HomeMy WebLinkAbout2001-06-04 City Council (8)City of Palo Alto
City Manage r’s Re
TO:HONORABLE CITY COUNCIL
FROM:
DATE:
SUBJECT:
CITY MANAGER DEPARTMENT: HUMAN RESOURCES
JUNE 4, 2001 CMR: ¯256:01
¯~l,
APPROVAL OF MEMORANDUM OF AGREEMENT, LOCAL 715
SERVICE EMPLOYEES’ INTERNATIONAL UNION (SEIU),
COMPENSATION PLAN FOR CLASSIFIED PERSONNEL AND
APPROVAL OF A BUDGET AMENDMENT ORDINANCE FOR
$471,971
RECOMMENDATION
Staff recommends the following to Council:
Adopt 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 the Service Employees’ International Union, Local 715.
Approve the attached resolution adopting a Compensation Plan for Classified
Personnel, effective with the pay period including May 1, 2001 through April 30,
2004.
3.Adopt the attached Budget Amendment Ordinance for $471,971., representing the first
two months of the agreement in fiscal year 2000-01.
BACKGROUND
The City’s agreement with Service Employees’ International Union, Local 715 (SEIU)
expired on April 30, 2001. Following negotiations, City staff and members of Service
Employees’ International Union have reached agreement according to Council authorization,
the details of which are contained in the attached Memorandum of Agreement.
DISCUSSION
The three-year agreement provides for a first year salary increase of 10.0 percent (4 percent
of which is an equity adjustment) to all represented classifications, and additional equity
adjustments ranging from 1.0 percent to 9.0 percent for 62 classifications, effective with the
pay period including May 1,2001. The equity adjustments are based on benchmark salary
CMR:256:01 Page 1 of 1
surveys, and in large part result from the fact that this employee group received no base
salary adjustment in 2000.
The second year of the agreement provides for a salary increase to all represented
classifications of 5.0 percent, effective with the pay period including May 1, 2002; and
equity adjustments ranging from 0.5 percent to 5.0 percent for 69 classifications based on
salary surveys, effective with the pay period including May r, 2002. The third year provides
for a salary increase to all represented classifications of 5.0 percent, effective with the pay
period including May 1, 2003.
Other provisions to the agreement include:
Increases in standby and night shift premium pay of 5.0 percent, respectively, as part of
the first, second and third years of the agreement. Increases to the tool allowance of 5.0
percent as part of the first, second, and third year of the agreement.
2. Update of"floating holiday" schedule to span the term of the three-year agreement.
3.New "vacation cash out" language which allow employees to cash out up to eighty hours
of accrued vacation.
Modification to various language sections of the contract relating to recognition, union
security, probationary periods for select non-sworn positions in the Police Department,
hours of work, overtime and premium pay, uniforms, jury duty, benefit programs,
retirement, commute incentives, cost reduction programs, apprenticeships and 2080 Work
Schedule.
The focus of this agreement is on base pay adjustment, and bringscompensation for this 600-
employee group to a competitive level. This "catch-up" situation was brought about during
the term of the previous three-year agreement when a retirement benefit improvement was
negotiated and pay increases were relatively low in the first two years with no increase in the
third year.
The full text of the agreement is attached with changes highlighted.
RESOURCE IMPACT
The total cost of first year agreement is $4,045,466, with $2,831,826 in General Fund
expenditures and $1,213,640 in Enterprise Fund expendituresl Two months of the first year
agreement, as part of fiscal year 2000-01, cost $674,244, with $471,971 in General Fund
CMR:256:01 Page 2 of 2
expenditures and $202,273 in Enterprise Fund expenditures. The attached BAO funds this
General Fund portion from the Budget Stabilization Reserve~ The 2000-01 Adjusted Budget
includes full funding for the Enterprise Fund portion.
The total cost of the second year agreement is $2,348,923, with $1,644,246 in General Fund
expenditures and $704,677 in Enterprise Fund expenditures. The remaining portion of the
first year agreement, as well as the second year agreement, is funded within the Proposed
2001-03 budget. The total cost of the third year agreement is $2,192,892, with $1,535,025 in
General Fund expenditure and $657,867 in Enterprise Fund expenditure. Funding for third
year will be included in a future budget document.
POLICY IMPLICATIONS
This recommendation is consistent with existing City policies.
ENVIRONMENTAL REVIEW
This action does not require an environmental review.
ATTACHMENTS
A. Resolution Amending Section 1401 of the Merit System Rules and Regulations
B. Memorandum of Agreement
C. Resolution Adopting a Compensation Plan for Classified Personnel
D. Budget Amendment Ordinance
E.Budget Amendment Ordinances Impacting General Fund Reserves Approved to Date in
2000-01.
PREPARED BYi Delores Turner, Managef~fEmployee Relations and Compensation
Director of Human Resources
CITY MANAGER APPROVAL: ~. ~_~~------~ "
FRANK BENEST
City Manager
CMR:256:01 Page 3 of 3
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 1401 OF THE MERIT SYSTEM RULES
AND REGULATIONS
The Council of the City of Palo Alto does RESOLVE as
follows:
SECTION i. Section 1401 of the Merit System Rules and
Regulations is hereby amended to..~:~e~as foll~s:
"1401. Memorandum of agreement incorporated by
reference. That certain memorandum of agreement
by and between the city of Palo Alto and Local
715A, 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, is hereby incorporated
into these Merit System Rules and Regulations by
reference as though fully set forth herein. Said
memorandum, as amended, shall apply to all
employees in classifications represented by said
Local 715A, SEIU,. AFL-CIO, CLC, except where
specifically provided otherwise herein.
In the case of conflict with this chapter and any
other provisions of the Merit System Rules and
Regulations, this chapter will prevail over such
other provisions as to employees represented by
said Local 715A, SEIU, AFL-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 orany judgment rendered
prior to the effective date of this resolution.
//
//
//
//
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010521 cl 0032458 1
SECTION 3. The Council finds that this is not a project
under the California Environmenta! Quality Act and, therefore, no
environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City .Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
City Manager
Director of
Administrative Services
Director of Human Resources
010521 cl 0032458 2
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 purposes ofttiis Memorandum of Agreement, shall
mean an employee assigned to a classification within the SEIU unit. This Memorandum of
Agreement is pursuant and subject to Sections 3500 - 3510 of the Government Code of the State
of California and Chapter 12 of the City of Palo Alto Merit Rules and Regulations.
ARTICLE I - RECOGNITION
Section 1. Pursuant to Sections 3500 - 3510 of the Government Code of the State of California
and Chapter 12 of the City of Palo Alto Merit System Rules and Regulations, the City recognizes
the Union as the exclusive representative of a representation unit consisting of all regular full and
p~irt-time employees in the classifications listed in Appendix A attached. This unit shall for
purposes of identification be titled the SEIU unitl
Section 2. No supervisor will perform the work of an employee in the SEIU unit provided that
there is an employee available who regularly performs such work. This does not preclude a
supervisor from performing work of a minor nature or during bona fide emergencies or on a
standby status when willing and qualified unit employees do not live within a reasonable
response time of their work location the Municipal Sep.,ice Center.
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, SEIU unit employees shall ~be
called out to complete the necessary work after the immediate emergency situation has been
reasonably contained.
ARTICLE II - NO DISCRIMINATION
Section 1. The City and Union agree that no person employed by or applying for employment
hereto shall be discriminated against because of race, religion, creed, political affiliation, color,
national origin, ancestry, union activity, age, disability sexual orientation, or sex unless sex is a
bona fide occupational qualification as defined in Federal or State law.
Section 2. The City and the Union agree to protect the rights of all employees to exercise their
free choice to join the Union and to abide by the express provisions of applicable State and local
laws.
ARTICLE III - UNION SECURITY
Section 1. When a person is hired in any of the covered job classifications, the City shall notify
that person that the Union is the recognized bargaining representative for the employee in said
unit and give the employee a current copy of the Memorandum of Agreement.
When a group employee orientation is held for new employees of the bargaining unit, a union
representative may make a presentation to such bargaining unit employees for the purpose of
explaining matters of representation. The presentation shall not exceed 15 minutes.
Section 2. Maintenance of Membership. All Union members on payroll deduction for payment
of Union dues on the day of the signing of this Memorandum of Agreement must remain on
payroll deduction for the life of this Memorandum of Agreement or so long as they remain
members of the representation unit. Union members who establish dues payroll deduction during
the term of the Memorandum of Agreement shall remain on payroll deduction for the life of this
Memorandum of Agreement or so long as they remain members of the representation unit. Union
members on dues payroll deduction may declare their intention to terminate such payroll
deduction by registered letter, return receipt requested, to the Director of Human Resources,
following.expiration of this Memorandum of Agreement during the 30-day period between 60
and 90 days prior t0~ expiration of the Memorandum of Agreement. The City will notify the
Union of all payroll deduction cancellations under this provision.’ .......
Section 3. The City shall supply the Union with:
(a) a monthly computer run of the names, addresses and classifications of all unit employees
except those who file written notice with the Human Resources Department objecting to
release of addresses, in which case information will be transmitted without address.
(b) a list of representation unit new hires, terminations and retirements which occurred during
the previous month.
Section 4. Payroll Deduction. The City shall deduct Union membership dues and any other
mutually agreed upon payroll deduction, which may include voluntary COPE checkoff, from the
bi-weekly pay .of member employees. The dues deductiOn must be authorized in writing by the
employee .or an authorization card acceptable to the City and the Union. The dues deduction card
shall include a check box for those employees who wish the Union to receive notification in the
event of unsatisfactory work, conduct, or disciplinary action taken pursuant to Article XX. City
shall remit the deducted dues to the Union as soon as possible after deduction.
Section 5. Bulletin Boards and Departmental Mail. The Union shall have access to inter-
office mail, existing bulletin boards in unit employee work areas, and existing Union-paid
telephone answering device for the purpose of posting, transmitting, or distributing notice or
announcements including notices of social events, recreational events, Union membership
meetings, results of elections and reports of minutes of Union meetings. Any other material must
have prior approval of the Human Resources Office. Action on approval will be taken within 24
hours of submission.
Section 6. Access to Union Representatives. Representatives 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 business 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.
ARTICLE IV - STEWARDS
Section 1. The Union agrees to notify the Director of Human Resources of those individuals
designed as Union officers and stewards who receive and investigate grievances and represent
employees before Management. Alternates may be designated to perform steward functions
during the absences or unavailability of the steward.
Section 2. The number of stewards designated by the Union at a given time shall not exceed
twenty-five (25).
Section 3. It is agreed that, as long as there is no disruption of work, stewards shall be allowed
reasonable release time away from their work duties, without loss of pay, to act in representing a
unit employee or employees on grievances or matters within the scope of representation,
including:
(a)A meeting of the steward and an employee, or employees of that unit related to a
grievance.
(b)A meeting with Management.
(c)Investigation and preparation of grievances.
Grievances may be transmitted on City time.
All steward release time shall be reported on time cards.
Section 4. The Union agrees that the steward shall give advance notification to his/her supervisor
before leaving the work location, except in those cases involving emergencies where advance
notice cann6t 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 the Union such advance notice as is reasonable
3
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 reasons of
change in duties or organization, abolition of position, shortage of work or funds, or completion
of work, employees with the shortest length of service will be laid off first so long as employees
retained are fully qualified, trained, and capable of performing remaining worki Length of
service for the purpose of this article will be based on current service hire date of record in a
regular classification with no adjustment for leaves of absence. Length of service ties will be
determined in favor of the employee with the lowest employee number last four digits.
Employees laid off due to the above reasons will be given written notice at least thirty days prior
to the reduction in force. A copy of such notice will be given to the Union. Such employees shall
be offered priority emploYment rights to regular or hourly positions which are requisitioned and
for which the employees are qualified for a period beginning with notification and ending sixty
days following the reduction in force. Employees transferred or reclassified under this section
will be assigned to the step in the new classification salary range closest to the employee’s salary
range at the time of reclassification. ,
Employees laid off pursuant to this section shall receive the balance of all regular City
compensation owed at termination within 72 hours of the date of termination. This does not
include any amounts payable under Article V, Section 6, or PERS contribution refunds, if any.
Section 4. Employees identified for layoff who have seniority (bumping) rights to their current
or previously held classifications within the representation unit must declare their intention to
exercise these rights within seven (7) working days after written notification of layoff, otherwise
bumping rights will automatically terminate. Bumping may occur within the representation unit,
only to the least senior incumbent of the current or a previously held classification. To
successfully bump, the employee must be fully qualified, trained, and capable of performing all
work in the position bumped. An employee who declares bumping rights may not also claim
priority employment rights. For purposes of this section of the Agreement, the term "working
days" shall mean Mondays through Fridays, exclusive of holidays.
Section 5. Re-Employment List. The names of persons laid off or who through bumping
changed classification in accordance with the provisions of this Article shall be entered upon a
re-employment list in seniority order. The person with the highest seniority on a division re-
employment list for a particular classification when a vacancy exists in that classification in that
division shall be offered the appointment. Names shall be carried on a re-employment list for a
period of two (2) years from the date of separation from City services or change of classification
through bumping. Upon re-employment within the two-year period, the employee’s hire date of
record at the time of layoff will be reinstated.
Section 6. If, pursuant to Section 2, the City is unable to offer a regular position to an employee
during the period beginning with notification of layoff and ending 60 days following layoff, the
City shall pay the employee a severance pay equal to one month’s salary at the employee’s final
rate of pay prior to termination.
Section 7. Employees laid off pursuant to Section 2 who are reinstated to a regular position
within sixty days shall retain the sick leave balance they had at the time of layoff, unless they
have received a sick leave payoff in accordance with Article XII. Upon reinstatement, the
employee’s hire date of record at the time of layoff will be reinstated.
Section 8. No representation unit employee will be laid off or remain on a re-employment list
when hourly employees are performing substantially all the duties of the classification of the
employee receiving a layoff notice, or on a re-employment list. This provision shall not be
applied to hourly positions which have been traditionally used for seasonal and part-time work.
ARTICLE VI - PERSONNEL ACTIONS
Section 1. Probation. Each new regular or part-time employee shall serve a probationary period
of six (6) months, (twelve (12) months for the classifications of Ce.--.a-:’..uvScat~.ons Public Safety
Chxef ................no Pubhe Safety Dispatcher, Animal Control Officer,
Communications Tech, Chief Communications Tech, Community Services Officer, Court
Liaison Officer, Crime Analyst, Police Records Specialist, P~:~i~erty Evideriee~’Fechnieian, 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 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 succe;sful completion of the probationary period, such
terminated employee shall be given written notice of his/her termination with the reasons for the
termination stated therein. The Human Resources Department shall, upon request, afford an
interview in a timely fashion to the terminated employee for discussion of the reasons for
termination..The employee may, upon request, be accompanied by a Union representative. The
interview shall not be deemed a hearing nor shall it obligate the City to reconsider or alter the
termination action.
The parties agree that probationary employees shall have all rights under this Memorandum of
Agreement, including, full and complete access to the grievance procedure, save and except for
instances of suspension, demotion or termination.
Section 2. Personnel Evaluations. Personnel evaluations will be given employees as scheduled
by Management. Personnel evaluations are not appealable through the grievance procedure but,
in the event of disagreement over content, the employee may request a review of the evaluation
with the next higher level of Management, in
consultation with the Human Resources Department. For purposes of this review, the employee
may be represented by the Union. Decisions regarding evaluation appeal shall be made in writing
within ten (10) working days following the review meeting.
Section 3. Personnel Files. Records of all disciplinary actions shall be kept in the .central
personnel file. Employees shall be entitled to sign and date all action forms in their personnel
files. Employees are entitled to review their personnel files upon written request or to authorize,
in writing, review by their Union representatives. An employee or the Union shall be allowed,
upon reasonable request, copies of materials in an employee’s personnel file relating to a
grievance. Records of disciplinary actions, including references in a performance evaluation,
shall be removed from a personnel file upon written request by the employee or in the normal
process of file review after a period of three years, Or sooner as mutually agreed by Management
and the employee.
Section 4. Release of Information. The City will only release information to creditors or other
persons upon prior identification of the inquirer and acceptable reasons for the inquiry.
5
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 the time of posting. Efforts will be made to standardize tests and
procedures where standardization is feasible and appropriate. Any tests used shall be
reasonably predictive of success in the classification, and tests not be biased with respect to
race, sex, sexual orientation, religion, creed, political affiliation, color, national origin,
ancestry, or age. Selection procedures.may include any or all of the following phases:
(1) Application. Both inside and outside candidates will make application on forms
specified bythe 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)i 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.
6
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 performance, seniority will be the determining factor in
promotional appointments.
(g) Violations.
Any violation of this Article may be appealed to the Human Resources Director in Step III of
the grievance procedure.
Section 6. Unit employees applying for a vacant equal or lower paying position shall have the
same rights as unit employees applying for a promotion.
Section 7. Apprentice Positions.
(a) The City shall establish apprentice positions wherever feasible. Length of apprenticeship,
type of training, and pay levels shall be by mutual agreement. Where possible, apprentice
positions will underfill regular positions so that incumbents may automatically progress to
the classification for which they are training upon successful completion of apprenticeship.
The City will meet and confer with the Union before adding any new apprenticeship
programs during the term of this agreement. All apprenticeship programs are listed in
Appendix B.
Section 8. In assigning employees to regular or special shifts, transfer, standby, overtime, or
vacation selection, ability to perform the work, length of service and/or equitable rotation shall
determine the assignments. In accordance with this provision, more definitive rules may be
arranged by mutual agreement of the Union and individual City departments.
ARTICLE VII - PAY RATES AND PRACTICES
Section 1.
(a) Effectiv~e ~ith~_the pay period including May 1, -1-9-98 ~00!;~
classifications in the representation unit.
Effective with the pay period including May 1, 4998 ~00~, the following classifications will
receive ~ ~ltii~ adjustments at the fifth step as indicated ~t31 adj~stm~n~sar6not .
Coord. Recycling Programs
Public Safety Dispatcher
Chief Public Safety Dispatcher
9.0%
4.0%
4.0%
Coordinator Rec. 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 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
Account Specialist
Account Assistant
Account Specialist-Lead
Utility Accounting Technician
Offset Equipment Operator
Offset Equipment Operator-Lead
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%
1.5%
1.5%
1.5%
1.5%
1.5%
1%
.1%
1%
1%
1%
1%
1%
1%
1%
1%
1%
Mailing Service Specialist
Library Specialist
Library Assistant
Library Associate
Park Maintenance Person
Golf Course~Maintenance Person
Parks Crew,Lead
Parks/Open SpaceAssistant
Sprinkler System Repairer
Power Engineer
Assistant Power Engineer
Associate Power Engineer
Utility Engineering Estimator
¸1%
1%
1%
1%
1%
1%
1%
1%
1%
1%
1%
1%
1%
(b)
Coordinator Recycling Programs
Communications Dispatcher
Communication Dispatcher- Chief
Coordinator Rec. Programs
Prod Arts/Science Program
Theater Specialist
Volunteer Coordinator
Buyer
Associate Buyer
Utility Account Representative
Storekeeper
Assistant Storekeeper
Equipment Parts Technician
Park 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
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%
1%
1%
1%
1%
"Program Assistant
Staff Secretary
Senior Librarian
1%
1%
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
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%
1%
1%
1%
1%
1%
1%
1%
1%
1%
1%
1%
1%
1%
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%
0.5%
0.5%
10
Salaries for all represented classes during ihe term of this agreement are listed in
Appendix A,
Section 2. Step Increases. Merit advancements from the first salary step to the second salary
step shall be granted at six-month intervals and between second and subsequent steps at one-year
intervals, if the affected employee has demonstrated continued improvement and efficient and
effective service. For the purpose of determining step time requirements, time will commence on
the first day of the month coinciding with or following entrance onto a salary step. Step increases
shall be effective on the first day of the payroll period in which the time requirements have been
met.
Section 3. Working Out of Classification. The term "working out of classification" is defined
as a Management authorized full-time assignment to a budgeted position on a temporary basis
wherein all significant duties are performed by an individual holding a classification within a
lower compensation range. Pay for working out of classification shall be as follows:
(a) 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.
(b) Employees appointed to a position for vacation, sick leave or other lea~,e 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 writing a re-evaluation of his/her job based
on significant changes in job content or significant discrepancies between job content and
classification description. The request must contain justification and may be made only
during the period of December 10 through January 10. A statement by management that a job
re-evaluation request will be submitted with the departmental budget does not relieve an
employee from the responsibility of submitting his/her own request during this period. The
Administrator &Compensation will respond to such requests in a timely manner. If meetings
11
are held, the employee may request representation. Any changes determined will become
effective the first pay period of the following fiscal year, or the job will be returned to its
previous status.
Section 6. Advance of Vacation Pay. Vacation pay shall be made available in advance of
regular pay day, provided that employee requests such advance in writing to the Finance
Department at least two weeks prior to his/her vacation date. The employee’s supervisor must
verify vacation date on the request.
Section 7. Assignment to a Lead Position. All vacancies in lead positions shall be filled in
accordance with Article VI, Section 5. The pay range for the lead position shall be seven percent
above the pay step of the highest paid employee on the crew. Departmental exceptions for filling
lead positions on a rotational basis for training and development purposes may be arranged by
mutual agreement of the Union and individual City departments. Current exceptions are listed in
Appendix C.
Section 8. Realignments and Survey Data Base
(a) Management and the Union have agreed to a compensation survey data base structure
which identifies specific benchmark classifications, tie classifications, agencies to be
surveyed and survey classification matches. The data base is intended to eliminate duplicate
efforts in surveying and attendant data disputes. The survey data base will be updated by
Management and a copy sent tO the Union six weeks prior to the expiration of this
agreement. This survey will become the basis for special adjustment proposals in successor
agreement negotiations. By agreeing to a survey data base, neither Union nor Management is
under obligation to propose or agree to special adjustments.
(b) At the request of either party, Management and the Union may periodically review the
data base structure. Application for realignment review must be made no later than December
15 of the year before contract expiration. Such review may include examination of tie
classifications based on salary survey or other objective data.
ARTICLE VIII - HOURS OF WORK, OVERTIME~ PREMIUM PAY
Section 1. Work Week and Work Day. The standard workday for regular employees shall be
eight hours to be worked within a maximum of nine hours (five-day work week) or ten hours to
be worked Within a maximum of eleven. (four-day work week) or nine hours to be worked within
a.maximum of ten for four days with a fifth day of four hours (four and one-half day work
week); or, within a fourteen-day period, nine hours to be worked within a maximum of ten hours
for eight days and eight hours to be worked within a maximum of nine hours for one day, with
the work week scheduled to begin so that forty hours are worked within each seven days of the
not be used in any application that requires entitlement to FLSA overtime for working the
regular work week. With the exception of the "9/80 plan" as described above, the standard work
week shall be forty hours to be worked within five consecutive days. Additional exceptions to
the above are listed in Appendix D. The Union shall be notified of any further exceptions to this
section in accordance with Article III, Section 8.
During the term of this agreement, employees, subject to the conditions of their job assignment,
may propose an alternate work schedule as listed under this Section. Such proposals must be
made to the department head through the immediate supervisor. Serious consideration will be
12
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:
(i) overtime work resulting from personnel replacement for purposes of maintaining
scheduled staffing;
(ii) overtime work which is planned in advance;
(fii) 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 offwiil be taken prior to the end of the quarter following the quarter in which the
overtime has been worked. In the event the employee is denied this provision, he/she will be
compensated in pay for such time at the appropriate rate specified by these sections, or at the
employee’s option, the earned compensatory time will be added to the employee’s vacation
balance.
(c) All time for which payi 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.
;11 ko ~t~,,,oa an e hour rest
period before returning to work~~fibd~b~rlap~iht6::the ~ecohd h~f of the
Work d~); ~:~m~eg~:b~’~iven~(~e~ig m~ai)ih~ remaking time off (up
w~rk zhifi wi!! be c~n~i~ere~ a~ h~urz "~,,~rk¢~ ~ c~mpCn~at~d at the straight time rate b~
pay; Any poa~on o~rest~nO~:~iing ~m !he~;eN~ioyee: s wor~ sh~ wdl be
(e) If non-emergency ove~ime is canceled without at least 40 ~ ours notice, the City
shall pay the affected employees two (2) hours’ pay m time ~d one-halK
13
(f) Employees working overtime who are tOO fatigued to continue or return to work, for
safety reasons will be released from duty without compensation.
Section 3. Work Shifts. All employees shall be assigned to work shifts with scheduled starting
and quitting times. Should conditions necessitate a change in starting and quitting times, the
Union will be notified ten (10) working days in advance and permitted to discuss such changes
with the City. This, however, shall not preclude the City’s right to effect schedule changes-
dictated by operational necessity. This section does not apply to overtime scheduling.
Section 4. CiO/-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 conditions,
the employee shall have the option of r,eceiving 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 pet~cJd.
(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.
(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.
14
(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 wi!l 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 working conditions 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 overtime
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 period scheduling. Break periods not taken shall be waived.
Section 6. Clean-Up Time. All employees whose work causes their person or clothing to
become soiled shall be provided with reasonable time before lunch and at shift end for wash-up
purposes.
Section 7. Standby Pay~ Call-Out Pay.
(a) Standby Compensation. Employees
the d.ai!y rates established below:
Monday through Friday
Saturday, Sunday, Holidays
(b) Minimum Call-Out Pay.
performing standby duty shall be compensated at
Pay Period Including ¯
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
Section 8. Night Shift Premium. An additional ~ ~!’3P per hour effective with the pay
period including May 1, 4-9-98 ~-~0!J~, and $1-.24 $!.37per hour e.ffective ~ith the pa~..p.~r~!od .... ~
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
15
the premium. Employees who regularly work night shifts shall receive appropriate night shift
premiums, relating to night shift hours worked, in addition to base pay for holidays, sick leave
and vacation.
ARTICLE IX - UNIFORMS AND TOOL ALLOWANCES
Section 1. Uniforms.
(a)The City will provide uniforms, coveralls or shop coats on a weekly basis, or as
otherwise furnished, for the following jobs and/or classifications:
Animal Control Officer
Assistant Storekeeper
Auto Service Mechanic
Building Service Person - Lead
Building Service Person
Cement Finisher - Lead
Cement Finisher
Chemist
Community Service Officer (Traffic)
Engineering Technician III - Refuse
Equipment Operator
Equipment Operator - Lead
Facilities Carpenter
Facilities Electrician
Facilities Maintenance - Lead
Facilities Mechanic
Facilities Painter
Field Serviceperson
Gang Mower Operator
Gang Mower Mechanic
¯ Gas System Shop/Field Repairer
Golf Course Equipment Mechanic
Golf Course Maintenance Person
Greenskeeper
Heavy Equipment Operator - Lead
Heavy Equipment Operator
Industrial Waste Inspector
Industrial Waste Investigator
Instrumentation Electrician
16
Laboratory Technician, Water Quality Control
Mail Services Specialist
Maintenance Mechanic, Water Quality Control
Mechanical Unit Repairer
Meter Reader
Meter Reader - Lead
Motor Equipment Mechanic - Lead
Motor Equipment Mechanic
Offset Equipment Operator - Lead
Offset Equipment Operator
Park Maintenance Assistant
Parking Enforcement Officer
Park Maintenance Person
Park Crew - Lead
Park Maintenance - Lead
Park Ranger
Parks & Open Space Assistant
Refuse Disposal Attendant
Senior Chemist
Senior Industrial Waste Inspector
Senior Instrumentation Technician
Senior Operator, Water Quality Control
Senior Mechanic, Water Quality Control
Senior Park Ranger
Sprinkler System Repairer
Street Maintenance Assistant
Storekeeper
Street Sweeper Operator
Street Sweeper Operator - Lead ~
Traffic Control Maintainer ~ Lead
Traffic Control Maintainer II
Traffic Control Maintainer I
Tree Trimmer-Line Clearer
Tree Maintenance Assistant
Tree Trimmer-Line Clearer Assistant
Tree Trimmer-Line Clearer - Lead
Tree Maintenance Person
Truck Driver
Utility Field Service Representative
Utility Installer/Repairer
Utility Installer/Repairer Assistant
Utility Insta!ler/Repairer - Lead
Water Meter Repairer
Water Meter Repairer Assistant
Water Transmission Operator - Lead
17
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 wil! be reasonably replaced by the City. Any other claims alleging City liability may
be filed with the City Attorney.
(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 $-540
$550, effective with the pay period including May 1, 4~98 ~:~ii, ~ci ~ ~58~, effective
witia the pay period including May 1, -1-9-99 ~90~; and $-5-2~.~!~ ~ctive w~t~he pay
period including May 1, ~ .
(b) All tool allowances shall be paid bi-weekly.
Section 3. Safe~ 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.
After benefits have been
18
paid by the PEMHCA provider, upon presentation of proper documentation, the City will
~’~*;-’-
Employees may use paid leave for attendance at scheduled medical examinations.
(b ~) The City will pay Special registration and/or certification fees which are required by
Management. During the term of this agreement, the City and the Union may, by mutual
agreement, review, add or delete classifications and/or required certifications listed below:
Classification
Auto Svc Mech
Bldg Inspec Spec
Engineer
Equip Maint Serv Pers
5olf Course Maint Pers
Indust Waste Inspector
Mech Unit Repairer
Motorized Equip Mech
and Lead
Sr Operator, WQC
Surveyor, PW
Utilinstall/Rep series
Veterinarian Tech
Water Trans
Specialist and Lead
WQC Plant Oper I
WQC Plant Oper II
WQC Plant Oper Trainee
Requirement
Emission Control License;
Auto. Excellence Cert.
[CBO Certificate
)rofessional Engineer Cert.
(for E Step)
Forklift Operator Cert.
’OSHA-approved)
Qualified Applicators’ License
Backflow Prevention Device Tester
Welding Certificate
EMS, ASE
Grade III Wastewater Treatment Plant
Oper Cert,
Licensed Land Surveyor
Polyethylene Fusing Cert.
Animal Health Tech. Cert.
Grade II Water Treatment
Operator Cert.
Srade I Water Treatment
Operator Cert.
~rade II Water Treatment
Operator Cert.
Srade I Water Treatment.
19
Water Meter Cross-
Connection Tech
Operator Cert.
Backflow Prevention Tester Cert.
(, ~) 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)
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 either December 24 or December
31, provided, however, that City facilities remain open with reduced staffing levels, that
Management retains the right to determine work schedules, and that neither day be considered a
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 considered a holiday. In the event that any of the
aforementioned days falls on a Saturday, the preceding Friday shall be considered a holiday. If
December 24 and 31 falls on Sunday, then the preceding Friday will be designated for purposes
of the holiday. Exceptions to this provision are listed in Appendix E.
Section 2. Pay for Fixed Holidays.
(a) All employees shall be paid a full day’s pay at their regular straight time base hourly rate
for all fixed holidays as defined herein.
(b) An employee must be in a pay status on the workday preceding the holiday to be eligible
to be compensated for a holiday. This subsection does not apply to an employee who is on an
unpaid medical leave of absence of less than five (5) days.
Section 3. Work on Fixed Holidays. Any employee required to work on a fixed holiday shall be
paid time and one-half for such work in addition to his or her regular holiday pay. Work on a
20
fixed holiday beyond the number of hours in a regular shift shall be compensated at double time
and one-half.
Section 4. Variations in Work Week.
(a) An employee whose work schedule requires that his or her regular days off be other than
Saturday and/or Sunday shall have an additional day off scheduled by the department in the
event a fixed 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.
(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
foil ows so as to produce three-day weekends:
The following conditions will hold:
(a) Management will designate the scheduling of the paid day off under this section at least
thirty days in advance.
(b) If in conformance with this section, ’Management is unable to schedule a day off in the
month indicated, for reasons of shift operations, work scheduling or any other reason, the day
will be added to the employee’s vacation accrual.
(c)If an employee fails to take a day offas scheduled by Management under 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 service 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.
21
(d) Fourteen (14) years’ continuous service through eighteen (18) years’ continuous service:
180 hours vacation leave per year.
(e) Nineteen or more years: 200 hours vacation leave per year.
Employees may accrue up to three times their annual vacation leave without loss of vacation
days. In the event the City is unable to schedule vacation and, as a result thereof, the employee is
subject to loss of accrued vacation, the City shall extend the vacation accrual limit up to one
year, in which time the excess vacation must be scheduled and taken. As long as there is no
interference with departmental operations, there shall be no unreasonable restriction of
increments of use. Employees shall complete six (6) months’ continuous service before using
accrued vacation leave.
Section 2. Holiday Falling During Vacation. In the event a fixed holiday as defined in Article
X falls within an employee’s vacation period, which would have excused the employee from
work (and for which no other compensation is made), an additional workday for such holiday
shall be added to the vacation leave.
Section 3.. Illness During Vacation. When an employee becomes ill while on vacation and such
illness can be supported by a statement from an accredited physician or the employee is
hospitalized for any period, the employee shall have the period of illness charged against sick
leave and not against vacation leave.
Section 4. Accrued Vacation Pay for Deceased Employees. An employee who is eligible for
vacation leave and who dies while in the municipal service shall have the amount of any accrued
vacation paid to his/her estate within thirty days. This proration will be computed at his/her last
basic rate of pay.
Section 5. Effect of Extended Military Leave. An employee who interrupts service because of
extended military leave shall be compensated for accrued vacation at the time the leave becomes
effective.
Section 6. Vacation at Termination. Employees leaving the municipal service with accrued
vacation leave shall be paid the amounts of accrued vacation to the date of termination.
Secti0n~’
~that
the ~purs
cashed out:
ARTICLEXII - LEAVE PROVISIONS
Section 1. Sick Leave.
(a) The City shall provide each employee with paid sick leave, earned on a daily basis and
computed at the rate of 96 hours per year, with no limits on amounts that may be
accumulated, except that for employees hired after July 1, 1983, sick leave accrual
accumulation shall be limited to 1,000 hours and subsections (a)(1) ~ (a)(2), ann.. (a)(3)
shall not applyl 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.
22
(b) Use of Sick Leave. Sick leave shall be allowed and used in cases of actual personal
sickness or dilsability, medical or dental treatment, or as authorized for personal business. Up
to five days sick leave per year may be used for illness in the immediate family, including
¯ registered domestic partner. A new employee may, if necessary, use up to forty-eight (48)
hours of sick leave at any time during the first six months of employment. Any negative
balances generated by such utilization will be charged against future accrual or deducted
from final paycheck in the event of termination.
(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 le~vd~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
approval of the City Manager. Approval of additional leave will be based on the circumstances
of each request with Consideration given to the employee’s need for additional time.
Section 3. Military Leave. The provisions of the Military and Veterans’ Code of the State of
California shall govern the granting of military leaves of absence and the rights of employees
returning from such leaves.
Section 4. Leave Without Pay.
(a) Disabilitv. Leaves of absence without pay may be granted in cases of disability not
covered by sick leave. Pregnancy will be considered as any other disability. Leaves of
absence for disability are subject to physicians’ verification including diagnosis and medical
work restriction.
(b) Family Leave. Family leave will be granted in accordance with applicable state and
federal law.
(c) Other Leaves. Leaves of absence without pay may be granted in cases of personal
- emergency, or when such absences would not be contrary to the best interest of the City.
Non-disability prenatal leave is available under this provision, but such leave shall not begin
more than six months prenatal nor extend more than six months postpartum.
23
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 e~i-ght ~ 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.
Section 6. Time Off to Vote. Time off with pay to vote in any general or direct primary election
shall be granted as provided in the State of California Elections Code, and notice that an
employee desires such time off shall be given in accordance with the provisions of said Code.
Section 7. In case of disapproval of extension, revocation or cancellation of an existing leave of
absence, notice shall be sent by certified mail, return receipt requested, to the employee stating
the date of such action, the 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- ~ 40 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.
24
(b) For any temporary disability continuing beyond the time limits set forth in (a) above,
employees shall be paid two-thirds (66 2/3%) of their full base salary at the time of injury for
the duration of such temporary disability in conformance with the State law.
(c) During the period of temporary disability, an employee’s eligibility for health, dental, life,
LTD, or other insured program will continue with City contributions at the same rate as for
active employees. In case of Subsection (a) above, the employee.will continue to accrue
vacation and sick leave benefits. In the case of Subsection (b), sick leave and vacation
benefits shall not be accrued.
Section 2. Vocational Rehabilitation for Permanently Disabled Employees.
Vocational Rehabilitation will be made available to employees who have suffered permanent
disability as a result of an injury or illness sustained in the course and scope of employment.
Vocational Rehabilitation shall bc administered in accordance with the California Labor Code,
Division 4.7, Retraining and Rehabilitation, Sections 6200 through 6208, the Americans with
Disabilities Act (ADA), and the City of Palo Alto’s Worker’s Compensation Program.
ARTICLE 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
PEMHCA optional plan. Both parties acknowledge that in future years the City contribution
for PEMHCA premiums may be an issue.
(b) Retired Employees
Monthly City-paid premium contributions for a retiree-selected PEMHCA optional plan will
be made as provided under the Public Employees’ Medical and Hospital Care Act.
(c) Active Employee Domestic Partners
Effective July 1, 1996, active employee domestic partners who meet the requirements of the
City of Palo Alto Declaration of Domestic Partnership, and are registered with the Human
Resources Department, will be eligible for reimbursement of the actual monthly premium
cost of an individual health plan, not to exceed the ave~ag~ maximum monthly premium cost
of individual coverage under the PEMHCA health plans. Evidence of premium payment will
be required with request for reimbursement.
Section 2. Dental Plan.
r~tire~:
effeetiv~date 0fthe
25
(a) The City shall pay all premium payments on behalf of employees, and all dependents of
employees who are eligible for coverage under the City’s self-funded dental program.
Effective July 1, 1996, dependents will include domestic partners, as defined under Section 1
(c).
(b) During the term of the agreement, the City and the Union will work together to review
benefit provisions of the City’s self-funded dental program. The purpose of this review is to
contain benefit cost increases. Joint recommendations will be prepared for discussion during
successor agreement negotiations.
Section 3. When a City employee is married to another City employee each shall be considered
as an employee for purposes of health and dental coverage, provided however that neither shall
be covered as a dependent of the other, and dependent children, if any, shall be covered by only
one spouse.
Section 4. Effective July 1, 1987, the provision referred to as the "birthday rule" shall be added
to the "Effect on Benefits" sections of the City Employees’ Health Plan and City Employees’
Dental Plan. The "birthday rule" provides that when two plans cover an individual as a
dependent, that Plan shall be Primary which covers the individual as a dependent of a person
whose date of birth, excluding year of birth, occurs earlier in a calendar year. If the other Plan
does have a Coordination of Benefits Provision, but does not have this provision regarding date
of birth, the provision of the other Plan will determine.
Section 5. Basic Life Insurance. The City agrees to continue the basic life insurance plan as
currently in effect for the term of this Memorandum of Agreement.
Section 6. Vision Care. Effective beginning July 1, 1989, the City will offer vision care
coverage for employees and dependents. Coverage is equivalent to $20 Deductible Plan A under
the Vision Service Plan ~ith monthly premiums paid by the employer. Effective July 1, 1996,
dependents will include domestic partners, as defined under Section 1 (c).
Section 7, Deferred Compensation. The City shall make available the necessary payroll
deduction and other procedures to provide a deferred compensation plan.
Section 8. Long Term Disabili .ty 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 maximum benefit level under Plan A to $4,000, effective July 1, 1991.
For Plan A, employee coverage is subject to a voluntary payroll deduction of the insurance
premium applicable to the first $6,000 of monthly salary, less a credit of $11.17 per month to be
paid by the City.
For Plan B, the maximum benefit level is $1800 per month. Employee coverage is subject to a
voluntary payroll deduction of the insurance premium applicable to the first $2000 of monthly
salary for Plan B. The City will pay premiums in excess thereof.
The City will pay up to $17.50 per month toward long term disability insurance premiums for
those employees without eligible dependents covered under the health insurance provisions.
Section 9. Utility Discount. Eligibility for utility discount for employees with employment dates
beginning after April 1, 1977, will be discontinued.
....................................... 3 ....., p 3 g .....) !nsurance
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Assi stance 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 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.
(b) Purchase ofjo_~b~related computer software, and hardware, ~gti~S~’~it
~e.l~cp~~~A~pm¢ome~offi~eqtup~eii~rniture tea max:mum ef $500
r ........~-~ Y ~ ~-~under against the ~e~e~ta) $1,000 tmt~on
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 approvedin
advance. City employees wishing to engage in educational programs involving working time
may be granted rescheduled time if departmental operations permit.
(b) (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 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.
Sysfem 1/50th at age 60 formula act. Employees who retire and were employed by the City on or
before April 1, 1977, and spouses of deceased employees who were employed by the City on or
before April 1, 1977, shall continue reductions in utility rates. All retired employees and spouses
of deceased employees shall also have residential privileges at City libraries, refuse disposal
area, golf course and swimming pools.
Section 2. Effective with the pay period including May 1, 1984, the City will pay the 7%
employee’s retirement contribution to the Public Employees’ Retirement System (PERS) except
¯ that, subject to the limitation of applicable law/or income tax regulations, employees who file
27
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. Notwzthstandzng Section 2 above ~t~on~Q615~5,
upon fihng a notice of retirement, ~ 7% City-prod PERS contribution wall be
converted to a salary adjustment of equal amount on a one-time irrevocable basis for the final.
twelve months immediately prior to retirement., .....
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 effective Janua~ 1, 1999.
ARTICLE XVI - COMMUTE INCENTIVES AND PARKING
Section 1. Commute Incentive. Effective on or before August 1, 1994, represented employees
who qualify may voluntarily elect one of the following commute incentives:
Civic Center Parking. Employees assigned to Civic Center and adjacent work locations.
The City will provide a Civic Center Garage parking permit. New employees hired after
April 30, 1994 may initially receive a parking permit for another downtown lot, subject to the
availability of space atthe Civic Center Garage.
Public Transit. The City will provide monthly. Commuter Checks worth the value of: $-20.
$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;
28
These vouchers may be used toward the purchase of a monthly transit pass.
Carpool. The City will provide carpool vouchers worth the value of $~0 per month to each
eligible employee in a carpool with two or more people. These vouchers may be used at
designated service stations toward the purchase of fuel and other vehicle-related expenses.
Bicycle. The City will provide bicycle vouchers worth the value of $20 per month to eligible
employees who ride a bicycle to work. These vouchers may be used at designated bicycle
shops for related bicycle equipment and expenses.
Walk. The City will provide walker vouchers worth the value of $20 per month to eligible
employees who walk to work. These vouchers may be used at designated stores for expenses
related to walking such as footwear and related accessories.
Section 2. 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
then he/she may request an evaluation of his/her problem through athird physician mutually
agreed upon by the employee and the City. Cost for such examination .will be equally shared and
the decision of this physician concerning the continuing ability of the employee to perform
his/her work in his/her regular job without exposing himself/herself tO further injury as a result
of his/her condition shall be the basis for returning the employee to his/her ,regular work.
ARTICLE XVIII - SAFETY
Section 1. Health and Safety Provisions. The City shall furnish and use safety devices and
safeguards and shall adopt use practices, means, methods, operations and processes which are
reasonably adequate to render such employment and place of employment safe, in conformance
with applicable safety regulations under the State Labor and Administrative Code sections.
The City shall not require or permit any employee to go to or be in any employment or place of
employment which is not safe.
Section 2. Union :will cooperate with the City by encouraging all employees to perform their
work in a safe manner.
Section 3. Safety Committees and Disputes. Safety committees composed of Management and
Union stewards in the below listed organizations will meet no less than ten times annually to
discuss safety practices, methods of reducing hazards, and to conduct safety training. This shall
29
i.n 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 ~’epresentative, 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 working conditions the employee will first report such
unsafe conditions to his or her supervisor and every attempt will be made to rectify the
problem at this level. The employee may contact his or her steward to assist in the resolution
of the dispute. If the problem cannot be resolved the Risk Manager will be contacted and the
problem will be addressed through the interpretation of the basic safety rules and regulations.
Should the problem not be resolved at this step, the grievance procedure will be utilized.
Safety grievances shall be submitted at Step III.
(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 XIX - GRIEVANCE PROCEDURE
Section 1. The City and the Union recognize that early settlement of grievances is essential to
sound employee-employer relations. The parties seek to establish a mutually satisfactory method
for the settlement of employee grievances, or Union grievances as provided for below. In
presenting a grievance, the aggrieved and/or his or her representative is assured freedom from
restraint, interference, coercion, discrimination or reprisal. Release time for investigation and
processing a grievance is designated in ArtMe IV of this Memorandum of Agreement.
Section 2. Definition. A grievance is:
(a) An unresolved complaint or dispute regarding the application or interpretation of rules,
regulations, policies, procedures, Memorandum of Agreement or City ordinances of
resolution, relating to terms or conditions of employment, wages or fringe benefits.
(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
30
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
III, IV, and V grievance hearings.
(c) The time limits specified in this Article may be extended by mutual agreement in writing
of the aggrieved employee or the Union and the reviewer concerned.
(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 wad
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 II 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.
Step I. The aggrieved employee will first attempt to resolvethe 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 II, the aggrieved employee may appeal to his or
her department head in writing within ten working days of the receipt of the division head’s
response.
The department head shall have ten working days from the receipt of a written grievance to
review the matter and convey his or her decision by written statement.
31
Step IV. If the grievance is not resolved at Step III, the aggrieved employee may appeal to an
Adjustment Board. Appeals to the Adjustment Board shall be made in writing and directed to the
Human Resources Director within ten working days of receipt of the department head’s response.
The Human Resources Director shall convene an Adjustment Board within ten working days of
receipt of the appeal. The Adjustment Board shall consist of two persons appointed by the Union
and two persons appointed by the City Manager.
The Adjustment Board is empowered to call City employees as witnesses.
Within the context of Step IV, the Adjustment Board will have the same powers and limitations
to settle grievances as an arbitrator.
A majority decision of the Adjustment Board shall be final and binding. The Adjustment Board
shall render its findings and decision (if any) to the parties within ten working days of its
meeting.
Step V. If the grievance is not resolved at Step IV, the aggrieved employee may choose between
final and binding resolution of the grievances through appeal to the City Manager or through
appeal to final and binding grievance arbitration. For the term of this Memorandum of
Agreement, appeals to final and binding grievance arbitration may be processed only with Union
approval. All Step V appeals must be filed in writing at the Human Resources Department Office
within ten working days of receipt of Adjustment Board’s disposition under Step IV.
If the aggrieved employee elects final and binding resolution by the City Manager, the City
Manager will choose the methods he or she considers appropriate to review and settle the
grievance. The City Manager shall render a written decision to all parties directly involved
within ten working days after receiving the employee’s appeal.
If the aggrieved employee elects final and binding arbitration in accordance with this provision,
the.parties shall mutually select an arbitrator. In the event the parties cannot agree on an
arbitrator, they shall mutually request a panel of five arbitrators from the California State
Conciliation Service or from the American Arbitration Association if either party objects to the
State Conciliation Service, and select an arbitrator by the alternate strike method.
The arbitrator shall have jurisdiction and authority only to interpret, apply, or determine
compliance with the provisions of this Memorandum of Agreement and such Merit System
Rules, regulations, policies, procedures, City ordinances, resolutions relating to terms or
conditions of employment, wages or fringe benefits, as may hereafter be in effect in the City
insofar as may be necessary to the determination of grievances appealed to the arbitrator. The
arbitrator shall be without power to make any decision:
(1) Regarding matters of interest.
(2) Contrary to, or inconsistent with or modifying in any way, the terms of this Memorandum
of Agreement.
(3) Granting any wage increases or decreases.
The arbitrator shall be without authority to require the City to delegate or relinquish any powers
which by State law or City Charter the City cannot delegate or relinquish. Where either party
seeks arbitration and the other party claims the matter is not subject to the arbitration provisions
of this Memorandum of Agreement, the issue of arbitrability shall first be decided by the
arbitrator using the standards and criteria set forth in Article XX and without regard to the merits
of the grievance. If the issue is held to be arbitrable, the arbitration proceedings will be recessed
for up to five working days during which the parties shall attempt to resolve the grievance. If no
resolution is reached, the arbitrator will resume the hearing and hear and resolve the issue on the
merits.
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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.
N0n-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 withthe
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) Effective 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.
(f) Statement advising the employee of his/her right to appeal from such action, and the right
to Union representation.
If the disciplinary action consists of suspension, any suspension time previously given shall be
credited to the final disciplinary action.
ARTICLE XXI - NO ABROGATION OF RIGHTS
The parties acknowledge that Management rights as indicated in Section 1207D of the Merit
System Rules and Regulations and all applicable State laws are neither abrogated nor made
subject to negotiation by adoption of this Memorandum of Agreement.
ARTICLE XXII - OUTSIDE EMPLOYMENT
The provisions of Article 4.7 of the Government Code of the State of California will govern the
determination of incompatible.outside employment.
ARTICLE XXIII - WORK STOPPAGE AND LOCKOUTS
The City agrees that it will not lock out employees, and the Union agrees that it will not engage
in any concerted work stoppage or slowdown during the term of ihis 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.
33
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 foi’ce
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.
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 5. Non-disclosure Provisions
During the term of this agreement, the City may reopen negotiations on the subject of non-
disclosure provisions.
ARTICLE XXVII - TERM
The Term of this Memorandum of Agreement shall commence on May 1, 4-998 ~, and shall
expire on April 30,200-1- ~02[. Either party may serve written notice upon the othei" party during
the period between ninety and sixty days prior to April 30, 2-00-1- ~0p~, 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.
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EXECUTED:
FOR:
LOCAL 715, SEIU, AFL-CIO, CLC:
s/Maw Lee
s/Olivia Lin
s/Mark Almer
s/Doug Bassler
s/Michael Blodgett
s/Jim Buitor
s/John Cunningham
S/Richard Dodds
s/Fernando Encisco
s/Dale Eastom
s/Raveen Maan
s/Biff Schaffer
s/Greg Schulz
s/Maya Spector
FOR:
CITY OF PALO ALTO:
s/Jay Rounds
s/Scott Bradshaw
s/Sheryl Contois
s/Paul Dornell
s/Richard James
s/Charles Perl
s/Delores Turner .
35
Class Number
206
204
207
277
276
263
244
333
353
247
269
330
256
268
249
382
299
300
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
APPENDIX A
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
CRIMEANALYST
CUST SVC REPRESENT
CUST SVC SPEC
Effective 5/1101
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
5215
5215
3 842
3 747
5 588
4 307
5 193
4,244
5,047
5,000
5,000
4,147
4,560
Approx. Monthly Salary at E-Step
Effective 5/1/02 Effective
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
5/1/03
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
36
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
~o8
2O2
503
254
252
222
253
541
542
531
Class Title
DATA ENTRY OPERATOR
DESKTOP TECHNICIAN
ELEC ASST I
ELEC UNDGD INSPEC
ELECTRICIAN
ELECTRIClAN-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
3?
Approx. Monthly Salary atE-Step
Effective 511/01 Effective 511102
3,423 3,594
4,841 5,083
4,224 4,435
5,198 5,458
5,654 5,936
5,350 5,617
6,066 6,370
6,597 6,926
3,875 4,069
4,194 4,4O4
4,683 4,917
5,856 6,149
3,400 3,570
4,004 4,205
4,290 4,504
3,787 4,052
4,296 4,555
3,589 3,770
4,636 4,915
4,636 4,915
4,950 5,246
4,636 4,915
4,636 4,915
3,943 4,140
4,600 4,830
4,102 4,307.
4,295 4,510
4,307 4,522
3,955 4,173
4,534 4,761
4,844 5,087
4,920 5,167
5,262 5,525
5,245 5,560
5,326 5,593
4,231 4,442
4,957 5,205
4,194 4,446
3,898 4,113
3,381 3,567
3,685 3,887
5,822 6,113
6,250 6,562
5,655 5,938
Effective 511103
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
Class Number
532
528
213
5O5
216
241
24O
38O
381
201
2O0
230
235
451
281
243
460
245
352
304
210
246
27O
232
265
2O9
237
238
236
357
356
414
262
461
224
511
512
251
504
506
318
231
28O
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 A’I-FEN
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
38
Approx. Monthly Salary at E-Step
Effective 511/01 Effective 511/02 Effective
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
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
5/1/03
6,690
5,898
3,367
5,527
7,273
4,274
4,586
5,071
5,411
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
Class Number Class Title
266 SR UTIL SYST TECH
405 ST MAINT ASST
392 ST SWEEPER OP
393 ST SWEEPER OP-LEAD
221 STAFF SECRETARY
248 STOREKEEPER
326 SURVEYING ASST
325 SURVEYOR, PUBLIC WKS
309 SYSTEM OP/SCHED
228 TELEPHONE TECH
229 THEATER SPECIALIST
406 TRAF CONT MAINT I
412 TRAF CONT MAINT II
407 TRAF CONT MAINT-L
435 TREE MAINT ASST
434 TREE MAINT PERSON
430 TREE TRIM/LN CLR
431 TREE TRIM/LN CLR-L
432 TREE TRM/LN CLR ASST
400 TRUCK DRIVER
215 UTIL ACCT REP
223 UTIL ACCTG TECH
272 UTIL COMP TECH
219 UTIL CREDIT/COL SPEC
310 UTIL ENGR ESTIMATOR
486 UTIL FLD SVCS REP
480 UTIL INSTALL/REP
481 UTIL INSTALL/REP AST
479 UTIL INSTALL/REP-L
271 UTIL LOCATOR
233 UTIL RATE ANALYST
307 UTIL SYST OPER
259 UTIL SYST TECH
278 VETERINARIAN TECH ,
274 VOLUNTEER COORD
482 WATER METER REP ASST
484 WATER METER REPAIR
507 WATER TRANS SPEC
501 WATER TRANS SPEC-L
500 WQC PLT OPERI
509 WQC PLT OPER II
510 WQC PLT OPER TRN
226 WTR MTR CRS CN TEC
Approx. Monthly Salary at
Effective 511/01 Effective 511/02
5,577
3,385
3,998
4,281
4,007
3,811
4,879
5,310
6,123
4,841
5,262
3,967
3,671
4,264
3,553
3,900
4,082
4,368
3,846
3,646
4,813
4,196
5,704
5,024
6,170
4,818
4,700
3,986
5,057
4,437
5,856
5,700
5,215
3,822
4,463
3,776
4,180
4,551
4,863
3,952
4,761
3,400
4,290
5,856
3,555
4,198
4,496
4,248
4,078
5,172
5,629
6,430
5,083
5,761
4,165
3,854
4,477
3,802
4,~173
4,368
4,673
4,114
3,828
5,174
4,426
6,045
5,276
6,510
5,059
4,936
4,186
5,310
4,659
6,149
5,985
5,475
4 050
4 888
3 965
4 390
4 778
5 106
4 149
4 998
3 570
4,504
39
E-Step
Effective 511/03
6,149
3,733
4,407
4,721
4,461
4,283
5,430
5,910
6,753
5,338
6,049
4,373
4,047
4,700
3,993
4,381
4,586
4,907
4,321
4,019
5,432
4,648
6,347
5,539
6,836
5,312
5,182
4,395
5,576
4,891
6,456
6,285
5,749
4,253
5,132
4,163
4,610
5,018
5,361
4,357
5,248
3,749
4,730
APPENDIX B
APPRENTICESHIPS
WATER QUALITY CONTROL OPERATOR TRAINEE may lead to positions within Water
Quality Control.
ELECTRICIAN/LINEPERSON - LINEPERSON/CABLE SPLICER APPRENTICE: May lead
to Electrician or Lineperson/Cable Splicer-positions.
The Utilities Department is proposing to formalize the Apprenticeship~programs ix,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 bea promotional opportunity for anyone other than
the apprentice underfilling the position, so long as that apprentice is successfully
progressing through the program.
3.Employees in the E!ectrica! A~i~tant c!as~ifico~ien ~i~.!Op.er~i.tiq:~[ who qualify
will be given first consideration for the apprentice position prior to other City
classifications or recruiting from outside the City.
4. The Electrica! Assisto, mt c!assifico~ian ";,’i!! be viewed as a candidate seurce for the
&4.A letter of agreement will be entered into by the apprentice and the City identifying
the terms and conditions of the program.
6 5.The program will normally require 36 months to complete.
7 6. Normal progress through the program will be in periodic increments with formal
evaluations.
g 7. Salary steps will be established to bridge the Electrical Assistant classification into
the journey level classification.
9 8. A process for initial selection and placement in the program will be established.
-1-0-9. A procedure for removing an unsuccessful apprentice from the program will be
developed.
44-10. A task force including journey level persons will be assigned to determine the
content and approach to specific elements of training.
42-11 .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.
-14-12. 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.
44 13. Qualifications/progress will be verified by appropriately kept records.
-14-14. Unless specifically stated otherwise, regular City personnel policies and MOA
provisions will apply to the apprenticeship program.
44 il 5. This program may become a conceptual model for apprenticeships in other
divisions or departments.
40
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.
41
APPENDIX C
No current exceptions. The last exceptions appeared in the 1985-87 Agreement.
42
APPENDIX D
oMMunITY ’
SERVICES
Arts & Culture
Division
Library Division Coordinator, Library
Programs
Librarian
Senior Librarian
Library Specialist
Library Assistant
Library Associate
Section 2. Rules Governing Flexible Work Hours
Section 1: ExcePtions to Standard Workday or Work Week for SEIU Representation Unit
DEPT/DIVISION CLASSilqcATioN ........"" ’WO~AY OR WORK
WEEK VARIATION
Volunteer Coordinator Each week (30 hours): .
15 hours of unscheduled time;
15 hours of scheduled time
In a given work week, staff may
work three eight-hour days, one
seven-hour day, and one nine-
hour day. On a voluntary basis,
staff may work five non-
consecutive days within seven.
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 Secretary 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.
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.
Section 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
43
classifications will retum to an 8-hour or other authorized workday as provided under
Article VIII, Section 1, of this Memorandum of Agreement.
(b)Provisions of the 2080 Plan are as follows. To the extent that these provisions are in
conflict with other provisions of the Memorandum of Agreement, these provisions will
prevail.
2080 Plan
Under this 2080 Plan, each employee’s hours of work per year may not exceed 2,240. For
scheduling purposes, and subject to the Merit System Rules and Regulations, the
employee will be guaranteed not less than 2080 hours per year, or no less than 52 weeks
at the normal number of hours worked per week. Any employee covered by the Plan who
works up to 2,080 hours per year is compensated for all hours worked at the agreed upon
rate. The City must pay overtime for all hours worked in excess of 12 in any workday, 56
hours in any work week, or 2080 hours in 52 weeks as the case may be. The rate of
overtime will be at time and one-half the employee’s regular rate of pay (or current
contract overtime rate, if different).
Shift Schedule
~lied~!e~i:~cg~ine~~ust provide~ffil ~ S~~: (7) days per~week
~90y_.e,~age~ ,theUL. ~li~tV:C~ii~tr~°_!~q,(~_ndWa~,ter;Qua!i~C°nt~°lPian. ¯
The shift schedule shall be a rotating schedule, which ;;,i!! a!!e,;,, t The Electric System
Operatorfi~Shifffi~l~ediil~wili t~ reach the equivalent of 40 hours per weel~ i~ five weeks.
Tlie ~ ]2-hour’ shifts ~ Be~iiiatT~00 a.rn~ aiidTi.00 p,m. The Relief shift shall begin
at 7:00 a.m. and end at 3:30 ~.m. 3:00 p~m, ~ith lunchtaken while working. Attached as
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.
There will be four 12Zhour ’shifts that begin at 6:00a.m. and 6:00p.m. The fifth shift will
be a 4/10 shift thatbeginsat 6 a.m. on three days, and at noon on ~he fourth day..
Pay Period
Pay periods and workweek ~6~the:System Opera, ions will begin Sunday at 7:01 a.m.
Pay peri6t~ ~d V~ ater Q~ity,,COn~6~ Pian O~erator~ *¢¢¢iilb~gin
Saturday at 6:01 a.m.
WaNes
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
44
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
~r.,.~ ;~!~ ~he five Operators share
the relief week evenly as they rotate through the five week cycle.
Relief employee(s) will be utilized within the 12-hours shift schedule only when relieving
for the System Operators on shift. When not relieving, they will work four eight-hour
shifts.
When a vacation relief week results in a 36-hour or 48-hour week, the next following
relief work week will be scheduled for three eight-hour and one four-hour shift, or two
eight-hour shifts, depending on whether 18 or 16 hours were needed to bring the hours
back to the 40-hour average.
Relief Duties
An employeewho 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
~0~xS~~j¢~An employee who is on
relief duties is covering standby, and will be compensated according to Article VIII,
Section 7 (a) of the Memorandum of Agreement. If the relief employee is on vacation or
otherwise unavailable for relief duties, the employee(s) on their three-or four-day off
period will be first on standby.
Management reserves the right to utilize Management personnel as Operators on a short-
term, as needed basis, if no Operator is available.
Filling Vacant Positions
If the City elects to fill a vacancy other than by reassignment of the shift or the utilization
of prior or succeeding shift personnel, the following procedure shall be utilized:
Employees will be called according to their position on the Pre-arranged Overtime List
(POL), with the person with the lowest balance being the first one called. The purpose of
the POL is to fairly distribute the available opportunities. If an employee turns down the
overtime, that amount will be added to the employee’s POL balance. If an employee
cannot be contacted for such assignment, the employee will not have any overtime added
to their POL account balance.
Shift Changes
Shift changes caused by scheduled time off or sick leave will not be considered an
official change in shift.
Maximum Hours Worked
No employee shall work more than 18 consecutive hours.
45
Rest Period
In a 12-hour workday, employees are entitled to a rest period of 8 consecutive hours after
working 6 hours overtime during the 12 hours immediately prior to the regularly
scheduled hours of work on a workday or non-workday
Holidays
¯ Employees who begin their day or night shift on an observed holiday will receive
overtime premium in accordance with Section 3, Article X, and eight hours holiday pay
according to Article X, Section 3 of the Memorandum of Agreement. Employees on their
regular day off will be paid eight hours holiday pay for the holiday. Relief shift
employees will be paid eight hours holiday pay and given the day off. Holiday pay may
not be converted to vacation or compensatory, time off.
Sick Leave
Sick leave will be earned as indicated in Article XII, Section 1 (a) of this Memorandu, m 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 vacationwill be charged E2
hours of use. Two wcck noti~cation 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
46
"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 offfor jury duty which occurs on a regularly scheduled workday will result in the
employee being credited with up to 12 hours worked, for pay purposes.
Employees called for jury duty who are working the evening portion of the 12-hour
schedule will be placed, for payroll and scheduling purposes, on the day shift for each
scheduled day such employee is required to report for jury duty, and will not be required
to work the evening 12-hour shift before or after 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.
47
2;
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.
48
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
ADOPTING A COMPENSATION PLAN FOR CLASSIFIED
PERSONNEL (SEIU) AND REPEALING RESOLUTION NOS.
7782, 7812, 7872, 7904, 7962, AND 7978
The Council of the City of Palo Alto does 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, as set forth in Exhibit "A" attached hereto and
incorporated herein by reference, is hereby adopted for the
classified personnel effective retroactive to the commencement of
the pay period including May I, 2001 through and including April
30, 2004.
SECTION 2.The,Compensation Plan adopted herein shall
be administered by the City Manager in accordance with the Merit
System Rules and Regulations.
SECTION 3. The Compensation Plan shall continue in
effect until amended or revoked by the Council.
SECTION 4.The Director of Administrative Services is
hereby authorized to implement the Compensation Plan adopted herein
in his preparation of forthcoming payrolls. The Director of’
Administrative Services is further authorized to make changes in
the titles of employee classifications identified in the Table of
Authorized Personnel contained in the 2000-01 budget if such tables
have been changed in the Compensation Plan.
SECTION 5. Resolution Nos. 7782, 7812, 7872,
7962, and 7978 are hereby repealed.
7904,
//
//
//
010518 cl 0032457
SECTION 6. The Council finds that this is not a project
under the California Environmental. Quality Act, and therefore, no
environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
City Manager
Director of
Administrative Services
Director of Human Resources
010518 cl 0032457 2
CITY OF PALO ALTO
COMPENSATION PLAN
CLASSIFIED EMPLOYEES
EFFECTIVE:Pay period including May 1, 4-9-9g 2001
Through April 30, ~ 2004
EXHIBIT "A"
COMPENSATION PLAN FOR THE CITY OF PALO ALTO
Classified Personnel
SECTION I. SALARY
A. Salary Range Table
Personnel covered by this plan shall receive compensation within the salary
ranges set forth in the Salary Range Tables that follow Section 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, 4-8882001.
Effective with the pay period including May 1, 48882001, the following
classifications will receive~_~~qUi-~" ~ adjustme~ at the fifth ~ep as.
indicated. ~ ~’~ ....... ~.
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 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
2
9%
4%
4%
4%
4%
4%
4%
3.5%
3%
3%
3%
3%
3%
3%
3%
2%
2%
2%
2%
2%
2%
2%
2%
2%
2%
2%
1.5%
1.5%
Librarian ’ ¯~-.1.5%
Facilities Carpenter ~1.5%
Facilities Electrician ’";1.5%
Facilities Mechanic 1.5%
Facilities Painter ..1.5%
Facilities Maintenance-Lead 1.5%
Building Inspector -.¯L 1.5%
Building Inspector .Specialist 1.5%
Building/Planning Technician 1.5%
Code Enforcement Officer "1.5%
Inspector, Field Services 1%
Chief Inspector; WGW 1%
Surveying Assistant 1%
Surveyor, Public Works 1%
Util. Comp Tech 1%
Account Specialist 1%
Account Assistant 1%
Account Specialist-Lead 1%
Utility Accounting Technician 1%
Offset Equipment Operator 1%
Offset Equipment Operator- Lead 1%
Mailing Service Specialist 1%
Library Specialist 1%
Library Assistant 1%
Library Associate 1%
Park Maintenance Person 1%
Golf Course Maintenance Person 1%
Parks Crew-Lead 1%
Parks/Open Space Assistant 1%
Sprinkler System Repairer 1%
Power Engineer 1%
Assistant Power Engineer 1%
Associate Power Engineer 1%
Utility Engineering Estimator 1%
Effective with the pay period including May 1, .1.0002002, a 2.5.0% increase at the
Fifth Step will be applied to all classifications in the representation unit.
ise.
Coordinator Recycling Programs
Public Safety Dispatcher
Public Safety Dispatcher- Chief
Coordinator Rec. Programs
Prod Arts/Science Program
3
5%
4%
4%
4.5%
4.5%
:Theater Specialist -~ " ¯ ....
~Volunteer’ Coordinator
Buyer ~ -- ..... . ....
Associate Buyer
Utility Account Representative
Storekeeper "
Assistant Storekeeper
Equipment Parts Technician
Park 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 "
Planner : "
Associate Planner
CDBG Coordinator
Senior Planner
Assistant Resource Planner
Associate Resource Planner
Resource Planner.
Account Specialist
4.5%
-~4.5%
3%
2.5%
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%
Utility. AccountingTechnician-0:5%
Offset Equ~pmentOperator~0,5%
of~Set.EquipmentOp~r~tor~" I~ead:
~
0.5%
Mailing Service:Specialist:,- ,-,,~ , i
" 0.5%Lib~ar~ Si~ecialilst ’_!~ :~-. :.0.5%
Library Assistaht ¯’0.5%
Library Associate 0.5%
ParkMaintenancePerson _ ’-° 0.5%
,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%
B.Establishment of Salary
The City Manager is authorized to make appointments to or advancements with the
prescribed "ranges upon evaluation of employee qualification and performance.
Merit advancements from the first salary step to the second salary step shall be
granted at six-month intervals and between the second and subsequent steps at
one-year intervals if the affected employee has demonstrated continued
improvement and efficient and effective service. For the purpose of determining
step time requirements, time 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.
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
¯ exce~s of the revised range maximum for a reasonable period of time. Such interim
salary ranges shall be defined as "Y rates."
SECTION I1. SPECIAL COMPENSATION
Personnel covered by this compensation, plan, in addition to the salary set forth in Section
I above, may receive special compensation as follows. Eligibility shall be in conformance
with the Merit Rules and Regulations and Administrative Directives issued by the City
Manager for the purposes of clarification and interpretation.
A.Overtime, Working 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.
Standby Pay, Call-Out Pay
1. Standby Compensation
Employees performing standby, duty shall be compensated at the ~j~ rates
established below:
Co
Periods Compensation Effective Dates
Monday through Friday
4:30 p.m. - 8:00 a.m.
$4.~-%~ 45.00 per day 5/1/~;~01
$4.;,,3~ 47.00 per day 5/1/~02
$50.00 per day 5/1/03
Saturday, Sunday,
Holidays
$r~L-%{~ 66.00 per day 5/1/~1~01
$ra~%l;;~ 69.00 per day 5/1/~02
$73.00 per day 5/1/03
2.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
billable customer convenience work in which case the two-hour minimum will
apply.
Night Shift Premium
An additional $4-,2-2- 1.30 per hour, effective with the pay period including May 1,
-1~2001, and $-1~.4-1.37 per hour effective with the pay period including May 1,
-1-1;~02002, and $1.44-per h~ourl effective ~it5i pay peri0d inClUding May1, 2.003,
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, -1-1~2002 and $,,52-~ 610
effective with the pay period including May 1, 20003.
2. 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.
a. 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
a.ver, agemaximum monthly premium cost of individual coverage under
the PEMHCA health plans. Evidence. of premium payment will be
required with request for reimbursement.
b. Retiree Medical Provisions
Monthly City-paid premium contributions for a retiree-selected
PEMHCA optional plan will be made as provided under the Public
Employees’ Medical and Hospital Care Act.
The City’s employer contribution for each annuitant shall be 100% of
the single.party premium, and the contribution for family members will
increase ~nn L~allyby 5% .of the difference .be~een the~single ~party
premium and the.two or family member premium, until such time as
the amounts are equal.
2.Dental Plan
The City shall pay all premium payments on behalf of employees, and
dependents of employees. Effective July 1, !996, dependents will include
domestic partners 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 cur.rently in effect for the
term of this compensation plan.
Lon9 Term Disability Insurance
The City shall continue the long term disability insurance plan currently in effect
forthe 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 creditof $11.17 per month
to be paid by the City.
For Plan B, the maximum benefit level is $1800 of month. Employee coverage
is subject to a voluntary payroll deduction of the insurance premium applicable
to the first $2000 of monthly salary for Plan B; the City will pay premiums in
excess thereof. "
The City will pay up to $17.50 per month toward, long term disability insurance
premiums for those employees without eligible dependents covered under the
health insurance provisions.
5.Vision 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 1.a.
F. Commute Incentives and Parking
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 V-I-A, 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 ,!~l~,.Program. The City will provide Commuter Checks worth the
value up to $60 of t~e!r s~re of t~e ,:e~!~!~ !e~se ~o~t to each employee.
voluntarily paKicipating in the Vanpool ~Program. These vouchers may be
used toward payment of the monthly cost. ~ .... ; ..... ~ ~ ........ ~ ~i~ ~
~}~r~i~ f~ ........’ ....~; ....+;~ Employees must fulfill :the basic
9
requirement of the Ernployee ommuteA!tffrnatiVes Ptogramto~Uali~:
Bicycle. The City will provide bicycle vouchers worth the value of $20 per month
to eligible employees who.ride a bicycle to work. These vouchers may be used
at designated bicycle shops for related bicycle equipment and expenses.
Walk. The City will provide walker vouchers worth the value of $20 per month
to eligible employees who walk to work. These vouchers may be used at
designated stores for expenses related to walking such as footwear and related
accessories.
G. Dependent Care Assistance
The City will provide a Dependent Care Assistance program for employees according
to the Provisions of the Federal Economic Recovery Tax Act of 1981, Code Sections
125 and 129.
H.. Retirement
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 through
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-
time irrevocable basis for the final twelve months immediately prior to a
retirement, ~’ .... ;~ *~,=~ ~1~ ,.,.r .~,,~ ~,. .... ; ..... ~;÷; ........ ÷ Forthis final
twelve:month period ~he employee shall pay PERS emp!oyee 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 Program
Effective March, 8, 1999 and subject to administrative 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
3.3_
learning .or approved specialized training groups;~ The City will also reimburse
professional association membershipsand 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)i if the employee may keep
such items at the end of the coursel
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. 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.
12
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o o o o o o 8 ° o o o o ~ o o o ~ o o 5 o o o o
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 2000-01 TO
PROVIDE AN ADDITIONAL APPROPRIATION OF $471,971
COMPENSATION AND BENEFIT INCREASES RETROACTIVE TO MAY i,
2001 FOR CLASSIFIED EMPLOYEES.
WHEREAS, pursuant to the provisions of Section 12 of Article
III of the Charter of the City of Palo Alto, the Council on June 19,
2000 did adopt a budget for fiscal year 2000-01; and
WHEREAS, City Council has authorized negotiation of a new
contract between the City and the Local 715 Service Employees’
International Union (SEIU) ; and
WHEREAS, the City and SEIU have reached agreement on a.new
three year contract, from May i, 2001 through April 30, 2004,
including a i0 percent salary adjustment in the first year along
with several classification realignments; and
WHEREAS,. additional funding of $471,971 is required in the
2000-01 Adjusted Budget for such increases; and
WHEREAS, the additional appropriation of funds from the General
Fund Budget Stabilization Reserve is a one-time cost. There will be
future year General Fund ongoing costs as a result of negotiated
salary increases; and
WHEREAS, City Council authorization is needed to amend the
2000-01 budget as hereinafter set forth; and
NOW, THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:
SECTION i. The sum of Four Hundred Seventy One Thousand Nine
Hundred Seventy One dollars ($471,971) is hereby appropriated to the
salary contingency in the General Fund, and the Budget Stabilization
Reserve is correspondingly reduced.
SECTION 2. This transaction will reduce the
Stabilization Reserve from $23,098,994 to $22,627,023.
Budget
SECTION 3. As specified in Section 2.28.080(f) of the Palo
Alto Municipal Code, a majority vote of the City Council is required
to adopt this ordinance.
SECTION 4. The Council of the City of Palo Alto hereby finds
that this is not a project under the California Environmental
Quality Act and, therefore, no environmental impact assessment is
necessary.
SECTION 5. As provided in Section 2.04.350 of the Palo Alto
Municipal Code, this ordinance shall become effective upon adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST.:
City Clerk
APPROVED:
Mayor
APPROVED AS TO FORM:City Manager
Senior Asst. City Attorney Director of
Services
Administrative
Director of Human Resources
ATTACHMENT E
Budget Amendment Ordinances Impacting General Fund ReservesApproved-To-Date in 2000-01
BAO Description Cost Revenue
Placeholders Impact on the Estimated
Already in the General Fund Future Year2000-01 Adopted BSR Ongoing CostsBudget
Balance
Adopted Budget Addition to BSR
Public Safety Building - CIP 19820
Planning Transcription Services
Office of Transportation Safety Grant
Cubberley Theatre Chiller Replacement - CIP 10120
Arts Council Silicon Valley Grant
Police Department Grants (1)
Zoning Ordinance Update
Friends of the Palo Alto Library Grant
Office Space Renovation - CIP 10020
Acquisition of Pinkerton Property
Homer Avenue Undererossing - CIP 10121
Municipal Fee Schedule Amendments
Public Library Fund
Midyear Report
California Arts Council and Palo Alto Art Foundation Grants
Street Maintenance - CIP 9630
Downtown Parking Structures - CIP 19530
Friends of the Palo Alto Junior Museum and Zoo Grant
School Site Irrigation - CIP 19801
Classified Employee Negotiated Salary and Benefit Increase
($74,000)
($40,000)
($187,065)$187,065
($22,000)
($5,192)$5,192
($277,314)$277,314
($110,000)$110,000
($59,000)$59,000
($411,000)$156,000
($400,000)
($ 100,000)$100,000
($101,918)$101,918
($2,782,049)$5,726,043
($18,139)$18,139
($438,396)$438,396
($2,113,251)$2,113,251
($52,234)$52,234
($316,000)$158,000
($471,971)
$20,029,000
$1,075,000
($74,000)
($40,000)
$0
($22,000)
$0
$0
$0
$o
($255,000)
($400,000)
$0
$0
$0
$2,943,994
$0
$0
$0
$0
($158,000)
($471,971)
$40,000
$17,0OO
$188,000
$3.700,000
BSR Balance After BAO’s
(I) Of this amount $121,259 will be deposited in the General Fund and $156,055 deposited in the Special Revenue Fund.
1522,62~023 [
5/30/01
TO:
City of Palo AltoCity Mana ,s Report
HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
DATE:
SUBJECT:
JUNE 25, 2001 CMR: 257:01
APPROVAL OF A CONTRACT WITH GACHINA LANDSCAPE
¯ MANAGEMENT IN THE AMOUNT OF $1,360,971 FOR
LANDSCAPE MAINTENANCE SERVICES
RECOMMENDATION
Staff recommends that Council:
1. Approve and authorize the Mayor to execute the attached contract with Gachina
Landscape Management in the amount of $1,360,971 for landscape maintenance
services for three years.
.,Authorize the City Manager or his designee to negotiate and execute one or more
change orders to the contract with Gachina Landscape Management for related,
additional but unforeseen Work which may develop during the project, the total
value of which shall not exceed $136, 096.
Authorize the City Manager or his designee to exercise the option to renew the
contract for the second and third year, provided funds are available and the
contractor is responsive to the City’s needs, and the quality of the contractor’s
work is acceptable during the first year of the contract which will determine the
City’s willingness to renew the contract.
DISCUSSION
Project Description
The work to be performed under the contract is for landscape maintenance services. The
City facilities included are fire stations; libraries; City Hall; Art Center; utility
substations; Ventura School; and Boulware, Bowden, Cogswell, El Palo Alto, Johnson,
Scott, Robles, Seale, Briones, Bol, Cameron, Eleanor, Hoover, Kellogg, Mayfield,
Monroe, Ramos, Sarah Wallis, Terman, Weisshaar, Timothy Hopkins and Werry parks.
Also included under the contract are median and roadside strips, including Alma Street,
Embarcadero Road, Page Mill Road and Oregon Expressway, University Avenue and
CMR:257:01 Page 1 of 3
tree wells, islands and underpasses, El Camino islands and University, Midtown and
Califomia Avenue parking lots.
Bid Process
A notice inviting formal bids for landscape maintenance services was sent on November
6, 2000 to four contractors. The bidding period was twenty-nine days. A pre-bid
meeting was held on November 9, 2000. Bids were received from three qualified
contractors on December 5, 2001 as listed on the attached bid summary (Attachment A).
Bids ranged from a high of $644,200 per year to a low bid of $543,657 per year. The
only contractor not responding indicated that he did not submit a bid because he was too
busy. Staff has reviewed all bids submitted and recommends that the bid of $453,657 per
year for three years, submitted by Gachina Landscape Management be accepted and that
Gachina Landscape management be declared the lowest responsible bidder. The bid is
9% percent below the staff estimate of $750,000. The change order amount of $136,096,
which equals 10% percent of the total contract, is requested to cover unforeseen work
that may develop.
A bid was received from Tru’Green Land Care in the amount of $432,706. The City’s
Purchasing and Contract Administration Division, in conjunction with representatives of
the Parks .and Golf Division of the. Community Services Department, reviewed the
documented work performance of Tru-Green Land Care (formerly Four Seasons
Landscape Maintenance Company) and made the determination that it was non-
responsive. Staff is recommending the City Council reject the bid gubmitted by Tru-
Green Land Care as non-responsive, and to accept the lowest, responsible bidder, Gachina
Landscape Management.
Staff checked references supplied by Gachina Landscape Management for previous work
performed and found no significant complaints. Staff also checked with the Contractor’s
State License Board and found that the contractor has an active license on file.
RESOURCE IMPACT
Funds for this contract are included in the City Manager’s proposed 2001-2003 budget.
POLICY IMPLICATIONS
The recommendation is that this report is consistent with current City policies.
ENVIRONMENTAL REVIEW
This contract is not a project as defined by the California Environmental Quality Act
(CEQA) and is not subject to CEQA requirements.
CMR:257:01 Page 2 of 3