CITY OF SAN MATEO SAN MATEO MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING

Transcription

1 CITY OF SAN MATEO AND SAN MATEO MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING EFFECTIVE: August 13, 2006 April 18, 2009

2 MANAGEMENT UNIT MOU TABLE OF CONTENTS 1.0 RECOGNITION CONFIDENTIAL EMPLOYEE DEFINED MANAGEMENT ASSOCIATION POSITION ASSIGNMENT MANAGEMENT ASSOCIATION RIGHTS PROBATIONARY PERIOD LIMITED DURATION POSITIONS SALARY SALARY ON INITIAL APPOINTMENT SALARY ADVANCEMENT WITHIN RANGE SALARY ADVANCEMENT REVIEW SALARY ON PROMOTION SALARY ON DEMOTION SALARY ON TRANSFER SALARY ON CLASSIFICATION CHANGE SALARY ON MILITARY LEAVE CLASSIFICATION AND COMPENSATION REVIEW IMPLEMENTATION SPECIAL PAY BILINGUAL PAY ACTING PAY ON CALL PAY EDUCATIONAL INCENTIVE PAY - SAFETY PERSONNEL Fire Personnel - Educational Incentive Pay: Police Safety Personnel No separate education pay WATER QUALITY SHIFT DIFFERENTIAL SALARY ADJUSTMENT PERFORMANCE BASED COMPENSATION INCREASES MARKET PLACEMENT AND COMPENSATION SURVEY Survey Methodology TEAM RECOGNITION PAY ABOVE MARKET MEDIAN PAY COMPENSATION INCREASES DURING THE TERM OF THIS AGREEMENT CONTROL POINT SYSTEM FOR STRATEGIC MANAGERS Generally Control Point System Limitation of Appeal and Grievance Rights OVERTIME DEFINITION FOR EXEMPT EMPLOYEES DEFINITIONS FOR NON-EXEMPT EMPLOYEES...9

3 8.2.1 Regular Overtime Emergency Overtime Overtime Rate OVERTIME MINIMUM ADVANCE OVERTIME AUTHORIZATION ADMINISTRATIVE LEAVE IN LIEU OF OVEERTIME/NON-EXEMPT EMPLOYEES ADMINISTRATIVE LEAVE/EXEMPT PERSONNEL Maximum Balance/Additional Hours No Deductions Less than Four Hours ACCRUAL OF VACATION, SICK LEAVE AND HOLIDAY LEAVE DAILY HOUR VALUE CONTINUOUS SERVICE PAID TIME OFF IMPACT UNPAID TIME OFF IMPACT HOLIDAYS HOLIDAYS TO BE OBSERVED WEEKEND HOLIDAY OBSERVANCE WORK ON HOLIDAY HOLIDAY FACTOR HOLIDAY ON VACATION EMPLOYEE OPTION TO WORK ON HOLIDAY MAXIMUM ACCUMULATION VACATION VACATION POLICY VACATION LEAVE VACATION LEAVE ACCRUAL VACATION SCHEDULING VACATION LEAVE MAXIMUM VACATION PAY ADVANCE VACATION ACCRUAL FOR PART-TIME EMPLOYEES VACATION PAY AT SEPARATION VACATION LEAVE SELL BACK SICK LEAVE PURPOSE SICK LEAVE ACCRUAL DOCTOR'S CERTIFICATION SICK LEAVE PAYOUT SERVICE OR DISABILITY RETIREMENT SEVERENCE PAY FAMILY SICK LEAVE BEREAVEMENT LEAVE EXTENDED SICK LEAVE DISABILITY LEAVE PURPOSE...16 Management Assn. MOU

4 15.2 DISABILITY LEAVE AUTHORIZATION NON-SAFETY DISABILITY LEAVE TIME NON-SAFETY SUPPLEMENTAL SICK LEAVE TIME ADDITIONAL DISABILITY COMPENSATION WORKERS COMPENSATION COVERAGE AMERICANS WITH DISABILITIES ACT FAMILY CARE LEAVE JURY LEAVE MILITARY LEAVE LEAVE OF ABSENCE WITHOUT PAY DISCIPLINARY PROCEDURES DISCIPLINARY ACTION DEFINITION WEINGARTEN RIGHTS NOTICE OF DISCIPLINARY ACTION APPEALS Time for appeal Notice of Appeal, Contents Setting Hearing Date Findings and Conclusions Discipline Prior to Hearing GRIEVANCE AND APPEAL PROCEDURES PURPOSE GRIEVANCE DEFINITIONS A Grievance B Supervisor C Party D Working Day INFORMAL DISCUSSION FORMAL GRIEVANCE - STEP ONE FORMAL GRIEVANCE - STEP TWO PERSONNEL BOARD - STEP THREE TIME GENERAL EXCLUSIONS LAYOFF LAYOFF PROCEDURE SENIORITY FOR SERVICE CREDITING SENIORITY FOR LAYOFF PURPOSES BUMPING RIGHTS MUTUALLY AGREED UPON TRANSFER SEVERANCE PACKAGE SALARY IN EVENT OF CHANGE DUE TO LAYOFF NOTICE OF LAYOFF EFFECTIVE DATE OF LAYOFF APPEAL RECALL AND REINSTATEMENT...26 Management Assn. MOU

5 22.12 MEET AND CONFER CERTIFICATION/OPEN RECRUITMENT POLICE AND FIRE REEMPLOYMENT HEALTH AND WELFARE BENEFITS HEALTH INSURANCE LIFE INSURANCE AD&D INSURANCE DENTAL INSURANCE POOL MONEY A 25.5.B OPTIONAL POOL MONEY FOR CURRENT MERIT EMPLOYEES...29 OPTIONAL POOL MONEY FOR CURRENT MERIT EMPLOYEES ON OR AFTER OCTOBER 1, LONG TERM DISABILITY INSURANCE VISION INSURANCE CAFETERIA PLAN RETIREMENT BENEFITS CALPERS RETIREMENT PROVISIONS EMPLOYER PAID MEMBER CONTRIBUTION (EPMC) DEFERRED COMPENSATION FOR SAFETY MANAGERS DEFERRED COMPENSATION FOR MEMBERS OF THE BARGAINING UNIT MISCELLANEOUS PROVISIONS DEFENSE OF POLICE OFFICERS MILEAGE ALLOWANCE UNIFORM ALLOWANCE DAMAGE REIMBURSEMENT PROFESSIONAL DUES PERSONNEL FILES RELEASE OF INFORMATION ACCESS AND CONTENTS LETTERS OF REPRIMAND PERFORMANCE EVALUATIONS AND LETTERS OF REPRIMAND SEPARABILITY OF PROVISIONS TERM OF MOU...33 SIGNATURES...34 EXHIBIT A NON-EXEMPT POSITIONS (AS DEFINED BY SECTION 8.2)...35 EXHIBIT B CONFIDENTIAL EMPLOYEES IN UNIT (AS DEFINED BY SECTION 1.1)...36 EXHIBIT C BENEFIT SUMMARY SHEET...37 MANAGEMENT UNIT INDEX...39 SIDELETTER CLASSIFICATIONS ELIMINATED FROM UNIT...41 SIDELETTER - RHS PLAN REVISED TO INCLUDE DONATION OF DISCRETIONARY LEAVE...42 Management Assn. MOU

6 SIDELETTER MEET & CONFER ON BENCHMARKS...43 SIDELETTER - FIRE SAFETY GRANTED ADDITIONAL 40 HRS. OF ADMIN. LV...44 SIDELETTER - FLAT RATE VS. OVERTIME FOR FIRE BATTALION CHIEFS...45 SIDELETTER FIRE BATTALION CHIEFS RECEIVE TRAINING STIPENDS...46 SIDELETTER RESOLUTION FOR PURCHASE OF PEACE CORPS TIME AND ELIGIBILITY FOR PURCHASE OF SERVICE CREDIT PRE-TAX...47 Management Assn. MOU

7 This Memorandum of Understanding constitutes the result of meeting and conferring in good faith in accordance with provisions of Chapter 10, Division 4, Title I, of the Government Code of the State of California. Modifications to existing wages, hours and conditions of employment set forth below have been agreed to by the signatories to this Memorandum for implementation, for all employees represented by the Management Association hereafter called Association. This Memorandum of Understanding shall remain in full force and effect upon the ratification of the members of the Association and approval of the City Council of the City of San Mateo. The Agreement of the parties is outlined in the Memorandum of Understanding which follows. APPROVING AND ADOPTING COMPENSATION PLAN FOR MANAGEMENT ASSOCIATION AND CERTAIN UNREPRESENTED MERIT SYSTEM EMPLOYEES August 13, 2006 April 18, 2009 RESOLVED, by the Council of the City of San Mateo, California, that: WHEREAS, some benefits for Management Association and certain unrepresented Merit System employees are to be fixed by resolution pursuant to Sec (Ordinance No ) of the San Mateo Municipal Code, 1971 Edition; and WHEREAS, the City representatives have met and conferred upon the benefits for the Management Association with the duly appointed representatives of the San Mateo City Management Association; and WHEREAS, it appears that certain adjustments should be made on such benefits; and WHEREAS, the City of San Mateo and the San Mateo City Management Association have agreed to a Memorandum of Understanding covering salaries and certain monetary benefits effective August 13, April 18, 2009, and WHEREAS, as the members of the Management Association are largely responsible for carrying out the will of the City Council and the Citizens of San Mateo, it is advisable to grant them authority and discretion to discharge these responsibilities; NOW, THEREFORE, IT IS HEREBY DETERMINED and ORDERED, that: Additional benefits and policies applying to the Management Association for the period effective August 13, April 18, 2009, shall be as follows: 1

8 1.0 RECOGNITION The City recognizes the Management Association as the recognized employee organization representing those merit system classifications listed in Exhibit A; as added to, or subtracted from, by formal action of the City Council creating or abolishing merit system classifications. Those classifications which consist of non-confidential employees who meet the following criteria for merit system management employees shall be assigned to the Management Association: A. Any merit system employee having significant responsibilities for formulating and administering City policies and programs and B. Any merit system employee having authority to exercise independent judgment and effectively recommend the hiring, transferring, suspending, promoting, discharging, assigning, rewarding, or disciplining of other employees, or having the responsibility to direct them or adjust their grievances. Those confidential employees who meet the following criteria for merit system management employees shall be assigned to the Management Association: 1.1 Confidential Employee Defined A Confidential Employee is any merit system employee who is privy to decisions of City management affecting employer/employee relations. Confidential employees are listed in Appendix A of the MOU. Confidential employees are not precluded from participating in employee association activities except that Confidential Employees employed in the City s Labor Relations and /or Human Resources are precluded from representing the Association in labor negotiations. 1.2 Management Association Position Assignment Before any position is assigned to the Management Association a salary survey and proposed specification will be submitted to the Management Association for review. 1.3 Management Association Rights The Management Association shall have all of the rights and privileges established by applicable State or Federal law for such employees, including those rights and privileges provided under Government Code Sections For purposes of identification, this Association shall be titled the Management Association. 2.0 PROBATIONARY PERIOD The probationary period is the length of time required for an employee to become proficient in their position and for the Department Head to adequately judge the proficiency. Recognizing 2

9 that individuals and positions vary, the standard probationary period for all positions shall be twelve (12) months but may be shortened or lengthened by up to six (6) months depending on the proven proficiency of the probationer and with the concurrence of the Department Head. 3.0 LIMITED DURATION POSITIONS The City may hire employees in limited duration positions (non-permanent positions) that will not exceed three (3) years for any of the following reasons: (1) where the position is created for a project(s) or work that is expected to be completed within three (3) years; (2) where the position is funded by grant funds of three (3) or less years in duration; or (3) where the position is funded by moneys from capital or enterprise funds that may be unavailable after three (3) years. Employees shall be informed of the duration of the position at the time of employment. At the end of the position s duration, employment shall terminate and the employee shall not have layoff rights, bumping rights, severance payments or reemployment rights. This provision shall supersede Personnel Rule Sections 1 (13) and (24). Should an employee who was originally hired to fill a limited duration position be later appointed to a permanent merit position, his/her hire date will be that date that service began in the limited duration position. 4.0 SALARY Compensation is intended to be consistent with City-wide objectives and commensurate with actual job performance. Job performance will be the sole criteria for determining an employee's placement within a salary range. 4.1 Salary on Initial Appointment Salary at initial appointment should be the bottom of the established range for the classification. However, appointment may be made at a higher level on the recommendation of the Department Head. 4.2 Salary Advancement Within Range Salary advancement within a range shall be based on merit and performance as determined by the Department Head. Written objectives will be a component in the annual review of job performance. The supervisor's evaluation and recommendations will be used by the Department Head to determine employee's advancement within the range. Salary advancement within an established range is typically considered at one-year intervals and/or at the time of a range adjustment resulting from negotiations. The date of salary review and increase may be advanced or delayed as determined by the Department Head. Salary advancement typically occurs in increments of four and one-half percent (4 ½%). At no time shall an employee advance beyond the top of the established range. Other than the review process outlined in Section 4.3, no appeal shall occur from the decision of the supervisor and/or Department Head whether by discipline procedures, grievance, or 3

10 otherwise. 4.3 Salary Advancement Review This subsection shall not apply to and does not include the Salary Adjustment in Section 7.0. An employee who receives a salary advancement totaling less than four percent (4%) during a twelve (12) month period may request a review by the Department Head if the employee is not directly supervised by the Department Head or if so, by the City Manager/designee. Reviews in the City Manager s and Attorney s office shall be final with the City Manager and City Attorney, respectively. The review shall be completed within thirty (30) days. A request for review cannot be made more than once during a twelve (12) month period. The City Manager/designee shall provide their decision to the Department Head and employee. The decision shall be final without right to appeal, whether by disciplinary procedures, grievance, or otherwise. Salary adjustments, if any, shall be effective in accordance with the decision of the Department Head/City Manager/City Attorney. 4.4 Salary on Promotion Upon promotion, salary shall be increased a minimum of five percent (5%). 4.5 Salary on Demotion "Demotion" means the change from one classification to a different classification where the maximum rate is lower than the maximum rate of the former classification. A demotion will be considered voluntary unless it results from the layoff or discipline process. The salary rate for demoted employees shall be as follows: Reason Discipline Voluntary demotion, or layoff Failure to complete probation after promotion Rate As set by discipline Top of range Return to same relative percentage as held before promotion 4.6 Salary on Transfer "Transfer" means a change of positions within the same classification or comparable classification with a salary differential of five percent (5%) or less between tops of ranges. 4.7 Salary on Classification Change If appointed to a classification having a maximum salary equal to that of the immediate former classification, an employee shall be entitled to receive the same rate they would have received if they had remained in the former classification. No appeals of salary decisions within the discretion of the Department Head or City Manager shall be subject to grievance or any other appeal. 4

11 4.8 Salary on Military Leave All employees who have been granted a military leave may upon their return to City service be entitled to normal salary advancements within their pay-range occurring during their authorized absence. 5.0 CLASSIFICATION AND COMPENSATION REVIEW The purpose of the classification and compensation review will be to determine appropriate classification allocations and compensation for the Management positions in the City of San Mateo. 5.1 Implementation In the event that a study of an individual classification is completed by the Human Resources Department upon the request of a Department Head, it may be implemented at a time other than the date for that Management Association annual increase. The following provisions shall apply: A. If the individual study is implemented less than six (6) months before the next annual increase: a) the City shall again survey the compensation for the position in conjunction with the annual benchmark survey for the Management Association increase; and b) the position shall receive only the portion of the annual increase necessary to bring the position to market; B. If the individual study is implemented six (6) months or more before the next annual increase, the position shall receive the full annual increase. 6.0 SPECIAL PAY 6.1 Bilingual Pay Based on the City and community need and the language proficiency of the employee, the Human Resources Director may approve bilingual pay for the Management Association classifications upon the recommendation of the Department Head. Approval will only be given where the employee's bilingual skill is regularly used in the course of City business. Bilingual premium pay shall be $90 biweekly and shall become payable the first day of the pay period following proficiency certification. If a bilingual qualified employee works less than fulltime, the biweekly differential will be prorated. In order to ensure that employees retain bilingual proficiency, an annual requalification may be required and will be administered by the Human Resources Department. 6.2 Acting Pay In the event a Department Head determines that it is necessary to assign an employee to perform 5

12 all of the duties of a higher paid classification, the employee shall receive the rate of pay of the higher classification. Such rate of pay shall be at least five percent (5%) higher than the employee s current rate of pay except that if circumstances warrant, the City Manager may authorize a different salary in the established salary range. In the event the City Manager appoints an employee as an acting Department Head, such employee shall be paid a salary which is the average of the established salary for the Department Head and the employee's current salary except that if circumstances warrant, the City Manager may authorize a different salary in the established salary range. No differentials shall be paid in addition during such period as acting Department Head. Except with the approval of the City Manager, an acting assignment shall not continue for longer than one year. In the event that the Department Head or the City Manager decides to assign all the duties of a vacant Department Head or Division Head position to a Management Team, the cost of paying one of the management employees acting pay to fill the vacancy will be split between the members of the Management Team and be paid as a differential for the duration of the assignment. 6.3 On Call Pay Two percent (2%) will be included in base pay for the Police Captains, Police Lieutenants, Battalion Chiefs (both 40-hour and 56-hour), Fire Marshal, Construction Manager, Network Administrator, Sr. Systems Analyst and Systems Analyst II in deference to the fact that they are required to wear pagers and respond on a regularly scheduled basis once every four or five weeks. In addition, two percent (2%) will be included in the base pay for the Information Technology Manager if vacancies require this position to be added to the rotation to provide a minimum of four (4) positions in the Department of Information Technology rotation. When scheduled, they are required to be able to respond if necessary in a reasonable time period as defined by the Department. 6.4 Educational Incentive Pay - Safety Personnel Fire Personnel Possession of a BA Degree shall entitle an employee to one hundred twenty dollars ($120) per pay period. To be eligible for educational incentive pay, Fire Safety Management Personnel must complete a minimum of 24 hours of approved Level II or Level III California Fire Service Training and Educational System training or other equivalent formal training each year. Equivalent formal training is defined as training pre-approved by the Fire Chief. Training must be designed to enhance the management skills of the Battalion, Assistant and Deputy Chiefs. The failure of an individual to obtain the required training during a fiscal year shall then terminate educational 6

13 incentive payment for that person in the following fiscal year. If the employee is unable to complete the training within the fiscal year due to situations clearly beyond his/her control, the Fire Chief may waive the requirement Police Safety Personnel No separate education pay is provided to Police Captains. Effective August 11, 1996, educational incentive pay was shifted to be included in base pay. 6.5 Water Quality Shift Differential The Water Quality Plant Shift Supervisor who works five-eighths or more of their regular shift in the period extending from 6 p.m. to 6 a.m. shall be compensated by payment for the entire shift of an additional 4.5 percent (4.5%) of their base pay for that shift. Employees who work less than five-eighths of their regular work shift in the period extending from 6 p.m. to 6 a.m. shall be compensated for those hours worked (to the nearest one-half hour) within this period by payment of an additional 4.5 percent (4.5%) of their base pay for such hours. 7.0 SALARY ADJUSTMENT 7.1 Performance Based Compensation Increases The term compensation includes base salary, benefits, and Team Recognition Pay (Section 7.3) and Above-Market Median Pay (Section 7.4). Successful employee performance is a key factor in determining compensation. Employees with an overall performance rating of satisfactory or better will receive increases in base salary, as outlined in this section. If one or more of the following has occurred within the twelve (12) months preceding the scheduled base salary adjustment, the amount of any increase will be determined by the Department Head. The employee has received an overall performance rating of less than satisfactory and a meeting has occurred prior to the performance rating that informed the employee of the performance difficulties. The employee has been placed on a performance improvement plan. The employee has received a letter of reprimand or disciplinary action. 7.2 Market Placement and Compensation Survey During the term of this agreement, the City seeks to set top-step base salaries equal to the median of comparable cities (populations from 50,000 to 150,000) in San Mateo, Santa Clara and Alameda counties, and provide a competitive benefit package. The market median for the Management Unit is determined by a survey of the benchmark classifications using those cities to set compensation adjustments for the unit Survey Methodology If any of the surveyed benchmarks is greater than twice or less than one-half the average of the 7

14 other benchmarks, they will not be used in calculating the average market median. Base salary adjustments are subject to negotiations for a successor Memorandum of Understanding. 7.3 Team Recognition Pay Team Recognition Pay may be afforded the employees in additional compensation when the City has met its market median placement interest. If fifty per cent (50%) of the General Fund balance is not needed to bring employee units to their market medians, up to one-third (⅓) of the General Fund balance will be used to fund the Team Recognition Program up to a maximum of five percent (5%) of the annual General Fund salaries for those units that elect to participate in the Program. The maximum value for the program may be changed at the City Council s discretion. The ongoing Team Recognition Program balance is capped at ten percent (10%) of the General Fund salaries for those participating in the program. 7.4 Above Market Median Pay The City Council, during the annual budget adoption process, will determine when additional compensation up to two and one-half percent (2.5%) may be provided to set salaries above the three county market median. In doing so, they will consider, among other factors, the employment market, attraction and retention history, as well as the City s financial health. Additionally, in recognition of a competitive labor market, the City Manager may offer additional compensation or benefits on a case by case basis for challenging recruitment and/or retention circumstances. 7.5 Compensation Increases During the Term of this Agreement Effective August 13, 2006, the Unit will receive a seven point four-two percent (7.42%) across the board increase. Additionally, effective February 11, 2007, the Unit will receive a two and one-half percent (2.5%) across the board increase. Effective the first full pay periods in August, 2007 and August 2008, the Unit will receive a three percent (3%) across the board increase. 7.6 Control Point System for Strategic Managers Generally Deputy-level classifications have a different compensation system under this collectively bargained agreement. For an employee holding one of these positions as of August 12, 2006, s/he may opt to participate in this compensation system Control Point System The control point salary system allows a Department Head to set the Deputy s pay between 10% below or up to 10% above the control point, depending on performance and skills in the position. The setting of the control point will be based on the Department Head s control point or market data, depending on position. 8

15 7.6.3 Limitation of Appeal and Grievance Rights The employees under this compensation system do not have the ability to grieve or appeal matters contained in this MOU to the Personnel Board, except for personnel actions of demotion, salary reductions in excess of 10% below the control point (i.e., in-grade salary reductions), suspensions, and terminations, or any other rights pursuant to City Personnel ordinance. An employee who disagrees with his/her placement in the range may discuss it with the City Manager. 8.0 OVERTIME 8.1 Definition for Exempt Employees Executive, administrative and professional employees as defined by the Fair Labor Standards Act (FLSA) are exempt from the provisions of this overtime policy. Federal standards concerning exemptions from federal wage and hour laws shall be used as a guide in determining such exemptions The regular salary is considered total compensation without any specific work schedule which might be required to carry out assigned responsibilities Notwithstanding this exemption, in the event of a work-stoppage, City Council declared emergency, or other concerted action necessitates the devotion of excessive working time by certain management employees in order to maintain essential public services, the City Manager may authorize, on a case-by-case basis, overtime pay at one and one-half (1 ½) times the employee s established rate of pay. Such authorization shall terminate upon cessation of the work stoppage, City Council declared emergency, or other concerted action. 8.2 Definitions for Non-Exempt Employees Regular overtime is authorized time worked, except emergency overtime, by employees in excess of their regular tour of duty Emergency overtime is authorized time worked by employees when contacted outside of regular working hours and requested to report to duty because of an emergency, which is defined as an unpredictable occurrence at unscheduled intervals requiring immediate action. 8.3 Overtime Rate Overtime worked shall be paid for at one and one-half (1½) times the employee's established rate of pay. 9

16 8.4 Overtime Minimum Overtime shall be of at least one half (½) hour at any one time in order to be compensable, except an employee called in for emergency overtime of any duration shall be compensated for a minimum of two (2) hours overtime. 8.5 Advance Overtime Authorization In order to be compensable, a specific advance authorization must be obtained from the Department Head/designee. In case of emergency, the employee may perform the required work pending the earliest opportunity to seek the approval from the Department Head. 8.6 Administrative Leave in Lieu of Overtime/Non-Exempt Employees Non-exempt employees may waive direct payment of overtime and in lieu thereof may accumulate equivalent time off at the one and one-half time (1 ½) rate to a maximum of forty (40) straight time hours for forty (40) hour per week employees and seventy two (72) straight time hours for fifty six (56) hour per week employees. 8.7 Administrative Leave/Exempt Personnel It is the intent of the parties to establish a system for exempt personnel that is in compliance with FLSA. The City and the Association agree to the following: Exempt employees shall be designated by the City. Exempt employees accrue forty-eight (48) hours per year of administrative leave. Administrative leave accrues on a pay period basis. The administrative leave shall be available for use subject to the following: Administrative leave shall have a maximum balance of eighty (80) hours. Employees may sell back up to forty (40) hours during a fiscal year. A Department Head may recommend to the City Manager that an additional amount of administrative leave be authorized, up to an an additional forty (40) hours. This additional leave may be granted based on excessive hours, the value of the extraordinary effort, and the performance of the employee. The City Manager has full discretion in deciding whether to grant additional leave. In the event that the additional hours take the employee over the eighty (80) hour maximum, they may be allowed to sell back an additional forty (40) hours of leave time Neither the City nor the employee will record compensatory time. No deductions from leave balances or salary will be made for absences of less than four hours. 56-hour Battalion Chiefs deductions will be made in quarter-day increments. 9.0 ACCRUAL OF VACATION, SICK LEAVE AND HOLIDAY LEAVE Employees shall accrue vacation leave, sick leave and holiday leave on a pro-rata basis in proportion to regular hours (non-overtime) on the payroll. Credit shall not be received for time off without pay. 10

17 Vacation leave, sick leave, and holiday credits shall accrue from date of appointment 10.0 DAILY HOUR VALUE The hour value of a leave day for holidays, vacation leave, sick leave, or other leave shall be determined by dividing the average number or regularly scheduled weekly hours by five, which results in the ratio of hours of all weekly hour schedules to the five-day - 40-hour per week employee CONTINUOUS SERVICE Continuous service shall mean service in any classification since original appointment with the City, excluding any time prior to a break in service Paid Time Off Impact As used in this Section, one (1) year of completed continuous service shall include, but not be limited to, all time while the employee is on sick leave and/or vacation leave Unpaid Time Off Impact Neither military leave nor leave of absence without pay shall constitute an interruption in computing continuous service. However, leaves of absence without pay of over one month shall not be included when computing length of continuous service for vacation purposes HOLIDAYS 12.1 The holidays to be observed are as follows: A. New Year's Day, January 1st B. Martin Luther King's Birthday, 3rd Monday in January C. President's Day, 3rd Monday in February D. Memorial Day, last Monday in May E. Independence Day, July 4th F. Labor Day, 1st Monday in September G. Veteran's Day, November 11 H. Thanksgiving Day, 4th Thursday in November I. The day after Thanksgiving J. Christmas Day, December 25th K. Every day approved by the City Council as a public holiday, public fast, or a day of mourning L. Three (3) floating holidays to be taken on working days mutually agreeable to the 11

18 employee and the department. Floating holidays will be credited by the granting of one and one-half (1½) days holiday credit during the first full pay period in January and July each year Weekend Holiday Observance Except as provided in 12.4, if a holiday falls on Sunday, the following Monday shall be observed. If a holiday falls on Saturday, the preceding Friday or the following Monday shall be observed as the holiday or holiday time shall be granted. If a holiday falls on an employee's regularly scheduled day off, holiday time shall be granted Work on Holiday Employees required to work on a holiday shall be granted holiday leave under the following conditions or be paid at the employee's established rate of pay, provided authorization is obtained from the Department Head in advance of working the holiday: Time off shall be taken at the discretion of the Department Head, with due regard for the desires of the employee and the workload of the department Holiday Factor and Differential Police Captains, 56-hour Fire Department employees, and Water Quality Shift Supervisors cannot always take holidays when they fall. The Police Captains, Police Lieutenants, and Water Quality Shift Supervisors shall be compensated for thirteen (13) holidays a year by being placed on a bi-weekly holiday factor. 56-hour Fire Department employees shall no longer be eligible to take paid leave for the City s designated holidays and shall receive Holiday-in-lieu pay at the rate of 6.00% of base pay each pay period Holiday on Vacation In the event holidays fall while an employee is on vacation leave, such holidays shall not be charged as vacation leave Employee Option to Work on Holiday Employees may choose to work one scheduled holiday a calendar year and be paid at the employee's established rate of pay Maximum Accumulation Holiday leave shall never accumulate to more than two hundred eighty-eight (288) hours for Fire Department personnel working 24-hour shifts. The maximum accumulation for Police Captains and Water Quality Control Shift Supervisors is eighty (80) hours. All other employees have a forty (40) hour maximum accumulation. Upon separation the maximum sell back for Fire Department personnel working 24-hour shifts shall be one year s accrual up to the prorated amount accrued for the fiscal year in which the separation occurs. 12

19 13.0 VACATION 13.1 Vacation Policy Vacations are essential to the employee's welfare and they are granted by the City to allow employees relaxation and rest from their duties. It is the policy of the City not to allow the excess accumulation of vacation leave. All full-time regular employees shall be entitled to vacation leave with pay as provided below after completion of continuous service with the City Vacation Leave Minimum Continuous Service 33From 0 through 12 years of service 40-Hour Week Vacation # of working days 13 Biweekly Accrual 56-Hour Week Vacation # of shifts Biweekly Accrual Rate hours shifts 9.23 hours From 13 through 23 years of service hours shifts hours At beginning of year 24 and beyond hours shifts hours The above allowances shall be pro-rated for employees beginning employment or leaving employment with the City during a biweekly pay period Vacation Leave Accrual Employees may not accrue more than two times (2x) their vacation leave, unless accrual up to three (3x) times is approved by their Department Head Vacation Scheduling The time at which an employee may take vacation shall be determined by the Department Head, with due regard for the wishes of the employee and the needs of the City Vacation Leave Maximum Employees may use only the vacation leave they have accrued. However, the Department Head is authorized to grant use of up to two (2) days vacation in advance of accrual only in instances where vacationing employees are unavoidably detained through no fault of their own and they have no other accrued leave Vacation Pay Advance The City shall approve a vacation salary payment advance if requested by the employee seven (7) days before the date the payment is to be made. The amount shall be seventy five percent (75%) of the previous net regular paycheck.

20 13.7 Vacation Accrual for Part-time Employees A merit system employee who works part-time shall accrue vacation at a proportionate rate of full-time credit Vacation Pay at Separation Employees who leave employment shall be paid the straight-time salary equivalent in a lump sum for all accrued vacation leave earned. Such compensation for prorated vacation of separated employees shall be paid by adding or deducting from his or her final paycheck Vacation Leave Sell Back Employees who have taken or are scheduled to take at least eighty (80) hours of vacation during a fiscal year may, at their option, be compensated for up to eighty (80) hours (ninety (90) hours for fifty-six hour Battalion Chiefs) of accrued vacation at the employee's established rate of pay. Fifty-six (56) hour Battalion Chiefs, who reach maximum accrual, will be required to accept cash payment in twenty-four (24) hour increments, forty (40) hour Battalion Chiefs will be required to receive payment for the value of one work day. Alternatively, out of the eighty (80) eligible hours for sell back (ninety hours for 56-hour Battalion Chiefs), an employee may elect an annual vacation leave donation into their retirement health savings account. Any elections of annual discretionary leave into the retirement health savings account will proportionately decrease the year s eligible hours for sell back SICK LEAVE 14.1 Purpose The purpose of this Section is to continue the compensation of employees who must remain off their jobs because of illness or disability. Such sick leave is a privilege which the employee can exercise in the event of his/her bona fide illness or disability or in the event their presence away from work is essential because of illness, death or disability of their immediate family Sick Leave Accrual For full-time regular and probationary employees on a forty (40) hour workweek schedule, sick leave shall be accrued at the rate of 3.7 hours for each biweekly pay period (12 days per year). Unused sick leave shall be accumulated. Fifty-six-hour Fire Management personnel will receive 5.54 hours biweekly in sick leave accrual. Any employee who is on paid leave shall continue to earn sick leave. An employee who is on 14

21 leave without pay shall not accrue sick leave. Sick leave shall accrue during an absence due to a work related disability Doctor's Certification A Department Head is responsible for determining that only bona fide personal or family sick leave is taken, consistent with standards established by the City. This may include the submission of a doctor's certificate with prior notice Sick Leave Payout Service or Disability Retirement Upon service or disability retirement, employees shall be paid fifty (50%) of their accrued sick leave up to a maximum of four hundred eighty (480) hours payment and for Fire Battalion Chiefs, 720 hours on shift. No payments of sick leave shall be due or owed to any employee who is terminated by the City under the discipline process. All employees with one (1) year of continuous merit system service, whose employment is terminated because of layoff or death, may be granted one (1) working day termination allowance at their basic pay rate, in addition to other compensation due them and one additional day for each complete year worked thereafter Severance Pay All employees whose employment is terminated because of layoff or death shall be granted their option of one of the two (2) types of separation pay described above. Employees separating from the City shall not be allowed to remain on the payroll after their last day at work. Severance payment shall be provided in a lump-sum for all leave accrual eligible for payout. The intent of this paragraph is to prevent employees from running out vacation and thereafter not returning to work or returning for only a very short time period Family Sick Leave Family sick leave may be taken and if taken, shall be charged to sick leave or, with the concurrence of the department head, to vacation, holiday, or Earned Time Off (ETO) leave where the presence of the worker elsewhere is essential because of illness, or disability of immediate members of his/her family. Not more than six (6) days of such family sick leave shall be granted in any one-year (three (3) shifts for 56-hour employees). Immediate family means parent, spouse, domestic partner, son, daughter, domestic partner s child, sibling, stepchildren, mother-in-law, father-in-law, grandparents and grandchildren. Not more than six (6) days of such family sick leave shall be granted in any one year (three (3) shifts for 56-hour employees). However, if extenuating circumstances exist in at the opinion discretion of the department head, a reasonable extension of the six (6) day limit may be granted. Any additional leave so granted shall be charged against the worker s accumulated sick leave. 15

22 The City will adhere to state and federal guidelines regarding family, maternity, adoption and bonding leaves. Employees may refer to City-wide policies in the Human Resources Department Bereavement Leave In the event of a death in the immediate family, workers may take accrued sick leave of up to three (3) days (two (2) shifts for 56-hour employees), or up to five (5) days at the discretion of the employee s Department Head. Bereavement Leave shall be tracked separately from Family Sick Leave. In this context only, immediate family shall be defined as: spouse, domestic partner, child, foster child who resided with the employee at the time of his/her death, stepchild, mother, father, stepmother, stepfather, mother-in-law, father-in-law, brother, stepbrother, sister, stepsister, brother-in-law, sister-in-law, grandmother, grandfather, spouse s grandmother, spouse s grandfather, son-in-law, daughter-in-law or grandchildren Extended Sick Leave After one year of continuous merit system service, employees who have exhausted their accrued sick leave may be granted extended sick leave pay at the rate of seventy five (75%) of regular salary upon the recommendation of their Department Head and approval of the Personnel Officer. After each thirty (30) days of such sick leave, each case requiring additional sick leave shall be reviewed by the Department Head and approved by the Personnel Officer. Such extended sick leave shall not be charged to the employee's future sick leave accumulation during this period of extended sick leave DISABILITY LEAVE 15.1 Purpose The purpose of this Section is to continue the compensation of employees who must remain off their jobs as a result of disability occasioned or injury received as a result of the discharge of their duties as employees of the City Disability Leave Authorization The Department Head is responsible for determining that only bona fide disability leave is taken Non-safety Disability Leave Time For each disability, employees other than police and fire personnel covered under Section 4850 of the Labor Code shall be allowed disability leave up to and including sixty (60) working days. Such disability leave shall be at full pay, less the amount paid by Workers' Compensation Non-safety Supplemental Sick Leave Time If the sixty (60) working days provided for under Section 15.3 become exhausted, additional time off may be charged to sick leave with the following exceptions: Employees shall not be 16

23 charged sick leave for that portion of their salary for which temporary disability payments are received under the State Worker's Compensation Law Additional Disability Compensation Additional compensation may be awarded by Resolution of the City Council to employees disabled or injured in line of duty, if recommended by the City Manager Workers Compensation Coverage Disability in excess of that provided in this Section shall be compensated for only under the provisions of the Workers' Compensation Act of the State of California Americans With Disabilities Act The City shall comply with the Americans With Disabilities Act (ADA) and shall, consistent with ADA, provide reasonable accommodation to employees with disabilities FAMILY CARE LEAVE In accordance with the Federal Family and Medical Leave Act and the California Family Rights Act, the City will grant job protected unpaid family and medical leave to eligible workers for up to 12 weeks per rolling 12-month period. The City-wide policy will adhere to applicable Federal and State laws regarding Family and Medical Leave JURY LEAVE Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee notifies their Department Head immediately of the notice of jury duty MILITARY LEAVE Military leave shall be granted by the City in accordance with the provisions of State and Federal laws LEAVE OF ABSENCE WITHOUT PAY Leaves of absence without pay may be granted for a period not to exceed one year in cases of illness not covered by sick leave; in cases of personal emergencies, including childbirth; for education and training; or when such absences would not be contrary to the best interests of the 17

24 City. Any request for leave of absence without pay shall be made in writing and approved by the Department Head. Employees may elect to use accrued sick leave (provided eligible for sick leave) and vacation leave prior to commencement of the leave of absence or retain the earned sick leave and vacation leave for use upon return to employment. Employees who do not return to their employment on or before the date of expiration of their leave shall be deemed separated from the City as of such date of expiration, subject to due process DISCIPLINARY PROCEDURES Association members who are safety personnel covered by the Police Officers Bill of Rights continue to have those rights afforded under this Section. Nothing in this Section should be interpreted as limiting those rights Disciplinary Action Definition The term "disciplinary action" shall include the following actions which may be taken by a Department Head (or designee, not below a Division Manager, where the department head s absence is extensive and action is required): A. Suspension without pay up to thirty (30) calendar days; B. In-grade salary reduction; C. Demotion; or D. Dismissal. A reduction in hours or a change in schedule, scheduling for work load reasons, or a change in work assignment shall not be considered as discipline. No action to lay off a member shall be considered as discipline. Letters of reprimand and performance evaluations shall not be considered as discipline. In this section, as throughout this contract, working days is defined as days on which City Hall is open for business Weingarten Rights (Right to have Association Representation in an Investigatory Meeting) A member shall be entitled to a representative of his/her choice, so long as that representative is available within a reasonable time, at an investigative interview or meeting that the member reasonably believes may result in discipline. 18

25 20.3 Notice of Disciplinary Action Whenever a disciplinary action is taken against a member, the member shall be notified in writing of the disciplinary action taken within at least five (5) working days in advance of the disciplinary hearing. Such written notification shall include: A. A statement of the disciplinary action taken against the member; B. A statement of the facts upon which the disciplinary action is based which shall set forth clearly and with such particularity the charges against the member so that the member can understand said charges; C. A statement must indicate the cause for the disciplinary action pursuant to the Personnel Rules; D. A statement should describe any actions taken against the member in the past; and E. A statement advising the member that the written notice is to be placed in his/her official personnel file and that said member has a right to appeal to the Personnel Board and a right to Association representation. The written notice of disciplinary action shall be considered to be sufficient notice to the member if the above information is contained. The written notice of disciplinary action must be presented to the employee, either by personal service or sent via regular and certified mail (return receipt requested) to the last address that member has furnished to the appointing authority Appeals Time for appeal Any member against whom disciplinary action is taken shall have the right to appeal the disciplinary action; provided, however, that the member must deliver a written notice of appeal to the Human Resources Department within ten (10) working days of the date the written notice of disciplinary action was served upon the member. In the event member fails to deliver a notice of appeal to the Human Resources Department within said ten (10) working day period, the disciplinary action shall become final, and the member shall have no further right to appeal Notice of Appeal, Contents The written notice of appeal filed with the Human Resources Department shall not be required to be in any particular format; however, it shall contain at least the following information: 1. The name and address of the member; 2. The date of the disciplinary action and a statement of the effect that the member appeals from the disciplinary action; and 19