R 3105
.
I
.. RESOLUTION NO. 3105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ADOPTING A SALARY AND BENEFIT PROGRAM FOR
EMPLOYEES REPRESENTED BY LOCAL 817, SERVICE EMPLOYEES
- . INTERNATIONAL UNION, ARROYO GRANDE CHAPTER, FOR
EMPLOYEES REPRESENTED BY THE ARROYO GRANDE POLICE
I OFFICERS' ASSOCIA TION; AND FOR MANAGEMENT AND
l CONFIDENTIAL EMPLOYEES, AND REPEALING RESOLUTION NOS.
- --
2322, 2327, 2328, 2329, 2405 AND 2921 ON JULY 1, 1995.
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY
RESOL VE AS FOLLOWS:
WHEREAS, the City Council deems it to be in the best interest of the City of
Arroyo Grande and its various employees that compensation be fixed for all full-time
City employees as herein provided: and
WHEREAS, the City Council has established compensation and working
conditions through the meet and confer process with the designated employee
representatives as depleted In Exhibit" A", Memorandum of Understanding between
the City of Arroyo Grande and Local 817, Service Employees International Union,
Arroyo Grande Chapter; and Exhibit "B", Memorandum of Understanding between the
City of Arroyo Grande and the Arroyo Grande Police Officers' Association; and
WHEREAS, the City Council has established compensation for management and-
confidential employees as depicted in Exhibit "C";
NOW, THEREFORE, BE IT RESOLVED that the terms of this Resolution as
contained in Exhibits" A", "B", and "c" shall become effective July 1, 1995, and shall
apply as follows:
_.~
- Exhibit" A" - Fiscal Year 1995-96 and 1996-97;
- Exhibit "B" - Fiscal Year 1995-96, 1996-97, and 1997-98; and
- Exhibit "c" - Fiscal Year 1995-96.
BE IT FURTHER RESOLVED that this Resolution shall sUP!3rsede and repeal
Resolutions Nos. 2322, 2327, 2328, 2329, 2405 and 2921 which established salary
and benefits for full-time employees.
On motion of Council Member Souza , seconded by Council Member
Fuller , and on the following roll call vote, to wit: ·
A YES: Council MeInlJers Souza, Fuller, Lady, Brandy and Mayor Dougall
NOES: None
ABSENT: None
-
the foregoing Resolution was passed and adopted this 14th day of November,
1995.
:
--
A. K. "PETE" DOUGALL, MAYOR
ATTEST:
Y ATTORNEY
APPROVED AS TO CONTENT: .
KoWL~ fhi[;!
ROBERT L. HUNT; CITY MANAGER
-
I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury that the
foregoing Resolution No. 3105 is a true, full, and correct copy of said Resolution
passed and adopted a~ a regular meeting of said Council on the 14th day of .
November, 1995.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day
of December, 1995.
.'-f/~(l-~
NANCY DAVIS, CITY CLERK
RESOLUTION NO. 3105
EXHIBIT "C"
MANAGEMENT ICONFIDENTIAL EMPLOYEES
SALARIES AND BENEFITS
1995-96
A. Salaries
The following monthly salaries have been established for the designated
management and confidential employees:
Effective Effective
'-- Management Julv 1. 1995 Januarv 1. 1996
Police Chief $6,357 $6,357
Fire Chief $5,253 $5,516
Community Development Director $5,207 $5,467
Finance Director $4,622 $4,853
Parks & Recreation Director $4,553 $4,781
Police Commander $4,392 $4,612
Assistant City Engineer $4,095 $4,300
Chief Building Inspector $3,746 $3,933
City Clerk $3,427 $3,530
Confidential Emolovees
Executive Assistant -
.Clty Administration $2,821 $ 2,906
Confidential SecretarY - Police $2,710 $2,792
Clerk-Typist - Confidential $2,092 $2,259'
B. Benefits
The following employee benefits have been established for management and
confidential employees designated under Section A, above.
-- 1. The City will continue to pay the premiums for the designated HMO
Medical Insurance Program and Dental Insurance Program for the
employee and eligible dependents.
2. The City will continue to provide the designated retirement programs
contracted., through the California Public Employee Retirement System
(PERS) and will pay back the employee contribution to .the designated
plans.
a. PEAS 2 % @ 60 Miscellaneous - Non-Safety Employees
b. PERS 2% @ 55 Firefighter - Fire Chief
c. PERS 2 % @ 50 Law Enforcement - Police Chief
- Police Commander
RESOLUTION 00. 3105 .." .. ~ i,.
3. The City will continue to provide vacation leave, sick leave, holiday
leave, bereavement leave, and/or other leave, as designated in the City
Personnel Ordinances and Personnel Aegulations.
4. The City will continue to provide forty (40) hours of administrative leave
per fiscal year in lieu of paid overtime as provided in the City Personnel
Regulations.
5. The City will continue to provide an annual uniform allowance of
$700.00 each to management/confidential safety personnel. ,
-
-
.
"
I
OF
~
'iJ?~sc:~~1
1995/96 - 1996/97
(Two Year)
MEMORANDUM OF UNDERSTANDING
Between
SERVICE EMPLOYEES' INTERNATIONAL UNION
LOCAL 817
Arroyo Grande Chapter
and
CITY OF ARROYO GRANDE
J
TABLE OF CONTENTS
ARTICLE 1: TERM OF MEMORANDUM OF UNDERSTANDING . . . . . . . . . 1
ARTICLE 2: RECOGNITION . . . . . . . . . . . . . . . . . . . . 1
ARTICLE 3 : NONDISCRIMINATION . . . . . . . . . . . . . . . . . . 1
ARTICLE 4: UNION RIGHTS . . . . . . . . . . . . . . . . . . . . 2
4.1 Representation . . . . . . . . . . . . . . . . . . . . . . 2
4.2 Bulletin Board . . . . . . . . . . . . . . . . . . . . . . 2
4.3 Union Stewards . . . . . . . . . . . . . . . . . . . . . . 2
4.4 Dues Deduction . . . . . . . . . . . . . . . . . . . . . . 3
4.5 Use of City Facilities . . . . . . . . . . . . . . . . . . 5
4.6 Contracting Out . . . . . . . . . . . . . . . . . . . . . . 5
ARTICLE 5: GRIEVANCE PROCEDURE . . . . . . - . . . . . - . . . 5
ARTICLE 6: SAFETY . . . . . . . . . . . . . . . . . . . . . . . 9
6.1 Health Committee . . . . . . . . . . . . . . . . . - . . . 9
6.2 No Smoking . . . . . . . . . . . . . . . . . . . . . . . . 9
ARTIcLE 7. MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . . 9
ARTICLE 8. WAGES/INCREASES . . . . . . . . . . . . . . . . . . - 10
8.1 Advancement in Salary . . . . . . . . . . . . . . . . . . . 11
8.2 Paychecks . . . . . . . . . . . . . . . . . . . . . . . . . 12
8.3 Educational Pay . . . . . . . . . . . . . . . . . . . . . . 12
ARTICLE 9. NO STRIKE/NO LOCKOUT . . . . . . . . . . . . . . . . . 12
ARTICLE 10. SPECIAL PAY PRACTICES . . . . . . . . . . . . . . . . 12
10.1 Flex-Time Schedules . . . . . . . . . . . . . . . . . . . . 12
10.2 Use of Private Vehicle/Mileage Rate . . . . . . . . . . . . 13
10.3 Callback Pay . . . . . . . . . . . . . . . . . . . . . . . 13
10.4 Special Adjustments . . . . . . . . . . . . . . . . . . . . 13
10.5 Hours of Work & Overtime . . . . . . . . . . . . . . . . . . 14
10.6 Standby Pay . . . . . . . . . . . . . . . . . . . . . . . . 14
10.7 Rest Period and Breaks . . . . . . . . . . . . . . . . . . . 14
TABLE OF CONTENTS (continued)
ARTICLE 11. INSURANCE . . . . . . . . . . . . . . . . . . . . . 15
11.1 Medical Insurance Benefits . . . . . . . . . . . . . . . . 15
11.2 Vision Insurance . . . . . . . . . . . . . . . . . . . . . 15
11.3 Life Insurance Plan . . . . . . . . . . . . . . . . . . . . 15
11.4 State Disability Insurance . . . . . . . . . . . . . . . . 15
11.5 Dental Insurance Plan . . . . . . . . . . . . . . . . . . . 15
ARTICLE 12. HOLIDAY LEAVE . . . . . . . . . . . . . . . . . . . 16
ARTICLE 13. VACATION LEAVE . . . . . . . . . . . . . . . . . . . 16
ARTICLE 14. SICK LEAVE . . . . . . . . . . . . . . . . . . . . 18
14.1 Transfers . . . . . . . . . . . . . . . . . . . . . . . . 18
14.2 Bereavement Leave . . . . . . . . . . . . . . . . . . . . 18
14.3 Family Leave . . . . . . . . . . . . . . . . . . . . . . 19
ARTICLE 15. LEAVES OF ABSENCE . . . . . . . . . . . . . . . . . . 20
15.1 Medical Leave . . . . . . . . . . . . . . . . . . . . . . 20
15.2 Emergency Leave . . . . . . . . . . . . . . . . . . . . . 20
15.3 Jury Duty . . . . . . . . . . . . . . . . . . . . . . . . 20
15.4 Military Leave . . . . . . . . . . . . . . . . . . . . . . 20
ARTICLE 16. UNIFORM ALLOWANCE . . . . . . . . . . . . . . . . . . 21
16.1 Safety Shoes . . . . . . . . . . . . . . . . . . . . . . . 21
16.2 Safety Glasses . . . . . . . . . . . . . . . . . . . . . 21
ARTICLE 17. ;RETIREMENT . . . . . . . . . . . . . . . . . . . . . 21
17.1 P.E.R.S. Retirement Contribution . . . . . . . . . . . . . 21
ARTICLE 18. PROBATIONARY PERIOD . . . . . . . . . . . . . . . . 21
ARTICLE 19. PROMOTION . . . . . . . . . . . . . . . . . . . . - 22
ARTICLE 20. PROMOTIONAL OPPORTONITIES . . . . . . . . . . . . . . 22
ARTICLE 21. DEMOTION . . . . . . . . . . . . . . . . . . . . . . 24
ARTICLE 22. LAYOFFS . . . . . . . . . . . . . . . . . . . . . . 24
ARTICLE 23. PERSONNEL RECORDS . . . . . . . . . . . . . . . . . . 24
ARTICLE 24. RESIGNATION . . . . . . . . . . . . . . . . . . . . 25
TABLE OF CONTENTS (continued)
ARTICLE 25. OUTSIDE EMPLOYMENT . . . . . . . . . . . . . . . . . 25
ARTICLE 26. POSITION VACANCIES . . . . . . . . . . . . . . . . . 25
ARTICLE 27. POSITION CLASSIFICATION . . . . . . . . . . . . . . . 25
ARTICLE 28. BUDGET COMMITTEE . . . . . . . . . . . . . . . . . . 26
ARTICLE 29. SALARY/POSITION CLASSIFICATION STUDY . . . . . . . . 26
1995/96 - 1996/97
MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF ARROYO GRANDE
AND
LOCAL 817, 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 AGRBBMBNT, AS HERBIN SET FORTH, SUBMIT THIS MEMORANDUM 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 the date this M.O.U.
is signed by the Negotiations Committee Members of S.E.I.U.; until June 30,
1997, and thereafter shall continue from year to year. Either party may
request modification by March 15, 1997, in which event, meeting and
conferring shall begin no later than April 15, 1997.
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
The 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.x
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, sex preference,
color, national origin, age, disability, or political belief.
SEIU MOU 1
----. ---- -. ...- .-. ..---...,.. ....-.- r ~~U'_.~'~'_'_.~_.'#' _.~_.....' "#'~~".'." -.' .'. <., ... -..,. '.._'_. '''''''..'. ,.,~,.-,.,. "___"~""_"_"'~;"'_" ..4........._~.~~#,_,...~__..__.._,_.~._...._..."... .~.., _ '_'.' .._. ~_ ...._~__ _ ~.' ~_U~C~~~_~;;..,. .......____ "
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 R~resentation
With respect to the meet-and-confer process, three (3) Union
representati ves 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
payor 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
by the Union.
Union agrees that notices posted on City bulletin boards shall not
contain anything which may reasonably be construed as maligning the City
or its representatives.
~ 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
23) .
B. The Union shall provide the City Manager with a list of all
authorized Union stewards, and the list shall be kept current.
SEIU MOU 2
nnu_.__._....__H__.. _... -_.. --.- __..__,.._~______.u_ _____.....
.
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 23, 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 on a monthly basis.
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.
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.
SEIU MOU 3
. '... ........ .... .... " ,..... ... ._~_. .~___.., ._ ~ .L.., , , .. .,... .... ,.,....,. .... ,.. .~.. . .. , ...0.'.,......'.., _._....._. ..... .........~...;..;..~~....~~~~.-.,_.__.._. - .... . .,;~.....:..._;..,_._..~-".....--' ,. .... ~ .
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 contractual
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 Employment. 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.
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 Challenqe. If a petition is filed
with the City that requests an election rescinding agency
shop, and such petition contains signatures 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
SEIU MOU 4
,
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.
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.
~ Use of City Facilities
A. The Union may, with prior approval of the City Manager, be
granted the use of City facilities for 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.
~ Contracting Out
The City agrees to communicate with the Union upon request in regard to
the following matters:
1. Any proposed subcontracting of services that would result in
the elimination of unit member's job.
2. Changes in services that would result in the elimination of
unit member's job.
ARTICLE 5. GRIEVANCE PROCEDURE
Pu!:J;)ose :
A. This grievance procedure shall be the exclusive process to resolve
grievances as the term is defined below:
SEIU MOU 5
,
~. To resolve grievances informally at the lowest level.
2. To provide an orderly procedure for reviewing and resolving
grievances promptly.
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:
Bach party involved in a grievance shall act quickly so that the grievance
may be resolved promptly. Bvery 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 ~:
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 ~, a formal grievance may
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 (~) above,
the period in which to bring the grievance shall not be
extended by subsection (2) above.
SEIU MOU 6
C. A Step 2 grievance shall be initiated in writing on a form
prescribed by the City and shall be filed with the person(s)
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.
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 concurrence of the Union, within ten (10) working
days may submit the grievance to bi~ding arbitration. If any question
SEIU MOU 7
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 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.
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 be shared
equally by the City and the Union. All other expenses shall
be borne by the party incurring them, and neither party shall
be responsible for the expense of the witnesses called by 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
payor benefits for a reasonable amount of time.
E. Ei ther party may request an individual to make a wri t ten
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.
SEIU MOU 8
ARTICLE 6. SAFETY
~ Health Committee
A Health Committee shall be established for the purpose of
education and communication on benefit issues affecting City
employees. The committee shall be advisory in nature and shall not
constitute a part of the formal meet-and-confer process. There
shall be no more than two (2) representatives each from the Union
and the City. The parties will encourage other employee
organizations to participate on the committee. Initially, the
committee will study the implementation of a dental plan, a vision
care plan, and medical coverage for retirees.
~ No Smoking
The City of Arroyo Grande agrees to prohibit smoking inside City
facilities as required by State law.
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 employment
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;
SEIU MOU 9
- 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.
ARTICLE 8. WAGES/INCREASES
A. The S.E.I.U. represents the following employee classifications:
July 1, 1995
CLERICAL AND FISCAL SALARY RANGE
Accounting Supervisor 32
Administrative Secretary 23
Account Clerk II 23
Senior Clerk Typist 21
Account Clerk I 20
Intermediate Clerk Typist 19
Clerk Typist 17
PUBLIC WORKS. PARKS & RECREATION. AND COMMONITY DEVELOPMENT
Associate Planner (CUrrent/Long Range) 39
Public Works Supervisor 37
Engineering Assistant 36
Recreation Supervisor II 35
Park Maintenance Supervisor 35
Public Works Construction Inspector 34
Public Works Technician I 29
Supervisory Mechanic 32
Parks Maintenance Lead Worker 31
Water Services Worker 30
Recreation Supervisor I 29
Mechanic 29
Public Works Maintenance Worker III 28
Public Works Maintenance Worker II 25
Sports Facilities Maintenance Worker 25
Public Works Maintenance Worker I 23
Probation Worker 23
Building Maintenance Worker 21
B. Fiscal Year 1995-96
The City and the S.E.I.U. agree that all position classifications
represented by the Union as depicted in Section "A" of this Article
shall receive salaries as represented in the attached Exhibit "A" for
the period of July 1, 1995 through June 30, 1996.
SEIU MOU 10
This Agreement represents a 2.75% "Cost of Living Adjustment" for all
represented classifications.
C. Fiscal Year 1996-97
Exhibit "A" shall be adjusted to represent a "Cost of Living Adjustment"
beginning July 1, 1996. The Cost of Living Adjustment shall be based
upon 80% of the Los Angeles Area Consumer Price Index (CPI) as
calculated between May 1, 1995 and May 1, 1996. The minimum Cost of
Living Adjustment to be paid is 2% and the maximum to be paid is 4%.
lL..l Advancement in Salary
The salary range as set forth for each classification is divided into
five (5) steps, which 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 six (6) full calendar months of
satisfactory service in a classification, or at the 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 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
SEIU MOU 11
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.
lL.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.
The City will endeavor to initiate a program to allow for direct deposit
of employee paychecks during Fiscal Year 1995-96.
.8.....1 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 college or upon earning a special
license or certificate, deemed to be equivalent to an AA degree
in value to the City and an enhancement to the productivity of an
employee in his/her job, upon recommendation of the Department
Director and approval by the City Manager.
ARTICLE 9. NO STRIKE/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.
ARTICLE 10. SPECIAL PAY PRACTICES
JJL..l 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 changes in work place and hours and
provide the affected employees with reasonable notice of these changes.
SEID MOU 12
Hours may be altered to permit flex time.
.1JL...2.. Use of Private Vehicle/Mileage Rate
An employee 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.
.JJL..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 (1-1/2) overtime pay for all extra hours
worked, with a minimum call-out of two (2) hours.
1JL..i Special Pay Adjustments
A. The following personnel classifications shall receive salary range
adjustments as depicted below:
Existing
July 1, 1995 January 1, 1996 January 1, 1997
Sala:ry Range Salary Range Sala:ry Range
Accounting Supervisor 32 36 38
Associate Planner 39 40 41
Recreation Supervisor II 35 37 40
Supervisory Mechanic 32 34 35
Public Works
Supervisor 37 38 39
Parks Maintenance
Supervisor 37 38 39
Administrative
Secretary 23 23 25
Senior Clerk Typist 21 21 23
B. Range Adjustments
The designated range adjustment will be implemented on the affected
employee's first anniversary (hire) date occuring after the effective
date of the salary range adjustment. Increases due to range
adjustments require that the employee must have been rated
"competent/satisfactory" during his/her most recent performance
evaluation. An 'employee ,receiving a rating of less than
"competent/satisfactory" shall not receive a salary increase
resulting from a range adjustment until he/she achieves a
"comptent/ satisfactory" rating or higher on his/her next performance
evaluation.
SEIU MOU 13
~ Hours of Work and Overtime
The normal working schedule of full-time employees shall be eight (8)
hours per day 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 1/2) 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 ata maximum of eight (8) hours per day. Overtime
shall be computed at the nearest half (1/2) 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 1/2) 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 240 hours per employee. Upon
separation from employment, an employee is entitled to receive cash
compensation for any unused compensatory time.
JJL..2 Standby Pay
Standby duty ~s defined as that circumstance which requires an employee
so assigned to:
1. Be ready to respond immediately to a call for service; and
2. Be readily available at all hours by telephone.
An employee so assigned to standby duty shall receive $1.50 per hour, 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.
.l.O..a...Z 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
continuous performance of duties in order to protector preserve life or
property.
SEIU MOU 14
ARTICLE 11. INSURANCE
.u....J. Medical Insurance Benefits
For the term of the Agreement, the City agrees to make available a choice
between two (2) insurance programs:
A. The type of fee for service health insurance program in effect
upon date of this Agreement; or
B. Health Maintenance Organization (HMO) program, to include
dependent coverage.
The City agrees to provide full insurance premium equal to the composite
rate of the HMO (Health Maintenance Organization) .
.l.l..a2. Vision Insurance
The City shall provide a Vision Care Plan for bargaining unit members.
The City shall contribute up to six dollars ($6) per employee per month
toward the employee-only premium, and any additional cost will be the
responsibility of the employee.
J..l......3. Life Insurance Plan
City shall provide a group term life insurance benefit plan for
bargaining unit members, which shall provide for ten thousand dollars
($10,000) life coverage for employees only during the term of their
employment.
.lL.4 State Disability Insurance
The City shall provide State Disability Insurance, integrated with sick
leave. Premiums will be paid by employees for the program's first five
(5) years (beginning August 1985) .
li...2 Dental Insurance Plan
A. The City shall provide for all employees in classifications
represented in this Memorandum of Understanding a dental plan of the
City's choice. Effective July 1, 1990, the City shall increase its
contribution to pay one hundred percent (100%) of the cost of the
plan in effect at that time for the employee and his/her dependents.
(CUrrent dental plan is Delta Dental.)
SEIU MOU 15
ARTICLE 12. HOLIDAY LEAVE
The following days shall be paid holidays for employees:
a. Independence Day
b. Labor Day
c. Veterans' Day
d. Thanksgiving
e. Day following Thanksgiving
f. Christmas Bve, 1/2 day
g. Christmas
h. New Year's Bve, 1/2 day
i. New Year's Day
j . Martin Luther King Day
k. Lincoln's Birthday
1. President's Day
m. Memorial Day
n. One day of Employee choice with Supervisor approval (Floating
Holiday) .
o. Bvery 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. Bach eligible employee shall be required to have served the equivalent
of one 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. Bmployees 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.
SEre MOU 16
.
D. Vacation leave with pay shall be earned by employees in accordance
with the following schedule:
AFI'ER : 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
I 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 the maximum hours listed
below, dependent upon year of service as a regular full-time employee:
SEIU MOU 17
Years of Service Maximum Vacation Hours That
on any December 31st Can be Accrued on Januazy 1
1 - 2 80
3+ - 4 100
5+ - 7 120
8+ - 9 140
10+ - 14 160
15+ 200
J. In the event an employee's accrued vacation leave exceeds the maximum
allowable in Paragraph 1, the employee shall be paid at his/her
December 31st hourly wage rate for those hours accrued in excess of
the maximum allowable.
ARTICLE 14. SICK LEAVE
A. All full-time, permanent employees shall accrue one working day of
sick leave with pay for each month of service, with unlimited
accumulation. Upon retirement, an employee may choose to be paid for
50% of unused sick leave, to a maximum of 360 hours at his/her
current rate of pay, or designate all or a portion of the foregoing
entitlement to his/her P.E.R.S. retirement program. At the end of
each 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 on 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 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.
.lL..l 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.
14.2 Bereavement Leave
Permanent 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
SEIU MOU 18
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 granting leave for bereavement
purposes, the appointing authority may request verificatiort of the loss.
At the discretion of the appointing authority, such leave may be granted
because of the death of a mother-in-law and/or father-in-law.
M..J. 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 14.2,
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
12 months and have worked at least 1,250 hours during the 12-
month period preceding leave:
l. Up to 4 months (88 workdays) unpaid leave in a 24-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.
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.
SEIU MOU 19
ARTICLE 15. LEAVES OF ABSENCE
.l.5......J. 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 leave application to the City
Manager.
~ Emerqency 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 one (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 leave'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.
.l.5....J. Juzy 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 payor
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.
~ Militazy 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.
SEIU MOU 20
.
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:
Building Maintenance Person Mechanic
Construction Inspector Parks Foreperson
Public Works Supervisor Sports Facilities Maintenance Person
Leadperson Water Services Person
Maintenance Worker I, II, III
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.
~ Safety Shoes
During the term of this Agreement, the City shall pay to all unit
employees, as listed in Article 16, and to the classification of Building
Inspector, $125 per year toward the purchase of safety shoes. The safety
shoes must be worn during all hours where there is a need for such shoes
or as required by the Department Director or the City Safety Committee.
~ 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 P.E.R.S. Retirement Contributions
The City is a contracting agency with the Public Employees Retirement
System of the state of California, to which the City and the employees
both contribute. This is carried on in conjunction with Social Security.
Participation is mandatory for all full-time City employees. Retirement
at age 70 is required of all employees. The City shall pay on behalf of
each employee an amount equal to seven percent (7%) of that employee's
wages currently paid by the employer to his/her P. E. R. S. retirement
program.
ARTICLE 18. PROBATIONARY PERIOD
All original and promotional appointments shall be tentative and subject to
a probationary period of six (6) 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.
SEIU MOU 21
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 Manager, may release
a newly hired probationary employee from City employment without cause at any
time during the probationary 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.
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 identical step in the
higher range that the employee enjoyed in the class from which the employee
was promoted) the salary range of the new position, which would result in at
least a five percent (5%) increase in salary compared to the employee J 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 nonemployees. 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 six (6) 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.
ARTICLE 20. PROMOTIONAL OPPORTUNITIES
A. posting
Promotional opportunities for classifications within the
representation unit will be posted for at least ten (10) working days
(Monday through Friday) prior to selection.
B. 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
SEIU MOU 22
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:
1. Application: Both inside and outside candidates will make
applications on forms specified by the employing department.
Applications must be submitted to the employing department.
2. 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.
3 . Performance Testing: Performance tests, such as typing,
machinery or vehicle operation, skills demonstration, physical
agility, etc., will be qualifying. Pass/fail points will be
announced in advance for qualifying tests.
4. Written Tests: Written achievement or aptitude tests will be
qualifying. Pass/fail points will be announced in advance for
qualifying tests.
5. Interviews, Appraisals: Interviews may be conducted
individually or by interview boards and will be qualifying.
Interview boards shall be composed of qualified and unbiased
people. 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.
C. Recommended Candidates
Candidates who successfully complete all phases of the selection
procedure will be recommended to the Department Director and/or City
Manager.
D. Appointment
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.
SEIU MOU 23
ARTICLE 21. 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 22. 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.
Workers subject to a reduction in force shall be given at least thirty (30 )
working days' notice prior to the effective date of the layoff. The Union
shall receive concurrent notice and may be.granted an opportunity to meet and
consult with the City to discuss proposed alternatives to a reduction in
force.
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.
The order of layoff shall be as follows:
A. Temporary workers in inverse order of seniority (least first);
B. Permanent employees whose most recent annual evaluations were below
satisfactory in inverse order of seniority; and
C. Permanent employees in inverse order of seniority.
If a laid-off employee's position, or a similar position to which the City
determines the former employee is suited, becomes available within twelve
months of layoff, said former employee shall be recalled in the reverse order
of layoff. If a job in a lower classification becomes available and a former
employee is qualified in the judgment of the City, he/she may fill the slot
until his/her former position becomes available, if ever.
ARTICLE 23. 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 his/her
personnel file.
SEIU MOU 24
Personnel 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 24. 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 25. 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 26. POSITION VACANCIES
Should the City determine that a vacancy will not be filled, such
determination shall be made within 45 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 27. 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 t~e
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 budgeted
position on a temporary basis, wherein all significant duties are performed
by an individual holding a classification within a lower compensation range.
Pay for working out of classification shall be as follows:
A. Employees appointed to unfilled 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 appoi~ted 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 three (3) consecutive work days
of assignment in the acting position.
SEIU MOU 25
The step within the range of the higher classification will be the
step at which the employee would be paid if permanently appointed to
that classification.
"Out of classification" provisions do not apply to work assignments
performed in connection with specific predetermined apprenticeship
or training programs or declared conditions of emergency and/or
disaster.
ARTICLE 28. BUDGET COMMITTEE
The City shall provide to the Union the right to have an observer present
during all departmental budget sessions and will provide release time and pay
for such duty during normal working hours. The Union observer shall be
determined by the Union membership and be provided to the City.
ARTICLE 29. SALARY/POSITION CLASSIFICATION STUDY
Subject to the appropriation of funds, the City will proceed with a
salary/position classification study. This study will be conducted by an
outside party and the results shall be submitted to the Union.
SEIU MOU 26
.
REPRESENTATIVES OF CITY REPRESENTATIVES OF ARROYO
OF ARROYO GRANDE GRANDE CHAPTER S.E.I.U.
LOCAL 817
DATE: November 14, 1995 Q November 14, 1995
t~t:JL. f{~
- si2 "'-_
ROBERT L. HUNT WILL HIRST --
CITY MANAGER S . E . I . U. FIELD REPRESENTATIVE
ti;J:oP~ ~~
ICK TerB SANDI FORD
CITY NEGOTIATOR S.E.I.U. FIELD REPRESENTATIVE
~~~-
DOUG IN '
S.E.I.U. NEGOTIATOR
~
. S.E.I.U. NEGOTIATOR
~~/~ e ~
ROBERT CRUZ ~
S.E.I.U. NEGOTIATOR
SEIU MOU 27
(~ EXHIBIT "A"
(
CITY OF ARROYO GRANDE
- SCHEDULE OF SALARY RANGES - ._ _W'.___"__'>_"___
RANGE A B C D E S. E. I. U.
- o 11 1 .458 1 ,53'1 1,607 1 , 688 i , 772
1995 - 96
---_._----~-,-- -,.
-.-.
o 12 1 ,494 '1 ,569 i , 648 1 , 730 1,817
----.. - ---. _. .-.... - ,-- ~-. - - ---.'- ".-.- .-..-.......--.-- - - ..- --.-."". _._--,- - . ~..~ ---. . ".' _._..._.. . n. ______..._.._...._.__'"_~_..
-- o 13 1 ,531 i ,607 i , 688 i , -172 1 ,861
:
_.
,..,
-:-:----0 ---'~-t75.6-9 -1-;-6-48 1030----r;-a-1-~--1-;907
-.
o 15 1 ,607 1 , 688 i,,772 1 ,86 i i ,954
_m'.__ _.... -.. ~~.- -. .--
o 16 1,648 1 ,730 1 ,817 1 ,907 2,003
-- - --------.-
.. () i 7 1 , 688 1.,772
-_.. 1, 86'1 1.954 2..052
(
o is 1 , 730 - . 1 ,817 1,907 2,003 2, 1-03 ...~--- -..-..
-- o i 9 1,772 1..861 1,954 2,052
2, 1 54
-_.._--~---_#
, o 20 1 ..817 1 ,907 2,003 2,103 2,2<,:)8
~'.'- -".- ~_. . --- _." .- -,. -'- -- .----.,--..
( --- o 21 1,861 1 ,954 2,052 2, 154 2,262
..
-
,.
<122 "'-, . . ... "'- , r(13 ~r;2-e-8 z-;- ~t8
--
-..
i... -
o 23 1,954 2,052 2..154 2,262 2..3"75
- . .~. '. - -.. - - ....'-". ,_. _.- .- --- . -.-.- _h._.. , _._~_._. .~ _ ___. __.'_.. ._,____+,.q.._._ ____
(, .- o 24 2,003 2, 1 03 2,208 2,318 2,434
--
- o 25 2,052 2, 154 2,262 2_.375 2,.494
-
--~ . ..--- 0--26- -.. 2, i 03 2~ 208 . - -2,31"8 2,434 2 , 556 - --- ~ "--,.. --.'- - -, -- .-
o 27 2,154 2...._262 2,375 2,494 2,618
_.---~_.- -.-.
o 28 2,208 2,318 2,434 2,556 2,684
._-_..-._--. ~ -,,--". ~ .. -~------ ._,- -- ._._--,~.-._._-_. ._-- .~_.--.-...- ..~ --- , --.,-.-- ._ d- .- - __".__._____ . '___'0"_'_'_
o 29 2/262 2,375 2,494 2,618 2,749
-
)-"'
0---:3'(:) .:.,~f8 .:. , 43'4 I. c-c--' 2,oa-4----z;-a-,a--
",-,.J.JO
..-.--
___~. __ ~__ ;:5~_______ _..2,.~1..7_~____'u.__2_'_49_4_________ 2,Jd 8 ___ _____~,' ]~_?. __ _ 2_'u?_~L__. ___ _.___.___ _._u_. ..___
-
- o 32 2 ,434 2,556 2,684 2,818 2,959
5 '
.-.
-- o 33 2,494 2,618 2,749 2,887 3,031
-
;:-------- --0-34-----.-2~- 556- .---.- 2,-684 .----2,81'8 --- .'-Z,959 - '-3; f07---- -..-- -------------
-
V ,::5
-
~~-. 0_35 2.618 2.749 2.887 _:l.031 3.t83
'.
(
r ,EXHIBIT tlA'. (Page )
S.E.I.U. 1995-96
"
;
CITY OF ARROYO GRANDE
--- SCHEDULE OF SALARY RANGES .. --..._....._-~--
RANGE A B C D E
-
o 36 2,684 2,818 2,959 _~..Lt~]__~L~.9;:L-
-
-
_.. o 37 2,749 2..887 3,031 3 , 1 83 3,342
. -~ ~ -._- -- --_......... -- -.--... . '- .--~ --.._--. -"-- -.. .'- . .-.. .. _.__,,_. .'_'0 -- ,-.., ----~.-
-- o 38 2,818 2,959 3,107 3,262 3,425
--
- o 39 2"~887--"3'"~0.3"'r-~f8:r-- .) .. 3~Z__---_:r;-S09-. -
i
\
o 40 2,959 3,107 3,262 3,425 3,597
.. -.-,..---
( o 41 3..031 3,183 3,342 3,509 3,684
_ _~_.~____.._.__._____w__ -_._---,._-_._~.....--_.._-------
- o 42 3..107 3,262 3,425 3,597 3,776
(
o 43 .. 3 , 1 83 3,342 3,509 3/684 3/869 .-.,.- --
( _.
~_ ..____ __ _.Q.. 44 3 I. Z.6.2____..~.J_4..~__JJ__Q97__....__._:L.J7 ~______.:~_,-'~g~5__.. --------
( o 45 3,342 3,509 3,684 3,869 4,062
... --, .-- -~ - -".- .._-~._-
: ( o 46 3,425 3..597 3/776 3,.965 4,164
-
.-
"'
~--047 3 , 5"09 3 , 68"4 3,809 4~62 4-;-T6-S-
.,--
\.
o 48 3..597 3/776 3..965 4,.164 4,372 ~_. -.><
(. o 49 3,684 3,869 4,062 4,265 4,478
-- ------- --
,.,-'
- o 50 3..776 3.965 4/164 4,372 4,590
(
051 -----. 3,869 -4-;-062 '.- - 4 ~-265 4,478 4,702
t -.
~~ _ _________9_5.2 . _~.2.9~ 4 ,.J.~4___4_...~74 -4/_5_?J>_ ____A,_S2Q._ ___ _______._______
\~ o 53 4,062 4,265 4,478 4,702 4,937
-~.~- --. --.- . .._"'~._--
( o 54 4,164 4/372 4/590 4,820 5/061
..-
.....;
-----0-'55 4,265 4, 4-r8--~70-:1-'4;937---$~n:r4
-
_.
.-. .~_..- ...._._0 ..56__ _. _ __..A ,__372-.________A ,590 ___ _4/820_.. __5} 06'1 _..... ....... 5, 31 4 ..._ ____ _ .,,_ __ __.....___.___ .-
i '.. -- o 57 4,478 4,702 4,937 5 , t 84 5,443
3
_. _._---~---_..-.,-------- .._-"-----~ -,._-_.__._----------~_._~----_.._~-
- o 58 4,590 4.820 5,061 5,3t4 5,580
--.
_. -- -----0- 59 ---- '4~-702 - - -- '---4,937 ..... 5';184 -5"; 443 -5/716" ~ ._-~ -......-..-.-,-- ..._..~--_..--------_."_.
\ --.
, 06~ 4-1.J32~ 5.~6J 5. 3B_---51 sae 5~59
"-
C
OF
~
'W~~~~~~t
1995/96 - 1997/98
(Three Year)
MEMORANDUM OF UNDERSTANDING
Between
ARROYO GRANDE POLICE OFFICERS' ASSOCIATION
and
CITY OF ARROYO GRANDE
1995/96 - 1997/98
A.G.P.O.A./CITY OF ARROYO GRANDE
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
ARTICLE SUBJECT PAGE
1. TERM OF MEMORANDUM OF UNDERSTANDING . . . . . . . . . . 1
2. SALARY SCHEDULES . . . . . . . . . .. . . . . . . . . . 1
3. APPLICATION OF SALARY STEPS . . . . . . . . . . . . . . 2
4. ADVANCEMENT IN PAY . . .. .. .. .. .. .. .. .. .. .. . . . . . . 3
5. . SPECIALTY PAY . . . . . . . .. .. .. .. .. .. .. .. . . . . . . 4
6. MEDICAL INSURANCE PREMIUMS .. .. .. .. .. . . . . . . . . . 4
7. VACATION LEAVE . . . . .. .. .. .. .. .. .. .. .. .. . . . . . . 4
8. HOLIDAY LEAVE . . . . . .. .. - .. .. .. .. .. .. .. . . . . . . 5
9. SICK LEAVE . . . . . . . .. .. .. .. .. .. .. .. .. . . . . . . 6
10. BEREAVEMENT LEAVE . . . .. .. .. .. .. .. .. .. .. .. . . . . . . 7
11. FAMILY LEAVE . . . . . .. .. .. .. .. .. .. .. .. .. . . . . . . 7
12. MILITARY LEAVE . . . .. . .. .. .. . .. .. . . . . . . . . . 7
13. EDUCATIONAL PAY. . . . . . ........ . . . . . . 8
14. MEDICAL LEAVE . . . . . . .. .. .. .. .. .. . . . . . . . . . 8
15. EMERGENCY LEAVE . . . .. .. .. ..... .. .. .. .. .. .. . . . . . . 8
16. . JURY DUTY . . . . . . .. .. .. .. .. .. .. .. .. .. .. . . . . . . 9
17. HOURS OF WORK AND OVERTIME .. .. .. .. .. . . . . . . . . . 9
18. CALLBACK PAY . . . . .. .. .. .. .. .. .. .. .. .. .. .. . . . . 10
19. UNIFORM AND EQUIPMENT ALLOWANCE . . . . . . . . . . . . 10
20. PAYCHECKS . . . . . . . .. .. .. .. .. .. .. . . . . . . . . . 10
21. PAYROLL DEDUCTIONS . . .. .. .. .. .. .. .. .. .. .. . . . . . . 10
22. ANNIVERSARY DATES . . . . . .. .. .. .. .. .. .. .. . . . . . . 11
23. USE OF PRIVATE VEHICLE/MILEAGE RATE . . . . . . . . . . 11
24. PERSONNEL FILES . . . . .. .. .. .. .. .. .. .. .. .. . . . . . . 11
25. PROBATIONARY PERIOD. .. .. .. .. .. .. .. .. .. .. .. .. . . . . . 11
26. RESIGNATION . . . . . . .. .. .. .. .. .. .. .. .. .. . . . . . . 12
27. TRANSFERS . . . . . . . ....... . . . . . . . . . 12
28. PROMOTION . . . . . . . . .. .. .. .. .. .. .. .. .. . . . . . . 12
29. TEMPORARY PROMOTIONS . .. .. .. .. .. .. .. .. .. . . . . . . . 12
30. DEMOTION . . . . . . . .. .. .. .. .. .. .. .. . . . . . . . . 13
31. LAYOFF '. . . . . . . . .. .. .. .. .. .. .. .. .. .. .. . . . . . 13
32. GRIEVANCE PROCEDURE . . .. ... .. .. .. .. .. .. .. .. . . . . . . 13
33. MANAGEMENT RIGHTS . . . .. .. .. .. .. .. .. .. .. .. . . . . . . 16
34. EDUCATION . . . . . . . .. .. .. .. .. .. .. .. .. . . . . . . . 17
35. NIGHT DIFFERENTIAL PAY .. .. .. .. .. .. .. .. .. .. . . . . . . 17
36. STANDBY STATUS . . . . .. .. .. .. .. .. .. .. .. .. . . . . . . 17
37. ASSOCIATION ACTIVITIES .. .. .. .. .. .. .. .. .. .. . . . . . . 18
38. ASSOCIATION ACCESS TO WORK LOCATIONS .. .. .. .. . . . . . 18
39. ASSOCIATION USE OF CITY FACILITIES .. .. .. .. . . . . . . 19
40. ASSOCIATION MEET AND CONFER REPRESENTATION . . . . . . 19
41. NO STRIKE/NO LOCKOUT . .. .. .. .. .. .. .. .. .. .. .. .. . . . . 19
42. NONDISCRIMINATION . . . .. .. .. .. .. .. .. .. .. . . . . . . . 19
43. OUTSIDE EMPLOYMENT . .. .. .. .. .. .. .. .. .. .. .. .. .. . . . . 19
44. RETIREMENT . . . . . . .. .. .. .. .. . . . . . . . . . . . 19
45. RETIREMENT BENEFITS . . . . . . . . . . . . . . . . . . 20
46. DENTAL PLAN . . . . . . . . . . . . . . . . . . . . . . 20
47. LIFE INSURANCE . . . . . . . . . . . . . . . . . . . . 20
48. VISION PLAN . . . . . . . . . . . . . . . . . . . . . 20
49. M.O.U. IMPLEMENTATION . . . . . . . . . . . . . . . . . 20'
50. SUPPORT SERVICES TECHNICIAN . . . . . . . . . . . . . 20
51. MAINTENANCE OF BENEFITS . . . . . . . . . . . . . . . . 21
MEMORANDUM OF UNDERSTANDING BETNEBN THE
REPRESENTATIVES OF THE CITY OF ARROYO GRANDE AND
THE ARROYO GRANDE POLICE OFFICERS I ASSOCIATION
ARTICLE 1. TERM OF MEMORANDUM OF UNDERSTANDING
The term of Memorandum of Und~rstanding shall be from July 1,
1995, through June 30, 1998 ( three years) . Meet and confer
sessions for Fiscal Year 1998/99 shall commence no later than March
15, 1998.
ARTICLE 2. SALARY SCHEDULES
A. Fiscal Year 1995-96
The City and the Police Association agree that all position
classifications represented by the Association, as listed below,
shall receive salaries as represented in the attached exhibit "A"
for the period July 1, 1995, through June 30, 1996. This Agreement
represents a 2.7% "Cost of Living" adjustment for all represented
.classifications, and the stated adjustment in salary
classifications as depicted below:
JULY 1, 1995 MARCH 1, 1996
CLASSIFICATION SALARY RANGE SALARY RANGE
Police Sergeant 36 37
Police Officer I 32 33
police Officer II 29 30
Community Services Officer 25 26
Support Services Technician 20 21
B. Fiscal Year 1996-97
Exhibit "A" shall be adjusted to represent a "Cost of Living
Adjustment" as calculated in Subsection D. of this Section.
Additionally, salary classifications shall be adjusted as
follows:
JULY 1, 1996 OCTOBER 1, 1996 MARCH 1, 1997
M".ASSIFICATION SALARY RANGE SALARY RANGE SALARY RANGE
Police Sergeant 37 38 39
Police Officer I 33 34 35
Police Officer II 30 31 32
Community
Services Officer 26 27 27*
Support Services
Technician 21 22 23
*No range adjustment is scheduled for this classification on
March 1, 1997.
AGPOA MOU 1995/1998 1
C. Fiscal Year 1997-98
Exhibit "A" shall be adjusted to represent a "Cost of Living
Adjustment" as calculated in Subsection D. of this Section.
Additionally, salary classifications shall be adjusted as follows:
JULY 1, 1997 OCTOBER 1, 1997
CLASSIFICATION SALARY RANGE SALARY RANGE
Police Sergeant 39 40
Police Officer I 35 36
Police Officer'II 32 33
Community Services Officer 27 27*
Support Services Technician 23 23*
*No range adjustments are scheduled for these classifications
on October 1, 1997.
D. Cost of Living Adjustments
Cost of Living Adjustments (COLA) for the Fiscal Years 1996-
97 and 1997-98 shall be based upon 80% of the Los Angeles area
Consumer Price Index (CPI) as calculated between May 1, 1995 to May
1, 1996, and May 1, 1996 to May 1, 1997 respectively. Theminimum
COLA to be paid each year is 2% and the maximum COLA to be paid
each year is 4%.
E. Range Adjustments
Increases due to range adjustments depicted in Subsections A,
B, and C of this Section require that the employee must have been
rated n competent" during his/her most recent performance
evaluation. An employee rated "unsatisfactory" shall not receive
a salary increase resulting from a range adjustment until achieving
a "competent n rating or higher on his/her next performance
evaluation.
ARTICLE 3. APPLICATION OF SALARY STEPS
All employees entering the permanent, full-time employ of the
City shall be paid at the first step of the salary range, unless
otherwise determined by the Police Chief and City Manager,
established for his/her position classification. Salary step
increases, as provided herein, are not automatic but are based on
performance and merit. Employees shall be placed on the step
designated by the City Manager for initial full-time permanent
employment and qualify for increase in compensation or advancement
to the next higher step of his/her salary range in the following
manner:
AGPOA MOU 1995/1998 2
Non-sworn police employees may qualify for advancement to the
second or next step, after completion of six months' service, upon
the recommendation of the Police Chief and approval of the City
Manager. For sworn police officers, a one-year period of service
is required.
Employees may qualify for advancement to the third or
next step, after the completion of one year of service in his/her
second step, upon recommendation of the Police Chief and approval
by the City Manager.
Employees may qualify for advancement to the fourth or
next step, after the completion of one year of service at his/her
third step, upon recommendation of the Police Chief and approval
by the City Manager.
Employees may qualify for advancement to the fifth or
next step, after completion of one year of service in his/her
fourth step, upon recommendation of the Police Chief and approval
by the City Manager.
A performance report on each . employee recommended for
advancement shall be submitted to the City Manager by the Police
Chief prior to final action on such recommendation.
ARTICLE 4. ADVANCEMENT IN PAY
The salary range as set forth for each classification is
divided into five (5) steps, which shall be interpreted and applied
as follows:
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 six (6) or twelve
(~2) (depending upon sworn status) full calendar months of
satisfactory service in a classification and not prior to the
completion of a probationary period. The adjustment shall be made
only if granted by the Police Chief and subject to the approval Qf
the City Manager.
C. The third step shall be granted to an employee who
has given satisfactory service in a given classification for one
( ~) full additional year from granting of previous step increase
only if granted by the Police Chief and subject to the approval of
the City Manager.
AGPOA MOU 1995/1998 3
D. The fourth step shall be granted to an employee who
has given satisfactory service for one (1) full additional year by
the Police Chief and with the approval of the City Manager.
E. The fifth step shall be granted to an employee who
has given satisfactory service for one (1) full additional year by
the Police Chief and with the approval of the City Manager.
An employee must always continue to maintain an acceptable
level of performance and shall be evaluated by the Police Chief
annually.
ARTICLE 5. SPECIALTY PAY
In addition to the base rate of pay, determined under this
MOU, employees engaged in specialty assignments shall receive a
Specialty Pay of an additional 5% of base salary. The Specialty
pay is to be included in all computation of overtime or other
benefits. Specialty assignment shall be defined as "an employee
who is designated to train another employee pursuant to a P.O.S.T.-
approved entry/promotional on-site training program (commonly
referred to as a Field Training Program) . " The designated trainer
shall be paid the Specialty Pay when assigned to and working with
a trainee.
ARTICLE 6. MEDICAL INSURANCE PREMIUMS
The City shall pay the monthly medical plan insurance premiums
for each employee and all of his/her eligible dependents
participating in the medical plans availab.le to the City, up to the
Health Maintenance Organization (HMO) plan composite rate level
assessed by the insurer.
ARTICLE 7. VACATION LEAVE
A. The purpose of annual vacation leave is to enable
each eligible employee to annually return to his/her work mentally
and physically refreshed. Employees shall take a minimum of eighty
(80) vacation-hours' leave per year after the first year of
service.
B. Each eligible employee shall be required to have
served the equivalent of one (1) year of continuous service with
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 forty (40) working hours with his/her supervisor's
approval.
C. Employees who terminate employment shall be paid at
termination; and upon return of all City-owned property, if any,
a lump sum for all accrued vacation leave earned prior to the date
of termination.
AGPOA MOO 1995/1998 4
D. . Vacation leave with pay shall be earned in accordance
with the following schedule:
1 yr. 80 hours 6.67 hrs. per mo.
2 96 8.00
3 104 8.67
4 112 9.34
5 120 10.00
6 120 10.00
7 128 10.67
8 128 10.67
9 136 11.34
10 136 11.34
11 144 12.00
12 144 12.00
13 152 12.67
14 152 12.67
15 160 13.34
E. Employees may accrue vacation leave up to the maximum
hours listed below, dependent upon years of service as a regular
full-time employee: .
Years of Service Maximum Vacation Hours That
On January 1st Can be Accrued on January 1st
1 - 5 80
5+ - 10 120
10+ - 15 160
15+ 200
F. In the event an employee's accrued vacation leave
exceeds the maximum allowed, the employee shall be paid at his/her
January 1st hourly wage rate for those hours accrued in excess of
the maximum allowable. Exception to this paragraph may be approved
by the Police Chief upon employee request.
ARTICLE 8. HOLIDAY LEAVE
A. Shift/Operations Employees
1. Employees will be provided eight (8) hours of pay per
month in lieu of holiday leave or shall be granted one (1) work day
per calendar month for a holiday. Such monthly holiday shall be
designated on the employee's work schedule.
2 . Employees shall also receive an additional twelve
(12) hours of leave per year, which may be granted as time off or
as straight-time pay during December. Such pay shall be paid on
the first pay day in December.
AGPOA MOU 1995/1998 5
.
B. Administrative Employees
The following days shall be paid holidays for Police
Department employees assigned to non-shift administrative support
duties:
~. Independence Day
2 . Labor Day
3 . Veterans' Day
4. Thanksgiving
5. Day following Thanksgiving
6. Christmas Eve, ~/2 day
7 . Christmas
8. New Year's Eve, ~/2 day
9 . New Year's Day
~O. Martin Luther King Day
~1. Lincoln's Birthday
~2 . President's Day
13. Memorial Day
~4. One and one-half days per Fiscal Year of the
employee's choice with Supervisor approval
(Floating Holiday)
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.
C. Special Holidays
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 shall be a City-
paid holiday.
ARTICLE 9. SICK LEAVE
All full-time, permanent employees shall accrue eight (8) hours
of sick leave, with pay, for each month of service, with unlimited
accumulation. Upon retirement an employee may choose to be paid
for 50% of unused sick leave, to a maximum of 360 hours at his/her
current rate of pay. On December ~st of each year, an employee has
the option of being paid straight time for 25% of his/her unused
sick leave for the preceding twelve months, transferring the 25%
credit to vacation or leaving the 25% credit in sick leave.
AGPOA MOU ~995/1998 6
.
ARTICLE 10. BEREAVEMENT LEAVE
A five- (5) day leave with pay shall be available to employees
who suffer the death of a relative (def ined as: spouse, parent,
child, sister, brother, grandparent or grandchild, aunt, uncle, the
corresponding relative by marriage, or any other person residing
in the same household) for the purpose of attending the funeral and
making other arrangements at the time the loss occurs. This leave
is not chargeable against accrued sick or vacation leave.
ARTICLE 11. FAMILY LEAVE
Pursuant to the State and Federal Leave Acts, the following is
provided for all employees who have been employed a minimum of 12
months and have worked at least 1,250 hours during the 12-month
period preceding leave:
1. Up to 4 months (88 workdays) unpaid leave in a 24-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.
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.
ARTICLE 12. MILITARY LEAVE
Employees taking military leave with the National Guard or
Reserves shall be entitled to full City pay and benefits as
required by State statute.
All military leave in excess of thirty (30) calendar days per
year, if granted by the City, shall be without City payor City-
paid benefits and shall be for a period not to exceed forty-eight
(48 ) working days per calendar year. The employer may retain
his/her City benefits, such as medical. insurance, by paying all
premiums. The City may elect to replace the employee in his/her
AGPOA MOU199S/1998 7
.
position in the event employee takes more than forty-eight (48)
working days per calendar year.
ARTICLE 13. EDUCATIONAL PAY
A. All unit employees may qualify for a two and one-half
percent (2 ~/2%) salary increase above their position classified
range upon receipt of a two-year degree, in a field relative to
their police job classification, from an accredited junior college
or college or Intermediate P.O.S.T. Certificate, upon approval of
the Police Chief and City Manager.
B. All unit employees may qualify for a five percent (5%)
salary increase above their position classified range upon receipt
of a four-year degree, in a field relative to their police job
classification, from an accredited college or Advanced P.D.S.T.
Certificate, upon approval of the Police Chief and City Manager.
C. Exceptions: When position classifications require an
Associated Arts or Bachelor of Science/Bachelor of Arts Degree, no
educational pay shall be paid to an employee holding such a
position. No A.A. or B.A./B.S. degrees will be requested by the
City for current positions represented by A.G.P.O.A. unless
otherwise agreed through the meet-and-confer process.
ARTICLE 14. 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 the Police Chief
and City Manager, subject to submission of medical evidence
satisfactory to establishing the employee's medical need.
ARTICLE 15. EMBRGENCY LEAVE
Emergency leave without pay may be granted to any permanent
employee who, upon written request to the police Chief and City
Manager, demonstrates that the leave is necessary for personal
reasons or will serve to improve his/her abilities. Emergency
leaves may be granted up to a maximum of one (1) year. Upon
expiration of an approved emergency leave, the employee shall be
reinstated in the position held at the time leave was granted.
Failure on the part of the employee on leave to report promptly
upon leave expiration shall be cause for discharge. In the event
that a disagreement arises as to whether or not such emergency
leave will be granted, the matter will be moved to expedited
hearings under the grievance procedure. During the period that an
employee is on emergency leave, he/she shall be entitled to
continue his/her insurance coverage with the City, as if pursuant
to the provisions of COBRA, at his/her own expense.
AGPOA MOU 1995/1998 8
.
ARTICLE 16. JURY DUTY
Employees shall be granted leave with full pay and no loss in
benefits, when called for jury duty, if the employee remits to the
City any and all jury fees for such jury duty. It is understood
that the employee may retain any travel pay granted by the court.
The employee shall be responsible for notifying his/her supervisor
as soon ~s possibl~ 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
innnediately following the end of jury duty service.
ARTICLE 17. HOURS OF WORK AND OVERTIME
A. The normal work schedule for full-time employees shall
be eight (8) hours per day or forty (40) hours per week. However,
upon written agreement between the City and the Association, an
al ternati ve work schedule may be implemented to meet the work
requirements of the Police Department. Any such alternative work
schedule must include eighty (80) scheduled work hours per two- (2)
week period (bi-weekly). The City reserves the right to revert to
the normal work schedule described herein should working
conditions, staffing, and/or workload so require (as determined by
the Police Chief) .
B. Overtime shall be paid at the rate of one and one-
half (1 & l/2) times the employee's regular base hourly rate of pay
for: (1) authorized time worked on the day of an assigned shift
that is in excess of the designated number of hours for that
workshift, or (2) authorized time worked beyond forty (40) hours
per week or, in the event of an alternative work schedule, eighty
(80) hours bi-weekly. Time worked for purposes of computing the
standard work period for purposes of this paragraph shall include
holidays, sick leave, paid vacation, bereavement leave, and
compensatory time-off and shall be calculated at a maximum of eight
(8) hours per day or, in the event of an alternative work schedule,
the maximum time designated for a workday for that work schedule.
Unpaid time-off shall not be used for computing time worked.
Overtime shall be computed at the nearest quarter (l/4) hour.
Unless otherwise stated in this Memorandum of Understanding,
overtime shall be paid only for actual time worked.
C. 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 (l & l/2) hours fo~ each hour of
overtime worked. Compensatory time off shall be taken at the
option of the employee with the consent of the immediate supervisor
and Police Chief. The limit for accrued compensatory time off is
480 hours. Upon separation from employment, an employee is
entitled to receive cash compensation for any unused compensatory
time.
AGPOA MOU 1995/1998 9
ARTICLE J.8. CALLBACK PAY
Callback is defined as "the circumstance that requires 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. & 1./2)
overtime pay for all extra hours worked, with a minimum of two (2)
hours.
ARTICLE J.9. UNIFORM AND EQUIPMENT ALLOWANCE
The City shall provide cash allowances of $700 annually to the
employees required by the Police Chief to wear a uniform selected
by the City. One-half of such allowance shall be paid in July of
each year for the period July through December of the same calendar
year. The remaining half of such allowance shall be provided by
the City during January for the period January through June of the
same calendar year. The uniform allowance will be paid on the
first Friday of the month due.
Such allowances shall be used by the employee to replace,
maintain, repair, and clean all designated uniform garments, hats,
caps, shoes, leatherwear, and ornamentation.
Upon the hiring of a Police Department employee, the City will
provide applicable safety equipment and initial uniforms and
ancillary equipment as specified by police Department policy. The
City will provide replacement safety equipment as necessary,
'including, but not limited to: firearms, impact weapons, chemical
irritants, restraining devices, ballistic vests, helmets, and
inclement weather clothing.
ARTICLE 20. PAYCHECKS
The City will pay regular checks on a bi-weekly basis. The
paychecks will be provided to the Police Department for
distribution to employees by 3:00 p.m. the day prior to the
designated payday. However, no such check may be deposited into
a financial institution to be recorded by the issuing bank prior
to the date of 'the designated payday.
The City will proceed with due diligence to provide automatic
deposit service for employee paychecks during Fiscal Year 1.995-
96. Upon implementation of such service, the City will deposit the
paycheck of an employee utilizing automatic deposit on the day of
the designated payday.
ARTICLE 2J.. PAYROLL DEDUCTIONS
Requests for changes in and cancellation of Association dues
shall be promptly processed by the Association and put into effect
by the City at the employee's request. Deductions for dues shall
be made twice monthly by the City and remitted to the Association
AGPOA MOU 1.995/1.998 J.O
monthly. Requests for deductions shall be made on City-approved
authorization cards.
The Association agrees to indemnify and hold the City harmless
from any liabilities that may arise as a result of the application
of this article.
ARTICLE 22. ANNIVERSARY DATES
All current employee anniversary dates shall be as contained
in the current City records. All employees hired after this date
shall have an anniversary date the same as date of hire.
ARTICLE 23. USE OF PRIVATE VEHICLE/MILEAGE RATE
No worker shall be required as a condition of obtaining or
continuing City employment, to possess or provide a private vehicle
for use in connection with his/her City employment. The City shall
reimburse employees at the rate established by the City Council for
use of personal vehicles when such employees agree to such use upon
stated request of the City. Transportation to and from work shall
not be reimbursed.
ARTICLE 24. PERSONNEL FILES
An employee or his designee may inspect his/her personnel file
and obtain copies of any and all items in that file at employee
expense. A copy of all materials placed in an employee's personnel
file shall be provided to the employee upon the employee 1 s request.
The 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 his/her personnel file.
ARTICLE 25. PROBATIONARY PERIOD
All appointments shall be tentative and subject to a
probationary period of twelve (12) months. The Police Chief, with
consent of the City Manager, may extend the probationary period for
specified cause(s) that shall be provided in writing to an
employee. All probationary employees who are being placed on an
extended probationary period shall be given written notice of the
extension prior to the expiration of their probationary period.
In the event no such notice is given, the employee shall be
considered to have successfully completed his/her probationary
period. All entry level Police Department personnel hired after
July 1, 1994, shall satisfactorily complete a twelve (12) month
probationary period. All Police Department personnel who receive
a promotion after July 1, 1994, shall satisfactorily complete a
twelve (12) month probationary period. This provision shall not
apply to reclassifications. An employee who is in a position that
is reclassified shall not be required to complete an additional
probationary period. 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 a new employee to his or her position, and
for rejecting any probationary employee whose performance does not
AGPOA MOU 1995/1998 11
meet the required standards of work. The Police Chief, with the
consent of the City Manager, may release the probationary employee
from City employment without cause at any time during the
probationary period.
ARTICLE 26. 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 reason 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 27. TRANSFERS
Transfer of an employee to a position within the employee's
current range shall not affect the employee's salary range.
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 28. PROMOTION
Transfer of an employee to a higher range shall result in an
increase in salary. The employee's salary shall be placed in the
identical step in the higher range that the employee enjoyed in the
class from which the employee was promoted. Promotion of an
employee may be made by the Police Chief, 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 over all non-employees. All current
employees shall be given consideration for a position opening that
will be filled by promotion. Employees may only apply for
promotion, if they meet the minimum requirements for the position
to which they wish to be promoted, on the date the announcement
closes. In the event the promoted party is removed during the
probationary period from the position to which promoted, the
employee shall not be considered demoted but shall be returned to
the range from which promoted. No changes in step shall occur as
a result of an employee passing the promoted position probationary
period. A promoted employee shall retain his or her anniversary
date held prior to promotion.
ARTICLE 29. TEMPORARY PROMOTIONS
The Police Chief may temporarily promote an employee only after
entering into a written agreement of the terms of such temporary
promotion with the employee.
AGPOA MOU 1.995/1.998 1.2
ARTICLE 30. 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, which shall be provided to the
employee in writing by the Police Chief 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 31. LAYOFF
Whenever, in the judgement of the City, it becomes necessary
to make a reduction in force, said reduction whenever possible
shall be accomplished through attrition.
Workers subject to a reduction in force shall be given at least
thirty (30) working days' notice prior to the effective date of the
layoff. The Association shall receive concurrent notice and may
be granted an opportunity to meet and. consult with the City to
discuss the proposed alternatives to a reduction in force.
When one or more workers performing in the same class in the
Police Department are to face a reduction in force, the Police
Chief and an A.G.P.O.A. representative shall confer on the basis
on which personnel shall be selected for layoff.
If a laid-off employee's position, or a similar position to
which the City determines the former employee is suited, becomes
available within nine (9) months of layoff, said former employee
shall be recalled. If the job in a lower classification becomes
available and a former employee is qualified in the judgement of
the City, he/she may be rehired in the lower classification's
position opening.
ARTICLE 32. GRIEVANCE PROCEDURE
Purpose:
A. This grievance procedure shall be the exclusive process
to resolve grievances as the term is defined herein below:
B. The purposes of this procedure are:
1. To resolve grievances informally at the lowest
level; and
2. To provide an orderly procedure for reviewing and
resolving grievances promptly.
AGPOA MOU 1995/1998 13
Definitions:
A. Grievance means "a complaint by an employee concerning
the interpretation or application of the provisions of this
Agreement 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
su~ervisor means nthe individual so designated by the Police Chief
who assigns, reviews, and directs the work of an employee. II
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; but 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 itmnediate supervisor. Within
seven (7) days, the itmnediate supervisor shall give his/her
decision or response.
Step 2
A. If the grievance is not informally resol ved to the
satisfaction of the grievant in Step 1, a formal grievance may be
initiated. A formal grievance must be initiated no later than:
1. Thirty (30) days after the event of circumstances
occasioning the grievance; or
2. Within seven (7) calendar days of the Step 1
decision rendered- in the informal grievance procedure, whichever
is the latter.
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) above.
C. A Step 2 grievance shall be initiated in writing on a
form prescribed by the City and shall be filed with the person
designated by the Police Chief as the first level of appeal. The
employee may be represented by a representative of his/her choice.
D. The grievant shall cite the specific provision(s) of
the then currently effective Memorandum of Understanding,
ordinance, resolution, or written rule claimed to have been
violated, set forth the facts that purportedly constitute such
violation, and the specific remedy sought.
AGPOA MOU J.995/J.998 J.4
E. Within seven (7) days after the initiation of the Step
2.grievance, the first level of appeal person 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) days to the Police Chief or his/her designated
representative. The employee may be represented by a
representative of his/her choice.
B. The Police Chief or his designated representative shall
respond in writing within seven (7) days to the grievant. If the
Police Chief or his/her designated representative determines it is
desirable, he/she shall hold a conference(s) or otherwise
investigate the matter.
Step 4
A. If the grievant is not satisfied with the decision
rendered pursuant to Step 3, he/she may appeal .the decision within
seven (7) days to the City Manager. The employee may be
represented by a representative of his/her choice.
Step 5
A. If the grievant is not satisfied with the decision
rendered pursuant to Step 4, he/she may, within seven (7) days,
invoke the right to have the grieyance resolved by binding
arbitration.
B. If the notice from the employee requesting arbitration
is endorsed by an authorized Association representative, the
Association will bear fifty percent (50%) of the cost of the
services of the arbitrator. If the notice is not so endorsed by
the Association's representative, then the employee must bear half
the cost of the arbitrator. The City shall be responsible for the
remaining fifty percent (50%) of the cost for the services of the
arbitrator.
C. The Association's representative and the City Manager,
or his representative, shall meet to select a single, qualified,
impartial, local arbitrator; but they may agree to use the services
of a state agency or arbitration service if a mutually acceptable
local arbitrator is unavailable or if both parties are unable to
agree upon an acceptable local arbitrator.
D. The arbitration shall be convened as soon as is
possible after the notice, and the decision of the arbitrator shall
be final and binding on all concerned parties.
AGPOA MOU 1995/1998 15
.
ARTICLE 33. MANAGEMENT RIGHTS
The City retains all its exclusive rights and authority under
State law and City ordinances 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 services;
.
---determine the procedures and standards of selection for
employment 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 style 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/or change the nurilber of locations,
relocations, and types of operations, processes, and materials to
be used in carrying out all City functions, incl uding but not
limited to the right to contract for or subcontract any work,
labor, services, or operations of the City;
---assign work to and schedule employees in accordance wi th
requirements as determined by the City and to establish and change
work schedules and assignments upon reasonable notice;
---establish and modify productivity and performance programs
and standards;
---discharge, suspend, demote, reprimand, withhold salary
increases and benefits, or otherwise discipline employees in
accordance with applicable law.
AGPOA MOU 1995/1998 16
The Association recognizes that the City has, and will continue
to retain whether exercised or not, the unilateral and exclusive
right to operate, administer, and manage its municipal services and
work force performing those services in all respects, subject to
this Memorandum of Understanding; provided, however, that the
exercise of such rights does not preclude employees or their
representatives from conferring or raising grievance about the
practical consequences that decisions on these matters may have on
wages, hours, and other terms and conditions of employment.
Nothing in this Management Rights clause modifies the scope of
representation defined on the Meyers-Milias-Brown Act.
ARTICLE 34. EDUCATION
The City shall pay tuition and book fees for all classes
leading to an undergraduate or graduate degree in a job-related
field at an accredited school/college for all unit employees. Upon
approval of the Police Chief, reimbursement for educational costs
may be granted for employees participating in non-collegiate job-
related continuing education/training courses/programs. Payments
must be approved by the Police Chief in advance.
ARTICLE 35. NIGHT DIFFERENTIAL PAY
The City shall pay $.50 (50 cents) per hour additional wages
for each hour worked in a shift that begins at or after 2:00 p.m.
Shifts beginning at or after 5: 00 a.m. shall be considered day
shifts and will not be subject to the differential.
ARTICLE 36. STANDBY STATUS
A. When placed on "emergency standby" by the Police Chief,
or his designee, police employees will be granted one-eighth (l/8)
of an hour overtime pay for each hour while on "emergency standby."
An employee will be given a minimum of one-half (l/2) hour overtime
when placed on "emergency standby..n "Emergency standby" is the
condition in which the employee is innnediately available by
telephone or pager to respond to the station for duty.
B. Police employees subpoenaed to appear in court outside
their regularly scheduled working hours will be granted four (4 )
hours minimum overtime for a morning or afternoon appearance and
eight (8) hours minimum overtime if their appearance is required
in both the morning and afternoon of the same day. If subpoenaed
to appear on off-duty hours and notice of cancellation of the
subpoena is received prior to twenty-four (24) hours of the time
for appearance, no overtime will apply; however, if notice of the
cancellation is received within the twenty-four (24) hours prior
to the time for appearance, the employee will be granted two (2)
hours minimum of overtime.
AGPOA MOU 1.995/1.998 1.7
.
ARTICLE 37. ASSOCIATION ACTIVITIES
A. The Association shall provide the Police Chief and City
Manager with a list of all authorized A.G.P.O.A. representatives,
and the list shall be kept current.
B. An employee and/or his/her A.G.P.O.A. representative
may, when and to the extent necessary, take official City time
wi thout loss of compensation in order to participate in the
investigation and processing of a grievance, as provided for in
this M. O. U., upon notification and approval of the immediate
supervisor or his/her designee.
C. The Police Chief and City Manager will approve one
employee and/or A.G.P.O.A. representative to take 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. It is
understood that the employee and/or A.G.P.O.A. representative shall
make every reasonable effort to perform any of the above activities
on off-duty time.
ARTICLE 38. ASSOCIATION ACCESS TO WORK LOCATIONS
A. The City agrees that the authorized A. G . P .0 . A.
representative shall be granted access to work location (s) to
participate in investigation and processing of grievances per the
grievance procedure of the M. 0 . U. or to observe working condi tions,
upon approval of the Police Chief and City Manager, when to the
extent necessary.
B. The Association shall provide the Police Chief and City
Manager with a list of all authorized A.G.P.O.A. representatives,
and the list shall be kept current by the Association.
C. Upon notification and approval of the City Manager or
his/her designee, an authorized A.G.P.O.A. staff member is
permitted to communicate with the employee(s) and/or A.G.P.O.A.
representatives on official City time without said employee (s)
'and/or A.G.P.O.A. representatives' loss of compensation. It is not
the intent of this section to allow general Association meetings
on City time but, rather, to allow investigation and discussion of
working conditions, grievances, and safety issues.
D. It is understood that every reasonable effort shall be
made to perform the above activities on off-duty time.
AGPOA MOU 1995/1998 18
. .
ARTICLE 39. ASSOCIATION USE OF CITY FACILITIES
A. The Association may, with prior approval of the City
Manager, be granted the use of City facilities for meetings of
Association members, provided space is available. No use fee will
be charged.
B. The City agrees to furnish bulletin board space of
reasonable size for posting of A.G.P.O.A. materials.
ARTICLE 40. ASSOCIATION MEET AND CONFERREPRBSENTATION
Three (3) A.G.P.O.A. representatives shall constitute the
maximum number of employees for meet-and-confer sessions with City
representatives on City time during representatives working hours
for the purpose of meeting and conferring in good faith without
loss of payor any benefits.
ARTICLE 41. NO STRIKE/NO LOCKOUT
The Association agrees that during the term of Memorandum of
Understanding, neither the Association or the employees it
represents will engage in, encourage, sanction, support, or suggest
any strikes. The employer agrees that it will not lockout any of
its employees during the term of this Memorandum of Understanding.
ARTICLE 42. NONDISCRIMINATION
The City shall pursue a policy of affirmative action, equal
opportunity, and equal promotional opportunity for all workers in
accordance with applicable law.
No Association member shall be discriminated against by the
City because of his/her efforts in carrying out this Memorandum of
Understanding or because of political, religious, union or nonunion
affiliation of belief, race, color, age, sex, national origin,
handicap, marital or military status, or sexual preference; nor
shall any members of the Association discriminate against any
employee or official of the City based upon the foregoing reasons.
ARTICLE 43. OUTSIDE EMPLOYMENT
No full-time employees shall engage in outside employment or
an enterprise that the Police Chief may find unsuitable and in
conflict with municipal duties or responsibilities or that lessens
their effectiveness as a City employee.
ARTICLE 44. RETIREMENT
The City is a contracting agency with the Public Employees'
Retirement System of the State of California, to which the City and
the employees both contribute. This is carried on in conjunction
AGPOA MOU 1.995/1.998 1.9
with Social Security. Participation is mandatory for all full-
time City employees.
ARTICLE 45. RETIREMENT BENEFITS
A. The P.E.R.S. Public Safety Officer 2% at Age 50
Retirement Plan is provided for sworn personnel, with the City
paying back to each sworn employee an amount equal to the 9%
deduction from the sworn employee's paycheck for P.E.R.S.
retirement.
B. The P.E.R.S. 2% at Age 60 Retirement Plan is provided
for non-sworn personnel, with the City paying back to each non-
sworn employee an amount equal to the 7% deduction from the non-
sworn employee's paycheck for P.E.R.S. retirement.
ARTICLE 46. DENTAL PLAN
The City will pay the full dental plan insurance premiums for
each employee and all of his/her eligible dependents for a dental
plan of the City's choice.
ARTICLE 47. LIFE INSURANCE
Beginning July 1, 1997, the City shall provide a $40,000 Term
Life Insurance POlicy to each employee, full cost for said policy
to be paid by the City.
ARTICLE 48. VISION PLAN
Beginning July 1, 1997, the City shall provide a Vision Plan
to each employee and all of his/her eligible dependents, full cost
for said Vision Plan to be paid by the City.
ARTICLE 49. M.O. U . IMPLEMENTATION
Both parties agree that the terms of this Memorandum of
Understanding supersede provisions of all other practices,
Memorandum of Understanding, resolution, and rules of the City that
conflict with provisions of this Agreement.
ARTICLE 50. SUPPORT SERVICES TECHNICIAN
Employees currently classified as Clerk Typist II (Police) and
Police Dispatcher shall be reclassified to the classification of
Support Services Technician. Employees under this classification
will remain in their present assignments for a minimum of five (5)
years, from July 1, 1994, unless an employee vOluntar,ily agrees to
assume another assignment within this classification and such
transfer is approved by the Police Chief.
AGPOA MOU 1.995/1998 20
.
ARTICLE 51.. MAINTENANCE OF BENEFITS
All benefits enjoyed by unit employees as of July 1,1995, 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.
Exhibit "A, II is attached and incorporated as part of this
Memorandum of Understanding.
REPRESENTATIVES OF REPRESENTATIVES OF ARROYO GRANDE
CITY OF ARROYO GRANDE POLICE OFFICERS' ASSOCIATION
KfJL"'-fL. 7t~ ~
ROBERT L. HUNT
CITY MANAGER PRESIDENT & NEGOTIATOR, A. G. P . O. A.
,~Ry W;;~ U~
RICK TerBORCH STEVE ANDREWS
CITY NEGOTIATOR NEGOTIATOR, A.G.P.O.A.
DATE: November 14, 1995 DATE: November 14, 1995
AGPOA HOU 1.995/1.998 21
EXHIBIT · A n
,
CITY OF ARROYO GRANDE
, .. - ------- --- SCHEDULE OF SALARY RANGES'-- - -'.---p --. .- -- - ---.- ..-
") -- RANGE ABC D E A.G.P.O.A.
:-:- 1 1 1 1 ,584 1 ,663 1 ,746 _ 1 ,833 1 ,925 1995---=-96__
S) -..~ 1 1 2 1 ,623 1 , 704 1 , 790 1 ,879 1 ,973
- --- - ....-.- - ... - ". -.--.---- _.... --- - -'..- -.._-_.-.... -". - ._- -..-- .. --....--.- - -- .._. . .. - - ""--- ---- . ----.. - -- -- - -----_.._-..~- _. .-.... .--.--..
~-).- 113 1,663 1,746 1,833 1,925 2,021
.".0 .__
_ ,-1-4 1-;70'4 C790 r-;-879 1;"973 2-;-072
.) --
1 15 m_ 1 ,746 1 ,833 1 ,925 2,021 2,122 o-
J _ 1 i 6 1 , 790 1 ,879 1 ,973 2,072 2, 1 75
- ..-------
...:. 1 17 ~ 83- ~ 9'")C" '") 0'")1 '") 1'")'") '") '")'")8
.-.., . _ I, ~ I I ~ ,J ..:.. I 4- ..:... I 4-":" ... I ..:.. A-
i i 8 1 ,879 1,973 2; 072 2,175 2,284-'--
.") -:.
~ --
:.~___-L-1..9 1 1925 ~ 0:?i..-.___2.J 1 42 2...l-4..~_a. 2-L:,340 ---'__
) ::~ 1 20 1 ,973 2,072 2, 175 2,284 2 J 398
_ . .. ___ _ . ___ _. __ __ . . __ __ _____. _ ~ __ _ ._u. ._.. __ ___
- 1 '") 1 '") 0'") 1 '") ~ '")'") '") '")'")8 '") 340 '") 4""7
:-J ~ ..:.. ~ I .a:- .;,. I I..:...:. .:.. } 4:,.":'" ..:... I .:. I ~
"_. 1:.:!:.:! .:!.., 072 .:!.. J 1 (':J .:!.., 28"4- :.:!-;-398 .:!..-;-sT8
)
1 23 __ 2, 1 22 2,228 2 J 340 2..457 2,580 __
J _~ 1 24 2,175 2,284 2,398 2,518 2,644
.
.----------.-..- "----" ------
) .::: 1 25 2,228 2,340 2,457 2, 580 2, 709
-'--- 126--- 2,284- 2,398 2;518 2,644 2,776------
~} "-'
... '-
~_______._L_~_7 2~ ~~~ ._2L4;0:___2_J 580_ _...2 ,309____________2 ,J34~.___ __._______________H. ____ _
J-' 128 2,398 2,518 2,644 2,776 2,915
__ __. _ ___ .. _. ..._ ___ _ .__n.. _._ _ _._ __ _
) __ 1 29 2,457 2,580 2, 709 2,844 2,986
.-~---1--3~---2~T8----2~o-44---2;77 6----2 ,-9 f5---3~0-6-1--------------
~
::1 __
n_ __.... __.. 1...9_1.____ _ 2,58.0 __ __ .2,709 .. __ .. 2, 844_ ___2 J 986 .. ___3 J.,1 36..____._ ___~ .
3- 1 32 2,644 2,776 2,915 3,061 3,214
---- - ----------.------.-- -- .-----.-
J) -- i 33 2 I 709 2, 844 2, 986 3, 1 36 3, 292
1-34-' 2,776 2,915 3,e61 3,214 3,375'-- --.'.
110-
'1-
_______ __..1_ _3,::;.__2,,8A~__2J_9_86_. __3 Jj 36__ _____3 J_292__ _.___ 3 J_~57____.__ ________ __..__
}
EXHIBIT "A" (Page 2)
. ~A.G.P.O.A. 1995-96
\
CITY OF ARROYO GRANDE
_.. . - . ._~ .-"- ,- -_..-- ... ..- - - -, -- "---SCHEDULE - OF SALARY RANGES' ._.._ _h._ --. -- ~._'-- -.
.. ) -- RANGE A B C D E
- 1 36 2,915 3,061 3,214 3,375 3,543
)- 1 37 2,986 3,136 3,292 3,457 3,630
.-
..-. . ~. ~._-..-._- _.,'~'- --.-"------------.- ---'-" ---.._. -~.' .._--.- ..-- ... . ._-" .~_.,_.- - .--.----.....-.---- -."
..) :- i 38 3,061 3,214 3,375 3,543 3,720
--
1 '39 371"'36 37292 3-;-457 3-;-o30-~3-;-B 1;
") --:-
1 40 3,214 3,375 3,543 3,720 3,906
... ..--- - _.- ._- '". . - . -- - . --- .... -.- --
! 1 41 3,292 3,457 3,630 3,811 4,002
,
----
~ 1 42 3,375 3,543 3,720 3,907 4,102
-.)-
_.-.-..' 1 43 - 3,457 - 3, 630 3,.811- '- - "--'4,.002- .-. 4,202 . -- --- ---.- .. ..._.. -'. .
~'} .-.
.- 1 44 3,543 3,720 3,907 4,102 4,307
.- .
- -
.--
') -:-; 1 45 3,630 3,811 . 4,002 4,202 4,412
-
-- - ---. -----. -_. --. -. . - ---'----' ._-- '.._-- -- .. .~_....--'_.-. -" _.- - ---- ._.. _. __.. . ._. - __,n_._.... . ...__...._... ______
) 1 46 3,720 3,906 4,102 4,307 4,522
.-
~. 4,20'2 . 4 -;0"3'3
....,. 1 47 3-;131 1 47002 4, 41"'2
j
~
1 48 3,907 4,102 4,307 4,522 4..748
.._-- ... ---- --. -""-. .. ""'-" .. -- .-- -. -. -.. ..-. ...- .- _.
-} - ~ 1 49 4,002 4,202 4,412 4,633 4,864
J --
--- --
) .: 1 50 4,102 4..307 4..522 4,748 4..986
-
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) .,
. _.
.-
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- ,,-.- -. -. -_... - ..~-- -_. - ..__ "'__.__ '0-' ____. .__ -....- ..--_.~- .. --' - ..- ...- -- '__"4~._ ___ h'_'_' ~- -,.- -.-.....
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