or delete classifications
and/or required certifications listed below:
Classification
Auto Svc Mech
Bldg Inspec Spec
Engineer
Equip Maint Serv Pers
Golf Course Maint Pers
Indust Waste Inspector
Mech Unit Repairer.
Motorized Equip Mech
and Lead
Sr Operator, WQC~
Requirement ’
Emission Control License; ¯
Auto. Excellence Cert.
ICBO Certificate
Professional .Engineer Cert.
(for E Step)
Forklift Operator Cert.
(OSHA-approved)
Qualified Applicators’ License
Backflow Prevention Device Tester
Welding Certificate
EMS, ASE
Grade III Wastewater Treatment Plant
Oper Cert.
2O
Surveyor, PW
Util Install/Rep series
Veterinarian Tech
Water Trans
Specialist and Lead
WQC Plant Oper I
WQC Plant Oper II
WQC Plant Oper Trainee
Water Meter Cross-
Connection Tech
Licensed Land Surveyor
Polyethylene Fusing Cert.
Animal Health Tech. Cert.
Grade II Water Treatment
Operator Cert.
Grade I Water Treatment
Operator Cert.
Grade II Water Treatment
Operator Cert.
Grade I Water Treatment
Operator Cert:
Backflow Prevention Tester Cert.
(c)The City will pay for the Department of Motor Vehicles (DMV) licensing fees
for all employees required to maintain a Commercial Driver’s License in
accordance with the California Vehicle Code and applicable laws prescribed
by the Department of Transportation.
Section 5.--Reif~ WEATHER Protection
The City will provide rainy weather foot protection and one summer hat for the classification
of Parking Enforcement Officer.
ARTICLE X - HOLIDAYS
Section 1. Fixed Holidays. Except as otherwise provided, employees within the
representation unit shall have the following fixed holidays with pay:
January 1
Third Monday in January (Martin Luther King Day)
Third Monday in February
Last Monday in May
July 4
First Monday in September
Second Monday in October
Veterans’ Day, November 11
Thanksgiving Day
Day after Thanksgiving
December 25
Either December 24 or December 31 (see below)
21
Employees shall be excused with pay for the full work shift on either December 24 or
December 31, provided, however, that City facilities remain open with reduced staffing
levels, that Management retains the right to determine work schedules, and that neither
day be considered a holidayfor purposes of premium pay. If employees are not excused
pursuant to this provision, one shift of vacation credit will be added to their vacation
accrual.
In the event that any of the aforementioned days, except for December 24 or December
31, falls on a Sunday, the following Monday shall be considered a holiday. In the event
that any of the aforementioned days falls on a Saturday, the preceding Friday shall be
considered a holiday. If December 24 and 31 falls on Sunday, then the preceding Friday
will be designated for purposes of the holiday. Exceptions to this provision are listed in
Appendix E.
Section 2. Pay for Fixed Holidays.
(a)All employees shall be paid a full day’s pay at their regular straight time base
hourly rate for all fixed holidays as defined herein.
(b)An employee must be in a pay status on the workday preceding the holiday
to be eligible to be compensated for a holiday. This subsection does not
apply to an employee who is on an unpaid medical leave of absence of less
than five (5) days.
Section 3. Work on Fixed Holidays. Any employee required to work on a fixed holiday
shall be paid time and one-half for such work in addition to his or her regular holiday pay.
Work on a fixed holiday beyond the number of hours in a regular shift shall be
compensated at double time and one-half.
Section 4. Variations in Work Week.
(a)An employee whose work schedule requires that his or her regular days off
be other than Saturday and/or Sunday shall have an additional day off
scheduled by the department in the event a fixed holidayfails during his or
her regularly scheduled day off. Every attempt will be made to schedule the
day on a mutually agreeable basis. If the day cannot be so scheduled, the
employee shall be paid for the day at the straight time base rate.
(b)Fixed holidays which fall during a vacation period or when an employee is
absent because of illness shall not be charged against the employee’s
vacation or sick leave balance.
Section 5. Floating Days..Off. Floating days off with pay will be scheduled by
Management as follows so as to produce three-day weekends:
22
June -!-996 1998 -One floating day off
August -1-996 1998 -One floating day off
September-t-996 1998 -One floating day off
March -1-997 1999 -One floating day off
April-!-997 1999 -One floating day off
June -t-99F 1999 -One floating day off
August-t-99-7 1999 -One floating day off
September-t-99-7 1999 -One floating day off
March -1-998 2000 -One floating day off
April -1-998 2000 -One floating day off
June 2000 -One floating day off
August 2000 -One floating day off
September2000 -One floating day off
March 2001 -One floating dayoff
April 2001 -One floating day off
The following conditions will hold:
(a)Management will designate the scheduling of the paid day off under this
section at least thirty days in advance.
(b)If in conformance with this section, Management is unable to schedule a day
off in the month indicated, for reasons of shift operations, work scheduling or
any other reason, the day will be added to the employee’s vacation accrual.
(c)If an employee fails to take a day off as scheduled by Management under this
section, the day off so scheduled will be forfeited.
Section 1.
follows:
ARTICLE Xl - VACATIONS
Each employee shall be entitled to an annual paid vacation, accrued as
(a)Less than four (4) years’ continuous service--ten ~, ~,j ,,,.,,,,,,,u ~,=yo w, Y~,r.
80 hours vacation per year.
(b)
(c)
Four (4).years’ continuous service through eight (8) years’ continuous
s e rv.i ce :~r~.~-t-~)-woft~=~ g -~’-’=xo w~, y~,r~ 120 hours vacation per year.
Nine (9) or---mor-e years’ continuous service through thirteen (13) years’
continuous service:.~ -~ ....,-,,~xo p~r year, 160 hours vacation
per year.
23
(d)Fourteen (14) years’ continuous service through eighteen (18) years’
continuous service: 180 hours vacation leave per year.
(e) Nineteen or more years: 200 hours vacation leave per year.
Employees may accrue up to three times their annual vacation leave without loss of
vacation days. In the event the City is unable to schedule vacation and, as a result thereof,
the employee is subject to loss of accrued vacation, the City shall extend the vacation
accrual limit up to one year, in which time the excess vacation must be scheduled and
taken. As long as there is no interference with departmental operations, there shall be no
unreasonable restriction of increments of use. Employees shall complete six (6) months’
continuous service before using accrued vacation leave.
Section 2. Holiday Falling During Vacation. In the event a fixed holiday as defined in
Article X falls within an employee’s vacation period, which would have excused the
employee from work (and for which no other compensation is made), an additional workday
for such holiday shall be added to the vacation leave.
Section 3. Illness During Vacation. When an employee becomes ill while on vacation
and such illness can be supported by a statement from an accredited physician or the
employee is hospitalized for any period, the employee shall have the period of illness
charged against sick leave and not against vacation leave.
Section 4. Accrued Vacation Pay for Deceased Employees, An employee who is
eligible for vacation leave and who dies while in the municipal service shall have the
amount of any accrued vacation paid to his/her estate within thirty days. This proration will
be computed at his/her last basic rate of pay.
Section 5. Effect of Extended Military Leave. An employee who interrupts service
because of extended military leave shall be compensated for accrued vacation at the time
the leave becomes effective.
Section 6. Vacation at Termination. Employees leaving the municipal service with
accrued vacation leave shall be paid the amounts of accrued vacation to the date of
termination.
ARTICLE XII o LEAVE PROVISION.~
Section 1. Sick Leave.
(a)The City shall provide each employee with paid sick leave, earned on a daily
basis and computed at the rate of 96 hours per year, with no limits on amounts
that may be accumulated, except that for employees hired after July 1, 1983,
24
(b)
(c)
.sick leave accrual accumulation shall be limited to 1,000 hours and
subsections (a)(1), (a)(2), and (a)(3)shall not apply. Payment for accumulated
sick leave at termination shall be made only in the following circumstances:
(1)Eligible employees who leave the municipal service or who die while
employed and who have fifteen or more years of continuous service
shall receive compensation for unused sick leave hours in a sum equal
to two and one-half percent of their unused sick leave hours multiplied
by their years of continuous service and their base hourly rate of pay at
termination.
(2)Full sick leave accrual will be paid in the event of termination due to
disability.
Use of Sick Leave. Sick leave shall be allowed and used in cases of actual
personal sickness or disability, medical or dental treatment, or as authorized
for personal business. Up to five days sick leave per year may be used for
illness in the immediate family, including registered domestic partner. A new
employee may, if necessary, use up to forty-eight (48) hours of sick leave at
any time during the first six months of employment. Any negative balances
generated by such utilization will be charged against future accrual or
deducted from final paycheck in the event of termination.
An employee who has been disabled for 60 consecutive days and who is
otherwise eligible both for payment under the long-term disability group
insurance coverage and accrued sick leave benefits may, at his/her option,
choose either to receive the long-term disability benefits or to utilize the
remained of his/her accrued sick leave prior to applying for long-term disability
benefits.
(d)Sick leave will not be granted for illness occurring during any leave of absence
unless the employee can demonstrate that it was necessary to come under
the care of a doctor while on such other leave of absence.
(e)Return to Work With Limited Duty. Upon approval of department management
and the City Risk Manager, an employee may return to work for doctor-
approved limited duty. Approval for return to work shall be based upon
department ability to provide work consistent with medical limitations, the
location of the work assignment, and the length of time of the limitations. The
City doctor may be consulted in determining work limitations.
Section 2. Bereavement Leave. Leave of absence with pay of three days may be
granted an employee by the head of his or her department in the event of death in the
employee’s immediate family, which is defined for the purposes of this section as wife,
25
husband, son, son-in-law, daughter, daughter-in-law, mother, mother-in-law, father, father-
in-law, brother, brother-in-law, sister, sister-in-law, grandmother, grandmother-in,law,
grandfather, grandfather-in-law, aunt, uncle, registered domestic partner, or a close relative
residing in the household of the employee. Such leave shall be at full pay and shall not be
charged against the employee’s accrued vacation or sick leave. Request for leave with
pay in excess of three (3) days shall be subject to the written approval of the City Manager.
Approval of additional leave will be based on the circumstances of each request with
consideration given to the employee’s need for additional time.
Section 3. Military Leave. The provisions of the Military and Veterans’ Code of the State
of California shall govern the granting of military leaves of absence and the rights of
employees returning from such leaves.
Section 4. Leave Without Pay.
(a)Disability. Leaves of absence without pay may be granted in cases of
disability not covered by sick leave. Pregnancy will be considered as any
other disability.. Leaves of absence for disability are subject to physicians’
verification including diagnosis and medical work restriction.
(b)Family Leave. Family leave will be granted in accordance with applicable
state and federal law,
(c)Other Leaves. Leaves of absence without pay may be granted in cases of
personal emergency, or when .such absences would not be contrary to the
best interest of the City. Non-disability prenatal leave is available under this
provision, but such leave shall not begin more than six months prenatal nor
extend more than six months postpartum.
During unpaid leaves of absence for disability or other reasons, the employee may elect "
to use accrued vacation credits. Requests for leaves without pay shall not be
unreasonably denied. In order to avoid misunderstandings, all leaves without pay must be
in writing to be effective.
Section 5. Jury Duty and Subpoenas. Employees required to report for jury duty or to
answer subpoenas as a witness in behalf of the State of California or any of its agencies
shall be granted a leave of absence with pay from their assigned duties until released by
the court, provided the employee remits to the City all fees received from such duties other
than mileage or subsistence allowances within thirty (30) days from the termination of jury
service.
When an employee returns to complete a regular shift following time served on jury duty
or as a witness, such time falling within the work shift shall be considered as time worked
for purposes of shift completion and overtime computation. In determining whether or not
26
an employee shall return to his or her regular shift following Performance of the duties,
reasonable consideration shall be given to such factors as travel time and a period of rest.
When a combination of City work time and jury duty equals 14 or more hours in the 24-hour
period immediately prior to the employee’s shift starting time, the employee will be allowed
a rest period of eight hours. Any portion of the rest period falling within the employee’s
work shift will be considered as hours worked and compensated at the straight time rate.
This provision does not apply to conditions of bona fide emergency. Bona fide emergency
conditions are conditions involving real or potential loss of service or property or perso.nal
danger.
Section 6. Time Off to Vote. Time off with pay to vote in any general or direct primary
election shall be granted as provided in the State of California Elections Code, and notice
that an employee desires such time off shall be given in accordance with the provisions of
said Code.
Section 7. In case of disapproval of extension, revocation or cancellation of an existing
leave of absence, notice shall be sent by certified mail, return receipt requested, to the
employee stating the date of such action, the roason and a specific date to return to work,
which is not less than five working days from date indicated on return receipt.
Section 8. Personal Business Leave Chargeable to Sick Leave. All employees shall
be granted ,up to twenty (20) hours personal business leave per calendar year, chargeable
to sick leave. The employee need not disclose the roason for the personal business. The
scheduling of such leave is subject to the approval of the appropriate level of Management,
and such approval shall not unreasonably be denied.
Section .9. The department shall make every effort to ensure that employees resuming
work following a leave pursuant to Sections 1-10 shall be returned to the assignment, shift,
and/or work location held immediately prior to the leave. If the employee cannot be so
assigned, he or she shall, upon request, be granted a meeting with department
management to discuss the reasons for the change. Upon request, the employee shall be
afforded Union representation at such a meeting..
ARTICLE Xlll -WORKERS’ COMPENSATION INSURANCI:::
Section 1. Industrial Temporary Disability..
(a)While temporarily disabled, employees shall be entitled to use accrued sick
leave for the first three (3) days following the date of injury and thereafter shall
be paid full base salary for a period of not to exceed fifty-seven (57) calendar
days, unless hospitalized, in which case employees shall be paid full base
salary for a period not to exceed sixty (60) days from date of injury.
27
(b)For any temporary disability continuing beyond the time limits set forth in (a)
above, employees shall be paid two-thirds (66 2/3%) of their full base salary
at the time of injury for the duration of such temporary disability in
conformance with the State law.
(c)During the period of temporary disability, an employee’s eligibility for health,
dental, life, LTD, or other insured program will continue with City contributions
at the same rate as for active employees. In case of Subsection (a) above,
the employee will continue to accrue vacation and sick leave benefits. In the
case of Subsection (b), sick leave and vacation benefits shall not be accrued.
Section 2. Vocational Rehabilitation for Permanently Disabled Employees.
Vocational Rehabilitation will be made available to employees who have suffered
permanent disability as a result of an injury or illness sustained in the course and scope
of employment. Vocational Rehabilitation shall be administered in accordance with the
California Labor Code, Division 4.7, Retraining and Rehabilitation, Sections 6200 through
6208, the Americans with Disabilities Act (ADA), and the City of Palo Alto’s Worker’s
Compensation Program.
ARTICLE XlV - BENEFIT PROGRAMS
Section 1. Health Plan.
(a)Active Employees
(b)
During.the term of this Memorandum of Agreement, the City will pay the entire
monthly premium contributions for employees and dependents eligible for the
employee-selected PEMHCA optional plan. Both parties acknowledge that in
future years the City contribution for PEMHCA premiums may be an issue.
Retired Employees
Monthly City-paid premium contributions for a retiree-selected PEMHCA
optional plan will be made as provided under the Public Employees’ Medical
and Hospital Care Act.
(c)Active Employee Domestic Partners
Effective July 1, 1996, active employee domestic partners who meet the
requirements of the City of Palo Alto Declaration of Domestic Partnership, and
are registered with the Human Resources Department, will be eligible for
reimbursement of the actual monthly premium cost of an individual health
plan, not to exceed the average monthly premium cost of individual coverage
28
Section 2.
under the PEMHCA health plans. Evidence of premium payment will be
required with request for reimbursement.
Dental Plan.
(a)The City shall pay all premium payments on behalf of employees, and all
dependents of employees who are eligible for coverage under the City’s self-
funded dental program. Effective July 1, 1996, dependents will include
domestic partners, as defined under Section 1 (c).
(b)During the term of the agreement, the City and the Union will work together to
review benefit provisions of the City’s self-funded dental program. The
purpose of this review is to contain benefit cost increases. Joint
recommendations will be prepared for discussion during successor agreement
negotiations.
Section 3. When a City employee is married to another City employee each shall be
considered as an employee for purposes of health and dental coverage, provided however
that neither shall be covered as a dependent of the other, and dependent children, if any,
shall be covered by only one spouse.
Section 4. Effective July 1, 1987, the provision referred to as the "birthday rule" shall be
added to the "Effect on Benefits" sections of the City Employees’ Health Plan and City
Employees’ Dental Plan. The "birthday rule" provides that when two plans cover an
individual as a dependent, that Plan shall be Primary which covers the individual as a
dependent of a person whose date of birth, excluding year of birth, occurs earlier in a
calendar year. If the other Plan does have a Coordination of Benefits Provision, but does
not have this provision regarding date Of birth, the provision of the other Plan will
determine.
Section 5. Basic Life Insurance The City agrees to continue the basic life insurance
plan as currently in effect for the term of this Memorandum of Agreement.
Section 6. Vision Care. Effective beginning July 1, 1989, the City will offer vision care
coverage for employees and dependents. Coverage is equivalent to $20 Deductible Plan
A under the Vision Service Plan with monthly premiums paid by the employer. Effective
July 1, 1996, dependents will include domestic partners, as defined under Section 1 (c).
Section 7. Deferred Compensation. The City shall make available the necessary payroll
deduction and other procedures to provide a deferred compensation plan.
Section 8. Long Term Disability Insurance. The City shall continue the long term
disability insurance plan currently in effect for the term of this Memorandum of Agreement,
29
with an increase in the maximum benefit level under Plan A to $4,000, effective July 1,
1991.
For Plan A, employee coverage is subject to a voluntary payroll deduction of the insurance
premium applicable to the first $6,000 of monthly salary, less a credit of $11.17 per month
to be paid by the City.
For Plan B, the maximum benefit level is $1800 per month. Employee coverage is subject
to a voluntary payroll deduction of the insurance premium applicable to the first $2000 of
monthly salary for Plan B. The City will pay premiums in excess thereof.
The City will pay up to $17.50 per month toward long term disability insurance premiums
for those employees without eligible dependents covered under the health insurance
provisions.
Section 9. Utility Discount. Eligibility for utility discount for employees with employment
dates beginning after April 1, 1977, will be discontinued.
Section 10. State Disability Insurance Study. Parties agree during the term of the
Memorandum of Agreement to jointly study the possibility of offering State Disability
Insurance to representation unit members.
Section 11. Dependent Care Assistance Program. The City will provide a Dependent
Care Assistance Program for employees according to the provisions of the Federal
Economic Recovery Act of 1981, Code Sections 125 and 129. The program will begin on
January 1, 1988. Program details will be developed and reviewed with the Union prior to
the implementation date.
Section 12. Tuition Reimbursement and Training Programs.
(a)City will reimburse expenses for tuition, books and curriculum fees, inc]ud]n.~
incurred by non-probationary employees within the representation unit, to a
maximum of $566 $1,000 per fiscal year, for classes given by accredited
institutions of learning or approved specialized training groups. The City will
also reimburse professional association memberships and conference
registration fees, professional books and periodicals.
For purposes of this subsection, tuition does not include costs for equipment
or tools (except for computer hardware and software), if the employee may
keep such items at the end of the course.
3O
Purchase of job-related computer software and hardware to a maximum of
$500 per fiscal year may be charged against the $1,000 tuition reimbursement
benefit.
The non-probationary requirement will be waived for probationary employees
when submitting reimbursement for job-required certifications.
All programs eligible under this section must either contribute to the
employee’s job performance or prepare the employee for other City positions,
and must be approved in advance. City employees wishing to engage in
educational programs involving working time maybe granted rescheduled time
if departmental operations permit.
(b)Professional and technical employees assigned by the City to attend
meetings, workshops, or conventions of their professional or technical
associations shall have .their dues and reasonable expenses paid by
departmental funds and shall be allowed to attend such workshops, meetings,
and conventions on paid City time.
(c)Requests for tuition reimbursement will be determined to be taxable income
unless sufficient documentation is provided to support how the course or
seminar is related to improving performance in the employee’s current
position. Reimbursement requests may be submitted at any time, but will be
batch processed on a quarterly basis.
ARTICLE XV - RETIREMENT
Section 1. The City will continue the present benefits under the Public Employees’
Retirement System. 1/50th at age 60 formula act. Employees who retire and were
employed by the City on or before April 1, 1977, and spouses of deceased employees who
were employed by the City on or before April 1, 1977, shall continue reductions in utility
rates. All retired employees and spouses of deceased employees shall also have
residential privileges at City libraries, refuse disposal area, golf course and swimming
pools.
Section 2. Effective with the pay period including May 1, 1984, the City will pay the 7%
employee’s retirement contribution to the Public Employees’ Retirement System (PERS)
except that, subject to the limitation of applicable law/or income tax regulations, employees
31
who file signed Personnel Action Forms with the City Human Resources Department prior
to April 1, 1984, indicating retirement dates from May 1, 1984 through April 30, 1985, shall
not receive this provision but shall instead receive a 5.6% pay increase effective with the
pay period including May 1, 1984. The City Attorney shall make all legal determinations
relating to this exception. For purposes of negotiation hereafter, the payment by the City
of the employee’s contribution shall be deemed 7% adjustment in salary for the year May
1, 1984 through April 30, 1985.
Section 3. Notwithstanding Section 2 above, upon filing a notice of retirement, 7% City-
paid PERS contribution will be converted to a salary adjustment of equal amount on a one-
time irrevocable basis for the final twelve months immediately prior to retirement, provided
that all of the following conditions are met:
(a)The employee must have at least 20 years of City service as of the date of
retirement, or for employees hired prior to May 1, 1989, must attain at least
the age of 55 at the date of retirement, or qualify for the maximum PERS
benefit factor.
(b)
(c)
Twelve months prior to retirement the employee must give notice to the City
for a retirement date certain.
During the 12-month conversion period, the employee shall pay PERS
employee contributions¯
(d)All provisions of this subsection are subject to and conditioned upon
compliance with IRS regulations.
Section 4. In order to continue after June 30, 1994, the provisions of Section 3 of this
article, as soon as possible following ratification of this agreement, the City will contract
with PERS to provide "Reporting the Value of Employer-Paid Member Contributions as
Compensation in Employees’ Final Compensation Period by Contract Amendment
(Government Code Section 20615.5).
-- ;-- ~^-’:"~ upon termmst~on ,.,f PERS contrsct a~nt "Re o
32
Section 5. The City will amend its contract with the Public Employees’ Retirement System
to provide for section 21354, 2% @ 55, Full, Supplemental or Modified Formula for Local
Miscellaneous Members, to be effective January 1, 1999.
ARTICLE XVl - COMMUTE INCENTIVES AND PARKING
Section 1. Commute Incentive. Effective on or before August 1, 1994, represented
employees who qualify may voluntarily elect one of the following commute incentives:
Civic Center Parking. Employees assigned to Civic Center and adjacent work
locations. The City will provide a Civic Center Garage parking permit. New
employees hired after April 30, 1994 may initially receive a parking permit for another
downtown lot, subject to the availability of space at the Civic Center Garage.
Public Transit. The City will provide monthly Commuter Checks worth the value of
$20. These vouchers may be used toward the purchase of a monthly transit pass.
Carpool. The City will provide carpool vouchers worth the value of $20 per month
to each eligible employee in a carpool with two or more people. These vouchers
may be used at designated service stations toward the purchase of fuel and other
vehicle-related expenses.
Bicycle. The City will provide bicycle vouchers worth the value of $20 per month to
eligible employees who ride a bicycle to work. These vouchers may be used at
designated bicycle shops for related bicycle equipment and expenses,
Walk. The City will provide walker vouchers worth the value of $20 per month to
eligible employees who walk to work. These vouchers may be used at designated
stores for expenses related to walking such as footwear and related accessories.
Section 2. ParkingLot Security - Municipal Service Center. The City will provide
fenced and locked parking facilities for Municipal Service Center employees. Procedures
will be established for entering and leaving the parking facilities.
Section 3. The City will provide bicycle lockers and motorcycle parking areas for City
employees at mutually agreeable work locations. ~
33
ARTICLE XVII = PHYSICAL EXAMINATIONS
If any non-probationary employee who is required to have a City-provided physical
examination not related to workers’ compensation programs disagrees with the findings of
the City-sponsored physician, he/she may consult with his/her own physician and, if his/her
private physician’s report conflicts with that of the City physician in terms of ability to work
at his/her regular job, then he/she may request an evaluation of his/her problem through
a third physician mutually agreed upon by the employee and the City. Cost for such
examination will be equally shared and the decision of this physician concerning the
continuing ability of the employee to perform his/her work in his/her regular job without
exposing himself/herself to further injury as a result of his/her condition shall be the basis
for returning the employee to his/her regular work.
ARTICLE XVIII - SAFETY
Section 1. Health and Safety Provisions. The City shall furnish and use safety devices
and safeguards and shall adopt use practices, means, methods, operations and processes
which are reasonably adequate to render such employment and place of employment safe,
in conformance with applicable safety regulations under the State Labor and Administrative
Code sections.
The City shall not require or permit any employee to go to or be in any employment or
place of employment which is not safe.
Section 2. Union will cooperate with the City by encouraging all employees to perform
their work in a safe manner.
Section 3. Safety Committees and Disputes. Safety committees composed of
Management and Union stewards in the below listed organizations will meet no less than
ten times annually to discuss safety practices, methods of reducing hazards, and to
conduct safety training. = This shall in no way remove the basic responsibility of safety from
Management nor shall it in any way alter the responsibility of the employee to report unsafe
conditions directly and immediately to his or her supervisor.
Community Services
Public Works
Water-Gas-Wastewater Field Operations
Electric Field Operations
Water Quality Control
(a)A committee composed of one facilities Management representative, one
building inspection representative, two Union representatives, and the City
34
Risk Manager will meet at least quarterly concerning safety matters of the
Civic Center.
(b)A ten-member Citywide Union/Management safety committee with equal
Union and Management membership will meet upon call to review safety and
occupational health standards and practices, discuss overall City safety and
health problems, and to act as an advisory group to the departmental safety
committees. The committee shall review all departmental safety programs
and recommend change where necessary.
(c)In cases of dispute over safe working conditions the employee will first report
such unsafe conditions to his or her supervisor and every attempt will be made
to rectify the problem at this level. The employee may contact his or her
steward to assist in the resolution of the dispute. If the problem cannot be
resolved the Risk Manager will be contacted and the problem will be
addressed through the interpretation of the basic safety rules and regulations.
Should the problem not be resolved at this step, the grievance procedure will
be utilized. Safety grievances shall be submitted at Step II1.
(d)In response to recommendations from the Ergonomics Safety Committee,
management will develop training workshops .which include information on
safe ergonomic work practices. Such workshops will be given at least two
times per year. Upon release of CaI/OSHA regulations covering safe
workplace ergonomic standards, management will immediately adopt such
standards as party of its Injury Prevention Program.
ARTICLE XIX - GRIEVANCE PROCEDURE
Section 1. The City and the Union recognize that early settlement of grievances is
essential to sound employee-employer relations. The parties seek to establish a mutually
satisfactory method for ’the settlement of employee grievances, or Union grievances as
provided for below. In presenting a grievance, the aggrieved and/or his or her
representative is assured freedom from restraint, interference, coercion, discrimination or
reprisal. Release time for investigation and processing a grievance is designated in Article
IV of this Memorandum of Agreement.
Section 2. Definition. A grievance is:
(a)An unresolved complaint or dispute regarding the application or interpretation
of rules, regulations, policies, procedures, Memorandum of Agreement or City
ordinances of resolution, relating to terms or conditions of employment, wages
or fringe benefits.
35
(b)
Section 3.
An appeal from a disciplinary action of any kind against an employee covered
by this Memorandum of Agreement.
Conduct of Grievance Procedure.
(a)
(c)
(d)
(e)
(0
An aggrieved employee may be represented by the Union or may represent
himself/herself in preparing and presenting a grievance at any level of review.
Grievances may also be presented by a group of employees. No grievance
settlement may be made in violation of an existing merit rule or memorandum
of agreement. The Union will be notified prior to the implementation of any
settlement made which affects the rights or conditions of other employees
represented by the Union. The Union will be copied on all written
representation unit grievance decisions.
An employee and the representative steward, if any, may use a reasonable
amount of work time so long as there is no disruption of work, in conferring
about and presenting a grievance. Beginning with the third step of the
grievance procedure, the Chief Steward or Alternate Chief Steward may assist
in presenting a grievance and may be present at all Step III, IV, and V
grievance hearings.
The time limits specified in this Article may be extended by mutual agreement
in writing of the aggrieved employee or the Union and the reviewer concerned.
Should a decision not be rendered within a stipulated time limit, the aggrieved
employee may immediately appeal to the next step.
The grievance may be considered settled if the decision of any step is not
appealed within the specified time limit.
If appropriate, the aggrieved employee(s) or the Union and the department
head may mutually agree-to waive Step I and/or Step II of the grievance
procedure.
(g)
(h)
Written grievances shall be submitted on forms provided by the City or on
forms which are mutually agreeable to the City and the Union.
Any retroactivity on monetary grievances shall be limited to the date of
occurrence, except in no case will retroactivity be granted prior to three
months before the grievance was filed in writing.
If the grievance is filed by more than one employee in the bargaining unit, the
Union may, at its option, convert it to a Union grievance after Step II of the
grievance procedure. The Union may also file a grievance in those instances
36
when, under this Memorandum of Agreement, a Union right not directly related
to an individual employee becomes the subject of dispute. Union grievances
shall comply with all of the foregoing provisions and procedures.
Section 4. Grievance Procedure.
~ The aggrieved employee will first attempt to resolve the grievance through informal
discussions with his or her immediate supervisor by the end of the tenth working day
following the discovery of or the incident upon which the grievance is based.’ Every attempt
will be made to settle the issue at this level. (Note: ~For purposes of time limits, the
working days are considered to be Monday through Friday, exclusive of City holidays.)
Step II. If the grievance is not resolved through the informal discussion, the employee will
reduce the grievance to writing and submit copies to the division head or equivalent level
Management employee as designated by Management as appropriate within ten working
days of thediscussion with the immediate supervisor.
The division head or equivalent level Management employee shall have ten working days
from the receipt of a written grievance to review the matter and prepare a written
statement.
Step III. If the grievance is not resolved at Step II, the aggrieved employee may appeal
to his or her department head in writing within ten working days of the receipt of the
division head’s response.
The department head shall have ten working days from the receipt of a written grievance
to review the matter and convey his or her decision by written statement.
Step IV. If the grievance is not resolved at Step III,~ the aggrieved employee may appeal
to an Adjustment Board. Appeals to the Adjustment Board shall be made in writing and
directed to the Human Resources Director within ten working days of receipt of the
department head’s resPonse.. The Human Resources Director shall convene an
Adjustment Board within ten working days of receipt of the appeal. The Adjustment Board
shall consist of two persons appointed by the Union and two persons appointed by the City
Manager.
The Adjustment Board is empowered to call City employees as witnesses.
Within the context of Step IV, the Adjustment Board will have the same powers and
limitations to settle grievances as an arbitrator.
A majority decision of the Adjustment Board shall be final and binding. The Adjustment
Board shall render its findings and decision (if any) to the parties within ten working days
of its meeting.
37
Step V. If the grievance is not resolved at Step IV, the aggrieved employee may choose
between final and binding resolution of the grievances through appeal to the City Manager
or through appeal to final and binding grievance arbitration. For the term of this
Memorandum of Agreement, appeals to final and binding grievance arbitration may be
processed only with Union approval. All Step V appeals must be filed in writing at the
Human Resources Department Office within ten working days of receipt of Adjustment
Board’s disposition under Step IV.
If the aggrieved employee elects final and binding resolution by the City Manager, the City
Manager will choose the methods he or she considers appropriate to review and settle the
grievance. The City Manager shall render a written decision to all parties directly involved
within ten working days after receiving the employee’s appeal.
If the aggrieved employee elects final and binding .arbitration in accordance with this
provision, the parties shall mutually select an arbitrator. In the event the parties cannot
agree on an arbitrator, they shall mutually request a panel of five arbitrators from the
California State Conciliation Service or from the American Arbitration Association if either
party objects to the State Conciliation Service, and select an arbitrator by the alternate
strike method.
The arbitrator shall have jurisdiction and authority only to interpret, apply, or determine
compliance with the provisions of this Memorandum of Agreement and such Merit System
Rules, regulations, policies, procedures, City ordinances, resolutions relating to terms or
conditions of employment, wages or fringe benefits, as may hereafter be in effect in the
City insofar as may be necessary to the determination of grievances appealed to the
arbitrator. The arbitrator shall be without power to make any decision:
(1) Regarding matters of interest.
(2)Contrary to, or inconsistent with or modifying in any way, the terms of
this Memorandum of Agreement.
(3) Granting any wage increases or decreases.
The arbitrator shall be without authority to require the City to delegate or relinquish any
powers which by State law or City Charter the City cannot delegate or relinquish. Where
either party seeks arbitration and the other party claims the matter is not subject to the
arbitration provisions of this Memorandum of Agreement, the issue of arbitrability shall first
be decided by the arbitrator using the standards and criteria set forth in Article XX and
without regard to the merits of the grievance. If the issue is held to be arbitrable, the
arbitration proceedings will be recessed for up to five working days during which the parties
shall attempt to resolve the grievance. If no resolution is reached, the arbitrator will resume
the hearing and hear and resolve the issue on the merits.
38
Copies.of the arbitrator’s decision shall be submitted to the City, the aggrieved employee
and the Union. All direct costs emanating from the arbitration procedure shall be shared
equally by the City and the aggrieved employee or the Union.
ARTICLE XX - UNSATISFACTORY WORK OR CONDUCT
AND DISCIPLINARY ACTION
The City has the right to discipline, demote, or discharge employees for cause.
Non-probationary employees whose work or conduct is unsatisfactory but not. sufficiently
deficient to warrant discipline, demotion, or discharge will be given a written notification of
unsatisfactory work or conduct and an opportunity to improve. Failure to correct
deficiencies and improve to meet standards may result in discipline, demotion, or
discharge.
Notice of disciplinary action must be in writing and served on the employee in person or
by registered mail prior to the disciplinary action becoming effective. However, in extreme
situations where there is reasonable cause, the employee may be removed from pay status
immediately pending such disciplinary action. The notice must be filed on a timely basis
with the Human Resources Department and included in the employee’s personnel file. The
notice of disciplinary action shall include:
(a)
(b)
(c)
Statement of the nature of the disciplinary action;
Effective date of the action;
Statement of the cause thereof;
(d)Statement in ordinary and concise language of the act or the omissions upon
which the causes are based;
(e)Copies of any documents or other items of evidence upon which the
disciplinary action was fully or in part based.
(f)Statement advising the employee of his/her right to appeal from such action,
and the right to Union representation.
If the disciplinary action consists of suspension, any suspension time previously given shall
be credited to the final disciplinary action.
39
ARTICLE XXI = NO ABROGATION OF RIGHTS
The parties acknowledge that Management rights as indicated in Section 1207D of the
Merit System Rules and Regulations and all applicable State laws are neither abrogated
nor made subject to negotiation by adoption of this Memorandum of Agreement.
ARTICLE XXII - OUTSIDE EMPLOYMENT
The provisions of Article 4.7 of the Government Code of the State of California will govern
the determination of incompatible outside employment.
ARTICLE XXIII - WORK STOPPAGE AND LOCKOUTS
The City agrees that it will not lock out employees, and the Union agrees that it will not
engage in any concerted work stoppage or slowdown during the term of this Memorandum
of Agreement. An employee shall not have the right to recognize the picket line of a labor
organization when performing duties of an emergency nature.
ARTICLE XXIV - PROVISIONS OF THE LAW
Section 1. This Memorandum of Agreement is subject to all current and future applicable
Federal and State laws and Federal and State regulations and the Charter of the City of
Palo Alto and the Constitution of the State of California.
Should any of the provisions herein contained be rendered or declared invalid by reason
of any existing State or Federal legislation, such invalidation of such part or portion of this
Memorandum of Agreement shall not invalidate the remaining portions hereof, and they
shall remain in full force and effect, insofar as such remaining portions are severable.
Section 2. This Memorandum of Agreement shall, become a part of the City of Palo Alto
Merit Rules and Regulations.applying to employees assigned to classifications in the SEIU
unit. As applied to employees assigned to the SEIU unit, this Memorandum of Agreement
shall prevail over any conflicting Merit Rules and Regulations.
Section 3. The City and the Union agree by signing this Memorandum of Agreement that
the wages, hours, rights and working conditions contained herein shall be continued in full
force during the term of this Memorandum of Agreement except as otherwise provided for
in the Memorandum of Agreement and shall be binding on both the City and the Union
upon ratification by the Council of the City of Palo Alto and upon ratification by Union
membership.
4O
ARTICLE XXV - COST REDUCTION PROGRAMS
During the term of this agreement, the Union will aggressively assist Management in
developing cost reduction programs. Such programs may include voluntary reduced
hours/pay after this concept is studied by Management, and with such application as may
be approved by Management.
During the term of the agreement, subject to availability of surplus computers, the City will
continue the Computer Loaner Program. The Union will assist in implementing the
program bY supplying volunteers as needed for technical support, to assist in selection of
participants and for distribution and return of computers.
ARTICLE XXVI
Section 1. Employer-paid Member Contributions
During the term of this agreement, the City may reopen the issue of employer-paid member
¯ contributions (EPMC) for the purpose of.negotiating the terms for ending EPMC.
Section 2. Nepotism Policy
During the term of this agreement, the City may reopen negotiations on the issue of
c,hanges in the City nepotism policy.
section 3. Non-disclosure Provisions
During the term of this agreement, the City may reopen negotiations on the subject of non-
disclosure provisions.
ARTICLE XXVII - TERM
The Term of this Memorandum of Agreement shall commence on May 1,-1-996 1998, and
shall expire on April 30, -1-998 2001. Either party may serve written notice upon the other
party during the period between ninety and sixty days prior to April 30, -t-998 2001, of its
desire to amend this Memorandum of Agreement. If, at the time this Memorandum of
41
Agreement would otherwise terminate, the parties are negotiating a new Memorandum of
Agreement, upon mutual agreement the terms and conditions of this Memorandum shall
continue in effect.
EXECUTED: June 24, 1998
FOR LOCAL 715, SEIU, AFL-CIO, CLC:FOR CITY OF PALO ALTO:
s/Mary Lee
s/Olivia Lin
s/Brandon Burke
s/Bill Campbell
s/Ty Campbell
s/Bert Charlesworth
s/Fernando Encisco
s/Joan Lester
s/Michael Litfin
s/Raveen Mann
s/Dan Serna
s/Scott Williams
s/Jay Rounds
s/T.om Habashi
s/Michael Jackson
s/Richard James
s/Joe Saccio
s/Larry Starr
s/Susan Ryerson
s/Paul Thiltgen
42
APPENDIX B
APPRENTICESHIPS
WATER QUALITY CONTROL OPERATOR TRAINEE may lead to positions within Water
Quality Control.
ELECTRICIAN/LINEPERSON - LINEPERSON/CABLE SPLICER APPRENTICE: May lead
to Electrician or Lineperson/Cable Splicer positions.
The. Utilities Department is proposing to formalize the Apprenticeship programs in the
Electric Section to develop journey level electricians and lineperson/cable splicers. The
following are basic concepts/principles to be incorporated:
Positions/classifications to be identified through the normal budget process - three
initially.
The journey level position will not be a promotional opportunity for anyone other than
the apprentice underfilling the position, so long as that apprentice is successfully
progressing through the program.
Employees in the Electrical Assistant classification who qualify will be given first
consideration for the apprentice position prior to other City classifications or
recruiting from outside the City.
o The Electrical Assistant classification will be viewed as a candidate source for the
apprentice program when considering qualifications for hiring electrical assistants.
o A letter of agreement will be entered into by the apprentice and the City identifying
the terms and conditions of the program.
The program will normally require 36 mon{hs to complete.
Normal progress through the program will be in periodic increments with formal
evaluations.
Salary steps will be established to bridge the Electrical Assistant classification into
the journey level classification.
A process for initial selection and placement in the program will be established.
A procedure for removing an unsuccessful apprentice from the program will be
developed.
11.A task force including journey level persons will be assigned to determine the
content and approach to specific elements of training.
12.Training will consist of on-the-job (OJT) and after hours elements (study and formal
classes). Off-the-job training costs will be funded by tuition reimbursement and
departmental funds. Personal time spent in off-the-job training will not be
compensated.
13.The apprentice will be under the continuing guidance of an appropriately qualified
journey level person during OJT. Such journey level persons will be assigned by
Management from among volunteers and will receive no additional compensation.
14.Qualifications/progress will be verified by appropriately kept records.
t5.Unless specifically stated otherwise, regular City personnel policies and MOA
provisions will apply to the apprenticeship program.
16.This program may become a conceptual model for apprenticeships in other divisions
or departments.
ELECTRIC SYSTEMS DISPATCHER APPRENTICE:
May lead to Electric System Dispatcher position. Provisions of the training program to be
developed with a target date of January 1, 1995.
APPENDIX C
No current exceptions. The last exceptions appeared in the 1985-87 Agreement.
APPENDIX D
Section 1. Exceptions to Standard Workday or Work Week for SEIU Representation
Unit
DEPT/DIVISION
COMMUNITY
SERVICES
Arts & Culture
Division
Library Division
CLASSIFICATION
Volunteer Coordinator
¯ Coordinator, Library
Programs
Librarian
Senior Librarian
Library Specialist
Library Assistant
Library Associate
WORKDAY OR WORK
WEEK VARIATION
Each week (30 hours):
15 hours of unscheduled
time; 15 hours of scheduled
time
In a given work week, staff
may work three eight-hour
days, one seven-hour day,
and one nine-hour day. On
a voluntary basis, staff may
work five non-consecutive
days within seven.
Section 2. Rules Governin~j Flexible Work Hours
These rules and procedures are established pursuant to Article VI, Section 8, and are an
application of Article VIII, Sections 1, 2, and 3 of the Memorandum of Agreement to the
classifications of Coordinator, Recreation Programs; Producer, Arts & Sciences Programs;
Program Assistant;,.,=~,~, ° ...... ,,o~,,;^A-, .-,~," ..... ,~, =,’ ,",~., ..... ~=,,,~,’"^- ",, Theater Specialist, in the Recreation
and Arts & Culture Divisions of the Community Services Department, and the
classifications of Associate Planner, Building Planning Technician, CDBG Coordinator,
Engineer, Executive Secretary, Office Specialist, Planner, Senior Planner and Staff
Secretary in the Planning and Community Environment Department.
(a)Flexible Work Schedule
Employees in the covered classification shall be permitted to arrange flexible
work schedules with division approval, providing that such schedules shall
include forty (40) hours per week.
.2.Standard daily office hours shall be Monday through Friday, between the
hours of 8:00 a.m. and 6:00 p.m. Flexible hours may occur for supervision of,
and/or attendance at, evening programs, meetings, weekend events, or other
programs.
(b) Overtime
Emergency call-out work shall be defined as overtime work and compensated
per standard City practices.
If the need arises for overtime work due to an unusual circumstance calling
for extra hours or due to a special event, compensation shall be allowed with
prior approval of the Director of Recreation, Director of Arts and Culture, or
the Director of Planning and Community Environment, and shall be
compensated for, as spelled out in the Memorandum of Agreement.
Section 3. 2080 Plan
(a)
’,-,, ,,,-,,,.’-:-- "’,-,,-,, ,,,u":-- "-,,,~ "’:-’,,,=, -^’:-’~=,,,-,,-,, Either the Union or the Ci~ may withdraw from the
Plan by giving the other party 30 calendar days written notice. In the event of
termination of the plan ^-"~-- "~’"" ..... ""~" ..... "’--’~- ~" "~’~ "°:-’ par~od the
covered classifications will return to an 8-hour or other authorized workday as
provided under Article VIII, Section 1, of this Memorandum of Agreement.
(b)Provisions of the 2080 Plan are as follows. To the extent that these provisions are
in conflict with other provisions of the Memorandum of Agreement, these provisions
will prevail.
2080 Plan
Under this 2080 Plan, each employee’s hours of work per year may not exceed
2,240. For scheduling purposes, and subject to the Merit System Rules and
Regulations, the employee will be guaranteed not less than 2080 hours per year,
or no less than 52 weeks at the normal number of hours worked per week. Any
employee covered by the Plan who works up to 2,080 hours per year is
compensated for all hours worked at the agreed upon rate. The City must pay
overtime for all hours worked in excess of 12 in any workday, 56 hours in any work
week, or 2080 hours in 52 weeks as the case may be. The rate of overtime will be
at time and one-half the employee’s regular rate of pay (or current contract overtime
rate, if different).
Shift Schedule
The Shift schedule shall be a rotating schedule which will allow the System
Operators to reach the equivalent of 40 hours per week in five weeks. Attached as
Exhibit 2 is the shift schedule for the Utility Control Center
All 12-hour shifts shall begin at 7:00 a.m. and 7:00 p.m.
The Relief shift shall begin at 7:00 a.m. and end at 3:30 p.m.
Pay Period
Pay periods and work week will begin Sunday at 7:01 a.m.
Wa~es
Wages will be based on the City of Palo Alto Compensation Plan, which may vary
from time to time as mutually agreed upon.
Overtime
Under the 2080 Plan, the City will pay overtime for all hours worked in excess of 12
in any workday, 56 in any work week, or 2080 in 52 weeks, as the case may be.
Overtime will also be paid for hours worked when an employee is called in to work
other than their regularly-scheduled shift. However, this provision shall not apply
to call-in work on an employee!s relief duties week. The overtime rate of pay will
be one and one-half times (or current contract overtime rate, if different) of the
employee’s regular rate of pay. All overtime worked will be paid to the employee.
No compensatory time off for overtime will be allowed.
Relief Employees
The five Operators share the relief week evenly as they rotate through the five week
cycle.
Relief employee(s) will be utilized within the 12-hours shift schedule only when
relieving for the System Operators on shift. When not relieving, they will work four
eight-hour shifts.
When a vacation relief week results in a 36-hour or 48-hour week, the next
following relief work week will be scheduled for three eight-hour and one four-hour
shift, or two eight-hour shifts, depending on whether 18 or 16 hours were needed
to bring the hours back to the 40-hour average.
Relief Duties
An employee who is scheduled to perform relief duties shall be available for duty
in revolving shifts on any day of the week and may be assigned for relief in any shift
without advance notice. Relief employees will be paid standby pay during their
¯ relief week.
Standby
An employee who is on relief duties is covering standby, and will be compensated
according to Article VIII, Section 7 (a) of the Memorandum of Agreement. If the
relief employee is on vacation or otherwise unavailable for relief duties, the
employee(s) on their three- or four-day off period will be first on standby.
Management reserves the right to utilize Management personnel as Operators on
a short-term, as needed basis, if no Operator is available.
Filling Vacant Positions
If the City elects to fill a vacancy other than by reassignment of the shift or the
utilization of prior or succeeding shift personnel, the following procedure shall be
utilized:
Employees will be called according to their position on the Pre-arranged Overtime
List (POL), with the person with the lowest balance being the first one called. The
purpose of the POL is to fairly distribute the available opportunities. If an employee
turns down the overtime, that amount will be added to the employee’s POL balance.
If an employee cannot be contacted for such assignment, the employee will not
have any overtime added to their POL account balance.
Shift Changes
Shift changes caused by scheduled time off or sick leave will not be considered an
official change in shift.
Maximum Hours Worked
No employee shall work more than 18 consecutive hours.
Rest Period
In a 12-hour workday, employees are entitled to a rest period of 8 consecutive
hours after working 6 hours overtime during the 12 hours immediately prior to the
regularly scheduled hours of work on a workday or non-workday.
Holidays
Employees who begin their day or night shift on an observed holiday will receive
overtime premium in accordance with Section 3, Article X, and eight hours holiday
pay according to Article X, Section 3 of the Memorandum of Agreement.
Employees on their regular day off will be paid eight hours holiday pay for the
holiday. Relief shift employees will be paid eight hours holiday pay and given the
day off. Holiday pay may not be converted to vacation or compensatory time off.
Sick Leave
Sick leave will be earned as indicated in Article XlI, Section l(a) of this
Memorandum of Agreement, and shall be charged in increments of one hour.
Floatin~j Days Off
Floating days off will be converted to hours at eight hours per day and credited to
the employees’ vacation bank for use as scheduled vacation.
1% Annual December Adjustment
Operators will receive their 1% annual December adjustment as pay, subject to
possible negotiated changes in this benefit,
Vacation
An employee’s total entitlement will be converted to hours (eight hours = one day).
A workday will consist of 12 hours, and employees taking vacation will be charged
12 hours of use. Two week notification is required for any scheduled.time off. Only
one person at a time may be scheduled off.
It is the intention of the City that vacation be taken in units of one work week;
however, with approval of his/her supervisor, an employee may use his/her accrued
vacation in units of less than one work week.
Meals
Shift employees shall be permitted to eat their meals during work hours and shall
not be allowed additional time, therefore at City expense.
Overtime Meals
Overtime meals will be provided by the City for appropriate meals missed.
Determination of when an overtime meals is due based on Article VIII, Section 4 (a)
and (b), except 4 (a) 3. When an employee is called out two hours or more before
a regularly scheduled shift and works the regularly scheduledshift, he/she will be
entitled to a meal.
Shift Premium
Shift premium will be handled in accordance with the current Memorandum of
Agreement between the City and the Union, Article VIII, Section 8.
Jury Duty
Time off for jury duty which occurs on a regularly scheduled workday will result in
the employee being credited with up to 12 hours worked, for pay purposes.
Employees called for jury duty who are working the evening portion of the 12-hour
schedule will be placed, for payroll and scheduling purposes, on the day shift for
each scheduled day such employee is required to report for jury duty, and will not
be required to work the evening 12-hour shift before or after beingrequired to report
for jury duty. However, such employee shall return to work on the day shift upon
being released from such duty if there are at least four hours remaining prior to the
end of the day shift.
All other provisions of Article Xll, Section 5, of the current Memorandum of
Agreement shall apply.
APPENDIX E
For employees in the following operations assigned to work schedules other than
Monday through Friday, the calendar day will be considered the holiday for
premium pay of in-lieu scheduling purposes:
Communications
Water Quality Control
Animal Control
Golf Course
Utilities Services
Landfill
Open Space
Police Records Specialist
Electric System Operator
If December 24 and 31 fall on Sunday, then the preceding Friday will be designated
for purposes of excused time off, except in the case of Community Services staff
who may be scheduled to work on Saturday, in which case Saturday will be
designated for purposes of excused time off. For Open Space and Library
personnel, designation of excused time off will be based on Park and Library
schedules and employee preference.
APPENDIX F
CITY OF PALO ALTO DENTAL PLAN CHANGES
Chancjes As Agreed, Effective July 1, 1985:
The City will provide a 50% of reasonable charges, $1,500 lifetime maximum orthodontic
benefit for representation unit employees and their dependents.
Changes as Agreed, Effective May 1, 1987
(b)Effective May 1, 1987, the definition of "Dependent" in City Employees’ Dental Plan
shall include any other unmarried person under age 19, entirely supported by the
employee, permanently residing in the employee’s household and for whom the
employee or the employee’s spouse is (or was before the person’s 18th birthday)
the legal guardian.
Changes as Agreed, Effective January 1, 1990
(c)The dental plan maximum benefit per calendar year shall be $2,000, beginning with
January 1, 1990.
Changes as Acjreed, Effective May 1, 1996
(d)Effective May 1, ’1987, the definition of "Dependent" in City Employees’ Dental Plan
shall include any other unmarried person under age 19, entirely supported by the
employee, permanently residing in the employee’s household and for whom the
employee or the employee’s spouse is (or was before the person’s 18th birthday)
the legal guardian.
(e)The dental plan maximum benefit per calendar year shall be $2,000 beginning with
January 1, 1990.
APPENDIX G
Promotional opportunities within the Communications Division will be carried out in
compliance with procedures set forth in Article VI, Section 5, of the Memorandum
of Agreement between the City and SEIU Local 715, except that:
In sub-paragraph (e) of Article VI, Section 5, the term "seniority" shall be
defined as division seniority.
bo Division seniority will be calculated from an employee’s first day of
employment in the division, minus any unpaid leave.
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
ADOPTING A COMPENSATION PLAN FOR CLASSIFIED
PERSONNEL (SEIU) AND REPEALING RESOLUTION NOS.
7621, 7682 AND 7770
The Council of the City of Palo Alto does RESOLVE as
follows:
~E~IT!~I~I. Pursuant to the provisions of Section 12 of
Article III of the Charter of the City of Palo Alto, the
Compensation Plan, as set forth in Exhibit "A" attached hereto and
incorporated herein by reference, is hereby adopted for the
classified personnel effective retroactive to the commencement of
the pay period including May i, 1998 through and including April
30, 2001.
SECTION 2. The Compensation Plan adopted herein shall be
administered by the City Manager in accordance with the Merit
System Rules and Regulations.
~TJ~I~_~. The Compensation Plan shall continue in effect
until amended or revoked by the Council.
~IT/.Q~_~. The Director of Administrative Services is
hereby authorized to implement the Compensation Plan adopted herein
in her preparation of forthcoming payrolls. The Director of
Administrative Services is further authorized to make changes in
the titles of employee classifications identified in the Table of
Authorized Personnel contained in the 1997-98 budget if such tables
have been changed~in the Compensation Plan.
repealed.
Resolution Nos. 7621, 7682 and 7770 are hereby
II
II
II
II
II
II
II
II
II
II
980714 la¢ 0031997
~. The Council finds that this is not a project
under the California Environmental Quality Act, and therefore, no
environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
City Manager
Director of
Administrative Services
Director of Human Resources
980714 la~ 0031997 2
CITY OF PAL0 ALTO
COMPENSATION PLAN
CLASSIFIED EMPLOYEES
EFFECTIVE:Pay period including May 1, 1998
Through April 30, 2001
AMENDED: July 1, 1998
COMPENSATION PLAN FOR THE CITY OF PALO ALTO
Classified Personnel
SECTION I. SALARY
A.Salary Range Table
Personnel covered by this plan shall receive compensation
within the salary ranges set forth in the Salary Range Tables
that follow Section II. These tables reflect a 94.0% increase
at the ~--Fifth Step effective with the pay period including
May i, 199e8. Effective~with the pay period including May I,
1998, the following classifications will receive special
adjustments at the fifth step as indicated:
Office Specialist
Animal Services Specialist
Data Entry Operator
FacilitiesAssistant
Office Assistant
Police RecordsSpecialist
Park Ranger
Senior Park Ranger
Planner
Associate Planner
CDBG Coordinator
Senior Planner
Assistant Resource .Planner
Associate Resource Planner
Resource Planner
Chemist
Laboratory Technician, WQC
Senior Chemist
Animal Control Officer
Animal Attendant
Veterinarian Technician
3.0%
3.0%
3.0%
3.0%
3 0%
3 0%
3 0%
3 0%
2 0%
2 0%
2 O%
2.0%
2.0%
2.0%
2.0%
1.5%
1.5%
1.5%
1.5%
1.5%
1.5%
Effective with the pay period including July i, 1998, the
following classifications with job description changes .will
receive special adjustments at the fifth step as indicated:
Lineperson Cable Splicer
Lineperson Cable Splicer Lead
and a 3% i~icxe&se at L,u~=_ E-Step effective w~ u~= p
~~ M&y i, 1997, ..... to all~=~~n <he
’ . Effective with the pay period-including
May i, 1999, a 2,0% increase at the Fifth Step will be applied
to all classifications in the representation unit. Effective
with the pay period including May i, 2000, a one-time cash
payment of $1,550 will be made to each representation unit
employeein a pay status or on an approved leave of absence
COMPENSATION PLAN - Classified Employees
Page 2
during that pay period. Regular part-time employees who are
eligible will receive a pro-rata share of the $1,550. The
salary range for each position classification title and number
is expressed in bi-weekly and/or hourly rates along with the
approximate monthly and/or annual equivalent.
Establishment of Salary
The City Manager is authorized to make appointments to or
advancements with the prescribed ranges upon evaluation of
employee qualification and performance.
Merit advancements from the first salary step to the second
salary step shall be granted at six-month intervals and
between the second and subsequent steps at one-year intervals
if the affected employee has demonstrated continued
improvement and efficient and effective service. For the
purpose of determining step time requirements, time wi!l
commence on the first day of the month coinciding with or.
following entrance onto a salary step. Step increases shall
be effective on the first date of the payroll period in which
the time and performance requirements have been met.
In ihe-event that a downward adjustment of a salary range
indicates a reduction in the established salary of an
individual employee, the City Manager may if circumstances
warrant, continue the salary for such employee in an amount in
excess of the revised range maximum for a reasonable period of
time. Such interim salary ranges shall be defined as "Y
rates."
SECTION II.SPECIAL COMpENSATZON
Personnel covered by this compensation plan, in addition to the
salary set forth in Section I above, may receive special
compensation as follows. Eligibility shall be in conformance with
the Merit Rules and Regulations and Administrative Directives
issued by the City Manager for the purposes of clarification and
interpretation.
Ao ¯Overtime. Working Out of Classificat~d In-Lieu Holiday
Compensation for overtime work, working out of classification
and scheduled work on paid holidays shall be in conformance
with the Merit Rules and Regulations and Administrative
Directives.
B. Standby Pay. Call-0ut
COMPENSATION PLAN - Classified Employees
Page 3
i.Standby Compensation
o
Employees performing standby duty shall be compensated at
the rates established below:
Period_____as Compensation ’Effective Dates
Monday through Friday
4:30 p.m. - 8:00 a.m.
$~9r00 42.00 per day
$404)0 43,00 per day
5/1/968
5/1/979
Saturday, Sunday,$N?,4)0 62.00 per day 5/1/968
Holidays $60=00 63.00 per day 5/1/979
Minimum CalliOut Pay
Employees not otherwise excluded from receiving overtime
pay who are called out to perform work shall be
compensated for at least two hours’ pay from the time of
the call-out for each occurrence at the appropriate
overtime rate. ml ~_ . ....... .The two-hour minimum does
not apply to employees.called out to work while earning
pay for being in a standby status.
Night Shift Premium
An additional $~---_1-9 1.22 per hour, effective with the pay
period including May i, 199~8, and $~-_1-~ 1.24 per hour
effective with the pay period including May i, 19999, night
shift premium shall be paid to employees for work performed
between 6:00 p.m. and 8:00 a.m. A minimum of two hours must
be worked between 6:00 p.m. and8:00 a.m. to qualify for the
premium. Employees who regularly work night shifts shall
receive appropriate night shift premiums, relating to night
shift hours worked, in addition to base pay for holidays, sick
leave and vacation.
Tool Allowance
Mechanics in Equipment Maintenance shall be paid an
annual tool allowance of $4~9 510 effective with pay
period including May i, 199~8, and $99~ 515 effective
with the pay period including May I, 19999~ and $525
effective with the pay period including May i, 2000.
COMPENSATION PLAN - Classified Employees
Page 4
m o.
2.All tool allowances shall be paid bi-we~kly.
Group Insurance
I.Health Pla~
The City shall pay all premium payments on behalf ~f
employees and dependents who are eligible for the
employee-selected Public Employees’ Medical and Hospital
Care Act (PEMHCA) optional plan.
a.Active Employee Domestic Partners
Effective July i, 1996, active employee domestic
partners who meet the requirements of the City of
Palo Alto Declaration of Domestic Partnership, and
are registered with the Human Resources Department,
will be eligible for reimbursement of the actual
monthly premium cost of an individual health plan,.
not to exceed the average monthly premium cost of
individual coverage under the PEMHCA health plans.
Evidence of premium payment will be required with
request for reimbursement.
b. Retiree Medical Provisions
Monthly City-paid premium contributions for a
retiree-selected PEMHCA optional plan will be made
as provided under the Public Employees’ Medical and
Hospital Care Act.
2.Dental Plan
The City shall pay all premium payments on behalf of
employees, and dependents of employees. Effective July i,
1996, dependents will include domestic partners as defined
under Section l.a., who are eligible for coverage under the
City’s self-insured dental plan. The maximum benefits per
calendar year shall be $2,000 effective January i, 1990.
The City shall assume any premium rate increase in existing
employee and dependent dental coverage.
3.Basic Life ...Insurance
The City shall continue the basic life insurance plan as
currentIy in effect for the term of this compensation plan.
COMPENSATION PLAN - Classified Employees
Page 5
o Long Term Disability Insurance
The City.shall continue the long term disability insurance
plan currently in effect for the term of this compensation
plan, with an increase in the maximum benefit level under
Plan A to $4,000, effective July i, 1991. For Plan A,
employee coverage is subject to a voluntary payroll
deduction of the insurance premium applicable to the first
$6000 of monthly salary, less a credit of $11.17 per month
to be paid by the City.
For Plan B, the maximum benefit level is $1800 of month.
Employee coverage is subject to a voluntary payroll
deduction of the insurance premium applicable to the first
$2000 of monthly salary for Plan B; the City will pay
premiums in excess thereof.
The City will pay.up to $17.50 per month toward long term
disability insurance premiums for those employees without
eligible dependents covered under the health insurance
provisions.
5.Vision Car@
Effective beginning July I, 1989, the City will offer vision
care coverage for employee and dependents. Coverage is
equivalent to $20 Deductible Plan A under Vision Service
Plan with monthly premiums paid by the employer. Effective
July I, 1996, dependents will include domestic partners as
defined under Section l.a.
F. Commute Incentives and Parking
Effective on or before August I, 1994, represented employees who
qualify may voluntarily elect one of the following commute
incentives:
Civic Center Parking. Employees assigned to Civic Center
and adjacent work locations. The City will provide a Civic
Center Garage parking permit. New employees hired after
April 30, 1994 may initially receive a parking permit for
another downtown lot, subject to the availability of. space
at the Civic Center Garage.
Public Transit. The City will provide monthly Commuter
Checks worth the value to $20. These vouchers may be used
toward the purchase of a monthly transit pass.
COMPENSATION PLAN - Classified Employees
Page 6
Carpool. The City will provide carpool vouchers worth the
value of $20 per month to each eligible employee in a
carpool with two or more people. These vouchers may be used
a designated service stations toward the purchase of fuel
and other vehicle-related expenses.
Bicycle. The City will provide bicycle vouchers worth the
value of $20 per month to eligible employees who ride a
bicycle to work. These vouchers may be used at designated
bicycle shops for related bicycle equipment and expenses.
Walk. The City will provide walker vouchers worth the value
of $20 per month to eligible employees who walk to work.
These vouchers may be used at designated stores for expenses
related to walking such as footwear and related accessories.
G. Dependent Care Assistance
The City will provide a Dependent Care Assistance program for
employees according to the Provisions of the Federal Economic
Recovery Tax Act of 1981, Code Sections 125 and 129.
H. Retirement
o
The City will continue the present benefits under the Public
Employees’ Retirement System 2% at age 60 formula act.
Employees who retire and were employed by the City on or
before April I, 1977, and spouses of deceased employees who
were employed by the City on or before April i, 1977, shall
continue reductions in utility rates. All retired employees
and spouses of deceased employees shall also have
residential privileges at City libraries, refuse disposal
area, golf course and swimming pools.
Effective with pay period including May I, 1984, the City
will pay the 7% employee’s retirement contribution to the
Public Employees’ Retirement System (PERS). Such pick-up
contributions shall be paid by the City in lieu of employee
contributions notwithstanding the fact that such pick-up of
contributions may be designated as employee contributions
for purposes of PERS. For purposes of negotiation
hereafter, the payment by the City of the employee’s
contribution shall be deemed a 7% adjustment in salary for
the year May i, 1984 through April 30, 1985..
Notwithstanding Section 2 above, upon filing a notice of
retirement the 7% City-paid PERS contribution will be
COMPENSATION PLAN - Classified Employees.
Page 7
o
o
converted to a salary adjustment of equal amount on a one-
time irrevocable basis for the final twelve months
immediately prior to a retirement, provided that all of the
following conditions are met:
a o The employee must have at least 20 years of City
service as of the date of retirement, or for employees
hired prior to May i, 1989, must attain at least the
age of 55 at the date of retirement, or qualify for the
maximum PERS benefit factor.
b°Twelve months prior to retirement the employee must
give notice to the City for a retirement date certain.
C o During the 12-month conversion period, the employee
shall pay PERS employee contributions.
d°All provisions of this subsection are subject to and
conditioned upon compliance with IRS regulations.
In order to continue after June 30, 1994, the provisions of
Section J.3 of this Compensation Plan, the. City will
contract with PERS to provide "Reporting the Value of
Employer Paid Member Contributions as Compensation in
Employees Final Compensation Period By Contract Amended"
(Government Code Section 20615.5).
Effective upon tei mii~atio~ of BERS cohtxact
(Govez-nme~ Code Sectioia 20615.5);
The City will
414
The City will amend its.contract with the Public Employees’
Retirement System to provide for section 21354, 2% @ 55,
COMPENSATION PLAN - Classified Employees
Page 8
Full, Supplemental or Modified Formula for Local
Miscellaneous Members, to be effective January i, 1999.
O O O O O O O (D O C) O O (D C) O (D O (D O O O
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ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 1998-99 TO
PROVIDE AN ADDITIONAL APPROPRIATION OF $260,000 FOR
SALARY AND BENEFIT INCREASES RETROACTIVE TO MAY i, 1998
FOR CLASSIFIED PERSONNEL (SEIU)
WHEREAS, pursuant to the provisions of Section 12 of Article
III of the Charter of the. City of Palo Alto, the Council on June
22, 1998 did adopt a budget for fiscal year 1998-99; and
WHEREAS, the City Council has authorized salary and benefits
adjustments for the Classified employees for fiscal year 1998-99;
and
WHEREAS, additional funding of $260,000 is required, in
addition to the appropriation included in the 1998-99 Adopted
Budget, for such increases; and
WHEREAS, City Council authorization is needed to amend the
1998-99 budget as hereinafter set forth.
NOW, THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:
SECTION i. The sum of Two Hundred Sixty Thousand Dollars
($260,000) is hereby appropriated to the salary contingent account
in the General Fund, and the Budget Stabilization Reserve is
correspondingly reduced.
SECTION 2 This transaction will reduce the
Stabilization Reserve from $16,934,508 to $16,674,508.
Budget
SECTION 3. As specified in Section 2.28.080(a) of the Palo
Alto Municipal Code, a two-thirds’ vote of the City Council is
required to adopt this ordinance.
SECTION 4. The Council of the City of Palo Alto hereby finds
that this is not a project under the California Environmental
Quality Act and, therefore, no environmental impact assessment is
necessary.
SECTION 5. As provided in Section 2.04.350 of the Pa!o Alto
Municipal Code, this ordinance shall become effective upon adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Mayor
City Manager
Director of
Services Administrative
Director of Human ,Resources