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HomeMy WebLinkAboutRES CC 1989 609 1989 0906RESOLUTION NO. 89 -609 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK APPROVING A MEMORANDUM OF AGREEMENT WITH THE PUBLIC EMPLOYEES' ASSOCIATION OF VENTURA COUNTY FOR THE PERIOD OF JULY 1, 1989 THROUGH JUNE 30, 1991 WHEREAS, the State of California Government Code (Sections 3500 et seq) authorizes a City to provide orderly procedures for the administration of employer - employee relations; WHEREAS, the purpose of such procedures is to promote full communication between the City and its employees regarding wages, hours, And other terms and conditions of employment; WHEREAS, the City has adopted procedures for the administration of employer - employee organization relations; WHEREAS, the City and recognized employee organization have met and conferred consistent with state law and City procedures. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorpark to approve the Memorandum of Agreement contained in Exhibit "A" and authorize the City Manager to sign on behalf of the City. NOW, THEREFORE, BE IT FURTHER RESOLVED, that this Resolution shall terminate on June 30, 1991. PASSED AND ADOPTED this ATTEST: Lillian E. Kell rman, City Clerk 897278.res 6th , _ day of September , 1989. . V16C-oi- A-L Eloise Brown, Mayor MOORPARK ELOISE BROWN Mayor BERNARDO M. PEREZ Mayor Pro Tem CLINT HARPER, Ph. D. Councilmember PAUL LAWRASON Councilmember SCOTT MONTGOMERY Councilmember RICHARD T. HARE City Treasurer STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) SS. STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 609 was adopted by the City Council of the City of Moorpark at a meeting held on the 6th day of September 1989, and that the same was adopted by the following vote: AYES:Councilmembers Harper, Lawrason, Montgomery, Perez and Mayor Brown. NOES:None. ABSENT:None. ABSTAIN:None. WITNESS my hand and the official seal of said City this 7th day of September , 1989. Lillian E. Kell rman City Clerk M E M O R A N D U M OF AG RE E M E N T CITY OF MOORPARK AND PUBLIC EMPLOYEES ASSOCIATION OF VENTURA COUNTY S.E.I.U. Local 998 ARTICLE I TERM_________ _____ _______ _________________ 1 ARTICLE 2 IMPLEMENTATION ............................ 1 ARTICLE. RECOGNITIOW. ---------- -- - - -- 1 ARTICI _ STAFF= ONS .............. 2 ARTICLES v ----------------- - - - - -- 2 ARTICLE 6 SALARY PLAN- --- ----- --- ------ ------- -- - - -- 2 ARTICLE -7 ' IAiM= PRC .::..................... 4 ARTICLE 8 HOURS OF-WGW- -- ______•__•_ ______________ 5 ARTICLE 9. ............................. 5 ARTICLE 10 TEXTBOOK AND TUITION REIMBURSEMENT__ -_____ 6 ARTI= I1 HOLIDAYS - - •-------------- - - - - -- 8 ARTICLE-I2 IFAVES OF ......................... 9 ARTICLE 13 UNFAVORABLF. REPORTS OF PERFORMANCE ........ 10 ARTICLE 14 PEAVC RIGHTS...... ......................... 10 ARTICLE 15 MAINTENANCE. OF EXISTING CONDITIONS ........ 11 ARTICLE 16 PERSONNEL SYSTEM RULES AND REGULATIONS .... 11 ARTICLE 17 MISCELLANEOUS PROVISIONS ..................16 897263.PER ARTICTY.. I TERM Sec. 101 TERM: This Memorandum is effective from July 1, 1989 up to and including Midnight, June 30, 1991. Sec. 102 SUCCESSOR AGREEMENT: In the event the Public Employees Association of Ventura County desires to negotiate a successor Memorandum of Agreement, it shall serve on the City, during the period of May 1, 1991 through and including June 3, 1991, its written request to commence negotiations as well as its initial written proposals for such successor Memorandum of Agreement (hereinafter referred to as Agreement). ARTICLE 2 IMPLEMENTATION This Agreement constitutes a mutual recommendation to be jointly submitted to the Moorpark City Council (hereinafter referred to as "City ") and the Public Employees Association of Ventura County, Service Employees International Union AFL -CIO, CLC, Local 998 (hereinafter referred to as PEAVC). It is agreed that this Agreement shall not be binding upon the parties, either in whole or in part, unless and until approved by PEAVC and by majority vote by the City. It is understood that the City will not formally amend any effected City Resolution and /or Ordinance until after this Agreement is approved by both parties. ARTICLE 3 RECOGNITION This Agreement shall apply only to persons employed in permanent full or part -time positions in the following bargaining units: GENERAL UNIT: Account. Technician Administrative Clerk Administrative Secretary Associate Planner Code Enforcement Officer Lead Maintenance Worker Maintenance Worker Planning Technician Receptionist Records Clerk Secretary SUPERVISORY /CONFIDENTIAL UNIT:_ Executive Secretary Finance Officer Maintenance and Operations Supervisor Recreation Supervisor Senior Planner ARTICLE 4 STAFFING AND CLASSIFICATIONS CLASSIFICATIONS AND DUTIES: The City shall employ workers within the specific duties of their job descriptions and assign employees to "related duties" only in the absence of employees in full time or part time permanent budgeted positions or in peak workload or emergency situations. ARTICLE. 5 RETIREMENT Sec. 501 PAYMENT OF EMPLOYEE RETIREMENT CONTRIBUTION: Effective with the payroll period beginning July 3, 1989, the City shall pay the employee contribution, not to exceed seven percent (7 %) of base salary, to the Public Employees Retirement System (PERS). Sec. 502 TWO- TIERED RETIREMENT SYSTEM: The City may implement a two- tiered retirement system as provided for by PERS. Prior to implementation of the two - tiered system, City shall discuss the matter with PEAVC but is not required to meet and confer on said implementation. ARTICIF 6 SALARY PLAN Sec. 601 SALARY ADJUSTMENTS: The City agrees to adjust wages of classes in the bargaining units covered by this Agreement by five percent (5 %) effective with the payroll period beginning January 1, 1990. Those classifications with the "EX" notation are exempt from the payment of overtime except as provided for in Section 902 B. Classification Account Technician Administrative Clerk Administrative Secretary Associate Planner Code Enforcement Officer Executive Secretary Finance Officer Lead Maintenance Worker Maintenance & Operations Supervisor Maintenance Worker Planning Technician Receptionist Salary Range 1807 -2197 OT 1285 -1561 OT 1561 -1897 OT 2670 -3246 EX 2197 -2670 OT 1897 -2307 OT 2944 -3578 EX 1807 -2197 OT 2307 -2804 EX 1721 -2092 OT 2092 -2543 OT 1416 -1721 OT Records Clerk 1487 -1807 OT Recreation Supervisor 2422 -2944 EX Secretary 1416 -1721 OT Senior Planner. 2944 -3578 EX Sec. 602 SALARY INCREASE: Effective with the payroll period beginning July 2, 1990, classes in the bargaining units covered by this Agreement, shall receive a five percent (5 %) salary increase to those salary ranges set forth in Sec. 601, above. Sec. 603 OUT -OF -CLASS ASSIGNMENI:/TEMPORARY ASSIGNMENT: A. The term "out -of -class assignment" shall mean the temporary assignment of an employee to a positon which has been officially allocated by the City to a higher class other than the one presently occupied by the employee. These provisions include those class i.ficati.ons whose specific duties and responsibilities requi.rc� supervision in absence of an immediate supervisor. B. Acceptable reasons for out: -of- class assignments are: 1. Non - availability of properly classified employees to fill the vacancy. 2. The temporary filling of a vacant position pending certification of an Eligible. C. An out -of -class assignment may be made by a department head if, in his opinion, such action is necessary for the proper functioning of the department. However, after filling a vacancy by an out -of. -class assignment, the department head is not required to fill the vacancy caused by such assignment. D. Out- of-class assignments shall not exceed thirty (30) consecutive calendar days without approval by the City Manager. Out -of -class assignments shall not be made for the purpose of avoiding the filling of a position by a permanent appointment. E. As soon as the appointing department head becomes aware that a position may be vacant for more than sixty (60) days, he shall inform the Personnel Director or City Manager so that certification of replacement personnel may be made or, if necessary, an examination may he scheduled. F. An eligible employee in an out -of -class assignment shall receive an increase of 5% or the first step of the higher range, whichever is greater. However, in no case shall such salary adjustment place the employee beyond the salary range of the positon to which he has been temporarily assigned. G. To be eligible for a higher rate of pay, an employee shall meet all of the following requirements for the first assignment to a class: 3 1. Be a permanent or probationary employee immediately preceding the temporary assignment. 2. Be temporarily assigned for at least five (5) consecutive work days to a class having a higher maximum compensation than his own class. An employee working in a higher classification and who works in said higher classification for five (5) consecutive days shall thereafter be paid according to the salary range of the class in which he has been working. 3. Be on the current eligible list. If no one is available from the current list or the most recent expired list, then any employee may be appointed and receive compensation if otherwise eligible under the provisions of this Section. Sec. 604 STANDBY PREMIUM PAY: Should an employee be placed on standby duty, such an employee shall be compensated for actual time on call at one - quarter (1/4) of his hourly wage. Actual time worked as a result of a callback to duty shall be paid at the applicable hourly wage. No employee shall be paid for callback time and standby simultaneously. Sec. 605 CALLBACK: The minimum callback for employees covered by this Agreement shall be two (2) hours at the overtime rate for each callback but the two (2) hour minimum shall be applied only one time during a two (2) hour period. Sec. 606 SALARY ADVANCEMENT: Overlooked advancements may be retroactive to the employee's anniversary date upon approval by the City Manager. ARTICLE 7 INSURANCE PROGRAMS Sec. 701 PREMIUM PAYMENT: City shall continue to provide same or comparable health insurance programs as are currently in effect through April 30, 1990. City agrees to review health insurance plans with the employees prior to renewal and /or consideration of plans and prior to City's decision on selection of plan providers. City will pay premium increases, not exceeding 20 %, for dependent coverage for each applicable benefit (medical, dental, optical) during the term of the Agreement_ City agrees to reopen this item for discussion if the premium increases exceed 30% for dependent coverage during the term of the Agreement. City shall continue to pay 100% of premiums for employee coverage for all current programs for the term of the Agreement Sec. 702 PAYMENT IN LIEU OF DEPENDENT_ COVERAGE: At the employee's option, the employee may choose not to subscribe to certain dependent coverages and if this option is chosen, the City will pay one -half of the premium cost for dependent coverage at 2 employee - plus -one dependent rate for medical, optical and dental plans, not to exceed payment of $150 per month if employee elects not to cover all of their otherwise eligible dependents. City agrees to provide this option only so long as provider does not object and this action is consistent with applicable federal and state laws. Once the employee has selected an option, he /she may not change their selected option until the renewal date of the medical, optical and dental plan. ART I Cr.E 8 HOURS OF WORK Sec. 801 BREAK TIMES: Employees in classifications covered by the Agreement shall be entitled to one (1) fifteen minute paid break during each four (4) hour period of work. Insofar as possible, said breaks shall fall approximately midway in the work period. Said breaks shall not be cumulative nor added to the lunch break, and may be delayed or denied for unusual circumstances or emergencies. ARTICLE. 9 OVERTIME Sec. 901 DEFINITION: Overtime is defined as hours worked in excess of 40 hours in a work week. For purposes of calculating overtime, vacation time and observed holidays but not sick leave or other time off shall be credited as time worked during the work week. Sec. 902 COMPENSATION FOR OVERTIME HOURS WORKED: A. Employees shall be paid in cash or, with the approval of the City Manager, compensatory time at a rate of one and one -half times all overtime hours worked, except as otherwise provided for in Sections 902 B. and 903 A., B., and C. Employees requesting and receiving compensatory time may bank up to forty (40) hours of compensatory time that must be taken off during the fiscal year in which it is earned. If the employee is unable to take the time off, he shall receive cash for all accrued time at his regular rate of pay. City reserves the right to pay an employee for all accrued compensatory time at his regular rate of pay tit any time. B. The Associate Planner, Finance Officer, Maintenance and Operations Supervisor, Recreation Supervisor and Senior Planner classifications are exempt from compensation for overtime except that employees in these classifications shall be paid at straight time for all hours worked above eighteen (18) hours worked per month attending meetings of the City Council, Planning Commission, Parks and Recreation Commission and /or other official meetings the employee is required to attend that commence after 5:30 p.m. or on weekends or holidays. Employees in the aforementioned c. lass ifications shall also accrue five (5) days of administrative l.�ave for the fiscal year. Said r administrative leave shall be accrued monthly on a pro -rated basis and must be taken by the end of the fiscal year. The dates of administrative leave may be selected by the employee but must be approved in advance by the department head who shall consider the wishes of the employee and the needs of the City. Earlier use of the administrative leave may be authorized by the department head. In the event an employee leaves the City service and has used more administrative leave than was actually earned, the employee shall have the equivalent dollar amount of such advanced administrative leave based upon their regular rate of pay deducted from his final check or repay the City said amount. It is the responsibility of the employee to not permit the accrual to remain after June 30 of any fiscal year. If an employee has any accrued administrative leave as of June 30 under any circumstances other than the City's restrictions due to service demands, any such time shall be automatically forfeited unless an extension in writing is authorized by the City Manager prior to June 30. Employees who terminate shall be paid for accrued administrative leave based upon their regular rate of pay. Sec. 903 POLICY- LIMITATION ON OVERTIME: A. It is the City's policy to avoid the necessity for overtime whenever possible. Overtime work may sometimes be necessary to meet emergency situations affecting public health, safety or welfare, seasonal or peak workload requirements. No employee shall work overtime unless authorized by his department/ agency head. B. Notification of the need for overtime shall generally be provided to affected employees at least two (2) hours prior to the beginning of the overtime. When employees are not noticed in advance, as set forth in this article, the employee shall be paid an additional one -half (1/2) of his regular rate of pay for the first hour of overtime. In addition, overtime worked without such prior notice shall result in no less than one (1) hour overtime pay. This section shall not apply in emergency situations that effect public health, safety or welfare. C. Employees shall not have their regular scheduled work week or work day altered by the City for the avoidance of overtime. ARTICLE 10 TEXTBOOK AND TUITION REIMBURSEMNT Sec. 1001 PURPOSE AND ELIGIBILITY: To provide a program whereby permanent full time employees of the City are reimbursed for the costs of textbooks, tuition, registration and laboratory fees for occupationally related school courses, workshops, and seminars satisfactorily completed on the employee's own time. 6 Sec. 1002 COURSES ELIGIBLE: The following criteria will be used in determining eligibility for reimbursement: A. Courses must have a reasonabl" potential for resulting in more effective City service. B. Courses directly related to the employee's occupational field are eligible. C. Courses that are prerequisite to job - related courses are also eligible. D. Job - related courses preparing an employee for promotion in his job field, or a job field for which there are promotional opportunities within City service. E. Graduate course work which is required to receive a job - related Master's Degree is eligible for reimbursement. F. Courses must be satisfactorily completed. A grade of "C" or its equivalent is required for reimbursement. A grade of "A" or "B" or its equivalent (Pass for Pass /Fail courses) is required for reimbursement for graduate courses. G. Courses must be offered by a school recognized by the State of California, the U. S. Department of Health, Education and Welfare, or the Veteran's Administration, unless otherwise provided in this Article. H. Seminars and workshops directly job - related are eligible if offered in conjunction with an accredited college, educational institution or professional organization. The course work must be approved in advance by the City Manager. Sec. 1004 COURSES NOT ELIGIBLE FOR REIMBURSEMENT: A. Those taken to bring unsatisfactory performance up to an acceptable level. B. Those which duplicate training provided by the City. C. Those which duplicate training the employee has already received. Sec. 1005 TEXTBOOK AND TUITION REIMBURSEMENT: A. Tuition Reimbursement: City shall, unless otherwise designated in this Agreement, provide for 100% reimbursement of tuition for off -duty, job - related recognized courses up to a maximum of Four Hundred Dollars ($400) per fiscal year, and a maximum of One Thousand Dollars ($1,000) in accordance with the provisions of the Article. The amount of reimbursement shall not exceed the then applicable fees and charges used by the California State College and University System. 7 Sec. 1006 COSTS NOT COVERED: In terms of both time and money, the following costs are not covered by this program: A. Courses must be taken on the employee's own time, or compensatory time, or vacation time, or administrative leave approved in advance by the Department Head. Department Heads are encouraged to adjust schedules whenever possible to allow employees to attend classes and make up any time lost. The intent of this Section is to not provide for time off with pay. B. Neither transportation nor mileage reimbursement are provided for by this program. C. Parking fees, meals and other costs not specifically covered in this program will not be paid by the City. D. Costs for which reimbursement is received from other sources. Portions not covered from other sources will be paid by the City up to the maximum as provided by this Article so long as the other provisions of this Article are met. E. Conventions and conferences are not covered by this reimbursement program. Sec. 1007 TEXTBOOK AND TUITION PROGRAM ADMINISTRATION: The Department Head is responsible for the administration of this program. Applications for reimbursement shall be received by the Department Head prior to the first class session. An official record of grades and receipts or, if grades not awarded, record of satisfactory completion, must be received by the Department Head within 90 days after the last class session. Reimbursement will be made to the employee within two weeks after grade cards and receipts have been received by the Department Head. The Personnel Director may develop such forms and additional procedures which he deems necessary to accomplish the intent of this textbook and tuition program. The employee shall reimburse the City for costs paid by the City under this program if the affected employee leaves the City service within one (1) year of the completion of the class. Sec. 1008 USE OF TEXTBOOK & TUITION - OUT OF STATE: An employee shall be entitled to reimbursement for classes /courses taken out -of- state, provided that all the above criteria are met and it results in no additional cost to the City. ARTICLE 11. HOLIDAYS Sec. 1101 PAID ASSIGNED HOLIDAYS: 1. New Year's Day, January 1; 2. Martin Luther King's Birthday, the third Monday in January; 3. Washington's Birthday celebration, the third Monday in February; 4. Memorial Day, the last Monday in May; 8 5. July 4; 6. Labor Day, the first Monday in September; 7. Veteran's Day; 8. Thanksgiving Day, the fourth Thursday in November; 9. The day after Thanksgiving; 10. Christmas Day, December 25; 11. Christmas Eve (December 24) as follows: a) Four hours if this date falls on Tuesday, Wednesday, Thursday or Friday; b) Eight hours if this date falls on Monday; c) No hours if this date falls on Saturday or Sunday. 12. And every day appointed by the President of the United States or Governor of this State for public feast, thanksgiving or holiday, when specifically authorized by the City Council. Except numbers 11. or 12., above, If a paid assigned holiday falls on a Saturday, the preceding Friday shall be the holiday in lieu of the day observed. If a paid assigned holiday falls on a Sunday, the following Monday shall be the holiday in lieu of the day observed. For those employees regularly scheduled to work Saturday and /or Sunday, the paid assigned holiday shall be the day on which the holiday actually occurs. Sec. 1102 WORK ON HOLIDAYS: Full time employees who are required to work on a paid assigned holiday shall., in addition to receiving straight time, not to exceed eight (8) hours per holiday, be paid in cash at one and one -half their regular rate of pay for hours actually worked, up to eight (8) hours, not to exceed eight (8) hours per holiday. Any time worked in excess of eight (8) hours on a paid assigned holiday shall be paid in cash at two and one -half (2 1/2) times their regular rate of pay. Any full time employee, whose regularly scheduled day off falls on a paid assigned holiday, shall be credited with eight (8) vacation leave hours for each such holiday. Sec. 1003 HOLIDAY POLICY FOR PERMANENT PART -TIME EMPLOYEES: Employees whose regular schedule is less than full time shall receive holiday credit as set forth in the article on a pro rate basis, receiving pay or vacation based on their scheduled hours or their worked hours in the pay period in which the holiday falls, whichever is greater. ARTICLE 12 LEAVES OF ABSENCE Sec. 1201 BEREAVEMENT LEAVE: Any employee in full time or part time permanent budgeted positions may be allowed to be absent from duty for up to three (3) consecutive working days (not to exceed twenty -four working hours) without loss of pay because of the death of a member of his immediate family. When travel to distant locations or other circumstances requires absence in excess of three consecutive working days, the appointing authority may allow the use of accrued vacation, administrative leave, compensatory time, or up to two days of accrued sick leave to supplement the three working y days provided in this section. For the purpose of this section, "immediate family" shall mean the husband, wife, parent, brother, sister, child, step - child, grandchild, grandparent, mother -in -law, daughter -in -law, step - parent or significant other (if approved by the City Manager) of an employee. The City shall not be obligated to grant Bereavement Leave for an employee more than twice (2 times) per calendar year. Sec. 1202 RETURN FROM MATERNITY LEAVE: Employees shall be restored to the position held before the leave or to a position with comparable pay, benefits and hours as if there had been no leave. Sec. 1203 MILITARY LEAVE: The City shall amend Section 13.4 of the Personnel System Rules and Regulations Resolution to conform to the Military and Veterans Code. ARTICLE 13 UNFAVORABLE REPORTS OF PERFORMANCE Verbal Admonishments: Any written report of a verbal admonishment placed in an employee's personnel file shall be removed two (2) years from the date of the written report provided no additional report or further disciplinary action was taken on the same or similar offense during the intervening two (2) year period. ARTICLE 14 PEAVC RIGHTS Sec. 1401 ASSOCIATION BUSINESS AND PAID WORK TIME: The City agrees to authorize up to one (1) City employee per bargaining unit who is a member of the Board of Directors of PEAVC up to one (1) hour per month time to attend PEAVC Board meetings on their own time by utilizing compensatory time off, vacation time or leave without pay, if such time is requested in advance. In addition, PEAVC paid staff are authorized to visit work stations of Board members to obtain signatures on official PEAVC documents. It is further agreed that officers, executive board members and unit representatives (unit stewards) will conduct all other PEAVC business, except for time spent in negotiations, on their own time with prior approval by utilizing compensatory time, vacation time or leave without pay. Sec. 1402 UNIT REPRESENTATIVE: PEAVC may designate a unit representative in each bargaining unit to represent those employees in their respective units. PEAVC shall submit to the City a list of unit representatives within 30 days following the signing of this Agreement. The list is to be updated on a semi - annual basis. When requested by a unit employee, a unit representative may represent the aggrieved unit employee tinder the Grievance Procedure, a and the City shall grant the representative a reasonable amount of official accrued time off for this purpose. Sec. 1403 INTERDEPARTMENTAL MESSENGER SERVICE (BR06IN NAIL) The County's interdepartmental messenger service (brown mail) may be used for individual business - oriented communication between employees who are represented by PEAVC and between the paid staff of PEAVC and such employees, provided that paid staff of PEAVC shall pick up and deliver all messages being communicated outside the City's /County's normal distribution route and provided written concurrence for use of the brown mail is received from the County of Ventura and said service is at no cost to the City. Sec. 1404 PAYROLL DEDUCTIONS: It is mutually agreed that the City will deduct, from the pay of PEAVC Local 998 members, dues and monies for benefit programs in the amounts certified to be current and correct by the Executive Director of PEAVC Local 998. 'There shall be no more than one such deduction per employee per pay period. Said deductions shall only be made from those employees who individually request in writing on the forms specified by the City, that such deductions shall be remitted by the City to PEAVC Local 998. This authorization shall remain in full force and effect until revoked in writing by the employee or until the employee terminates City employment. The City and PEAVC mutually agree that both parties and their respective officers, employees and agents be saved, indemnified and held harmless from any liability due to errors and omissions arising out of the other party's use of the PEAVC- sponsored deduction code. ARTICLE 1S MAINTENANCE OF EXISTING CONDITIONS Sec. 1501 Except as herein modified, there shall be no change in wages, hours, or working conditions as a result of entering into this Agreement and all rights, privileges, benefits and terms and conditions of employment, as of the date of this Agreement, which are not specifically set forth shall remain in full force, unchanged and unaffected, during the term of this contract unless changed by mutual agreement of the parties, set forth in writing, and adopted by the City. Personnel policies and procedures of the City to the extent that they constitute wages, hours and terms and conditions of employment are subject to this provision. ARTICLE. 16 PERSONNEL SYSTEM RULES AND REGULATIONS The City agrees to amend the following sections of said rules and regulations as follows: Section 2.3 Meet and confer is required before amendment to the rules affecting changes in wages, hours and other terms and conditions of employment. Section 2.11 Outside Employment: Delete (c), Limit policy to "regular" outside employment of eight (8) hours or more per week. Section 4.14 Compensation during suspension: Continue insurance contributions during any suspension of five (5) days or less. Section 13.3 Leave of absence without pay: Continue paid benefits through the balance of the premium period, not to exceed one (1) month. Section 13.5 Vacation Leave: Each full -time permanent and probationary employee shall accrue vacation leave with pay as follows: 1. The first through fifth year of service the vacation leave shall be ten (10) working days per year. 2. Commencing with the sixth year of service (after completion of five (5) years of service) with the City, the vacation leave shall include one additional day per year for each additional year of service through the tenth year of service, to a maximum accrual of fifteen (15) days per year. After the conclusion of the original probationary period, vacation leave shall be accrued monthly on a pro -rata basis. Permanent part -time employees shall accrue similar vacation leave benefits at a ratio determined by the actual number of hours worked with two thousand and eighty (2,080) hours equivalent to one (1) year of service. Temporary employees shall not accrue vacation leave. Vacation time accrues from the date of hire consistent with the above schedule. Vacation leave may be taken as it accrues except that employees serving an original probationary period in the competitive service of the City may not take such leave until the probation period is completed. Earlier use of accrued vacation may be authorized by the department head with the concurrence of the City Manager. The dates of vacation leave may be selected by the employee but shall be approved by the department head who shall consider the wishes of the employee and the needs of the City. In the event that one or more municipal holidays fall within a vacation leave, such holiday shall not be charged as vacation leave. Employees who terminate shall be paid for accrued vacation leave based upon their current rate of pay. The estate of a deceased employee shall be paid the amount of that person's accrued vacation leave. An employee may not accrue more than two hundred and forty (240) hours of vacation beyond December 31 of each year. If an employee has accrued vacation time beyond the maximum as of December 31 under any circumstances other than the City's restrictions due to service demands, the amount of time in excess of the maximum shall be automatically forfeited unless an extension in writing is authorized by the City Manager prior to December 31. It is the 12 responsibility of the employee to not permit the accrual to exceed the maximum. The loss of vacation accrual shall not occur if vacation leave has been delayed by the City due to unusual or emergency conditions as authorized by the City Manager. Under such conditions, the City Manager may, as authorized by the City Council, pay the employee the cash equivalent for all or part of the vacation in excess of the maximum accrual. Section 13.10.1 Sick Leave: Strike "non -work related." Define "Inadequate," as stated, to mean contradictory medical evidence. Add medical and dental appointments as acceptable use of sick leave provided that a note from the health care provider is provided to the City if requested and the supervisor is informed of intention to use sick leave for a medical appointment as soon as appointment is scheduled and in no event less than three (3) work days prior to the scheduled appointment date unless said appointment is a result of an emergency situation. Increase the accrual rate from ten (10) to twelve (12) days per year. Rule 14. Worker's Compensation: Rule 14, as contained in City Resolution No. 85 -185, is to be deleted and the following language shall be inserted in its place: Section 14.1. Injuries on the Job: All employees of the City of Moorpark shall be governed by the laws of the State of California relating to Worker's Compensation and C.O.B.R.A. or as broadened by this section. All injuries sustained in the course of employment shall be immediately reported by the injured employee to his /her immediate supervisor. If the immediate supervisor is not available, then the injured employee shall immediately notify one of the following in ascending order: the appropriate department head, Deputy City Manager, City Manager or City Clerk. All accidents or injuries, no matter how minor or small, must be reported by the injured employee on the prescribed forms by the end of the work shift in which the injury occurred. If the work shift concludes after the end of normal business hours or the work shift is on a Saturday, Sunday or holiday, when the injured employee contacts his immediate supervisor, as required above, he /she shall also arrange to have the prescribed forms completed no later than the next succeeding day of business. The supervisor must immediately notify the department head and file a written accident report with the City Manager no later than the next succeeding day of business. In the event that a work related injury requires emergency medical care, the employee's supervisor may report the injury. Failure to comply with this provision may result in disciplinary action. Section 14.2. Choice of Physicians: Injured employees have the choice of going to the City's designated physicians or to a physician of the employee's choice. The City shall retain medical control for the first thirty (30) days after an injury unless the injured employee has notified the City prior to the injury of his /her choice of physician. An attending physician who accepts the Worker's Compensation referral has the responsibility by law to submit to the 13 City of Moorpark a Doctors First Report of Injury and is obligated to accept payment for services rendered for various procedures by a fee schedule established by the State of California. Employees who visit the physician of their elected choice must notify the City of Moorpark of the doctor's name, address and nature of the injury. The City is not obligated to rely upon the opinion of employee's doctor of choice as authority regarding the employee's medical condition. Section 14.3. Authorized Absence. This Section shall only apply to those injuries or illnesses that are admitted by the City as arising out of and in the course of employment. At the City's discretion, the City may contest the jot) relatedness of an injury or illness. In such event the City shall not be obligated to continue full salary for the aforementioned. Whenever a permanent or probationary full -time employee of the City is disabled by an injury or illness arising out of, and in the course of his /her duties, the City shall continue full salary for a period of five (5) working clays or until the employee is eligible for temporary disability benefits under the State Worker's Compensation laws, whichever occurs first. The employee may use accumulated sick leave in combination with temporary disability benefits provided under State Worker's Laws to provide continuation of the employee's regular monthly base salary until such accruals are exhausted or until the employee is no longer temporarily disabled, whichever occurs first. If accumulated sick leave is sooner exhausted, an employee temporarily disabled under the provisions of this Section may, for the purpose of supplementing Worker's Compensation temporary disability benefits, elect to use accumulated days of vacation and /or accrued compensatory time off to continue his /her regular salary when combining with the temporary disability payments. If the temporary disability period extends beyond the use of accumulated vacation and compensatory time off, the employee shall be placed under provisions of Worker's Compensation payments. The use of any portion of accumulated sick leave, vacation or compensatory time must be requested in writing by the employee prior to its us(,. It is strictly prohibited to combine sick leave, vacation leave, and /or Worker's Compensation benefits in any manner which would exceed the employee's regular monthly base salary. A written report shall be furnished by the department head to the City Manager during each thirty (30) days, setting forth the physical condition of the injured employee and his /her recovery progress. Permanent /Part -Time employees are eligible for the same use of accumulated leave during periods of job - related disability at a ratio of hours regularly scheduled for their respective work week and the full -time equivalent for that time. Any employee bringing an actl.on against a third party to recover for injuries or disabilities for which the City has made payments of salary or compensation, shal forthwith give the City written notice of such action and thereafter, the City shall be entitled to reimbursement out of any recovery made by the employee in such action for amounts paid for salary or compensation and fringe benefits during the period of disability. Upon making of restitution, such sick leave, vacation leave, and compensatory time off used by employee during the disability shall be restored to the employee's account. Section 14.4. Disability Evaluation: Whenever an employee has been given a permanent stationary rating by the Permanent Disability Rating Bureau of Worker's Compensation Appeal Board of the State of California, return to the job must be based on the same medical information which the employee used in order to obtain the award. Subsequent injuries or aggravations of the original injury could occur unless all the medical facts regarding the case are carefully evaluated. An employee may return to duties that can be performed safely without undue risk of further injury or harm to other employees. Should an employee be unable or unwilling to accept some other position which he /she is physically or otherwise qualified to perform, the employee may be terminated. The medical information presented to the Worker's Compensation Appeal Board by the employee and his /her doctor shall be obtained, utilized and interpreted in terms of specific job restrictions and limitations. The department head shall then interpret and apply such job restrictions and limitations to the specific physical requirements of the employee's position and make a recommendation to the City Manager. Section 14.5. Determination on Employment: Subject to medical consultations, a final determination shall be made by the City Manager as to whether or not t:he employee shall: 1. Return to work. 2. Transfer to another position based on the qualifications of experience, education and physical ability. 3. Terminate employment with the City. Section 14.6. Accrual of Leave Benefits and City Contributions to Retirement an Health Plans Regarding Uncontested Claims. Any permanent employee shall continue to accrue vacation, holidays and sick leave, to earn eligibility for consideration for merit salary increases and the City shall continue to make required contributions to the retirement and health and medical plans during an absence resulting from an on- the -job injury, providing he /she receives compensation payments under the provisions of the California Worker's Compensation Law. A probationary employee shall be entitled to the same benefits as a permanent employee except he /she shall not continue to earn eligibility for consideration towards completion of the probationary period. Section 14.7. Contested Claims. This section shall only apply to those cases in which the City is claiming that an injury or illness did not arise out of or in the co ursc of employment as defined under the Worker's Compensation laws. In such contested industrial injury claims, the City of Moorpark shall refrain from payment of temporary disability indemnity unless there is a finding made by the Worker's Compensation Appeals Board for such payment. In such contested industrial injury claims, the employee shall be entitled to use accumulated sick leave to provide continuation of the employee's regular monthly salary for a period until the employee is no longer temporarily disabled. In those cases in which the accumulated sick leave is exhausted before the employee becomes permanent and stationary, the employee may elect to use accumulated days of vacation and /or accrued compensatory time off to continue his /her regular monthly salary. The use of any portion of accumulated compensatory time, sick leave or vacation must be requested in writing by the employee prior to its use. If the period of temporary disability extends beyond the use of accumulated vacation and compensatory time off, or the employee has elected not to use any portion of said accumulated leave, the employee shall be placed on leave of absence by the City as outlined by Section 13.3 of the City's Personnel Rules, pending a determination regarding compensability of the claim under applicable provisions of California Worker's Compensation law. Until such time as the compensatory disability of the claim is determined under the applicable provision of California Worker's Compensation law, no accruals of vacation benefits or sick leave shall accrue. City contributions to retirement, health and medical plans, including but not limited to medical, dental, vision, life and long term disability programs shall be suspended. Any pre -paid premium made by the City on behalf of the employee and /or his dependents not exceeding thirty (30) calendar days from the date the City determines to contest the claim shall be honored by the City. In the event of such suspension of contribution to health and medical plans, the City will offer the employee at his /her costs the opportunity to continue coverage under said plans for a period of time and payment of administrative fee to the City as allowed pursuant to applicable Federal and State laws. Such payment by the employee must be received by the City prior to the City's due date for payment of the premium. If the injury or illness is later determined to have occurred arising out of or within the course of employment by the Worker's Compensation Appeals Board, the employee will be retroactively provided accrued benefits in accordance with Section 14.3 of the City's personnel rules. If a retroactive reinstatement of said benefits as outlined in Section 14.3 results in an inequity, the benefits will be adjusted so that neither the City or the employee will receive more than they would be entitled by statute or according to City of Moorpark Personnel. Rules had the case not been contested. 16 ARTICLE 17 MISCELLANEOUS PROVISIONS The following items are to be includwi in applicable rules, regulations and policies: 1. All classifications requiring possession and maintenance of a valid California Driver's License and /or are required to drive a vehicle for the City, are required to immediately inform the City Manager in writing of any restrictions, suspensions and /or revocations of their Driver's License. Failure to comply will result in disciplinary action, including dismissal. 2. The work week for all employees in classifications covered by this agreement shall commence at 12:01 a.m. on Monday and conclude at 12:00 midnight on Sunday. 3. City will enact a deferred compensation plan, after discussion with the employees, with the following limitations: 897251.per A. No out -of- pocket cost for the City. B. At least 51% of employees in both bargaining units agree to participate and contribute at least the minimum amount established in the plan as enacted by the City. C. City may, at its sole option, discontinue the plan when participation per ii., above, drops below 40% of the employees in both bargaining units. 17