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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 - . ~- ---- -- ---.-. ..- .. . .--...- -., - - -.- -- - - . ....-- - .. ,...'---'-" - ) ., . _. .- ) - ,,-.- -. -. -_... - ..~-- -_. - ..__ "'__.__ '0-' ____. .__ -....- ..--_.~- .. --' - ..- ...- -- '__"4~._ ___ h'_'_' ~- -,.- -.-..... ) - ,f.- .- } ~._----~- ~~-._-." ----._~-------- - _..__'__ _.._____.__ - .___.__ ____..__ __.____.. _. __.__n_____ -... .- . -' - -.-.. _.. ._.-_.. .. - .- ~ -_..~ - .... e .- - --------.---.- - - .. - ; - . 0--' '" __. _. .- ... _. .__ - 4 - , ""---- ......_-----_._....'_._-_..__.__..~---._---- ---_._-- \ ,