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HomeMy WebLinkAbout2002-04-08 City Council (3)City of Palo Alto City Manager’s Report 5 TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: HUMAN RESOURCES DATE:APRIL 8, 2002 CMR: 195:02 SUBJECT:REQUEST FOR COUNCIL APPROVAL OF RESOLUTION AMENDING SECTION 1401 OF THE MERIT SYSTEM RULES AND REGULATIONS REGARDING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PALO ALTO AND LOCAL 715, SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) FOR CLASSIFIED PERSONNEL AND RESOLUTION ADOPTING THE COMPENSATION PLAN FOR LOCAL 715, (SEIU). RECOMMENDATION This report recommends Council approval of the attached resolution amending Section 1401 of the Merit System Rules and Regulations regarding the Memorandum of Agreement between the City of Palo Alto and Local 715, Service Employees International Union (SEIU) for Classified Personnel, and Resolution adopting the amended Compensation Plan for Local 715 for Classified Personnel. BACKGROUND A budget for the new classification of Storekeeper-Lead was submitted and approved on May 8, 2001. On June 4, 2001, the City Council approved resolutions adopting the Memorandum of Agreement Between the City of Palo Alto and Local 715, SEIU for Classified Personnel and the Compensation Plan for Classified Personnel. The resolution allowed for a three-year agreement with specified salary increases and equity adjustments each year of the agreement. They did not include the new classification of Storekeeper- Lead, and salary increases for the second and third year for the classification of Utility Compliance Technician Lead were inadvertently omitted. DISCUSSION This action will correct both omissions to the Memorandum of Agreement Between the City of Palo Alto and Local 715, SEIU for Classified Personnel and the Compensation CMR: 195:02 Page 1 of 2 Plan for Classified Personnel. The full text of the agreement, the compensation plan and salary schedule are attached with changes highlighted. RESOURCE IMPACT The annual cost for the proposed reclassification of Storekeeper to Storekeeper-Lead represents a 7% increase over the base Storekeeper compensation or $4,248 including benefits. The 2001-02 Adopted Budget includes full funding for the approximate $1,100 to be paid in the current fiscal year. POLICY IMPLICATIONS This recommendation does not represent any change to existing City policies. ENVIRONMENTAL REVIEW This recommendation does not represent any change to existing City policies. ATTACHMENTS 1.Resolution of the Council of the City of Palo Alto Amending the Merit System Rules and Regulations. 2.Memorandum of Agreement between the City of Palo Alto and Local 715, Service Employees International Union, for Classified Personnel. 3. Resolution Adopting amended Compensation Plan for Classified Personnel. ¯ 4. Compensation Plan for Classified Personnel. PREPARED BY: APPROVED BY: Helen Del Grosso,¯ Mana~ons & Compensation JAY ~...ROUNDS Director of Human Resources CITY MANAGER APPROVAL: HARRISON Assistant City Manager CMR: 195:02 Page 2 of 2 RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 1401 OF THE MERIT SYSTEM RULES AND REGULATIONS REGARDING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PALO ALTO AND LOCAL 715, SEIU, AFL-CIO, CLC The Council of the City of Palo Alto does RESOLVE as follows: SECTION 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 by and between the City of Palo Alto and Local 715, SEIU, AFL-CIO, CLC, consisting- of a Preamble and Articles I through XXVII .and Appendices A through E, attached thereto and incorporated therein, for a term commencing May i, 2001, and expiring April 30, 2004, amended to add two new classifications only, is hereby incorporated into these Merit System Rules and Regulations by this reference as though fully set forth herein. The memorandum of agreement, as amended, shall apply to all employees in classifications represented by said Local 715, SEIU, AFL-CIO, CLC, except where specifically provided otherwise herein. In the case of conflict between this chapter and any other provision(s) of the Merit System Rules and Regulations, this chapter will prevail over such other provision(s) as to employees represented by said Local 715, SEIU, AFL-CIO, CLC." SECTION 2. 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. // // 020401 cl 8120256 1 SECTION 3. under the California Environmental. Quality Act and, no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: The Council finds that this is not a project therefore, City Clerk APPROVED AS TO FORM: Mayor APPROVED: Senior Asst. City Attorney City Manager Director of Human Resources 020401 cl 8120256 2 May 1, 2001 - April 30, 2004 Dear City Employee: TheMemorandum of Agreement contained herein has been negotiated between Local 715, Service Employees’ Intemational Union, AFL-CIO, and the City of Palo Alto. The Agreement contains information about wages, hours and fringe benefits as well as the terms and conditions of employment for .classification within the representation unit. We hope you will keep this Memorandum of Agreement for reference as needed and familiarize yourself with its contents. CITY HUMAN RESOURCES DEPARTMENT LOCAL 715, SEIU City of Palo Alto 250 Hamilton Avenue Palo Alto, California 94301 891 Marshall Street Redwood City, California 94063 (650) 329-2534 FAX: (650) 329-2696 (650) 365-8715 FAX: (650) 365-7956 TABLE OF CONTENTS ARTICLE I - RECOGNITION Section 1 ..........................~ ................................................................1 Section 2 ........................................................................................... ARTICLE II - NO DISCRIMINATION Section 1 ................................................................................., ...........1 Section 2 ...........................................~ ................................................1 ARTICLE III - UNION SECURITY Section 1. Notice ...............................................................................2 Section 2. Agency Shop ......................." .................... ..............................2 Section 3. Documentation Insurance ...........................................’ ..............3 Section 4. Payroll Deduction ............... Section 5. Bulletin Boards and Departmental Mail ........................................4 Section 6. Access to Union Representatives ...................................’ ..............4 Section 7. Meeting Places ......................................................................4 Section 8. Notification to the Union .....4 Section 9. Union Logo .....~ ................................................................... Section 10 ............" ................i~ ...........................................................5 Section 11.".5 Section 12 ........................................................................................15 Section 13. Job Postings ....................................................." ........ ...........5 ARTICLE IV - STEWARDS Section 1 ..........................................................................................5 i Section 2 ..........................................................................................5 Section 3 ...........................................................................................5 Section 4 ...........................................................................................6 Section 5 ...........................................................................................6 Section 6 ....... .................... ................................................................6 ARTICLE V - REDUCTION IN FORCE Section 1 ...............................................................i ...........................6 Section 2 ...........................................................................................6 Section .6 Section 4 .........................i ..................................................." ......~ .......7 " Section 5. Re-Employment List ...........’ ................................., ...................7 Section 6 ................................................... ........................................7 Section 7 ............................ ......" ......................................" ...................7 Section 8 .............................................................................................7 ARTICLE VI - PERSONNEL ACTIONS Section 1. Probation ..............................................................................7 Section 2. Personnel Evaluations ..........i .....i .............................................8 Section 3. Personnel Files.".8 Section 4. Release of Information .............................................................8 Section 5. Promotional Opportunities ..........................................................8 Section 6 ....................................................................................." .....10 Section 7. Apprentice Positions ..............................................................10 ¯ Section 8 ..........................................................................................10 ARTICLE VII - PAY RATES AND PRACTICES Section 1 ..........................................................................................11 Section 2. Step Increases ......................................................................14 Section 3. Working Out of Classification ...................................................14 Section 4. Classification Changes .................................. ................~ ..........15 Section 5. Job Re-Evaluation .....~ ...........................................................15 Section .6. Advance of Vacation Pay ................................." ........................15 Section 7. Assignment to a Lead Position .................................................. 15 Section 8. Realignments and Survey Data Base ..............." ............................15 ARTICLE VIII - HOURS OF WORK, OVERTIME, PREMIUM PAY Section 1. Work Week and Work Day ...............................: ........... .............16 Section 2. Overtime Work .........................................-. ......" ....................16 Section 3. Work Shifts ........................................................................17 Section 4. City-Paid Meals ........................ ...........................................17 Section 5. Break Periods .................................................¯ .....................19 Section 6. Clean-up Time ..................... ..................................................19 Section 7. Standby Pay, Call-Out Pay .............. .........................................19 Section 8. Night Shift Premium ..............................................................20 Section 9. Bilingual Premium ...............................................................,20 ARTICLE IX - UNIFORMS AND TOOL ALLOWANCES Section 1. Section 2. Section 3. Section 4. Uniforms .................¯ ........................................... ...............20 Tool Allowance ......~ .............................................................22 Safety Shoe Allowance." .....23 Certifications ............................¯ ..........................................23 111 Section 5. Weather Protection ................................................................24 ARTICLE X - HOLIDAYS Section 1. Fixed Holidays ................................................." ....................24 Section 2. Pay for Fixed Holidays.’"..25 Section 3. Work on Fixed Holidays... i .....................................................25 Section 4. Variations in Work Week ...........................i ..............i .............25 Section 5. Floating Days Off .................................................................25 ARTICLE XI - VACATIONS Section 1 ............. ........ .....................................................................26 .............................. Section 2.- Holiday Ealling DuringVacation ....................................................27 Section 3. Illness During Vacation ................................, ..........i ..............27 Section 4. Accrued Vacation Pay for Decreased Employees ...............2 ............27 Section 5. Effect of Extended Military Leave ...................... ........................27 Section 6. Vacation at Termination." ..............27 ¯Section 7. Vacation Cash Out ................................................................ 275 ARTICLE XII - LEAVE PROVISIONS Section 1. SickLeave ...........’ ............................... ................................27 Section 2. Bereavement Leave ................................................................28 . Section 3. Military Leave ...................¯ ..................................................28 Section 4. Leave Without Pay ............................................ ......................28 Section 5. Jury Duty and Subpoenas .........................................................29 Section 6. Time Off to Vote ........,.. .......................................................29 Sbction 7 ..........................................................................................29 iv Section 8. Personal Business Leave Chargeable to Sick Leave ..........................30 Section 9 ............................i .................... .........................................30 ARTICLE XIII - WORKERS’ COMPENSATION INSURANCE Section 1. Industrial Temporary Disability... .......................... .....................30 Section 2. Vocational Rehabilitation for Permanently Disabled Employees ..........30 ARTICLE XIV - BENEFIT PROGRAMS Section 1. Health Plan .........................................................................30 Section 2. Dental Plan ....31 Section 3..- ........................................................................................32 Section 4 .........................................................................’ ...32 Section 5. Basic Life Insurance. ...................................................i .. i~ .." .-’-32 ............... Section 6. Vision Care .................................................- .......................32 Section 7. Deferred Compensation .............................................;...: ........32 Section 8. Long Term Disability Insurance., ..............................................32 Section 9. Utility Discount . ....................................... ............................32 Section 10. Effective Date of Coverage for New Employees ....- ........................33 Section 11. Dependent Care Assistance Program ............................~ .............33 Section 12. Tuition Reimbursement and Training Programs .............................33 ARTICLE XV - RETIREMENT ¯ Section 1 ..........................................................................................34 Section 2 ......................................’ ....... .............................................34 Section 3...".34 Section 4...¯ .....................¯ ..................................................................34 ARTICLE XVI - COMMUTE INCENTIVES AND PARKING Section 1. Commute Incentive ................................................................34 Section 2. Parking Lot Security - Municipal Service Center ..... .......................35 Section 3 .................................................. ........................................35 ARTICLE XVII - PHYSICAL EXAI~IINATIONS .............................................35 ARTICLE XViii - SAFETY Section 1. Health and SafetyProvisions .....................................................35 Section 2 .........- ................................................................................36 Section 3. Safety Committees and Disputes ..............................................~..36 ARTICLE XIX - GRIEVANCE PROCEDURE Section 1 ..........................................................................................37 Section 2. Definition ...............................................- ............................37 Section 3. Conduct of Grievance Procedure ......~ .........................................37 Section 4. Grievance Procedure. .................................... .........................38 ARTICLE XX - UNSATISFACTORY WORK OR CONDUCT AND DISCIPLINARY ACTION .................................................................................................. 40 ARTICLE XXI - NO ABROGATION OF RIGHTS ...........................................41 ARTICLE XXII - OUTSIDE EMPLOYMENT.. ~ ......................................i .......41 ARTICLE XXIII - WORK STOPPAGE AND LOCKOUTS .................................41 ARTICLE XXIV - PROVISIONS OF THE LAW Section 1 .........................................................................................41 Section 2... :: ......................................i .............................................41 Section 3 ..........................................................................................41 ARTICLE XXV - COST REDUCTION PROGRAMS .......................................41 vi ARTICLE XXVI - REOPENERS Section 1. Employer-paid Member Contributions .........................................42 Section 2. Non-disclosureProvisions ......" .......42 ARTICLE XXVII - TERM ....................................i ..................................42 APPENDIX A ...................................................’ ........................................44 APPENDIX B APPENDIX C ...." ...............................50. APPENDIX D ...........................................................................................51 APPENDIX E ...........................................................................................57 APPENDIX F... i ....................’ .................................".58 APPENDIX G ..........................................59 vii 2001- 2004 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 purposesof 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 Cha_pte_r_12_0f._th_e_Cj.ty_ of_ P_a_lo_Alto. Me__rit_Syste_rn_Rul_e_s a.n_d R_egulations, 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 workof a minor nature or during bona fide emergencies or on a ’ standby statuswhen willing and qualified unit employees do not live within a reasonable response time of their work location. Supervisory personnel shall be called out to perform unscheduled work only when SEIU unit employees are unavailable to perform such work or in cases of bona fide emergencies as defined in Article VIII, Section 2. In cases of bona fide emergencies,SE1U unit employees shall be called out to complete the necessary work afterthe 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. Notice. 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 and give the employee acurrent copy of the Memorandum of Agreement. When a group employee orientation is held for new employees of thebargaining 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. Agency Shop. (a)Effective upon ratification of this Agency Shop Arrangement, the City agrees to an Agency Shop Arrangement in accordance with State and Federal laws, with automatic dues, service fee, or if qualified, charity fee deductions, as follows: .......... ’.. (b)- During-the-ten’n-of..this Agency-Shop Arrangement,_e~ery.employee. in.the.bargaining ................. unit covered by this Memorandum of Agreement shall: ,(1) remain a member in good standing of the Union; or (2) pay to the Union a monthly service fee, to be set by the union in accordance with applicable law, in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of the organization; or, (3) in the case of an employee who certifies that he/she is a member of a recognized religion, body or sect which has historically held conscientious objection tO joining or financially supporting public employee organizations, pay a charity fee, equal to the service fee, to a non-religious, non-labor charitable fund exempt from taxation under Section 501 (c)(3) of the Internal Revenue Code, chosen from one of the following three charitable organizations agreed to by the City and the Union (or any successor organization(s) agreed to by the City and the Union): United Way of California Community Health Charities Environmental Federation of California Union members may declare their intention to terminate Union membership by registered letter, return receipt requested, to the Director of Human Resources and the Union only during the 30-day period between 60 and 90 days prior to expiration of the Memorandum of Agreement. (c)All current bargaining unit members that are not members of the Union as of ratification of this Agency Shop Arrangement, shall elect one of theabove .payment deduction options, by completing and submitting the Employee Election form, within thirty (30) calendar days of the ratification of this Agency Shop Arrangement. (d)Employees who are newly hired into or who join the bargaining unit after ratification of this Agency Shop Arrangement.shall elect one of the above payment deduction options by completing and submitting the Employee Election form within thirty (30) calendar days of being hired into a classification covered by this MOA. (e) (f) (g) To qualify for deduction of the Charity Fee, the employee must certify to the Union and City that he/she is a member of a bona fide religious body or sect that has historically held conscientious objection to joining or financially supporting public employee organizations. The employee is required to submit to the City and the Union a notarized letter signed by an official of the bona fide religion, body, or sect certifying that person’s membership. Upon request, the City shall provide to the Union a report of payments made by employees that qualify for the Charity Fee option in this subsection. The deductions in this Section shall not apply during any period where an employee is in an unpaid status. Involuntary Ser~,ice Fee Deduction Process: The City shall deduct a service fee from the salary.of each. bargaining unit-member who has not authorized a dues deduction, .service ............ fee deduction or charity fee in writing within the ti.me stated in this Section, above. The Union certifies that it has consulted with knowledgeable legal counsel and has thereby determined that this involuntary service fee deduction process satisfies all constitutional and statutory requirements. The Agency Shop Arrangement shall be rescinded by a majority vote of all the employees in the bargaining unit, provided that: (1)A request for such a vote is supported by a petition containing the signature of at least (30) percent of the employees in the bargaining unit; (2)Such vote is by secret ballot; (3)Such vote may be taken at anytime during the term of the Memorandum of Agreement~ but in no event shall there be more than one vote taken during the term of the Memorandum of Agreement. Indemnification, Defense and Hold Harmless: Union agrees to indemnify and hold harmless the City and all officials, employees, and agents acting on its behalf, from any and all claims, actions, damages, costs, or expenses including all attorney’s fees and costs of defense in actions against the City, its officials, employees or agents as a result of actions taken or not taken by the City pursuant to the Agency Shop Arrangement. (j)Sign-up forms for deduction of union dues, service fees and charity fees shall be provided by the Union and approved by the City. Section 3. Documentation~ Insurance. The City shall supply the Union with: (a) a monthly computer run of the names, addresses and classifications of all bargaining 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; and (b) a list of bargaining unit new hires, terminations and retirements which occurred during the previous month. The Union shall supply the City, and as applicable, the employees, with: (a) documentation required by Government Code Section 3502.5 (f). Section 4. Payroll Deduction. The City shall deduct Union membership dues, service fees, charity fees, and any other mutually agreed upon payroll deduction, which may include voluntary COPE checkoff, from the bi-weekly pay of bargaining unit employees. The dues/fees deduction must be authorized in writing by the employee on an authorization form acceptable to the City and the Union, except as provided in Section 2(g), above. The dues deduction form 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 pursuantto Article XX. City.. shall remit the deducted dues or fees to the Union as sqon 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 of 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 busines~ hours. 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. Section 12. At any time during this agreement the Union may seek to establish an agency shop arrangement pursuant to Government Code Section 3502.5, by initiating the petition and voting procedures.. By mutual agreement, the City and the Union will develop such procedures as may be necessary to facilitate this section. Section 13. Job Postings.. The City shall incorporate the requirements of this Article when publicizing job announcements for classifications covered by this Memorandum of Agreement. 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 ofwork, 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/tier 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. 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 thee 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 list with notice of layoff. Section 3. If the work force is reduced within a department, division, or office for masons 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 ri.ghts 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. 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 carded 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 o,f layoff and ending 60 days following layoff, the City shall pay the employee a severance payequal 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 Public Safety Dispatcher, Chief. Public Safety Dispatcher, Animal Control Officer, Communications Tech, Chief Communications Tech, Community Services Officer, Court Liaison Officer, Crime Analyst, Police Records Specialist, Property Evidence Technician, and Veterinarian Tech), 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 7 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 ihe 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 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 tl~e 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 sha!l 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 i.nquiry. 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. (b) Internal Candidate Eligibility. 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. (c) 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 l~he 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 m,ay include any or all of the following phases: (1) 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) Interviews~ 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 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. Candidates who successfully complete all phases of the selection procedure will be recommended to the appointing authority. (e) 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. (f) 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 performa.nce, seniority will be the determining factor in promotional appointments. (g) Violations. Any violation of this Article may. be appealed t° the Human Resources Director in Step 111 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 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. 10 ARTICLE VII - PAY RATES AND PRACTICES Section 1. (a)Effective with the pay period including May 1, 2001, a 10% increase (4% of which is an equity adjustment) at the Fifth Step will be applied to all classifications in the representation unit. Effective with the pay period including May 1, 2001, the following classifications will receive equity adjustments at the fifth step as indicated. Equity adjustments are not compounded with the 10% increase. Coord. Recycling Programs Public Safety Dispatcher Chief Public Safety Dispatcher Coordinator Rec. Programs Prod Arts/Science Program Theater Specialist Volunteer Coordinator Utility Account Represent, ative Buyer Associate Buyer "Storekeeper Assistant Storekeeper Equipment Parts Technician Park Ranger Senior Ranger Tree Trimmer/Line Clearer Tree Maintenance Agsistant Tree Maintenance Person Tree Trimmer!Line Clearer Assistant Tree Trimmer/Line Clearer-Lead Animal Control Officer Animal Attendant Veterinarian Technician Executive Secretary Program Assistant Staff Secretary Senior Librarian Coordinator Library Programs Librarian Facilities Carpenter Facilities Electrician Facilities Mechanic Facilities Painter 11 9.0% 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% 3.5% 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% 2.0% 2.0% 2.0% 2.0% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% Facilities Maintenance-Lead Building Inspector Building Inspector Specialist BuildinglPlanning Technician Code Enforcement Officer Inspector, Field Services Chief Inspector, WGW Surveying Assistant Surveyor, Public Works Util. Comp Tech Account Specialist Account Assistant Account Specialist-Lead Utility Accounting Technician Offset Equipment Operator Offset Equipment Operator-Lead Mailing Service Specialist Library Specialist Library Assistant Library Associate Park Maintenance Per, son Golf Course Maintenance Person Parks Crew-Lead - Parks/Open Space Assistant Sprinkler System Repairer Power Engineer Assistant Power Engineer Associate Power Engineer Utility Engineering Estimator 1.5% 1.5% 1.5% 1.5% 1.5% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% (b)Effective with the pay period including May 1, 2002, a 5.0% increase at the Fifth Step will be applied to all classifications in the representation unit. .. Effective with the pay period including May 1, 2002, the following classifications will receive equity adjustments at the fifth step as indicated. Equity adjustments are not compounded with the 5% increase. Coordinator Recycling Programs Communications Dispatcher Communication Dispatcher- Chief Coordinator Rec. Programs Prod Arts/Science Program Theater Specialist. Volunteer Coordinator Buyer 12 5% 4% 4% 4.5% 4.5% 4.5% 4.5% 3% Associate Buyer Utility Account Representative Storekeeper Storekeeper-Lead Assistant Storekeeper Equipment Parts Technician Pat.k Ranger Senior Ranger Tree Trimmer/Line Clearer Tree Maintenance Assistant Tree Maintenance Person Tree Trimmer/Line Clearer Assistant Tree Trimmer!Line Clearer-Lead Animal Control Officer Animal Attendant Veterinarian Technician Executive Secretary Program Assistant Staff Secretary Senior Librarian Coordinator Library Programs Librarian Facilities Carpenter Facilities Electrician Facilities Mechanic Facilities Painter ’ Facilities Maintenance-Lead Building Inspector Building Inspector Specialist Building/Planning Technician Code Enforcement Officer Inspector, Field Services Chief Inspector,. WGW Surveying Assistant Surveyor, Public Works Util. Comp Tech Util. Comp Tech.Lead Planner Associate Planner CDBG Coordinator Senior Planner Assistant Resource Planner Associate Resource Planner Resource Planner Account Specialist ¯ Account Assistant 13 3% 2.5% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% .1% 1% 1% 1% 1% 1% 1% 1% !% 1% 1% 1% 1% 1% 1% 1% 1% 1% 0.5% .0.5% Account Specialist-Lead Utility Accounting Technician Offset Equipment Operator Offset Equipment Operator- Lead Mailing Service Specialist Library Specialist Library Assistant Library Associate Park Maintenance Person Golf Course Maintenance Person Parks Crew-Lead Parks/Open Space Assistant Sprinkler System Repairer Power Engineer Assistant Power Engineer Associate Power Engineer Utility Engineering Estimator ¯0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% (c)Effective with the pay period including May i, 2003, a 5.0% increase at the Fifth Step will, be applied to all classifications in the representation unit. (d)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 worldng out of classification shall be as follows: (a) 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. 14 (b) 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). 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 writi.ng 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 ,~acation 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 fortraining and development purposes may be arranged by mutual agreement of the Union and individual City departments. Current exceptions are listed in Appendix C. Section 8. Realignments and Survey Data Base 15 (a) Management and the Union have agreed to a compensation survey data base structure whichidentifies 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 [hat forty hours are worked within each seven days of the fourteen-day period (9/80 plan, with forty-hour work weeks), or any other schedule that results in a 40-hour work week, orfits within the parameters of an FLSA 2080 Plan. 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 Ill, 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. 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: 16 (i) overtime work resulting from personnel replacement for purposes of maintaining scheduled staffing; (ii) overtime work which is planned in advance; (iii) overtime work resulting from being held over for up to four hours to finish work performed during the regular shift. (b) 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 sectionsl or at the employee’s option, the earned compensatory time will be added to the employee’s vacation balanc.e. (c) -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. (d) When an employee is required to work 6 or more hours of overtime (either emergency or opre-arranged) during the. 16 hour period immediately preceding the beginning of the employee’ s regular shift on a workday, the employee shall be entitled to an eight-hour rest period before returning to work. If the rest period overlaps into the second half of the work day, the employee may be given (with supervisor approval) the remaining time off (up to a maximum of 3 hours) at the st?aight time rate of pay. 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. (e) If non-emergency overtime is canceled without at least 40. clock 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. 17 Section 4. City-Paid 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) 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. (2) When an employee is held over on duty so that his/her overtime assignment extends two hours after shift end, and thereafter at intervals of five hours, but not more than six hours, until the continuous overtime assignment ends. (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 more than two hours after the regular or overtime shift end and at intervals of five hours thereafter. (c) 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). (d) With regard to (a) and (b) above, in the event an employee is to be provided a meal or meals pursuant to this section and such meal(s) are not provided due to working conditibns, 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, but will be applied to qualify for the rest period. (e) Emergency overtime meals for Public Safety,Dispatchers. The Police Department will provide meals to employees in an emergency overtime situation involving real or potential loss of service or personal danger. 18 (1) 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. (2) When an employee is held over on duty so that his/her overtime assignment extends two hours after shift end, and thereafter at intervals of five hours, but not more than six hours, until the continuous overtime assignment ends. (3) When an employee is called out two hours or more before a regularly scheduled shift. The employee will be entitled to two meals, the second meal will be consumed on the 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. (f) Non-emergency oVertime meals for Public Safety Dispatchers. The Police Department will provide-meals to employees in non-emergency situations where the assignment extends more than two hours after the regular or overtime shift end and at intervals of five hours thereafter. This policy only applies when an employee is held over, either voluntary or mandated, on duty beyond a scheduled regular or overtime shift. (g) If due to workingconditions the Communications Unit is unable to provide a meal to which an employee is entitled, he or she has the option of receiving One hour of ov’ertime compensation. Section 5. Break Periods. All employees shall be granted a break period or coffee break limited to 15 minutes during each four hours of work. Departments may make reasonable rules concerning break pefi, od scheduling. Break periods not taken shall be waivedl 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 daily rates established below: Monday through Friday Saturday, Sunday, Holidays (b) Minimum Call-Out Pay. Pay Period Including 5/1/01 5/1/02 5/1/03 $45 $47 $50 $66 $69 $73 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. The two-hour minimum does not apply to employees called out to work while earning pay for being in a standby status unless called out to perform billable customer convenience work in which case the two-hour minimum will apply. Section 8. Night Shift Premium. An additional $1.30 per hour effective with the pay period including May 1, 2001, and $1.37 per hour effective with the pay period including May 1, 2002 and $1.44 per hour effective with the pay period including May 1, 2003, 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, relat.ing to night shift hours worked, in addition to base pay for holidays, sick leave and vacation. Section 9. Bilingual Premium. During the first year of this agreement, management will investigate the need for a bilingual premium for positions involving heavy customer contact and bilingual skills. If such positions are identified, management and the union will determine the appropriate premium rate. Implementation of the premium will be subject to the availability and approval of budgetary funds. 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: Police Records Specialist (Uniform specifications and implementation details subject to mutual agreement) 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 lg - Refuse Equipment Operator Equipment Operator - Lead Facilities Carpenter. Facilities Electrician Facilities Maintenance - Lead 20 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 Heavy EquipmentOperator " 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 Storekeeper-Lead Street Sweeper Operator Street Sweeper Operator - Lead Traffic Control Maintainer - Lead Traffic Control Maintainer II 21 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 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 (b) 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 (c) Employees required to wear uniforms shall be provided suitable change rooms and lockers where presently provided. (d) 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. 22 (e) The City will make available, as an alternative to the orange shirts currently provided under Section 1 (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. (f) 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 $550, effective with the pay period including May 1, 2001, and $580, effective with the pay period including May 1, 2002; and $610 effective with the pay periodinCluding May 1, 2003. (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. EmployeeS who are required to maintain commercial driver’s licenses shall have costs for medical examinations paid by: (a)Completing an examination through their PEMHCA provider. After benefits have been paid by the PEMHCA provider, upon presentation of proper documentation, the City will ¯ reimburse any remaining costs, or (b)Completing an examination at the Palo Alto Medical Foundation (PAMF), Occupational Services clinic or other City designated clinic. Employees may use paid leave for attendance at scheduled medical examinations. (c) The C~ty 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 3olf Course Maint Pets [ndust Waste Inspector glech Unit Repairer Requirement Emission Control License; Auto. Excellence Cert. [CBO Certificate Professional Engineer Cert. Ifor E Step) Forklift Operator Cert. IOSHA-approved) Qualified Applicators’ License Backflow Prevention Device Tester Welding Certificate 23 Motorized Equip Mech and Lead Public Safety Dispatcher Public Safety Dispatcher, Chief Sr Operator, WQC Surveyor; PW Free Trimmer/Line Clearer tree Trimmer!Line Clearer- Lead Util Install/Rep series Veterinarian Tech Water Trans Specialist and Lead WQC Plant Oper I WQC Plant Oper 11 WQC Plant Oper Trainee Water Meter Cross- Connection Tech EMS, ASE POST Basic Dispatcher POST Fire Academy POST Basic Dispatcher POST Fire Academy POST Supervision Grade 111 Wastewater Treatment Plant Oper Cert. Licensed Land Surveyor 2ertified Tree Worker and/or ~ualified Line Clearance/Tree Trimmer Cert. OSHA-approved) Certified Arborist Polyethylene Fusing Cert. Sas Operator Cert. (DOT) Animal Health Tech.. Cert. Grade 11 Water Treatment Operator Cert. Grade I Water Treatment Operator Cert. Grade,11 Water Treatment Operator Cert. Grade I Water Treatment Operator Cert. Backfl~w Prevention Tester Cert. (d) 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. 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) 24 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) Employees shall be excused with pay for the full work shift on eitherDecember 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 holiday for 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 considere, d 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 defi.ned 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. Variatio~)s 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 holiday falls 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. 25 (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: June 2001 - One floating day off August 2001 - One floating day off September 2001 - One floating day off March 2002 - One floating day off April 2002 - One floating day off June 2002 - One floating day.off August 2002 - One floating day off September 2002 - One floating day off March 2003 - One floating day off April 2003 - One floating day off June 2003 - One floating day off August 2003 - One floating day off September 2003 - One floating day off March 2004 - One floating day off April 2004 - 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 0r 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 unde~ this. section, the day off so scheduled will be forfeited. ARTICLE XI - VACATIONS Section 1. Each employee shall be entitled to an annual paid vacation,.accrued as follows: (a) Less than four (4) years’ continuous service: 80 hours vacation per year. (b) Four (4) years’ continuous sei:vice through eight (8) years’ continuous service: 120 hours vacation per year. (c) Nine (9) years’ continuous service through thirteen (13) years’ continuous service: 160 hours vacation per year. 26 (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 exc6ss 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 empioyee from work (and for which no othercompensation 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. A~n 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. Section 7. Vacation Cash Out. Once each calendar year an employee may cash out eight or more hours of vacation accrual in excess of 80 hours, to a maximum of 80 hours, provided that the employee has taken as vacation in the previous 12 months at least the number of hours cashed out. ARTICLE XII - LEAVE PROVISIONS Section I. 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 27 accumulated, except that for employees hired after July 1, 1983, sick leave accrual accumulation shall be limited to 1,000 hours and subsections (a)(1) and (a)(2), 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. (b) 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 six 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 agains~ future accrual or deducted from final paycheck in the event of termination. (c) 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, 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 28 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 Califorhia 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 appncaule ~t~tt~ ~tnu 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 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 nine 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 personal danger. 29 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 begiven 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 reason 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 reason 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- 8 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 XIII - WORKERS’ COMPENSATION INSURANCE 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. (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 sickleave benefits. In the case of Subsection (b), sick leave and vacation benefits shall not beaccrued. 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, 30 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 XIV - BENEFIT PROGRAMS Section 1. Health Plan, (a) Active Employees 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 PEM}-ICA optional plan. Both parties acknowledge that in future years the City contribution for PEMI-ICA premiums may be an issue. (b) Retired Employees, Monthly City-paid premium contributions for a reti,ree2selected PEMHCA optional plan will be made as provided under the Public Employees’ Medical and Hospital Care Act. The City, by Resolution, will clarify the intent of the City and CalPERS under Section 22857 of the Government Code to provide that the City’s employer contribution for each annuitant shall be 100% of the single party premium, and the contribution for family members will increase annually by 5% of the difference between the single party premium and the two or family member premium, until such time as the amounts are equal. (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 maximum monthly premium cost of individual coverage under the PEMHCA health plans. Evidence of premium payment will be required with request for reimbursement. (d) At City option during the life of this agreement and if otherwise available: Pursuant to a PERS contract amendment, the City may implement a retiree medical vesting schedule for new employees hired after the effective date of the PERS contract amendment. The City may offer an incentive payment in lieu of City-paid dependent or family medical coverage .for those employees who voluntarily decline dependent coverage. Section 2. Dental Plan. 31 .(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. (c) Effective July 1, 2001, dental implants in conjunction with one or. more missing natural teeth, and removal of implants will be covered as a Major Dental Service at 50% usual, customary and reasonable (UCR.) . Section 3. When a City employee is married to another City employee each shall be considered as an employee for purposes of health and denta! 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. D.eferred 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, with an increase in the m~ximum 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. 32 Foi 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. Effective Date of Coverage for New Employees. For newly-hired regular employees coverage begins on the first day of the month following date of hire for the health plan, dental plan, vision care plan, life insurance and long term disability plans if these benefits are elected. 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 incurred by non- probationary employees within the representation unit, to a maximum of $1,000 per fiscal year, for classes given by accredited institutions of learning or approved specialized train.ing 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. (b) Purchase of job-related-computer software, hardware, high-speed internet access, telecommunication equipment and home office equipment/furniture may be reimbursed under the Section (a) $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 may be granted rescheduled time if departmental operations permit. (c) 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 33 reasonable expenses paid by departmental funds and shall be allowed to attend such workshops, meetings, and conventions on paid City time. (d) 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 utilityrates. 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 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 and pursuant to Government Code Section 20615.5, upon filing, a notice of retirement, the 7% City-paid PERS employee 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. For this final twelve-month period the employee shall pay PERS employee contributions. Section 4. 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 effectiye January 1, 1999. ARTICLE XVI -COMMUTE INCENTIVES AND PARKING Section 1. Commuie 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 34 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: $40 for eniployees traveling three or more zones on Caltrain; $40 for employees using the Dumbarton Express, BART, the ACE train, or a commuter highway vehicle; $35 for employees traveling less than three zones on Caltrain; $35 for employees using VTA, and other buses. These vouchers may be used toward the purchase of a monthly transit pass. Carpool.. The City will provide carpo01 vouchers worth the value of $30 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. Yanpool Program. The City will provide Commuter Checks worth the value up to $60 to each employee voluntarily participating in the Vanpool Program. These vouchers may be used toward payment of the monthly cost. Employees must fulfill the basic requirements of the Employee COmmute Alternatives Program to qualify. ~. 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. Parking Lot 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. 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 35 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, mean~, 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 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 worldng 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 11I. 36 (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 Cal/OSHA regulations covering safe workplace ergonomic standards, management will immediately adopt such standards as party of its Injury Prevention Program. ARTICLE XlX - 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 roles, regulations, policies, procedures, Memorandum of Agreement or City ordinances of resolution, relating to terms or conditions of employment, wages or fringe benefits. (b) An appeal from a disciplinary action of any kind against an employee covered by this Memorandum of Agreement. Section 3. Conduct of Grievance Procedure. (a) 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. (b) 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 11I, IV, and V grievance hearings. (c) The time limits specified in this Article may be extended by mutual agreement ~n writing of the aggrieved employee or the Union and the reviewer concerned. 37 (d) Should a decision not be rendered within a stipulated time limit, the aggrieved employee may immediately appeal to the next step. (e) The grievance may be considered settled if the decision of any step is not appealed within the specified time limit. (f) 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) Written grievances shall be submitted on forms provided by the City or on forms which are mutually agreeable to the City and the Union. (h) 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. (i) 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 1I of the grievance procedure. The Union may also file a grievance in those instances 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 the discussion 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 rl, 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. 38 Step IV. If the grievance is not resolved at Step lIl, 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. Ste~ 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 shal! 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. ¯ ...... 39 (3) Granting any wage increases or decreases. The arbitrator shall be without authority to require the City to delegate orrelinquish 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 heating and hear and resolve the issue on the merits. 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)Statement of the nature of the disciplinary action; (b)Effecti.ve date of the action’,. (c)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. 40 (f) Statement advising the employee of his/her fight to appeal from such action, and the fight to Union representation. If the disciplinary action consists of suspension, any suspension time previously given shall be credited to the final disciplinary action. 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 eml~loyees, and the Union agrees that it will not engpge 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. 41 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. ARTICLE XXVI - REOPENERS 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. Non-disclosure Provisions During the term of this agreement, the City may reopen negotlations on the subject of non- disclosure provisions. ARTICLE XXVII - TERM The Term of this Memorandum of Agreement shall commence on May 1, 2001, and shall expire on April 30, 2004. Either party may serve written notice upon the other party during the period between ninety and sixty days prior to April 30, 2004, of its desire to amend this Memorandum of Agreement. If, at the time this Memorandum of 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. 42’ EXECUTED: FOR:FOR: LOCAL 715, SEIU, AFL-CIO, CLC:CITY OF PALO ALTO: 43 Class Number 206 204 207 277 276 263 244 333 353 247 269 330 256 268 249 382 299 30O 370 371 355 212 536 2O8 408 409 502 305 297 239 301 306 702 234 534 264 255 .317 242 205 214 218 217 Class Title ACCT ASSISTANT ACCT SPEC ACCT SPEC-LEAD ANIMAL ATTENDANT ANIMAL CONTROL OFF ANIMAL SERVICES SPEC ASSOC BUYER ASSOC ENGINEER ASSOC PLANNER ASSOC POWER ENGR ASSOC RES PLANNER ASST ENGINEER ASST POWER ENGR ASST RES PLANNER ASST STOREKEEPER AUTO SERVICE MECH BLDG INSPECTOR BLDG INSPECTOR SPEC BLDG SERVICEPERSON BLDG SERVICEPERSON-L BLDG/PLG TECHNICAIN BUYER CATHODIC TECH CDBG COORD CEMENT FINISHER CEMENT FINISHER LEAD CHEMIST CHF COMM TECH CHF ELEC UNDG INSPEC CHF INSPEC WGW CODE ENFORCEMENT OFF COMM TECH COMMUNITY SERV OFFCR COMPUTER OPERATOR COMPUTER SUP CNTR TR COORD COMPUTER SVCS COORD LIBRARY PROG COORD REC PROG COORD RECYCLING COURT LIAISON OFFICER CRIME ANALYST CUST SVC REPRESENT CUST SVC SPEC APPENDIX A Approx. Monthly Salary at E-Step Effective 5/1/01 Effective 5/1/02 Effective 5/1/03 3,425 .3,886 4,149 3,494 3,742 3,724 4,472 5,856 5,496 6,207 6,274 5,304 5,603 5,664 3,463 4,201 ¯ 5,432 5,798 3,334 3,560 4,390 4,780 5,654 5,874 4,080 4,388 5,541 5,856 6,066 5,811 5,215 5,215 3,842 3,747 5,588 4,307 5,193 4,244 5,047 5,000 5,000 4,147 4,560 3,614 4,099 4,378 3,704 3,967 3,910 4,829 6,149 5,825 6,548 6,650 5,569 5,912 6,004 .3,705 4,411 5,758 6,146 3,501 3,738 4,654 5,163 5,936 6,226 4,284 4,608 5,818 6,149 6,370 6,160 5,529 5,475 4,035 3,934 5,867 4,522 5,505 4,648 5,551 5,250 5,250 4,355 4,789 3,794 4,303 4,596 3,889 4,165 4,106 5,070 6,456 6,116 6,876 6,983 5,848 6,208 6,304 3,891 4,631 6,045 6,453 3,676 3,926 4,886 5,421 6,233 6,538 4,499 4,839 6,110 6,456 6,688 6,468 5,806 5,749 4,236 4,132 6,160 4,747 5,780 4,881 5,829 5,512 5,512 4,574 5,028 44 Class Number 225 260 533 267 530 ¯529 535 332 311 323 319 257 211 396 397 250 220 203 374 375 373 376 377 462 383 455 489 456 459 390 391 508 258 227 308 202 503 254 252 222 253 541 542 531 Class Title DATA ENTRY OPERATOR DESKTOP TECHNICIAN ELEC ASST I ELEC UNDGD INSPEC ELECTRICIAN ELECTRICIAN-APPREN ELECTRICIAN-LEAD ENGINEER ENGR TECH I ENGR TECH II ENGR TECH III ENVIRONMENTAL SPEC EQUIP MAINT SERV PER EQUIP OPERATOR EQUIP OPERATOR:LEAD EQUIP PARTS TECH EXECUTIVE SECRETARY FACILITIES ASST FACILITIES CARPENTER FACILITIES ELECT FACILITIES MAINT-L FACILITIES MECH FACILITIES PAINTER FIELD SVCPERS WGW FLEET SVCS COORD GANG MOWER MECH GAS SYSTEM TECH GOLF COR EQUIP MECH GOLF COR MT PERSON HEAVY EQUIP OPER HEAVY EQUIP OPER-L IND WASTE INSPEC IND WASTE INVTGTR INSPECTOR, FIELD SVC INSTRUM ELEC INVESTMENT ANALYST LABORATORY TECH WQC LIBRARIAN LIBRARY ASSOCIATE LIBRARY ASST LIBRARY SPECIALIST LINEPER/CABLE SPL LINEPER/CABLE SPL-L LINEPER/CABLE SPL-T Approx. Monthly Salary at E-Step Effective 5/1/01 Effective 5/1102 Effective 3,423 4,841 4,224 .5,198 5,654 5,350 6,066 6,597 3,875 4,194 4,683 5,856 3,400 4,004 4,290 3,787 4,296 3,589 4,636 4,636 4,950 4,636 4,636 3,943 4,600 4,102 4,295 4,307 3,955 4,534 4,844 4,920 5,262 5,245 5,326 4,231 4,957 4,194 3,898 3,381 3,685 5,822 6,250 5,655 3,594 5,083 4,435 5,458 5,936 5,617 6,370 6,926 4,069 4,4O4 4,917 6,149 3,570 4,2O5 4,504 4,052. 4,555 3,770 4,915 4,915 5,246 4,915 4,915 4,140 4,830 4,307 4,510 4,522 4,173 4,761 5,087 5,167 5,525 5,560 5,593 4;442 5,205 4,446 4,113 3,567 3,887 6,113 6,562 5,938 5/1/03 3,775 5,338 4,657 5,730 6,233 5,898 6,688 7,273 4,272 4,624 5,163 6,456 3,749 4,414 4,730 4,255 4,782 3,958 5~161 5,161 5,508 5,161 5,161 4,347 5,071 4,522 4,735 4,747 4,381 4,998 5,342 5,425 5,801 5,837 5,872 4,664 5,465 4,667 4,319 3,745 4,082 6,418 6,890 6,234 45 Class Number 532 528 213 5O5 216 241 240 380 381 201 200 230 235 451 281 243 460 245 352 304 210 246 270 232 265 209 237 238 236 357 356 414 262 461 224 511 512 251 5O4 5O6 318 231 280 261 Class Title LINEPER/CABLE SPL-TL LNPER/CBL SPL-APPREN MAILING SVCS SPEC MAINT MECH MARKETING ENG METER READER METER READER-LEAD MOTOR EQUIP MECH MOTOR EQUIP MECH-L OFFICE ASSISTANT OFFICE SPECIALIST OFFSET EQUIP oP OFFSET EQUIP OP-LEAD PARK MAINT PERSON PARK RANGER PARKING ENF OFF PARKS CREW-LEAD PARKS/OPEN SPC ASST PLANNER PLANS CHECK ENGR POLICE RECORDS SPEC POWER ENGR PROD ARTS/SCI PROG PROG-ANALYST PROGRAM ASSISTANT PROPERTY EVID TECH PUB SAFETY DISP-CHIEF PUB SAFETY DISP-FLEX PUBLIC SAFETY DISP REAL PROPERTY AGENT REAL PROPERTY ANLYST REFUSE DISP ATTEN RESOURCE PLANNER SPRINKLER SYS REPR SR CHEMIST SR IND WASTE INSPECT SR INSTRUM.ELECT SR LIBRARIAN SR MECH WQC SR OPERATOR WQC SR PLANNER SR PROG ANALYST SR RANGER SR UTIL FIELD SVC REP Approx. Monthly Salary at E-Step Effective 5/1/01 6,068 5,350 3,040 5,012 6,597 3,877 4,160 4,600 4,907 3,423 3,724 3,386 3,620 3,955 4,187 3,735 4,305 1,528 5,874 6,406 3,724 7,009 4,917 5,588 4,069 3,844 5,278. 4,534 4,699 5,262 4,231 3,560 . 7,442 4,019 6,158 5,258 5,822 4,763 5,711 5,317 6,460 5,974 4,634 5,154 Effective 5/1/02 6,371. 5,617 3,206 5,264 ¯ 6,926 4,071 4,368 4,830 5,153 3,594 3,910 3,572 3,820 4,173 4,480¯ 3,922 4,543¯ 1,613 6,226 6,727 3,910 7,394 5,385 5,867 4,314 4,036 5,752 4,761 5,122- 5,525 4,442 3,738 7,890 4,241 6,467 5,522 6,113 5,049 5,997 5,583 6,848 6,272 4,959 ,5,413 Effective 5/1/03 6,690 5,898 3,367 5,527 7,273 4,274 4,586 5,071 5,41i 3,775 4,106 3,750 4,010 4,381 4,704 4,118 4,770 1,695 6,538 7,063 4,106 ¯ 7,763 5,654 6,160 4,529 4,238 6,040 4,998 5,378 5,801 4,664 3,926 8,285 4,452 6,791 5,798 6,418 5,302 6,297 5,862 7,191 6,586 5,206 5,683 46 Class Number 266 405 392 393 221 248 288 326 325 309 228 229 4O6 412 4O7 435 434 430 .......... 431 ...... 432 400 215 223 272 273 219 310 486 480 481 479 271 233 307 259 278 274 482 484 5O7 501 5OO 509 510 226 Approx. Monthly Salary at E-Step Class Title Effective 5/1/01 Effective 5/1/02 Effective 5/1/03 SR UTIL SYST TECH 5,577 5,856 6,149 ST MAINT ASST 3,385 3,555 31733 ST SW EEPER OP 3,998 4,198 4,407 ST SWEEPER OP-LEAD 4,281 4,496 4,721 STAFF SECRETARY 4,007 4,248 4,461 STOREKEEPER 3,811 4,078 4,283 STOREKEEPEB~EAD 4~1378 ~4,3~,4 4;582 S URVEYING ASST 4,879 5,172 5,430 SURVEYOR, PUBLIC WKS 5,310 5,629 5,910 SYSTEM OP/SCHED 6,123 6,430 6,753 TELEPHONE TECH 4,841 5,083 5,338 THEATER SPECIALIST 5,262 5,761 6,049 TRAF CONT MAINT I ’3,967 4,165 4,373 TRAF CONT MAINT I1 3,671 3,854 4,047 TRAF CONT MAINT-L 4,264 4,477 4,700 TREE MAINT ASST 3,553 3,802 .3,993 TREE MAINT PERSON 3,900 4,173.4,381 TREE TRIM/LN CLR 4,082 4,368 4,586 TREE TRIM/LNCLR~L ..................................4;368 ....................4;673 .................4,907 ....... TREE TRM/LN CLR ASST 3,846 4,114 4,321 TRUCK DRIVER 3,646 3,828 4,019 UTIL ACCT REP 4,813 5,174 5,432 UTIL ACCTG TECH 4,196 4,426 4,648 UTIL COMP TECH 5,704 6,045 6,347 UTIL COMP TECN ¯6~,103 6,4,,68 6,791 UTIL CREDIT/COL SPEC 5,024 5,276 5,539 UTIL ENGR ESTIMATOR 6,170 6,510 6,836 UTIL,FLD SVCS REP 4,818 5,059 5,312 UTIL INSTALLJREP 4,700 4,936 5,182 UTIL INSTALIJREP AST 3,986 4,186 4,395 UTIL INSTALL/REP-L 5,057 5,310 5,576 UTIL LOCATOR 4,437 4,659 4,891 ¯ UTIL RATE ANALYST 5,856 6,149 6,456 UTIL SYST OPER 5,700 5,985 6,285 UTIL SYST TECH 5,215 5,475 5,749 VETERINARIAN TECH 3,822 4,050 4,253 VOLUNTEER COORD 4,463 4,888 5,132 WATER METER REP ASST 3,776 3,965 4,163 WATER METER REPAIR 4,180 4,390 4,610 WATER TRANS SPEC 4,551 4,778 5,018 WATER TRANS SPEC-L 4,863 5,106 5,361 WQC PLT OPER I 3,952 4,149 4,357 ~ WQC PLT OPER II 4,761 4,998 5,248 WQC PLT OPER TRN 3,400 3,570 3,749 WTR MTR CRS CN TEC 4,290 4,504 4,730 4? 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 Linepersor4Cable 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: 1. Positions/classifications to be identified through the normal budget process - three initially. 2. The journey level position will not be a promotional opportunity for anyone other than the apprentice undeffilling- the position, so long as that appi’entice is successfUlly .......... progressing through the program. 3. Employees in Electric Operations who qualify wi!! be given first _consideration for the apprentice position prior to other City classifications or ~-ecruiting from outside the City. 4. A letter of agreement will be entered into by the apprentice and the City identifying the terms and conditions of the program. 5. The program will normally require 36 months to complete. 6. Normal progress through the program will be in periodic increments with formal evaluations. 7. Salary steps will be established to bridge the Electrical Assistant classification into the journey level classification. 8. A process for initial selection and placement in the program will be established. 9. A procedure for removing an unsuccessful apprentice from the program will be developed. 10. A task force including journey level persons will be assigned to determine the content and approachto specific elements of training. 48 11.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. 12. 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. 13. Qualifications/progress will be verified by appropriately kept records. 14. Unless specifically stated otherwise, regular Cit.y personnel policies and MOA provisions will apply to the apprenticeship program. 15. 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. 49 APPENDIX C No current exceptions. The last exceptions appeared in the .1985-87 Agreement. 50 APPENDIX D Section 1. Exceptions to Standard Workday or Work Week for SEIU Representation Unit ’’ DEPT/DIvISION SERVICES Arts & Culture Division Library Division " CLASSIFICATION Volunteer Coordinator WORKDAY OR WORK WEEK VARIATION Each week (30 hours): 15 hours of unscheduled time; 15 hours of scheduled time Coordinator, Library Programs Librarian S eni or Librari an Library Specialist Library Assistant .~Li.brary.Asspc..iat9 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 Governing 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; 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 Sec, retary in the Planning and Community Environment Department. (a) ,Flexible Work Schedule 1. 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 1. Emergency call-out work shall be defined as overtime work and compensated per standard City practices. 51 Section 2. 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. 3. 2080 Plan, (a)Either the Union or the City may withdraw from the Plan by giving the other party 30 calendar days written notice. In the event of termination of the plan, 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. (c) The 2080 Plan or "12 hours per Shift Schedule" is an authorized work schedule for the Electric System Operators and Water Quality Control Plant Operators. 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 hoursper 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 schedules combined must provide full 24-hour, seven (7).days per week coverage for the Utility Control Center and Water Quality Control Plan. The shift schedule shall be a rotating schedule. The Electric System Operators’ shift schedule will reach the equivalent of 40 hours per week in five weeks. The 12-hour shifts begin at 7:00 a.m. and 7:00 p.m. The Relief shift shall begin n’t 7:00 a.m. and end at 3:00 p.m. with lunch taken while working. The shift schedule shall be rotating schedule. The Water Quality Control Plant Operators’ shift schedule will reach the equivalent of 40 hours per week in two weeks. 52 There will be four 12-hour shifts that begin at 6:00 a.m. and 6:00 p.m. The fifth shift will be a 4110 shift that begins at 6 a.m. on three days, and at noon on the fourth day: Pay Period Pay periods and workweek for the System Operations will begin Sunday at 7:01 a,m. Pay periods and workweek for the Water Quality Control Plan Operators will begin Saturday at 6:01 a.m. 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. 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 This provision only applies to the Electric System Operators. 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 This provision only applies to the Electric System Operators. 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 53 This provision only applies to the Electric System Operators. An employee who is on relief duties is covering, standby, and will be compensated according to Article VI]I, 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 fight 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 conside~:ed 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 immedia[ely 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. 54 Sick Leave Sick leave will be earned as indicated in Article XII, Section l(a) of this Memorandum of Agreement, and shall be charged in increments of one hour. Floating 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. 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 scheduled shift, 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 55 to work the evening 12-hour shift before or after being required 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 XII, Section 5, of the current Memorandum of Agreement shall apply. 56 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 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. 57 APPENDIX F CITY OF PALO ALTO DENTAL PLAN CHANGES Changes 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 Agreed~ Effective May 1~ 1996 (®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. 58 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: ao No In sub-paragraph (e) of Article VI, Section 5, the term "seniority’ shall be defined as division seniority. Division seniority will be calculated from an employee’s first day of employment in the division, minus any unpaid leave. 59 RESOLUTION NO.__ RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE COMPENSATION PLAN FOR CLASSIFIED PERSONNEL (SEIU) ADOPTED BY RESOLUTION NO. 8056, AND AMENDED BY RESOLUTION NO. 8059, TO INCLUDE NEW CLASSIFICATION The Council of the City of Palo Alto does hereby RESOLVE as follows: SECTION i. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Compensation Plan adopted by Resolution No. 8056, and amended by Resolution~ No. 8059, is .hereby amended by adding two new employee classifications, as set forth in Exhibit "A", attached hereto and incorporated herein by reference. SECTION 2. The Director of Administrative Services is hereby authorized to implement the amended classifications and salaries as described in Section I. SECTION 3. 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: City Clerk APPROVED AS TO FORM: Mayor APPROVED: Senior Asst. City Attorney City Manager 020312 cl 8120255 Director of Administrative Services Director of Human Resources CITY OF PALO ALTO COMPENSATION PLAN CLASSIFIED EMPLOYEES EFFECTIVE:Pay period including May 1, 2001 Through April 30, 2004 Exhibit "A" ’ COMPENSATION PLAN FOR THE CITY OF PALO ALTO Classified Personnel SECTION I. SALARY Salary Ran.qe Table Personnel covered by this plan shall receive compensation within the salary ranges set forth in the Salary Range Tables that follow Section I1. These tables reflect a 10.0% increase (4% of which is an equity adjustment) at the Fifth Step effective with the pay period including May 1,2001. Effective with the pay period including May 1,2001, the following classifications will receive equity adjustments at the fifth step as indicated. Equity adjustments are not compounded with the 10% increase. Coordinator Recycling Programs Public Safety Dispatcher Public Safety Dispatcher- Chief Coordinator Recreation Programs Prod Arts/Science Program Theater Specialist Volunteer Coordinator Utility Account Representative Buyer Associate Buyer Storekeeper Assistant Storekeeper Equipment Parts Technician Park Ranger Senior Ranger Tree Trimmed Line Clearer Tree Maintenance Assistant Tree Maintenance Person Tree Trimmer/Line Clearer Assistant Tree Trimmer/Line Clearer-Lead 9% 4% 4% 4% 4% 4% 4% 3.5% 3% 3% 3% 3% 3% 3% 3% 2% 2% 2% 2% 2% Animal Control Officer Animal Attendant Veterinarian Technician Executive Secretary Program Assistant Staff Secretary Senior Librarian Coordinator Library Programs Librarian Facilities Carpenter Facilities Electrician Facilities Mechanic Facilities Painter Facilities Maintenance-Lead Building Inspector Building Inspector Specialist Building/Planning Technician Code Enforcement Officer Inspector, Field Services Chief Inspector, WGW Surveying Assistant Surveyor, Public Works Util. Comp Tech Account Specialist Account Assistant Account Specialist-Lead Utility Accounting Technician Offset Equipment Operator Offset Equipment Operator- Lead Mailing Service Specialist Library Specialist Library Assistant Library Associate Park Maintenance Person Golf Course Maintenance Person Parks Crew-Lead Parks/Open Space Assistant Sprinkler System Repairer Power Engineer Assistant Power Engineer Associate Power Engineer Utility Engineering Estimator 2% 2% 2% 2% 2% 2% 1,5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% Effective with the pay period including May 1, 2002, a 5.0% inorease at the Fifth Step will be applied to all classifications in the representation unit. Effective with the pay period including May 1, 2002, the following classifications will receive equity adjustments at the fifth step as indicated. with the 5% increase. Coordinator Recycling Programs Public Safety Dispatcher Public Safety Dispatcher- Chief Coordinator Rec. Programs Prod Arts/Science Program Theater Specialist Volunteer Coordinator Buyer Associate Buyer Utility Account Representative Storekeeper Storekeeper~Lead ~ Assistant Storekeeper Equipment Parts Technician Park Ranger Senior Ranger Tree Trimmed Line Clearer Tree Maintenance Assistant Tree ’Maintenance Person Tree Trimmer/Line Clearer Assistant Tree Trimmer/Line Clearer-Lead Animal Control Officer Animal Attendant Veterinarian Technician Executive Secretary Program Assistant Staff Secretary Senior Librarian Coordinator Library Programs Librarian Facilities Carpenter Facilities Electrician Facilities Mechanic Facilities Painter Facilities Maintenance-Lead Building Inspector Building Inspector Specialist Building/Planning Technician Code Enforcement Officer Inspector, Field Services Chief Inspector; WGW Surveying Assistant Surveyor, Public Works Equity adjustments are not compounded 5% 4% 4% 4.5% 4.5% 4.5% 4.5% 3% 3% 2.5% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% go Util. Comp Tech Util. Comp Tech~Lead Planner Associate Planner CDBG Coordinator Senior Planner Assistant Resource Planner Associate Resource Planner Resource Planner Account Specialist Account Assistant Account Specialist-Lead Utility Accounting Technician Offset Equipment Operator Offset Equipment Operator- Lead Mailing Service Specialist Library Specialist Library Assistant Library Associate Park Maintenance Person Golf Course Maintenance Person Parks Crew-Lead Parks/Open Space Assistant Sprinkler System Repairer Power Engineer Assistant Power Engineer Associate Power Engineer Utility Engineering Estimator 1% 1% 1% 1% 1% 1% 1% 1% 1% 0.5% O.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% ¯ 0.5% Effective with the pay period including May 1, 2003, a 5.0% increase at the Fifth Step will be applied to all classifications in the representation unit. Establishment of Salary The City Manager is authorized to make appointments to or advancements with the prescribed ranges upon evaluation of emp oyee 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 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 date of the payroll period in which the time and performance requirements have been met. 5 In the 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 COMPENSATION Personnel covered by this compensation plan, in addition to the salary set forth in Section I abovel 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. A.Overtime, Workin.q Out of Classification, and In-Lieu Holiday Pay 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. go Standby Pay, Call-Out Pay 1. Standby Compensation Employees performing standby duty shall be compensated at the daily rates established below: Periods Compensation Effective Dates Monday through Friday 4:30 p.m. - 8:00 a.m: $45.00 per day $47.00 per day $50.00 per day 5/1/01 5/1/02 5/1/03 Saturday, Sunday,$66.00 per day 5/1/01 Holidays $69.00 per day 5/1/02 $73.00 per day 5/1/03 Minimum Call-Out 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. The two-hour minimum does not apply to employees called out to work while earning pay for being in a standby status unless called out to perform Do Eo billable customer convenience work in which case the two-hour minimum will apply. Ni.qht Shift Premium An additional $1.30 per hour, effective with the pay period including May 1,2001, and $1.37 .per hour effective with the pay period including May 1,2002, and $1.44 per hour effective with pay period including May 1,2003, 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. 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. Tool Allowance. Mechanics in Equipment Maintenance shall be paid an annual tool allowance of $ 550 effective with pay period including May 1,2001, and $580 effective with the pay period including May 1, 2002 and $610 effective with the pay period including May 1,2003. All tool allowances shall be paid bi-weekly. Group Insurance 1. Health Plan The City shall pay all premium payments on behalf of employees and dependents who are eligible for the employee-selected Public Employees’ Medical and Hospital Care Act (PEMHCA) optional plan. ao 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 maximum 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 ’7 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. The City’s employer contribution for each annuitant shall be 100% of the single party premium, and the contribution for family members will increase annually by 5% of the difference between the single party premium and the two or family member premium, until such time as the amounts are equal. Dental Plan The City shall pay all premium payments on behalf of employees, and dependents of employees. Effective July 1, 1996, dependents will include domestic partner’s as defined under Section 1 .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 1, 1990. Effective July 1,2001, dental implants .in conjunction with one or more missing natural teeth, and removal of implants will be covered as a Major Dental Service at 50% usual, customary and reasonable (UCR.) The City shall assume any premium rate increase in existing employee and dependent dental coverage. Basic Life Insurance The City shall continue the basic life insurance plan as currently in effect for the term of this compensation plan. Lon.q 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 1, 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. o 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. Vision Care Effective beginning July 1, ;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 1, 1996, dependents will include domestic partners as defined under Section l.a. Commute Incentives and Parkinq 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: $40 for employees traveling three or more zones on Caltrain; $40 for employees using the Dumbarton Express, BART, the ACE train or a commuter highway vehicle; $35 for employees traveling less than three zones on Caltrain; $35 for employees using VTA, and other buses. These vouchers may be used toward the purchase of a monthly transit pass. Carpool. The City will provide carpool vouchers worth the Value of $30 per month to each eligible employee in a carpool with two or licensed dirvers. These vouchers may be used a designated service stations toward the purchase of fuel and other vehicle-related expenses. Vanpool Program. The City will provide Commuter Checks worth the value up to $60 to each employee voluntarily participating in the Vanpool Program. These vouchers may be used toward payment of the monthly cost. Employees must fulfill the basic requirement of the Employee Commute Alternatives Program to qualify. 9 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 Dependent Care Assistance Proqram. 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. 2. Backup Child Care. The City will provide Backup Child Care through a third-party provider, in accordance with the "City of Palo Alto Backup Child Care Plan.’-’ H. Retirement 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 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. Effective with pay period including May 1, 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 1, 1984. tl’irough April 30, 1985. Notwithstanding Section 2 above, and pursuant to Government Code Section 20615.5, upon filing a notice of retirement the 7% City-paid PERS employee contribution will be converted to a salary adjustment of equal amount on a one- 10 time irrevocable basis for the final twelve months immediately prior to a retirement. For this final twelve-month period the employee shall pay PERS employee contribution. 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. I.Employee Referral Proqram Effective March, 8, 1999 and subject toadministrative policies and procedures, the Employee Referral Program provides cash award in the amount of $1500 for the referral, and subsequent hiring, of qualified candidates for designated positions which have been identified as difficult to fill by the Director of Human Resources, An initial award of ($750) will be given to the referring employee when a referral candidate is hired. The remaining balance ($750) will be credited at the successful completion of the new employee’s probationary period, provided that the referring employee and new hire are still active employees. This is an 18-month trial program~ J~Tuition Reimbursement City will reimburse expenses for tuition, books and curriculum fees, incurred by non-probationary employees within the representation unit, to a maximum of $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. o Purchase of job-related computer software, hardware, high-speed Internet access, telecommunication equipment and home office equipment/furniture may be reimbursed under the Section (a) $1,000 tuition reimbursement benefit. K. 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