CC 2014-07-08_08.o. MOU with SEIUMEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER ffi<'
SUBJECT: CONSIDERATION OF MEMORANDUM OF UNDERSTANDING WITH
THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 620
DATE: JULY 8, 2014
. RECOMMENDATION:
It is recommended the City Council adopt a Resolution approving a Memorandum of
Understanding (MOU) with Service Employees International Union Local 620 (SEIU) for
FY 2014-15 through FY 2016-17.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Total costs in FY 2014-15 are projected to be $32,100 to the General Fund, $6,300 to
the Streets Fund, $4,500 to the Sewer Fund, and $12,500 to the Water Fund. The
budget will be amended to refiect the change during the mid-year budget review. A
sufficient amount of revenue over expenditures was included in the approved budget to
cover this additional cost and maintain the budget as balanced. Approval of a three-
year agreement will result in a significant savings in staff time by delaying the need to
resume negotiations.
BACKGROUND:
City's current salary and classification system was structured based on a compensation
and classification study completed by Ralph Andersen & Associates in September
1997. As noted in the study, the goals of the City's compensation plan are to:
• Ensure that the City has the ability to attract and retain well-qualified personnel for
all job classes;
. • Ensure that the City's compensation practices are competitive with those of
comparable employers;·
• Provide defensibility to City salary ranges based on the pay practices of similar
employers; and .
Item 8.o. - Page 1
CITY COUNCIL
CONSIDERATION OF MEMORANDUM OF UNDERSTANDING WITH THE SERVICE
EMPLOYEES INTERNATIONAL UNION LOCAL 620
JULY 8, 2014
PAGE2
• Ensure pay consistency and equity among related classes based on the duties and ·
responsibilities assumed.
The existing MOU with employees represented by SEIU Local 620 expired on June 30,
2014. Negotiations have been under way for the past several months to agree on a
new MOU. The terms of the proposed MOU have· been approved by the Union's
membership. Salary adjustments will become effective on July 4, 2014, which is the
first day of the first pay period in the new fiscal year. ·
ANALYSIS OF ISSUES:
Changes to SEIU salary and benefits from the prior year recommended in the MOU
include the following:
• Employees will receive salary increases of 2.5% in FY 2014-15, 2% in FY 2015-16
and2% in FY2016-17.
• The City will adjust the cafeteria plan amount to pay 50% of the increase in the ..
cost of the lowest cost HMO medical plan available to the City for 2015, 50% of the
increase up to a maximum 5% in 2016, and 50% of the increase up to a maximum
5% in 2017. ·
• Employees whose salaries are more than 7.5% below the median of comparable
positions from other cities in San Luis Obispo County will receive additional equity
adjustments.
In order to help accomplish the goal of ensuring salaries remain competitive, the MOU ·
also includes a provision agreeing to reopen negotiations regarding consideration of ·
additional equity adjustments for any positions that are identified to be at least 5%
below. the median of the City's salary ·survey of comparable cities within San Luis
Obispo County.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
. . .
-Adopt Resolution approving the proposed MOU;
-Modify as appropriate and adopt the Resolution;
-Do not adopt the Resolution;
-Provide direction to staff.
ADVANTAGES:
Approval of the proposed MOU will help address SEIU compensation needs and
inequities to maintain competitive compensation amounts, maintain compensation costs
within levels that can be funded in a responsible manner on both a short-term and long-.
term basis, and will establish a three-year agreement to help create stable labor
relations.
Item 8.o. - Page 2
CITY COUNCIL
CONSIDERATION OF MEMORANDUM OF UNDERSTANDING WITH THE SERVICE
EMPLOYEES INTERNATIONAL UNION LOCAL 620
JULY 8, 2014
PAGE3
DISAOVANTAGES:
The recommendations will increase costs to current and future budgets.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall and the City's website on Thursday, July 3,
2014. No comments were received.
Item 8.o. - Page 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE APPROVING A MEMORANDUM
OF UNDERSTANDING FOR EMPLOYEES
REPRESENTED BY THE SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 620
WHEREAS, the City Council deems it to be in the best interest of the City of
Arroyo Grande and its employees represented by Service Employees
International Union Local 620 that compensation be fixed for all full-time non-
management employees as herein provided; and
WHEREAS, the City has established compensation and working conditions
through the meet and confer process with the designated employee
representatives as set forth in Exhibit "A"; entitled Memorandum of
Understanding between the City of Arroyo Grande and the Service Employees
International Union Local 620 ("SEIU MOU"), a copy of which is attached hereto
and incorporated herein by this reference.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo
Grande that the SEIU MOU is hereby approved. This Resolution shall become
effective as of July 1, 2014.
BE IT FURTHER RESOLVED that this Resolution shall repeal those! sections of
Resolution No.4549 which established salary and benefits for full-time employees
represented by the Service Employees International Union Local 620.
On motion of Council Member , seconded by Council Member
, and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this
2014 ..
day of
Item 8.o. - Page 4
RESOLUTION NO.
PAGE2
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED TO AS FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.o. - Page 5
OF
2014/15 -2016/2017
(Three Year)
MEMORANDUM OF UNDERSTANDING
BETWEEN
SERVICE EMPLOYEES
INTERNATIONAL UNION
·LOCAL 620
Arroyo Grande Chapter
AND
CITY OF ARROYO GRANDE
EXHIBIT A
Item 8.o. - Page 6
ARTICLE 1:
ARTICLE 2:
ARTICLE 3:
ARTICLE 4:
ARTICLE 5:
ARTICLE · 6:
ARTICLE 7:
ARTICLE 8:
2014/15 -2016/17
MEMORANDUM OF UNDERSTANDING
SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL620
ARROYO GRANDE CHAPTER
TABLE OF CONTENTS
TERM OF MEMORANDUM ....................... ;................ 1
RECOGNITION .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
NONDISCRIMINATION .......................................... ;... 1
UNION RIGHTS .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
4.1 Representation .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
4.2 Bulletin Board .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
4.3 Union Stewards .................... ~......................... 3
4.4 Dues Deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
4.5 Use of City Facilities . . . . . ................................ .. 6
4.6 Contracting Out . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 6
GRIEVANCE PROCEDURE ... . . . . . . . .............................. 6
DISCIPLINARY APPEAL PROCEDURE ..................... ... 10
MANAGEMENT RIGHTS ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
WAGES/ INCREASES ............................................... 13
-8.1 Advancement in Salary .................................... 14
8.2 Paychecks ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
8.3 Educational Pay .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15
8.4 · Shift Differential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... ... 16
8.5 Merit Increases ............................................... 16
ARTICLE 9: NO STRIKE I NO LOCKOUT ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16
ARTICLE 10: SPECIAL PAY PRACTICES ....................................... 17
10.1 Flex-Time Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 17
10.2 Use of Private Vehicle/Mileage Rate . . . . . . . . . . . . . . .... 17
10.3 Callback Pay ..................•.. ; ............................ 17
10.4 Hours of Work and Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
10.5 Standby Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . .... 18
10.6 Rest Periods and Breaks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
10. 7 Alternate Work Schedules .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
10.8 Bilingual Pay ... . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 18
10.9 Water Treatment and Distribution Cert. Pay .......... 19
Item 8.o. - Page 7
SEIU MOU -TABLE OF CONTENTS
(continued)
ARTICLE . 11: INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
11.1 Medical Insurance Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
11.2 Cafeteria Plan .......................... -. . . . . . . . . . . . . . . . . . . . ... 20
11.3 Vision Insurance . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 21
11.4 Life Insurance Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 21
11.5 State Disability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 21
11.6 Dental Insurance Plan ....... :............................. 21
ARTICLE 12: HOLIDAY LEAVE .................. : .................................. 22
ARTICLE 13: VACATION LEAVE ................................................... 22
ARTICLE 14: SICK LEAVE ........................................................... 24
ARTICLE 15: LEAVES OF ABSENCE ....................................... ~ ..... 25
15.1 Bereavement Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
15.2 Family Leave ................................................. 25
15.3 Medical Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
15.4 Emergency Leave . . .. . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 26
15.5 Jury Duty ........................................................ 26
15.6 Military Leave· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
ARTICLE 16: UNIFORM ALLOWANCE . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
16.1 Safety Shoes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
16.2 Safety Glasses ................................................ 27
ARTICLE 17: RETIREMENT ..... ,. .................................................... 27
17.1 PERS Retirement Contributions ........................ 27
17.2 Retirement Defined .......................................... 28
17.3 Retiree Medical ............................................... 28
ARTICLE 18: PROBATIONARY PERIOD ........................................ 29
ARTICLE 19: PROMOTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
ARTICLE 20: PROMOTIONAL OPPORTUNITIES . . . . . . .. . . . . . .. .. .. . . . . . . . ... 30
20.1 Posting ............................................... ~········· 30
20.2 Selection . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 30
20.3 Recommended Candidates . . . . . . . . . . . . . . ... . . . . . . . . . . ... 31
20.3 Appointment . . . . . . . . . . . . . . . . . . . . . . . . .......... .... . . . . . . . .. . ... 31
Item 8.o. - Page 8
ARTICLE 2.1:
ARTICLE 22:
ARTICLE 23:
ARTICLE 24:
ARTICLE 25:
ARTICLE 26:
ARTICLE 27:
ARTICLE 28:
ARTICLE 29:
ARTICLE 30:
ARTICLE 31:
ARTICLE 32:
ARTICLE 33:
ARTICLE 34:
ARTICLE 35:
ARTICLE 36:
ARTICLE 37:
SEIU MOU -TABLE OF CONTENTS
(continued)
MAINTENANCE WORKER JOB SERIES....................... 31
ENGINEER JOB SERIES............................................. 32
TRANSFERS .................................................. : . . . . . .. 32
DEMOTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . 32
LAYOFFS AND DISPLACEMENT ........... ~.................. 32
PERSONNEL RECORDS ......................................... , 34
RESIGNATION ........................................................ 34
OUTSIDE EMPLOYMENT . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
POSITION VACANCIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
POSITION CLASSIFICATION ..................................... 34
PROFESSIONAL DEVELOPMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
UNIT ASSIGNMENTS ......... : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
MAINTENANCE OF BENEFITS AND TERMS AND
CONDITIONS ..................................... ;. . . . . . . . . . . . . . . . . . ... 36
M.O.U. IMPLEMENTATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 36
OBLIGATION TO MEET AND WAIVER CLAUSE ........... 36 .
SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
POLICY CONFLICTS ................................................... 36
Item 8.o. - Page 9
2014/15-2016/17
MEMORANDUM OF UNDERSTANDiNG
BETWEEN
CITY OF ARROYO GRANDE
AND
LOCAL 620, SERVICE EMPLOYEES INTERNATIONAL UNION,
ARROYO GRANDE CHAPTER
THE PARTIES HAVE MET AND CONFERRED IN GOOD FAITH REGARDING
EMPLOYMENT TERMS AND CONDITIONS FOR THE EMPLOYEES COMPRISING
THE ABOVE RECOGNIZED EMPLOYEE ORGANIZATION FOR THE GENERAL
SERVICES UNIT AND SUPERVISORS UNIT AND, HAVING REACHED
AGREEMENT, AS HEREIN SET FORTH, SUBMIT THIS MEMORANDUM OF
UNDERSTANDING· TO THE CITY COUNCIL, WITH JOINT RECOMMENDATION
THAT COUNCIL ADOPT THE TERMS AND CONDITIONS AND TAKE SUCH OTHER
ADDITIONAL ACTIONS AS. MAY BE NECESSARY TO IMPLEMENT ITS
PROVISIONS.
ARTICLE 1. TERM OF MEMORANDUM OF UNDERSTANDING
The term of Memorandum of Understanding shall be from July 1, 2014 until June 30,
2017, and thereafter shall continue from year to year. Either party may request
modification by March 15, 2017, in which event, meeting and conferring shall begin no
later than April 15, 2017.
ARTICLE 2. RECOGNITION
The City recognizes the Union as the sole and exclusive bargaining agent for all
permanent classifications in the Supervisory Employees' representation unit and
General Services unit.
ARTICLE 3. NONDISCRIMINATION
Tlie provisions of this Memorandum of Understanding shall be applied equally to all
employees covered hereby without discrimination because of race, color, sex, physical
disability, age, national origin, religious affiliation, or Union membership.
Employees may elect to exercise their right to join and participate in the activities of the
Union for the purposes of representation in all matters of their working conditions and
employer-employee relations. The parties agree that there shall be no restraint,
coercion, or interference with any employee with respect. to or because of the
employee's membership in said Union. The City and the Union agree that each
employee shall be·treated equally, fairly, and with dignity and respect.
1
Item 8.o. - Page 10
ARTICLE 3. NONDISCRIMINATION (continued)
The Union and the City agree to support the Affirmative Action Program established by
the City and that there shall be no discrimination within their respective organizations
because of race, creed, sex preference, color, national origin, age, disability, or political
belief.
Any party alleging a violation of this article shall have the burden of providing the
existence of a discriminatory act or acts and/or proving that, but for such act or acts, the
alleged injury or damage to the grievant would not have occurred.
Discrimination complaints based on Union membership and/or activity shall continue to
be subject to the grievance procedure and arbitration.
ARTICLE 4. UNION RIGHTS
4.1 Representation
With respect to the meet-and-confer process, three (3) Union representatives
shall be the maximum number of employees allowed to meet with City
representatives on City time during their normal working hours for the purpose of
meeting and conferring in good faith without loss of pay or any benefits.
4.2 Bulletin Board
The City will furnish, for the use of the Union, reasonable bulletin board space at
reasonable locations. Such bulletin board space shall be used only for the
following subjects:
Union recreational, social, and related news bulletins;
Scheduled Union meetings;
Information concerning Union elections or the results thereof;
Reports of official business of Union, including reports of
committees or the Board of Directors; and
-All material shall clearly state that it is prepared and authorized ~y
the Union.
Union agrees that notices posted on City bulletin boards shall not contain
anything that may reasonably be construed as malig.ning the City or its
representatives.
2
Item 8.o. - Page 11
ARTICLE 4: UNION RIGHTS (continued)
4.3 Union Stewards
A The City authorizes the Arroyo Grande Chapter of the Service
Employees International Union to appoint three (3) "Union
Stewards" and one (1) alternate, any of which may represent an
employee subject to the City's grievance procedure (Article 5).
B. The Union shall provide the · City Manager with a ·list of all
authorized Union stewards, and the list shall be kept current.
C. An employee and/or his/her "Union Steward" representative may,
· when and to the extent necessary, take official City time, without
loss of compensation, in order to participate in the investigation and
processing of a grievance as provided for in Article 5, upon
notification and approval of the immediate supervisor or his/her
designee.
D. The City Manager will approve employee and/or Union Steward
taking official City time to investigate and process a grievance,
when and to the extent necessary, and only if it will in no event
adversely affect the operational, security, or safety requirements of
the City.
E. It is understood that the employee and/or Union Steward shall
make every reasonable effort to perform any of the above activities
on off-duty time. ·
4.4 Dues Deduction
A. The City agrees to deduct dues twice monthly and remit them to the
Union, as approved by the Union Board of Directors and authorized
in writing by the individual employees concerned, on forms
· currently accepted by the City for such deductions.
B. For the employees in the unit who authorize Union dues
deductions, the City shall automatically continue such dues
deduction.
C. The City agrees to provide the Union the name and deduction
status of all unit employees each pay period for which deductions
are made. The report shall include employees hired/transferred
into or out of the unit, as well as all those on leaves of absence.
3
Item 8.o. - Page 12
ARTICLE 4. UNION RIGHTS (continued)
4.4 Dues Deductions (continued)
D. Deductions. All employees in the unit who have not authorized a
Union dues deduction shall, within the thirty (30) day period
following . notification of their obligation under this agreement,
execute an authorization for the payroll deduction of one of the
· following: 1) Union dues; 2) a service fee, equal to the percentage
of the regular dues, that is used _ for legally permissible
representation costs; or 3) if he/she qualifies, a charity fee, equal
to the service fee, to the tax-exempt charitable organization that
has been agreed to by the employee and the Union.
To qualify for the designated charity fee deduction, an employee
must certify to the Union that he/she is a member of a bona-fide
religion, body, or sect that has historically held conscientious
objections to joining or financially supporting public employee
organizations.
Such exempt unit employees will be required to submit to the Union
a notarized letter certifying that person's membership in such a
religion, body, or sect, signed by an official of the bona-fide religion,
body, or sect.
If an employee fails to authorize one of the above deductions within
the thirty (30) day authorization period, the City shall notify the
employee, in writing, of his/her pontractual obligation to authorize
one of the payroll deductions.
If an employee fails to authorize one of the deductions, the Union
may seek enforcement through the courts. ·
E. Service Fee as Condition of Emolovment. After July 1, 1995; all
employees hired into the units who fail to authorize a Union dues
deduction or service fee deduction must, as a condition of their
continued employment, authorize a service fee deduction within
thirty (30) days following the beginning of their employment. The
employee may avail his/herself of the options set forth in "D" above.
If an employee fails to meet this obligation, the Union will make a
written request to the City to take the necessary steps to separate
that employee from City service. The City will inform the Union of
all new hires.
4
Item 8.o. - Page 13
ARTICLE 4. UNION RIGHTS (continued)
4.4 Dues Deduction (continued)
F. Financial Documentation. The Union has presented a
demonstration that the legally permissible costs that may be
charged as a service fee to a nonmember equals somewhat more
than ninety-five percent (95%) of dues.
The City has not challenged that demonstration and agrees to
deduct a service fee equal to ninety-five percent (95%) of dues.
The Union shall, within ninety (90) days after the end of each fiscal
year, make available to the City financial documentation that shall
meet the requirements of Government Code Section 3502.2.
The City agrees to provide the Union the name, department, class,
and payroll deduction of all unit employees upon request.
G. Petition. Election. and Challenge. If a petition is filed with the City
that requests an election rescinding agency shop, and such petition
contains sig.natures collected within a forty-five (45) day period of at
least thirty percent (30%) of the employees in the bargaining unit,
an election will be held. Such election may_ only be held once
during the term of the Agreement. The verification of the petition ·
and the election shall be conducted by the State Conciliation
Service, voting shall be by secret ballot, and a majority vote of all
employees in the bargaining unit shall be required to rescind
agency shop.
A unit employee, who is subject to the payment of a representation
service fee hereunder, has certain legal rights to object to that part
of the fee payable to' him or her, which represents the employee's
additional pro-rata share of expenditures by the Union that is
utilized for expenditures not incurred for the purpose of performing
the duties incident to effective representation in employer-employee
relations. An employee wishing to exercise these rights must
contact the Union office.
H. Hold Harmless. The Union agrees to indemnify, defend, and hold
harmless the City and its officers, employees, and agents against
all claims, proceedings, and liabilities arising, directly or indirectly,
out of any actions taken or not taken by or on behalf of the City
under this Article.
5
Item 8.o. - Page 14
ARTICLE 4. UNION RIGHTS (continued).
4.4 Dues Deduction (c~ntinued)
I. Enforcement/Severability. In the event the Service Fee provision of
the Article is declared by a court of competent jurisdiction to be
illegal or unenforceable, the parties agree to reopen this Article of
the Agreement for the purposes of implementing modified agency
shop provisions.
4.5 Use of City Facilities
A. The Union may, with prior approval of the City Manager, be granted
the use of City facilities for Union business meetings of City
employees, provided space is available. No use fee will be
charged.
B. The City shall provide, at no cost to the Union, a copy of each City
Council agenda (Summary Form). By being provided the agenda,
the Union acknowledges the City has met its obligation of
notification of matters or issues within the scope of representation
on the Council Agenda.
4.6 Contracting Out
The City agrees to communicate with the Union upon request in regard to the
following matters:
A.
B.
ARTICLE 5.
Any proposed subcontracting of services that would result in the
elimination of unit member's job.
Changes in services that would result in the elimination of unit
member's job.
GRIEVANCE PROCEDURE
Purpose:
This grievance procedure shall.be the exclusive process to resolve grievances as
the term is defined below:
A. To resolve grievances informally at the lowest level.
B. To provide an orderly procedure for reviewing and resolving
grievances promptly.
6
Item 8.o. - Page 15
ARTICLE 5. GRIEVANCE PROCEDURE (continued)
Definitions:
A. Grievance means a complaint by an employee concerning the
interpretation or application of the provisions of this M.O.U. or of
rules or regulations governing personnel practices or conditions,
which complaint has not been resolved satisfactorily in an informal
manner between the employee and his/her immediate supervisor.
B. As used in this procedure, the term "immediate supervisor'' means
the individual so designated by City management who assigns,
reviews, and directs the work of an employee at the first level.
Time Limits:
Each party involved in a grievance shall act quickly so that the grievance may be
resolved promptly;-Every effort should be made to complete action within the time
limits contained in the grievance procedure; however, with the written consent of
all parties, the time limitation for any step may be extended.
Step 1:
The grievance initially shall be personally discussed between the
employee and his/her immediate supervisor. Within seven (7)
working days the immediate supervisor shall give his/her decision
or response. The grievant may request this decision or response in
writing.
Step 2:
A. If the grievance is not informally resolved to the satisfaction
of the grievant in Step 1 a formal grievance may be initiated.
A formal grievance must be initiated. A formal grievance
must be initiated no later than:
1. Thirty (30) working days after the event of
circumstances occasioning the grievance; or
2. Within seven (7) working calendar days of the Step 1
decision rendered in the informal grievance
procedure, whichever is later.
B. However, if the Step 1 informal grievance procedure is not
initiated within the period specified in subsection (1) above,
the period in which to bring the grievance shall not be
extended by subsection (2) ab9ye,.
7
Item 8.o. - Page 16
ARTICLE 5. GRIEVANCE PROCEDURE (continued)
Step 2: (continued)
C. A Step 2 grievance shall be initiated in writing cfo a form
prescribed by the City and shall be filed with the person (2)
designated by City management who has the responsibility
of the next level of supervision within the department. The
employee may be represented by a representative of his/her
choice.
D. The grievant shall cite the specific provision(s) of the
Memorandum of Understanding, ordinance, resolution, or
written rule claimed to have been violated in effect at such
time the alleged incident(s) occurred, set forth the facts that
purportedly constitute such violation, and the specific
remedy sought.
E. Within seven (7) working days after the initiation of the Step.
2 grievance, the City's designated representative for this
step shall. investigate the grievance and give his/her decision
in writing to the grievant.
Step 3:
A. If the grievant is not satisfied with the decision rendered
pursuant to Step 2, he/she may appeal the decision within
seven (7) working days to the person designated by the City
Manager who has the next level of supervision within the
department, if any. The employee may be represented by a
representative of his/her choice.
B. The designated representative shall respond in writing within
seven (7) working days to the grievant. If the designated
representative determines it is desirable, he/she shall hold a
conference(s) or otherwise investigate the matter.
Step 4:
A. If a designated representative was used in Step 3 above or
none was designated and the grievant is not satisfied with
the decision rendered pursuant to Step 2 or 3 as applicable,
he/she may appeal the decision within seven (7) working
days to the City-Manager. The employee may be
represented by a representative of his/her choice.
8
Item 8.o. - Page 17
ARTICLE 5. GRIEVANCE PROCEDURE (continued)
Step 4: (continued)
B. The City Manager shall respond in writing within seven (7)
working days to the grievant. If the City Manager determines
it is desirable, he/she shall hold a conference(s) or otherwise
investigate the matter.
Step 5:
If the grievance is not resolved satisfactorily at the above Step(s),
the grievant, with the, written concurrence of the Union, within ten
(10) days, excluding holidays, may submit the grievance to binding
arbitration. Upon mutual agreement of both parties, the time.·
deadline may be extended for a specified number of days. If any
question arises as to the arbitrability of the grievance, such
question shall be ruled upon by the arbitrator only after he/she has
had an opportunity to hear the merits of the grievance.
A. The arbitration proceeding shall be conducted by an
arbitrator to be selected by the two parties within ten (10)
working days after said notice is given. If the two parties fail
to reach agreement on an arbitrator within five (5) days, the
State Conciliation Service will be requested to supply a list of
five (5) names. Each party will alternately strike from the list
until only one (1) name remains. The order of striking will be
determined by lot.
B. The arbitrator shall hold a hearing within ten (10) working
days of his/her appointment. Five (5) working days' notice
· will be given .to all parties .of the time and. place of the
hearing. ·within ten (10) working days after completion .of the
hearing, the arbitrator shall render the decision in writing and
shall set forth his/her findings of fact, reasoning, and
conclusions on the issues submitted.
The arbitrator shall be without power or authority to make
any decision that requires the commission of an act
prohibited by law or violates the terms of this Agreement.
However, it is agreed that the arbitrator is empowered to
include a decision for reimbursement for financial loss of
wages or fringe benefits or other non-financial remedies as
judged to be proper. The arbitrator shall submit to all parties
his/her findings that shall be binding and final on both
parties.
9
Item 8.o. - Page 18
ARTICLES.
ARTICLE 6.
GRIEVANCE PROCEDURE (continued)
Step 5: (continued)
C. Nothing in the foregoing shall be construed to empower the
arbitrator to make any decision amending, changing,
subtracting from, or adding to, the provisions of -this
Agreement.
D. The fees and expenses of the arbitrator shall not be the
responsibility of the prevailing party. All other expenses
shall be borne by the party incurring them, and neither party
shall be responsible for the expense of the witnesses of the
other. If any grievance meeting or hearing. shall be
scheduled during the work day,· any worker required by
either party to participate as a witness or grievant in such
meeting or hearing shall be released from regular duties
without loss of pay or benefits for a reasonable amount of
time.
E. Either party may request an individual to make a written
record of the entire arbitration hearing. The cost of the
services and expense of such individual shall be paid by the
requesting parties upon mutual agreement.
F. All documents dealing with the processing of a grievance
shall be filed separately from the· personnel files of the
participants as designated in this Agreement.
DISCIPLINARY APPEAL PROCEDURE
Effective for discipline initiated after the date of ratification of this M.O.U., appeals from
·discipline and discharge of unit employees represented by S.E.l.U. Local 620 only, shall
be processed exclusively in accordance with this modified appeal procedure. The
provisions of this Article apply only to employees represented by S.E.l.U. Local 620 and
supersede any conflicting provisions contained in the Personnel Regulations of the City
of Arroyo Grande, Section Vlll.D -G inclusive for S.E.1.U. represented employees.
Employees represented by Local 620 receiving a "Notice of Recommended Disciplinary
Action" under Section VIII A. of the Personnel Regulations shall have the right to Union
representation if he/she so chooses. · The City agrees to send copies of all disciplinary
notices for represented employees to the Union by Facsimile (FAX) and U.S. Mail at:
(805) 614-7620 (FAX)
Local 620, Service Employees' International Union, AFL, CIO, CLC
2345 S. Broadway #C _
Santa Maria, CA 93454
10
Item 8.o. - Page 19
ARTICLE 6. DISCIPLINARY APPEAL PROCEDURE (continued)
Nothing in this Article shall preclude an employee and the City Manager from informal
discussions and/or settlements prior to the date of the hearing.
For the purpose of this M.O.U. and as applied to S.E.1.U. represented employees only;
the City's Disciplinary Action procedure is hereby modified as follows:
Section D-1: Method of Appeal (S.E.1.U. Only):
Appeals shall be in writing and contain a brief statement about the action
being appealed and the reason(s) the employee believes· the disciplinary
action is not appropriate. The letter of appeal shall be filed with-the City
Manager within five (5) business days of receiving the notice of
disciplinary action.
Upon the filing of an appeal, the City Manager shall set a date for a
hearing on the appeal not less than ten (10) days nor more than sixty (60)
days from the date of filing. The City Manager or designated
representative shall notify all interested parties of the date, time, and place
of hearing. The City Manager will also select a Hearing Officer from either
the State Mediation and Conciliation Service (SMCS) or another individual
selected from a list provided by the SMCS, provided that the person
selected to be the Hearing Officer has experience adjudicating Disciplinary
Hearings.
Section E:
Section F:
Hearing: No Change to City Personnel Regulations Manual.
Findings of the Hearing Officer: No Change to City Personnel
Regulations Manual.
Section G: Appeal Procedures:
1. Appeal of Findings by Hearing Officer Other Than City
Manager-a., b., c.: No Change to City Personnel
Regulations Manual.
2. Appeal of Findings by the City Manager:
An employee who believes the City Manager's Final
Decision contains findings of fact that are erroneous or legal
conclusions which are arbitrary and/or capricious may
appeal such findings _and resulting proposed disciplinary
action(s).
11
Item 8.o. - Page 20
ARTICLE 6. DISCIPLINARY APPEAL PROCEDURE (continued)
Section G: Appeal Procedures: (continued)
2. Appeal of Findings by the City Manager: (continued)
Such appeals shall be made to the City Council. Such
appeal shall be filed within twenty (20) working days of
receiving the Notice of Disciplinary Action from the City
Manager.
ARTICLE 7. MANAGEMENT RIGHTS
The City retains all its exclusive rights and authority under federal, state, and municipal
law and expressly and exclusively retains its management rights, which include, but are
not limited to:
• the exclusive right to determine the mission of its constituent departments,
commissions, boards;
• set standards and levels of service;
• determine the procedures and standards of selection for employr:nent and
promotions;
• direct its employees;
• determine the methods and means to relieve its employees from duty because
of lack of work or other lawful reasons; ·
• maintain the efficiency of governmental operations;
• determine the methods, means and numbers and kinds of persons by which
government operations are to be conducted;
• determine methods of financing;
• determine styles and/or types of City-issued equipment to be used;
• determine and/or change the facilities, methods,· technology, means,
organizational structure, and composition of the work force and allocate and
assign Work by which the City operations are to be conducted;
• determine and change the number of locations, relocations, and types of
operations, processes, and materials to be ·used in carrying out all City
functions, including but not limited to, the right to contract for or subcontract
any work or operations of the City. ·
12
Item 8.o. - Page 21
ARTICLE 8. WAGES / INCREASES
The S.E.l.U. represents the following employee classifications:
CLERICAL AND FISCAL SALARY RANGE SALARY RANGE
07/04/14
Administrative Secretary
Senior Accounting Clerk
Accounting Clerk
Office Assistant II
Office Assistant I
25
24
21
18
14
RECREATION SERVICES, PUBLIC WORKS AND COMMUNITY
DEVELOPMENT
Senior Engineer
Associate Engineer
Streets and Landscaping Supervisor
Utilities Supervisor
Assistant Engineer
Recreation Supervisor
Fleet Maintenance Coordinator
Public Works Lead Person
Water Services Worker
Maintenance Worker Ill
Recreation Coordinator
Accounting Clerk
Maintenance Worker II
Office Assistant 11
. Maintenance Worker I
Office Assistant I
46
43
36
36
36
34
30
30
27
25
20
21
20
18
16
14
25
25
21
18
14
46
43
37
37
36
34
30
30
27
25
23
21
20
18
16
14
The City and the S.E.l.U. agree that all position classifications represented by the Union
in this Article shall receive salaries as represented in Exhibits "A -C" for the period of
July 1, 2014 through June 30, 2017.
A. FISCAL YEAR 2014/2015
The salaries contained iii Exhibit "A" shall reflect a 2.5% salary increase effective
July 4, 4014.
B. FISCAL YEAR 2015/2016
For FY 2015/2016 salaries contained in Exhibit "B" shall reflect a 2% salary
increase effective the first full pay period after July 1, 2015.
13
Item 8.o. - Page 22
ARTICLE 8. WAGES/ INCREASES (continued)
C. FISCAL YEAR 2016/2017
For FY 2016/2017 salaries contained in Exhibit "C" shall reflect a 2% salary
increase effective the first full pay period after July 1, 2016.
D. EQUITY ADJUSTMENTS
The City agrees to provide the following equity adjustments effective July 4,
2014:
• Utilities Supervisor
• Streets and Landscaping Supervisor
• Senior Accounting Clerk
• Recreation Coordinator
2.5% salary increase
2.5% salary increase
2.5% salary increase
7 .5% salary increase
During the second and third year of this agreement, the City agrees to reopen
negotiations regarding consideration of equity adjustments for positions which
are identified as 5% below the median of the City's salary survey of comparable
citieswithin San Luis Obispo County.
8.1 Advancement in Salary
The salary range as set forth for each classification is divided into five (5) steps
that shall be interpreted and applied as outlined in this Article. Salary step
increases as provided herein are not automatic but based on performance and
merit. Employees shall be placed on the step and qualify for increase in
compensation for advancement to the next higher step of the pay ranges in the
manner following:
A. The first step is the minimum rate and normally shall be the hiring
rate.
B. The second step is granted to employees who are eligible for this
adjustment, after completion of the probationary period. The
adjustment shall be made only if granted by the Department
Director and subject to the approval of the City Manager or his/her
designee.
C. The third step shall be granted to an employee who has proven
fully qualified in a given classification for one (1) full additional year
from granting of previous step increase only. if granted by the
Department Director and subject to the approval of the City
Manager or his/her designee.
D. The fourth step shall be granted to an employee who has proven
above average in a given classification for one (1) full additional
14
Item 8.o. - Page 23
ARTICLE 8. WAGES / INCREASES (continued)
year by the Department Director and with the approval of the City
Manager or his/her designee.
E. The fifth step shall be granted to an employee who has continued
to demonstrate above average performance and has demonstrated
continued growth in a given classification for one (1) full additional
year by the Department Director and with the approval of the City
Manager or his/her designee.
F. A performance report on each employee recommended for salary
advancement shall be prepared and submitted by the Department
Director to the City Manager prior to final action on such
recommendation at each step.
G. An employee must always continue to maintain an acceptable level
of performance and shall be evaluated annually by his/her
Department Director. If the written evaluation by the Department
Director· does not support a continued acceptable effort, an
individual may be reduced in salary by the Department Director,
with the approval of the City Manager or his/her designee.
8.2 Paychecks
The City will pay regular checks on a biweekly basis and continue payroll
deductions for the County-City Employee Credit Union, when so desired by
employees.
8.3 Educational Pay
A. The Educational Pay Program is intended to promote the
improvement of employee efficiency and the advancement of
employees to positions of higher skills.
B. Employees may qualify for advancement of one salary range above
their position classified range upon receipt of an Associated Arts
Degree, in a field relative to their job classification, from an
accredited junior college, or upon earning a special license or
certificate, deemed to be equivalent to an AA degree and is related
to the performance of the employee's duties and/or assignment,
upon recommendation of the Department Director and approval by
the City Manager. For purposes of completion of certificated
courses related to an employee's duties and/or assignment
equivalency (including those programs resulting in a special license
or certificate), or an aggregate of the same which equals or
exceeds 720 instructional hours, will be deemed to be equivalent to
an AA degree.
15
Item 8.o. - Page 24
ARTICLE 8. WAGES/ INCREASES (continued)
Any employee who is receiving educational pay for any license or
certificate as of July 1, 1999, will continue to receive.such pay.
G. Employees who possess licenses or certificates as specified in
Section B of this Article, totaling less than 720 hours and more than
300 hours, shall qualify for an advancement in salary of $20 per
pay period upon recommendation of the Department Director and
approval by the City Manager.
D. Employees may qualify for advan_cement of two salary ranges
above their position classified range upon receipt of a Bachelor of
Science/Bachelor of Arts Degree in a field relative to their job
classification, from an accredited college, upon recommendation of
the Department Director and approval of the City Manager.
E. Exception: Where job. classifications or requirements include an
Associated Arts or Bachelor of Science/Bachelor of Arts degree,
Section Band Section C, will not apply.
F. No additional educational pay shall be made for duplicate, or more
than one, AA degree, BA degree, or applicable certificates.
8.4 Shift Differential
The City shall pay $.50 (fifty cents) per hour additional wages for each hour
worked when at least four and one-half (4 %) hours are worked between 5:30
P.M. and 7:30 A.M., providing such working assignment has been
assigned/approved by the Department Director with the concurrence of the City
Manager. Exception to the prior approval provisions shall be granted for
emergency call-outs.
8.5 Merit Increases
Merit increases will go effective the first day of the next full pay period following
the evaluation due date.
ARTICLE 9. NO STRIKE I NO LOCKOUT
The Union agrees that during the term of this Memorandum of Understanding, neither
the Union or the employees it represents will engage in, encourage, sanction, support,
or suggest any strikes. The employer agrees that it will not lock out any of its
employees during the term of this Memorandum of Understanding.
1-6
Item 8.o. - Page 25
ARTICLE 10. SPECIAL PAY PRACTICES
10.1. Flex-Time Schedules
Employees for whom necessity requires a different schedule than that generally
applied shall work according to regulations prepared by the respective
supervising officials and approved by the City Manager. The City shall specify in
writing all Chang.es in work place and hours and provide the affected employees
with reasonable notice of these changes. Hours may be altered to permit flex-
time.
10.2 Use of Private Vehicle I Mileage Rate
An empfoyee who is required to operate his or her own privately-owned
automobile for the performance of official duties shall be reimbursed at the rate
established by the City Council for each mile necessarily traveled. Such
reimbursement shall be paid monthly.
10.3 Callback Pay
Callback is defined as that circumstance requiring an employee to unexpectedly
return to work after the employee has left work at the end of the employee's work
day or work week.
An employee called in early to start his/her work shift, without prior reasonable
notice, will also receive time and one-half (1 %) overtime pay for all extra hours
worked, with a minimum call-out of two (2) hours. If an employee receives a
second callback within the two hour window of their first call, then the employee
shall only receive additional pay for the time worked beyond the two hours.
10.4 Hours of Work and Overtime
The normal working schedule of full-time employees shall be eight (8) hours pay
or forty (40) hours per week. All authorized time worked in excess of forty (40)
hours per week, or on a holiday recognized in this Memorandum of
Understanding, shall be compensated at the rate of one and one-half (1 %) times
the employee's regular base hourly rate of pay. Time worked for computation of
overtime shall include holidays, jury duty, sick leave, bereavement leave, and
previously scheduled vacation and compensatory time off, for purposes of this
paragraph, and shall be calculated at a maximum of eight (8)' hours per day.
Overtime shall be computed at the nearest quarter (1/4) hour. At the request of
any employee eligible for overtime pay, his/her supervisor will provide that, in lieu
of cash payment for any overtime, he/she may have the choice of time off with
pay at the rate of one and one-half (1 %) hours for each hour of overtime worked.
Compensatory time off shall be taken at the option of the employee, with the
consent of the supervisor. The limit for accrued compensatory time off is 150
hours per employee. Upon separation from employment, an employee is entitled
to receive cash compensation for any unused compensatory time.
17
Item 8.o. - Page 26
ARTICLE 10. SPECIAL PAY PRACTICES (continued)
10.5 Standby Pay
Standby duty is defined as that circumstance which requires an employee so
assigned to:
A. Be ready to respond immediately to a call for service; and
B. Be readily available at all hours by telephone.
An employee so assigned to standby duty shall receive $1.50 per t:iour, to begin
at the end of the regularly scheduled work day or work week, or other employee's
standby time, and end at the start of the next regularly scheduled work day or the
beginning of another employee's standby time. When an employee is called in
and is being paid at his/her normal rate of pay (including overtime), .standby pay
will not apply.
10.6 Rest Periods and Breaks
Employees in all bargaining unit classes are entitled to a fifteen (15) minute duty-
free rest period during each four (4) hours of continuous work .
. A rest period shall count as fifteen (15) minutes of time worked for calculation of
pay.
Rest periods may be suspended when unusual emergency conditions require
continuou.s performance of duties in order to protect or preserve life or property.
10. 7 Alternate Work Schedules
The City and the Union agree that under some circumstances alternate work
schedules may be beneficial to both employees and the City. Accordingly,
employees may request to work an alternative work schedule. Such requests
shall be subject to approval by the Department Director and the City Manager.
City management reserves the right to remove employees from alternative work ·
schedules.
10.8 Bilingual Pay
A. An employee fluent in Spanish or other language, the use of which
has been determined by the City Manager to be of benefit to the
City, shall be paid $50.00 per month. Fluency shall be certified by
a test administered through the City Manager's Office; A certified
, employee shall request bilingual pay on a form approved by the
City Manager., No more than six employees fluent in one of the
identified languages shall be eligible for bilingual pay at any one
time.
18
Item 8.o. - Page 27
ARTICLE 10. SPECIAL PAY PRACTICES (continued)
B. The City Manager shall determine which employees, what mix of
languages, and which job functions may be eligible for bilingual pay
based upon accessibility of the employee to the public,
representation in departments, or other factors that could affect the
use of theses skills for public benefit. Nothing in this section shall
preclude. the use by an employee of foreign language skills in the
work place for the . public benefit even if the employee is not
receiving bilingual pay.
10.9 Water Treatment and Distribution Certification Pay
ARTICLE 11.
Employees in the classifications of Maintenance Worker I, II, and Ill, Water
Services Worker, Public Works Lead Person, Utilities Supervisor and
Streets and Landscaping Supervisor shall receive special pay of 1 % of
their base salary for each Water Treatment Operator Certification from the
California Department of Public Health T1 through T3 received and
maintained and Water Distribution Operator Certification D1 through D4
received and maintained up to a maximum of 7% for employees
permanently assigned to the Water Services Section and the Streets and
Landscaping Supervisor, and 2% for employees assigned to other
maintenance operations. ·
Employees shall receive special pay for each certification obtained only as
long as each individual certification is maintained. Employees may
receive up to a total maximum of 7.5% for Educational Pay and Water
Treatment and Distribution Certification Pay when combined. Employees
shall not receive both Educational Pay and Water Treatment and
Distribution Certification Pay for" the same education completed. In such
case.that education completed to obtain Water Treatment and Distribution
Certifications qualify an . employee. to receive Educational Pay, the
employee shall receive whichever is highest between the two special pay
amounts.
INSURANCE
11.1 Medical Insurance Benefits
A. The base medical plan shall be defined as the Health Maintenance
Organization (HMO) program available to the City. If availability of
an HMO to the City is discontinued by the medical plan provider,
the base plan will become the basic PPO plan available to the City
by the existing medical plan provider.
C. The City will maintain health benefits through CalPERS through
calendar year 2017.
19
Item 8.o. - Page 28
ARTICLE 11. MEDICAL INSURANCE (continued)
11.2 Cafeteria Plan
A. The City shall contribute an equal amount towards the cost of
medical coverage under the Public Employee's Medical and
Hospital Care Act (PEMHCA) for both active employees and
retirees. The City's contribution toward coverage under PEMHCA
shall be the minimum contribution amount established by CalPERS
on an annual basis. The City's contribution under PEMHCA shall
be $119 per month from July 1, 2014 through November 30, 2014
and $122 per month from December 1, 2014 through November 30,
2015: This amount shall be adjusted on an annual basis as the
PEMHCA minimum contribution increases. ·
B. Employees participating in the City's full flex cafeteria plan shall
receive a flex dollar allowance to purchase group health coverage
for medical, dental and vision under the City's Cafeteria Plan. For
the period of July 1, 2014 through November 30, 2014, the monthly
flex dollar allowance shall be $558.00 with respect to an employee
enrolled for self alone, $1,019.68 for an employee enrolled for self
and one family member, and $1,305.77 for any employee enrolled
for self and two or more family members.
C. Effective December, 2014 for the January 2015 premium, the City's
total Cafeteria Plan contribution for the plan shall be enhanced by
an amount equal to one-half of the increase for the lowest cost
HMO plan offered by PERS. ·J
D. Effective December 2015, for the January 2016 premium, the City's
total Cafeteria Plan contribution for the plan shall be enhanced by
an amount equal to one-half of the increase for the lowest cost
HMO plan offered by PERS, up to a. maximum of 5% increase in
the City's contribution. Any increase in premiums above this
amount will be the full responsibility of the employee.
E. Effective December 2016, for the January 2017 premium, the City's
total Cafeteria Plan contribution for the plan shall be enhanced by
an amount equal to one-half of the increase for the lowest cost·
HMO plan offered by PERS, up to a maximum of 5% increas~ in
the City's contribution. Any increase in premiums above this
amount will be the full responsibility of the employee.
F. A portion of the flex dollar allowance ($119 per month for 2014 and
$122 per rnonth for 2015) is identified as the City's contribution
towards PEMHCA. This amount shall be adjusted on an annual
basis as the PEMHCA minimum contribution increases. Remaining
flex dollars must be used by employees to participate in the City's
health plans. Employees who waive medical coverage under the
20
Item 8.o. - Page 29
G. ARTICLE 11. MEDICAL INSURANCE (continued)
Cafeteria Plan because he/she provided the City with written proof
that medical insurance coverage is in force through coverage
provided by another source consistent with any rules or restrictions
on the City by the medical plan -provider, can take flex dollars for
the amount provided to employees enrolled for self alone (taxable
income), deposit it into their 457 plan, o~ use_ it to purchase
voluntary products. No remaining flex dollars may be redeemed.
11.3 Vision Insurance
The City shall provide a Vision Care Plan for bargaining unit members. The City
shall contribute the full family premium. The City may select an alternate vision
care provider during the term of the M.O.U. providing that:
A. Any new plan maintains equivalent benefits to the employees; and
B. At least twenty-one (21) days advanced notice of plan changes are
provided to the Union.
11.4 Life Insurance Plan
A. City shall provide group term life insurance benefit plan for
bargaining unit members, which shall provide for forty thousand
dollars ($40,000) life coverage plus accidental death for employees
only during the term of their employment.
B. The City shall make available additional voluntary life insurance
coverage, at the employee's expense, as long as the minimum
participation requirements of the insurance provider are met. ·
11.5 State Disability Insurance
The City shall provide and pay the premiums for State Disability Insurance,
integrated with sick leave. Effective January 1, 2004, the City will pay the
premiums for the new Family Temporary Disability Insurance. Should there be
any future rate increases to State Disability Insurance and/or Family Temporary
Disability. Insurance plans after January 1, 2004, the City and SEIU Local 620
agree to meet and confer to discuss responsibility for payment of such increases.
11.6 Dental Insurance Plan
The City shall provide for all employees in classifications represented in this
Memorandum of Understanding a dental plan of the City's choice. The City shall
pay up to the full family premium. The City may select an alternate dental
insurance plan provider during the term of this M.O.U. providing that:
A. Any new plan maintains equivalent benefits to the employees; and
B. At least twenty-one (21) days advanced notice of plan changes are
provided to the Union.
21
Item 8.o. - Page 30
ARTICLE 12. HOLIDAY LEAVE
The following days shall be paid holidays for employees:
a. lndepe·ndence Day
b. Labor Day
c. Veterans' Day
d. Thanksgiving Day
e. Day following Thanksgiving
f. Christmas Eve
g. Christmas Day
h. New Year's Eve
i. New Year's Day
j. Martin Luther King Day
k. Lincoln's Birthday
I. President's Day
m. Memorial Day
n. One day of Employee choice with Supervisor approval (Floating Holiday)
o. Every day designated by the President, Governor, or Mayor for public
observance as a special, nonrecurring single event, such as the death of a
national leader or end of a war.
When any of the above-listed holidays fall on Saturday, it will be recognized on Friday.
If it falls on Sunday, it will be recognized on Monday. For all employees who regularly
worked on Saturday and/or Sunday, the holiday will be specified by the above-listed
dates. In case a holiday falls on an employee's regularly scheduled day off, he/she
shall have the option to take such a holiday on an alternate day, as selected by the
employee and approved by the Department Director.
ARTICLE 13. VACATION LEAVE
A. The purpose of annual vacation leave is to enable each eligible employee
to annually return to his work mentally and physically refreshed.
B. Each eligible employee shall be required to have served the equivalent of
one (1) year of continuous service in the City in order to be eligible for
his/her full annual vacation leave. However, in the event an employee so
chooses, he/she may, after six (6) continuous months of service, take
vacation leave not to exceed five (5) working days, with the Supervisor's
approval.
C. Employees who terminate employment and upon return of all City-owned
property in good condition, shall be paid in a lump sum for all accrued
vacation leave earned prior to the _date of termination.
D. Vacation leave with pay shall be earned by employees in accordance with
the following schedule:
22
Item 8.o. - Page 31
ARTICLE f3. VACATION LEAVE (continued)
AFTER: YEARS DAYS = HOURS PER MONTH
01 10 6.67
02 12 8.00
03 13 8.67
04 14 9.34
05 15 10.00
06 15 10.00
07 16 10.67
08 16 10.67
09 17 11.34
10 17 11.34
11 18) 12.00
12 18 12.00
13 19 12.67
14 19 12.67
15 20 13.34
E. If for any reason an employee becomes ill during a vacation, or in the case
where a holiday falls during a vacation period, the affected employee shall
be entitled to utilize such available sick or holiday leave in lieu of vacation
leave. The vacation period may be appropriately extended upon approval
of the Supervisor.
F. Vacation leave may be taken as it accrues. Vacation shall be scheduled
at the discretion and convenience of each individual employee, with the
consent of the Supervisor, within the limitations necessitated by the
legitimate operational needs of the City.
G. In the event the scheduling preferences of two (2) or more employees
conflict, the preferences of the more senior employee from date of hire
shall govern, barring any unusual circumstances.
H. An employee must use .a minimum of 50% vacation leave earned each
calendar year during that same calendar year. The balance of the
vacation leave remaining unused during that same calendar year may be
accrued. Exception is made to this paragraph for all new employees
commencing City employment after December 31st of each year so that
there is no requirement upon a new employee to use a minimum of 50%
of vacation leave earned by the first December 31st after employment
commences.
I. Employees may accrue vacation leave up to a maximum of 225 hours.
Accrued vacation may exceed the maximum allowable by up to, and no
more than, 24 hours during the calendar year, at which time the employee
shall stop accruing vacation leave above that amount. In the event an
23
Item 8.o. - Page 32
ARTICLE 13. VACATION LEAVE (continued)
employee's accrued vacation leave exceeds the maximum allowable of
225 hours on January 1, the employee shall be paid at his/her January 1
hourly wage rate for those hours accrued in excess of the maximum
allowable of 225 hours up to a maximum of 24 hours. Upon request of an
employee, an exception to the accrual limit may be made upon
recommendation by the Department Director and approval by the City
Manager.
ARTICLE 14. SICK LEAVE
A. All full-time, permanent employees shall accrue one (1) working day of
sick leave with pay for each month of service. The maximum
accumulation of earned sick leave shall be 1,000 hours. An employee will
not accumulate any additional sick leave until such time as his/her
accumulated balance falls below 1,000 hours. If an employee has
accumulated over 1,000 hours of earned sick leave as of July 1, 2012, the
employee may continue to accumulate up to his/her sick leave balance as
of that date. Upon retirement, an employee may choose to be paid 50%
of his/her unused sick leave, to a maximum of 450 hours at his/her current
rate of pay. Upon retirement, unused accumulated sick leave may be
converted to PERS retirement credit per the· City's contract with PERS. At
the end of each calendar year, each employee has the option of being
paid straight time for 25% of his/her unused sick leave of that year,
transferring it to vacation, or leaving it in sick leave.
B. Employees may transfer sick leave on a voluntary basis to a fellow
employee who has exhausted all his/her sick leave and vacation leave
due to an extended illness or injury. The transfer shall be based on each
employee's hourly rate of pay and shall not exceed twenty-four (24) hours
of sick leave based oil the hourly rate of pay of the receiving employee.
The transfer shall be requested on a form provided by the City, be
completed by both employees who mutually request such transfer, and
submitted for approval to their Department Directors and the City Manager
for final approval. The requesting employee must indicate how many
hours they will need for their leave. The receiving employee shall not be
obligated to repay any transferred leave to the contributing employee, and
contributing employee understands that such transfer shall be deemed as
if used and will be subject to all other provisions applicable. Under no
circumstances may the requesting employee receive more donated hours
in their sick bank than actually used for their leave.
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Item 8.o. - Page 33
ARTICLE 15. LEAVES OF ABSENCE
15.1 Bereavement Leave
Permanent full-time employees shall be granted leave by their Department
Director whenever the affected employee has experienced a death in the
immediate family, defined as the spouse, the employee's or employee's spouse's
father, mother, brother or sister, child or stepchild, grandparents, grandchildren,
son-in-law, daughter-in-law, "step" relatives as described above, aunt or uncle, or
any other person residing in the same household where attendance to the funeral
is necessary.
Such absence by the employee shall be limited to five (5) _working days per
occurrence of paid leave. Such leave is not chargeable against sick or vacation
leave. As a condition of gran.ting leave for bereavement purposes, the appointing ·
authority may request verification of the loss.
In order to receive this benefit, domestic partners must be registered with the
Secretary of State.
15.2 Family Leave
A. An employee may_ take an unlimited amount of sick leave if required
to be away from the job to personally care for a member of his/her
immediate family, as defined in Article 15.1, Bereavement Leave,
subject to approval of the supervisor and verification of need.
B. Pursuant to the State and Federal Leave Acts, the following is
provided for all employees who have been employed a minimum of
twelve (12) months and have worked at least 1,250 hours during
the 12-month period preceding leave:
1. Up to twelve weeks (60 workdays) unpaid leave in a twelve
(12) month period. Intermittent leave is allowed.
2. Leave may be taken for: (1) birth of and care of newborn
child; (2) placement of child with employee for adoption or
foster care; (3) to care for spouse, child, or parent having
serious health condition; (4) employee's own serious health
condition.
3. The employee's insurance, including medical, dental, vision,
and life insurance will be maintained under the same
conditions as if the employee were still working.
4. Request for leave must be made 30 days prior to leave, if
foreseeable.
5. Employee may use accrued vacation, holiday, or personal
leave during family _leave. Sick leave may be used for
employee and/or immediate family illness or disability.
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Item 8.o. - Page 34
. ARTICLE 15. LEAVES OF ABSENCE (continued)
6. Upon return to work, employee will be restored to same or
equivalent position with equivalent benefits.
All other provisions of the State FCLA and Federal FMLA apply.
15.3. Medical Leave
Medical leave without pay may be granted for the purpose of recovery from
prolonged illness or injury or to restore health or for pregnancy upon employee's
written request to and approved by the Department Director and City Manager,
subject to submission of medical evidence satisfactory as establishing the
employee's medical need. During the approved leave period, the City will not
pay employee benefits; however, the employee may elect to maintain City
medical insurance coverage for employee and dependents at employee's sole
cost if such coverage of all individuals is in effect sixty (60) days prior to ·1eave
application to the City Manager.
15.4 Emergency Leave
Emergency leave without pay may be granted to any permanent employee who,
upon written request to and approved by the Department Director and City
Manager, demonstrates that the leave is necessary for personal reasons beyond
his/her control or will serve to improve his/her ability as an employee of the City.
Emergency leaves may be granted up ·to a maximum of or:ie (1) year. Upon
expiration of an approved emergency leave, the employee shall be reinstated in
the position held at the time leave was granted. The leave period shall not be
credited to . employee seniority or credited toward time served with the City.
Failure on the part of the employee on leave to report promptly at the !eave's
expiration shall be cause for discharge. During the leave period the City will not
pay employee benefits; however, the employee may elect to maintain City
medical insurance coverage for employee and dependents at employee's sole
expense if such coverage of all individuals is in effect sixty (60) days prior to
leave application to the City Manager.
15.5 Jury Duty
Employees shall be granted leave, with full pay and no loss in benefits, when
called for jury duty, if the employee remits jury fees received for such jury duty.
The employee may retain all travel pay or subsistence pay granted by the court
because of the employee's participation in jury duty. The employee shall be
responsible for notifying his/her supervisor as soon as possible upon receiving
notice to appear for jury duty, make every reasonable effort to keep his/her
supervisor advised as to the anticipated length of service, and return to work
immediately following the end of jury duty service.
26
Item 8.o. - Page 35
ARTICLE 15. . LEAVES OF ABSENCE (continued)
15.6 Military Leave.
Every employee of the City shall be granted military leaves of absence and other
benefits as provided in Division II, Part I, Chapter VII of the Military and Veteran's
Code of the state of California.
ARTICLE 16. ·· UNIFORM ALLOWANCE
The City agrees to furnish five (5) shirts and five (5) pairs of pants per week for
employees in the following classifications:
Maintenance Worker I, II, Ill
Fleet Maintenance Coordinator
Public Works Lead Person
Utilities Supervisor
Streets and Landscaping Supervisor
Employees hired to fill newly-created classifications will also receive uniforms under this
section if the wearing of a uniform is required. Uniforms for the above-listed field
personnel are to be worn during work and may be worn to and from work.
16.1 Safety Shoes
During the term of this Agreement, the City shall provide one pair of safety shoes
to all unit employees, as listed in Article 16, per fiscal year to a maximum cost of
$150. The safety shoes shall be purchased during the month of August unless
deemed a necessity to be purchased before the month of August by the
Department Director and approval of the City Manager. The safety shoes must
be worn during all hours where there is a need for such shoes or as required by
the Department Director. A vendor to be used to make purchases of safety
shoes will be mutually agreed upon by the City and Union.
16.2 Safety Glasses
The City will provide safety prescription glasses and lens for those employees
who need them to carry out their tasks. The glasses will comply with OSHA
standards.
ARTICLE 17. RETIREMENT
17 .1 PERS Retirement Contributions
A. G.C. Section 21354.4. The CalPERS 2.5% at Age 55 Retirement
Plan is provided for employees hired prior to December 21, 2012.
Employees under this plan will pay the full eight percent (8%)
employee share of CalPERS retirement benefit costs.
B. G. C. Section 21354. The CalPERS 2.0% at Age 55 Retirement
plan will be provided for employees hired between December 21,
27
Item 8.o. - Page 36
ARTICLE 17. RETIREMENT (continued)
2012 and December 31, 2012, CalPERS "Classic" members hired
on or after January 1, 2013, and those eligible for reciprocity hired
on or after January 1, 2013. Employees under this plan will pay the
full seven percent (7%) of the employee share of CalPERS.
C. G.C. Section 7522.20. The CalPERS 2% @ 62 Retirement Plan
shall be provided for new employees hired on or after January 1,
2013 who are not CaPERS "Classic" employees and are not
eligible for reciprocity. Employees under-this plan shall pay at least
50% of the total normal cost rate (currently 6.25%) of the employee
share of CalPERS.
D. G.C. Section 21024 and 21027. Employees may buy back, at their
expense, retirement service credit for prior military-service as
permitted by CalPERS.
E. GC Section 20042. For employees hired prior to December 21,
2012, retirement benefits are based on the highest single year
compensation.
F. GC Section 20037. For employees hired on or after December 21,
2012, retirement benefits shall be based on the highest average
annual compensation earnable by a member during three
consecutive years of employment.
G. GC Section 20965. Employees will receive credit for unused sick
leave per the provisions of Article 14. A of this MOU.
H. GC Section 21548. The spouse of a deceased member, who was
eligible to retire for service at the time of death, may elect to receive
the Pre-Retirement Optional Settlement 2 Death Benefit.
I. Effective January 1, 2013, the Public Employee's Pension Reform
Act of 2013 (PEPRA) will apply to all employees, as well as for
employees transferring from other CalPERS or reciprocal agencies.
17.2 Retirement Defined
Retirement is defined as the termination of employment at an age when the
employee would qualify for an allowance under the Public Employees Retirement
System (PERS) and the City's Personnel Regulations.
17.3 Retiree Medical
A. Employees who retire from City service shall be allowed to
purchase medical insurance coverage through the City.
28
Item 8.o. - Page 37
ARTICLE 17. RETIREMENT (continued)
ARTICLE 18.
B. GC Section 22892. The City's contribution shall be an equal
amount for both employees and annuitants, which shall be the
minimum contribution amount established by CalPERS on an
annual basis. That amount shall be $119 per month during,
calendar year 2014 and $122 per month during calendar year 2015.
The City's contribution shall be adjusted annually thereafter by the
CalPERS Board to reflect any change in the medical care
component of the Consumer Price Index, provided that the City is -
participating in the CalPERS Health Plan.
C. The City shall provide a supplemental contribution to employees
that are: 1) employed on a full-time basis as of June 30, 2008 and
_who have been employed with the City on a full-time basis for five
(5) years or more at the time of retirement; or 2) employed on a full-
time basis after June 30, 2008 and who have been employed by
the City on a full-time basis for ten (10) years or more at the time of
retirement.
The supplemental contribution shall be equal to the difference
between the minimum contribution amount established by
CalPERS as set forth above in Section 17.3., Section B. and the
following amounts:
For single annuitant coverage: $1_70.51
For annuitant+ 1 dependent: $301.17
For annuitant + 2 or more dependents: $365.24
PROBATIONARY PERIOD
All appointments, original and promotional, shall be tentative and subject to a
probationary period of twelve (12) months. The Department Director, with consent of
the City Manager, may extend the probationary period for specified cause(s), which
shall be provided in writing to the employee.
The probationary period shall be regarded as a part of a continuing testing process and
shall be utilized for closely observing the employee's work, for securing the most
effective adjustment of an employee to his/her newly appointed position, and for
rejecting any probationary employee whose performance does not meet the required
standards of work.
The Department Director, with the consent of the City M!=lnager, may release a newly
hired probationary employee from City employment without cause at any time during the
probationar-Y period.
The Department Director, with the consent of the City Manager, may remove a
transferred or promoted employee from the position to which promoted without cause at
any time during the probationary period; in which event, that employee shall be
reinstated to his/her original position from which originally transferred or promoted.
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Item 8.o. - Page 38
ARTICLE 19. PROMOTION
Promotion of an employee to a higher range shall result in an increase in salary. The
employee's salary shall be placed in the salary range of the new position which would
result in at least a five percent (5%) increase in salary compared to the employee's
existing salary position. Promotion of the employee may be made with the consent of
. the City Manager without testing or opening the position for consideration of all non-
employees. All current employees shall be given consideration for a position opening
that will be filled by promotion. An employee promoted to a new position shall serve a
twelve (12) month probationary period in that position. In the event the promoted party
is removed from the position to which promoted, the employee shall be considered
demoted but shall be returned to the range from which promoted. No change in step
shall occur as a result of an employee passing the promoted position probationary
period. A promoted employee shall retain his or her salary anniversary date held prior
to promotion. An employee's promotion date will become their anniversary date for the
purposes of performance evaluations and step increases.
ARTICLE 20. PROMOTIONAL OPPORTUNITIES
20.1 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.
20.2 Selection
The selection procedure for each promotional opening will be determined
and administered by the employing department in consultation with the
requesting department. Selection procedure and job description
information will be attached or incorporated into the job-posting notice 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 may not be biased with respect to race, sex, religion, creed, political
affiliation, color, national origin, ancestry, or age. Selection procedures
may include any or all of the following phases:
A. Application: Both inside and outside candidates will make
applications on forms specified by the employing department.
Applications must be submitted to the employing department.
B. Screening: . Applications will be screened by · the employing
department to ascertain whether candidates meet minimum
requirements as outlined in the job description. Applicants
screened out at this level will receive a written response explaining
such action.
30
Item 8.o. - Page 39
ARTICLE 20. PROMOTIONAL OPPORTUNITIES (continued)
C.
D.
E.
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.
Written Tests: Written achievement or aptitude tests will be
qualifying. Pass/fail points will be announced in advance for
qualifying tests.
Interviews/Appraisals: Interviews may be conducted individually or
by interview boards and will be qualifying. Interview boards shall
be composed of qualified arid unbiased people. If individual
interviews 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.
20.3 Recommended Candidates
Candidates who successfully complete all phases of the selection
procedure will be recommended to the Department Director and/or City
Manager.
20.4 Appointment
ARTICLE 21.
The Department Director and/or City Manager will make appointments
from among those recommended candidates who are most qualified as
determined by objective review of selection procedure results and
background materials.
MAINTENANCE WORKER JOB SERIES
The Maintenance Worker job series shall be a flexibly staffed classification. Movement
within the series shall not require an examination or certification to a list of eligibles.
Movement within the Maintenance Worker series shall be as follows: .
A. Employees shall be flexed to Maintenance Worker II after one (1) year of
service as a Maintenance Worker I, contingent upon satisfactory
performance.
B. Employees shall be flexed to Maintenance Worker Ill after no less than
three (3) years but no more than four (4) years of service as a
Maintenance Worker II, contingent upon satisfactory performance.
C. Satisfactory performance shall mean the employee's annual Performance
Review is sufficient to allow the employee a merit salary increase.
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Item 8.o. - Page 40
ARTICLE 22. ENGINEER JOB SERIES
The Engineer job series shall be a flexibly staffed classification. Movement within the
series shall not require an examination or certification to a list of eligibles. Movement
within the Engineer series shall be as follows:
A. Employees shall be flexed to an Associate Engineer after completion of
Step E of the Assistant Engineer salary range, contingent upon
satisfactory performance and meeting the job requirements for an
Associate Engineer.
8. Employees shall be flexed to a Senior Engineer after completion of Step E
of the Associate Engineer salary range, contingent upon satisfactory
performance and meeting the job requirements for a Senior Engineer.
C. Satisfactory performance shall mean the employee's annual Performance
Review is sufficient to allow the employee a merit salary increase.
ARTICLE 23. TRANSFERS
Transfer of an employee to a position within the employee's current range shall not
affect the employee's salary rate. Transfer of an employee to a position within a higher
range shall be considered a promotion. Transfer of an employee to a lower range shall
be considered a demotion.
ARTICLE 24. DEMOTION
Transfer of an employee to a lower class shall result in reduction of salary. The
employee's salary shall be placed in the identical step in the lower class that the
employee enjoyed in the class from which demotion was made.
Demotion can be made for cause, except for demotions from probationary positions.
Cause shall be provided to the employee in writing by the Department Director prior to
any action taking place. Demotion for disciplinary reasons may be appealed through
the grievance procedure by the demoted employee. Demotion for other reasons is not
appealable.
ARTICLE 25. LAYOFFS AND DISPLACEMENT
Layoffs:
Whenever, in the judgment of the City, it becomes necessary to make a reduction in
force, whenever possible, said reduction shall be accomplished through attrition.
Layoffs-shall be made by classification and may be department-wide or by division,
program, or function.
Workers subject to a reduction in force shall be given at least forty-five (45) working
days' notice prior to the effective date of the layoff. The notice ·shall contain the
information required in Section X. "Layoff Procedure" of the Personnel Regulations.
The Union shall receive concurrent notice and shall be granted an opportunity to meet.
and consult with the City to discuss proposed alternatives to a reduction in force.
32
Item 8.o. - Page 41
ARTICLE 25. LAYOFFS AND DISPLACEMENT (continued)
Permanent full-time employees and permanent part-time employees shall be
considered separately when the order of layoff reaches C. and D. below. Nothing
herein is intended to require a preference for or against either full-time or part-time
permanent employees in the order of layoff.
When one or more workers performing in the same class in a City department is to face
a reduction in force, that worker's most recent annual evaluation and seniority shall be
used to determine the order of layoff pursuant to the following procedures:
The order of layoff shall be as follows:
A. Temporary workers in inverse order of seniority (least first);
B. Probationary employees in inverse order of seniority;
C. Permanent employees whose most recent annual evaluations were below
satisfactory in inverse order of seniority; and
D. Permanent employees in inverse order of seniority.
"Seniority" for the purposes of this Article shall be defined as the length of service as a
permanent full-time employee with the City. When determining seniority for permanent
full-time positions within a classification subject to layoff, only permanent full-time
service shall be considered.
Displacement:
Permanent full-time employees subject to layoff shall have the right to displace an
employee in the same classification in any Department of the City or in a different class
within the City with the same or lower salary range provided, however, that:
A. The employee subject to layoff has greater seniority than the employee
being displaced and was rated at a minimum of competent/satisfactory in
his/her latest evaluation.
B. If the displacement is to a different class, it must be a class in the same
occupational series as determined by the City with the concurrence of the
Union or, to a class previously held by the employee as a permanent full-
time employee of the City.
If a position in the laid-off employee's classification, or a similar position in a
classification for which the City determines the former employee is suited, becomes
available within twenty-four (24) months of layoff, said former employee shall be
recalled and offered the position in the inverse order of layoff. If-a job in a lower paid
classification _becomes available within twenty-four (24) months, the City shall review
the previously laid-off employees' qualifications. If such laid-off former employees are
qualified in the judgment of the City, he/she may fill the slot(s) until his/her former
position becomes available, if ever.
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Item 8.o. - Page 42
ARTICLE 26. PERSONNEL RECORDS
An employee or his/her designee may inspect his/her personnel file and obtain copies of
any and all items in that file at employee expense. An employee may have placed in
his/her personnel file any signed and dated statement of clarification or disagreement to
any item or article contained within her/her personnel file.
Pers.onnel files include those files maintained by the immediate supervisor or other
administrators/supervisors involved in employee evaluations, as well as the central
personnel file.
A supervisor's personal notes shall not be considered a part of the personnel file.
ARTICLE 27. RESIGNATION
An employee wishing to leave his/her employment with the City in good standing shall
file with his/her supervisor a written resignation stating the effective date of his/her
resignation and the reasons for leaving.
The resigning individual shall file such written resignation at least two (2) weeks in
advance of the effective termination date .and participate in an exit interview conducted
by the City prior to issuance of the final paycheck.
ARTICLE 28. OUTSIDE EMPLOYMENT
No full-time employee shall engage in outside employment or an enterprise that his/her
Department Director and/or the City Manager may find unsuitable and in conflict with
their municipal duties or responsibilities or that lessens their effectiveness as a City
employee.
ARTICLE 29. POSITION VACANCIES
Should the City determine that a vacancy will not be filled, such determination shall be
made within 120 working days of the date upon which the worker vacated the position.
Upon said determination the City will notify the workers in the affected department and
the Union. '
ARTICLE 30. POSITION CLASSIFICATION
Classification Changes: During the course of this M.O.U., the City shall notify the
employee concerned in case of contemplated change in job content as contained in the
classification descriptions that were in effect at the beginning of the agreement.
Working Out of Classification: The term "working out of classification" is defined as a
Management-authorized, full-time assignment to a bu(jgeted 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:
34
Item 8.o. - Page 43
ARTICLE 30. POSITION CLASSIFICATION (continued)
A. Employees appointed to unfilled 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
B. Employees appointed to a position for vacation, sick leave, or other leave
of absence coverage will receive acting pay within the range of the higher
classification after five (5) consecutive work days of assignment in the
acting position.
Such acting pay shall be a minimum of five percent (5%) over the
employee's current salary.
"Out of classification" provisions do not apply to work assignments
performed in connection with specific predetermined apprenticeship or
training programs or declared conditions of emergency and/or disaster.
ARTICLE 31. PROFESSIONAL DEVELOPMENT
A. For that training or certification which is required by job specifications,
legal mandates, and/or which is required by the City, the City will provide
for such training and/or certification, including providing City time to attend
the training and to pay for costs associated with the training.
This section does not apply to training courses and/or certifications
required for advancement/promotion to a new position.
B. For that training or certification which is encouraged by the City in support
of identified programs, the City will provide for such training and/or
certification, including providing City time to attend the training and to pay
for costs associated with attending the.training, provided that the program
for which the training arid/or certification is related remains in. operation
and that funds for such training are included in the current City Budget.
C. The City will maintain training certificates, special licenses, and other
related documentation related to an employee's professional development
in the employee's City personnel file. In addition, an employee may
submit for inclusion into his/her City personnel file documentation for
completion of training related to the employee's duties and responsibilities,
special licenses, or for collegiate courses and/or degrees earned which
the employee completed outside of the workplace. The policy/procedure
for requesting and attending training shall be as provided in Section C-
009, Travel Policy, of the City's Administrative Policy and Procedure
Manual.
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Item 8.o. - Page 44
ARTICLE 32. UNIT ASSIGNMENTS
Any new permanent full-time job classification which does not fall under the City's
management criteria or who is represented by the Arroyo Grande Police Officers'
Association shall be represented by the S.E.l.U.
ARTICLE 33. MAINTENANCE OF BENEFITS AND TERMS AND CONDITIONS
All benefits, terms and conditions of employment enjoyed by unit employees as of July
1, 2014, and any side letter agreements reached after that date, shall remain in full
force and effect unless modified by a subsequent Memorandum of Understanding or by
mutual agreement, in writing, of the parties. ·
ARTICLE 34. M.O.U. IMPLEMENTATION
Both parties agree that the terms of this Memorandum of Understanding supersede
provisions of all other practices, Memorandum of Understanding, resolutions, and rules
of the City that conflict with provisions of this Agreement.
ARTICLE 35. OBLIGATION TO MEET AND WAIVER CLAUSE
Except as otherwise expressly provided in this Agreement or, where the parties
mutually agree to meet and confer on a matter, the City and the Union expressly waive
and relinquish the right, and each agrees that the other shall not be obligated to meet
and confer with respect to any subject or matter, including mandatory subjects of
negotiation, whether or not referred to in this Agreement.
ARTICLE 36. SAVINGS CLAUSE
Should any provision of this Agreement be held inoperative, void, or invalid by a Court
of competent jurisdiction, the remaining provisions of this Agreement shall not be
affected thereby, and. the parties shall meet and confer for the sole purpose of arriving
at a mutually satisfactory replacement of such provision.
ARTICLE 37. POLICY CONFLICTS
The policies and provisions contained herein shall supersede, in all material respects,
all conflicting or inconsistent policies and provisions contained in the City of Arroyo
Grande Personnel Regulations and the City of Arroyo Grande Administrative Policies
and Procedures.
36
Item 8.o. - Page 45
Exhibit"A"
CITY OF ARROYO GRANDE
SCHEDULE OF SALARY RANGES -SEIU
Effective 7/4/2014
RANGE A B c D E Positions
11 2,587 2,716 2,854 2,993. 3,144
12 2,649 2,783 2,922 3,070 3,221
13 2,717 2,855 2,995 3,145 3,304
14 2,784 2,923 3,071 3,223 3,384 Office Assistant i
15 2,857 2,997 3,147 3,306 3,470
16 2,924 3,072 3,225 3,386 3,556 Maintenance Worker I
17 3,000 3,148 3,307 3,471 3,646
18 3,073 3,226 . 3,388 3,559 3,735 Office Assistant II
19 3,149 3,308 3,473 3,647 3,830
20 3,229 3,390 3,561 3,738 3,924 Maintenance Worker II
21 3,309 3,475 3,650 3,834 4,024 Accounting Clerk
22 3,393 3,564 3,742 3,927 4,126
23 3,477 3,653 3,837 4,027 4,228 Recreation Coordinator
24 . 3,566 3,745 3,933 4,128 4,336
25 3,654 3,838 4,028 4,234 4,442 Admin. Secretary
Maintenance Worker Ill
Senior Accounting Clerk
26 3,746 3,935 4,129 4,337 4,554
27 3,841 4,031 4,236 4,444 4,666 Water Services Worker
28 3,937 4,132 4,339 4,556 4,785
29 4,033 4,238 4,447 4,668 4,902
30 4,134 4,342 4,559 4,787 5,026 Public Works Lead Person
Fleet Maintenance Coordinator
31 4,239 4,449 4,672 4,908 5,150
Item 8.o. - Page 47
Exhibit "A"
RANGE A 8 c D E Positions
32 4,344 4,561 4,789 5,029 5,281
33 4,451 4,674 4,910 5,158 .. 5,413
34 4,563 4,792 5,032 5,285 5,548 Recreation Supervisor
35 4,676 4,913 5,160 5,415 5,687
36 4,795 5,034 5,287 5,551 5,828 Assistant Engineer
37 4,915 5,162 5,417 5,692 5,976 Streets and Landscaping Supv.
Utilities Supervisor
38 5,037 5,292 5,553 5,830 6,124
39 5,164 5,419 5,695 5,978 6,277
40 5,293 5,556 5,833 6,126 6,434
41 5,422 5,697 5,982 6,280 6,594
42 5,560 5,836 6!130 6,438 6,758
43 5,700 5,988 6,283 6,599 6,927 Associate Engineer
44 5,841 6,135 6,443 6,763 7,101
45 5,992 6,289 6,605 6,932 7,279
46 6,139 6,449 6,768 7,107 7,464 Senior Engineer
~ 47 6,291 6,607 6,938 7,286 7,650
48 6,453 6;775 7, 115 7,470 7,843
49 6,611 6,946 7,292 7,654 8,037
50 6,778 7, 119 7,474 7,846 8,238
Item 8.o. - Page 48
Exhibit"B"
CITY OF ARROYO.GRANDE
SCHEDULE OF SALARY RANGES -SEIU
Effective 7/3/2015
RANGE A B c D E Positions
11 2,639 2,770 2,9'11 3,053 3,207
12 2,702 2,839 2,980 3,131 3,285
13 2,771 2,912 3,055 3,208 3,370
14 2,840 2,981 3,132 3,287 3,452 · Office Assistant I
15 2,914 3,057 3,210 .3,372 3,539
16 2,982 3,133 3,290 3,454 3,627 Maintenance Worker I
17 3,060 3,211. 3,373 3,540 3,719
18 3,134 3,291 3,456 3,630 3,810 Office Assistant 11
19 3,212 3,374 3,542 3,720 3,907
/.
20 3,294 3,458 3,632 3,813 4,002 Maintenance Worker II
21 3,375 3,545 3,723 3,911 4,104 Accounting Clerk
22 3,461 3,635 3,817 4,006 4,209
23 3,547 3,726 . 3,914 4,108 4,313 Recreation Coordinator
24 3,637 3,820 4,012 4,211 4,423
25 3,727 3,915 4,109 4,319 4,531 Admin. Secretary
Maintenance Worker Ill
Senior Accounting Clerk
26 3,821 4,014 4,212 4,424 4,645
27 3,918 4,112 4,321 4,533. 4,759 · Water Services Worker
28 4,016 . 4,215 4,426 4,647 4,881
29 4,114 4,323 4,536. 4,761 5,000
30 4,217 4,429 4,650 4,883 5,127 Public Works Lead Person
Fleet Maintenance Coordinator
31 4,324 4,538 4,765 5,006 5,253
Item 8.o. - Page 49
Exhibit "B"
RANGE A B c D E Positions
32 4,431 4,652 4,885 5,130 5,387
33 4,540 4,767 5,008 5,261 5,521
34 4,654 4,888 5,133 5,391 5,659 Recreation Supervisor
35 4,770 5,011 5,263 5,523 5,801
36 4,891 5,135 5,393 5,662 5,945 Assistant Engineer
37 5,013 5,265 5,525 5,806 6,096 Streets and Landscaping Supv.
Utilities Supervisor
38 5,138 5,398 5,664 5,947 6,246
39 5,267 5,527 5,809 6,098 6,403
40 5;399 5,667 5,950 6,249 6,563
41 5,530 5,811 · 6,102 6,406 6,726
42 5,671 5,953 6,253 6,567 6,893
43 5,814 6,108 6,409 6,731 7,066 Associate Engineer
44 5,958 6,258 6,572 6,898 7,243
45 6,112 6,415 6,737 7,071 7,425
46 6,262 6,578 6,903 7,249 7,613 Senior Engineer
47 6,417 6,739 7,077 7,432 7,803
48 6,582 6,911 7,257 7,619 8,000
49 6,743 7,085 7,438 7,807 8,198
50 6,914 7,261 7,623 8,003 8,403
Item 8.o. - Page 50
Exhibit"C"
CITY OF ARROYO GRANDE
SCHEDULE OF SALARY RANGES -SEIU
Effective 7/1/2016
RANGE A B c D E Positions
11 2,692 2,825 2,969 3,114 3,271
12 2,756. 2,896 3,040 3,194 3,351
13 2,826 2,970 3,116 3,272 3,437
14 2,897 3,041 3,195 3,353 3,521 Office Assistant I
15 2,972 3,118 3,274 3,439 3,610
16 3,042 3,196 3,356 3,523 3,700 Maintenance Worker I
17 3,121 3,275 3,440 3,611 3,793
18 3,197 3,357 3,525 3,703 3,886 Office Assistant II
19 3,276 3,441 3,613 3,794 3,985
·20 3,360 3,527 3,705. 3,889 4,082 Maintenance Worker II
21 3,443 3,616 3,797 3,989 4,186 Accounting Clerk
22 3,530. 3,708 3,893" 4,086 4,293
23 3,618 3,801 3,992 4,190 4,399 Recreation Coordinator
24 3,710 3,896 4,092 4;295. 4,511
25 3,802 3,993 4,191 4,405 4,622 Admin. Secretary
Maintenance Worker Ill
Senior Accounting Clerk
26 3,897 -4,094 4,296 4,512 4,738
27 3,996 4,194 4,407 4,624 4,854 Water Services Worker
28 4,096 4,299 4,515 4,740 . 4,979
29 4,196 4,409 4,627 4,896 5,100
30 4,301 4,518 4,743 4,981 5,230" Public Works Lead Person
· Fleet Maintenance Coordinator
31 4,410 4,629 4,860 5,106 5,358
Item 8.o. - Page 51
Exhibit"C"
RANGE A 8 c D E Positions
32 4,520 4,745 4,983 5,233 5,495
33 4,631 4,862 5,108 5,366 . 5,631
34 4,747 4,986 5,236 5,499 5,772 Recreation Supervisor
35 4,865 5, 111 5,368 5,633 5,917
36 4,989 . 5,238 5,501 5,775 6,064 Assistant Engineer
37 5, 113 5,370 5,636 5,922 6,218 Streets and Landscaping Supv.
Utilities Supervisor
38 5,241 5,506 5,777 6,066 6,371
39 5,372 5,638 5,925 6,220 6,531
40 5,507 5,780 6,069 6,374 6,694
41 . 5,641 5,927 6,224 6,534 6,861
42 p,784 6,072 6,378 6,698 7,031
43 ·5,930 6;230 6,537 6,866 7,207 Associate Engineer.
44 6,077 6,383 6,703 7,036 7,388
45 6,234 6,543 6,872 7,212 7,574
46 6,387 6,710 7,041 7,394 7,765 Senior Engineer
47 6,545 6,874 7,219 .7,581 7,959
48 6,714 7,049 7,402 7,771 8,160
49 6,878 7,227 7,587 7,963 8,362
50 7,052 7,406 7,775 8,163 8,571
Item 8.o. - Page 52