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HomeMy WebLinkAboutRES CC 1992 899 1992 12160 3 RESOLUTION NO 92- 899 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK APPROVING A MEMORANDUM OF AGREEMENT WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 998 FOR THE PERIOD OF JULY 1, 1992 THROUGH JUNE 30, 1993. WHEREAS, the State of Ca3ifornia Government Code (Section 3500 et Seq) authorizes a City to provide orderly procedures for the administration of employer - employee relations; and, WHEREAS, the purpose of such procedures is to promote full communications between the City and its employees regarding wages, hours, and other terms and conditions of employment; and, WHEREAS, the City has adopted procedures for the administration of employer - employee organization relations; and, WHEREAS, the City and recognized employee organization have met and conferred consistent with the state law and City procedures; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That, the Memorandum of Agreement (MOA) between C the City and SEIU Local 998 as contained in Exhibit "A" is accepted and the City Manager is authorized to sign the MOA on behalf of the City. Section 2. That, the City Manager incorporate all agreed upon alterations to the Personnel Rules and present to the City Council the amended Personnel Rules within sixty (60) days of the adoption of this resolution. Section 3. That, this Resolution shall terminate on June 30, 1993. PASSED and ADOPTED this 16th day of December 1992. ATTEST: Paul W. Lawtason Jr, .Mayor - *'ee r� illian E. Hare, City Clerk-.. �,�� MOORPARK 799 Moorpark Av,rrlu, '.t(;o :,,Irk Calitornia 930:'1 C'P'04 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 92 -899 i was adopted by the City Council of the City of Moorpark at a meeting held on the 16th day of DECEMBER___, 1992, and that the same was adopted by the following vo -e: AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ, WOZNIAK AND NOES: MAYOR LAWRASON NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 21st day of DECEMBER 1992. F. Hire City Jerk. .W_ PAUJ W IAWHASUN ,114 ;r'„N + wVINU.� i r M ,•d S. .i. NO 14Y M:fvor ,,,.l��n P") n ARTICLE I TERM Sec. 101 TERM: This Memorandum is effective from July 1, 1992 up to and including Midnight, June 30, 1993. Sec. 102 SUCCESSOR AGREEMENT: In the event the Public Employees Association of Ventura County desires to negotiate a successor Memorandum of Agreement, it shall provide to the City Manager, during the period of May 1, 1993 through and including June 3, 1993, 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 Local 998) . It is agreed that this Agreement shall not be binding upon the parties, either in whole or in part, unless and until approved by Local 998 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 appro-.,ed by both parties. ARTICLE 3 RECOGNITION This Agreement shall apply only to persons employed in permanent full or part -time positions in the followi.nq bargaining units: GENERAL UNIT: Account Clerk Account Technician Administrative Clerk Administrative Secretary Associate Planner Assistant Planner Code Enforcement Officer Code Enforcement Technician Maintenance Worker I and II Planning Technician Receptionist Records Clerk Recreation Coordinator Secretary Senior Coordinator SUPERVISORY /CONFIDENTIAL UNIT: Deputy City Clerk Executive Secretary Finance Officer Lead Maintenance Worker Maintenance and Operations Supervisor Recreation Supervisor Senior Planner ARTICLE STAFFING AND CLASSIFICATIONS CLASSIFICATIONS AND DUTIES: The City shall employ workers specific duties of their job descriptions and assign employees duties" only in the absence of employees in full time o permanent budgeted positions or in peak workload or emergency ARTICLE 5 RETIREMENT within the to "related r part time situations. Sec. 501 PAYMENT OF EMPLOYEE RETIREMENT CONTRIBUTION: The City shall pay the employee contribution, not to exceed seven percent (7 %) of base salary, to '.he 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 Local 998 but is not required to meet and confer on said implementation. ARTICLE 6 SALARY PLAN Sec. 601 SALARY ADJUSTMENTS: The City agrees to adjust wages of classes in the bargaining units covered by this Agreement by three percent (3 %) effective with the payroll period beginning December 26, 1992. 'Those classifications with the "EX" notation are exempt from the payment of overtime except as provided for in Section c02 B. Classification Account Clerk Account Technician Administrative Clerk Administrative Secretary Assistant Planner Associate Planner "EX" Code Enforcement Officer Code Enforcement Technician Deputy City Clerk "EX" Executive Secretary Finance Officer "EX" Lead Maintenance Worker Maintenance & Operations Supervisor Maintenance Worker I Maintenance Worker II Planning Technician Receptionist Records Clerk Bi- weekly Salary( Range $ 779.50 - $ 947.49 $ 994.86 - $1209.25 $ 673.36 - $ 818.48 $ 859.40 - $1044.60 $1151.67 - $1399.86 $1399.86 - $1701.54 $1151.67 - $1399.86 $ 947.49 - $1151.67 $ 859.40 - $1044.60 $1044.60 - $1269.71 $1543.34 - $1875.95 $ 947.49 - $1151.67 $1209.25 - $1469.85 $ 779.50 - $ 947.49 $ 902.37 - $1096.83 $1096.83 - $1333.20 $ 779.50 - $ 947.49 $ 742.38 - $ 902.37 Recreation Coordinator $ 902.37 - $1096.83 Recreation Supervisor "EX" $1269.71 - $1543.34 Secretary $ 779.50 - $ 947.49 Senior Coordinator $ 779.50 - $ 947.49 Senior Planner "EX" $1543.34 - $1875.95 Sec. 602 RETROACTIVE SALARY INCREASE: For the payroll period beginning June 29, 1992 and ending December 25, 1992, classes in the bargaining units covered by this Agreement, shall receive a retroactive three percent (3%) salary increase. The City shall apply this increase to all applicable salaries for those persons employed as of December 26, 1992. City further agrees to make this retroactive payment within thirty (30) days of approval of this Agreement. Sec. 603 OUT -OF -CLASS ASSIGNMENT /TEMPORARY ASSIGNMENT: A. The term "out -of -class assignment,' shall mean the temporary assignment of an employee to a position 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 classifications whose specific duties and responsibilities require 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 ✓acancy 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 .i 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 examinatio•i may be 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 position 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 regjirements for the first assignment to a class: 1. Be a permanent c,r probationary employee immediately preceding the temporary assignment. 3 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 eligibility 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 shall 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, 1993. 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 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 employee - plus -one dependent rate for medical, optical and dental plans, not to exceed payment of $175 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. ARTICLE 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 r.� 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. Sec. 802 The employee using sick leave during the work week and who is subsequently required to work extra hours shall have the option of being paid at the straight time rate or reduce their charge against their sick leave accrual. An employee who is eligible for Administrative Leave and who is required to work four or more hours beyond the normal work day may request the Department Head to use Administrative Leave or adjust their schedule on the subsequent day so long as the adjusted schedule includes eight (8) hours of actual work, unless Administrative Leave or other Leave is used. 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 whi —i 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 it any time. B. The Deputy City Clerk, Finance Officer and Recreation Supervisor are exempt from compensation for overtime. Employees in the aforementioned classifications shall accrue five (5) days of Administrative Leave for the fiscal year. Said 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 wLshes 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 yeaz. 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 b,s -1 upon their regular rate of pay. C. 1. Associate and Senior Planners shall be paid at straight time rate or shall receive equal compensating time off for all overtime hours worked for which City can charge said hours against deposits of other than City General funds consistent with applicable City and State laws, rules, policies and procedures. If overtime is the result of attendance at a meeting of the City Planning Commission, Parks and Recreation Commission and /or other official meetings commencing after 5:30 p.m. or on weekends or holidays, no one deposit may be charged more than six (6) hours for any one employee nor more than a total of six (6) hours for any one meeting. An employee required to work more than four (4) hours at an official meeting not billable to a project deposit may claim the balance of hours worked as Administrative Leave per 2., below. Said claim must be approved by the City and shall begin at the commencement of the meeting, the employee's arrival at the meeting or time directed to arrive at the meeting, whichever is later. 2. For each of the first forty (40) hours of overtime in the 1992 -93 fiscal year for which compensation is not paid per 1., above, the employee shall receive one hour of Administrative Leave calculated at the straight time rate. 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 ur.leSS 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, except for those classifications specified in No. 6 of Article 17 of this Agreement. For all affected employees in those specified classifications, the City shall provide no less than one (1) week advance notice of any scheduled weekend, night work, and /or other changes to the regular scheduled work week, except that in City's sole discretion as a result of an urgent need or special circumstance, the City may give less notice. ARTICLE 10 TEXTBOOK AND TUITION REIMBURSEMENT 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 satisfactor:l•i ompleted on the employee's own time. Sec. 1002 COURSES ELIGIBLE: The following criteria will be used in determining eligibility for reimbursement: A. Courses must have a reasonable 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. %*V. Sec. 1004 COURSES NOT ELIGIBLE FOR REIMBURSEMENT: A. Those taken to bring .nsatisfactory 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. 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. 7 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 cn-- il) 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 :os*. to the City. *AW 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; 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 precedinq Friday shall be the holiday in lieu of the day observed. If a paid assigned holiday falls on a Sunday, the 0 4W 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 and who is not required to work on said 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 ie 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 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 zo additional report or further disciplinary action was taken on the same or similar offense during the intervening two (2) year period. ARTICLE 14 LOCAL 998 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 Local 998 up to one (1) hour per month time to attend Local 998 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, Local 998 paid staff are authorized to visit work stations of Board members to obtain signatures on official Local 998 documents. It is further agreed that officers, executive board members and unit representatives (unit stewards) will conduct all other Local 998 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: Local 998 may designate a unit representative in each bargaining unit to represent those employees in their respective units. Local 998 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 under the Grievance Procedure, and the City shall grant the representative a reasonable amount of official accrued time off for this purpose. Sec. 1403 INTERDEPARTMENTAL MESSENGER SERVICE (BROWN MAIL): The County's interdepartmental messenger service (brown mail) may be used for individual business- oriented communication between employees who are represented by Local 998 and between the paid staff of Local 998 and such employees, provided that paid staff of Local 998 shall pick up and deliver all messages being communicated outside they City's /County's normal distribution route and provided written concurrence for use of the brown mail is received from the Ccunty 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 Local 998 members, dues and monies for benefit programs in the amounts certified to be current and correct by the Executive Director of Local 998. There shall be no more than one such •. leduction per employee per pay period. Said deductions shall )-ily 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 Local 998. This authorization shall remain in full force and effect until revoked it writing by the employee or until the employee terminates Cit} employment. The City and Local 998 mutually agree that both parties and their respective officers, employees and agents be saved, indemnified and held harmless from any liabi:_ty due to errors and omissions arising out of the other party'E is,, of the Local 998 - sponsored deduction code. 10 W✓ **W ARTICLE 15 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 fallowing sections of said rules and regulations as follows: Section 2.3 Add: 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 cif eight (8) hours or more per week. Section 4.14 Compensation during suspension: Add: Insurance contributions during any suspension of five (5) days or less will be continued. Section 13.3 Leave of absence without pay: Add: Paid benefits will be continued through the balance of the premium period, not to exceed one ') montl. 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 �f vacatior leave may be selected by the 11 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 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 qW shall be inserted in its place: Section 14.1 Iniuries 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 selected in writing in advance. The City shall retain medical control f•)r the first thirty (30) days after an 12 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 City of Moorpark a Doctor's 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 tl�• 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 job 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 days 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 use 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 action against a third party to recover for injuries or disabilities for which the City has made payments of salary or compensation, shall 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 foi 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 +ie iisabLlity shall be restored to the employee's account. 13 Section 14.4. Disability Evaluation: A. Modified work program resulting from injury or illness. There are no permanent modified light duty positions in the City of Moorpark. The purpose of this section is to establish a uniform procedure regarding temporary modified work /return to work program. It shall be the policy of the City of Moorpark, to assign modified work to employees who are temporarily disabled from the usual and customary job duties as a result of an on -the- job /off -work injury or illness when such temporary modified work is within the limitations prescribed by a City- approved physician or employee- approved physician according to the following definitions, responsibilities and procedures. DEFINITIONS: 1. On- the -lob iniury or illness: Injury or illness which occurs in the course of the employment. 2. Off -work iniury or illness: Injury or illness which occurs during non -work periods and is non - industrial in origin. Modified work: The temporary restructuring and /or modifications of work, duties or tasks. PROCEDURES: In any instance which the employee is to be considered for modified work, the work assignment(s) are to be within the limitations prescribed by a city- approved physician or employee- approved physician. The following procedures are set forth: 1. City- approved physician or employee- approved physician shall be expected, within the conduct of acceptable medical practice, to release employees, who would otherwise be temporarily totally disabled, to modified duty and to fully describe the employee's limitations in sufficient detail to enable the City to determine and provide suitable temporary modified work. 2. If medically feasible, the employee must provide a statement from the physician which includes an estimate as to an expected date of recovery from the injury or illness and to the extent the employee can be returned to full work status. Such dates can be adjusted based upon an accelerated or a prolonged period of rehabilitation or recovery. Upon receipt of the doctor's release, the City Manager or his designee and the department head shall review the medical release and determine if the respective department to where the employee is assigned has available duties which would permit the employee to perform under the temporary modified work program. 4. If the temporary modified work is unavailable within the employee's usual department, other departments shall be contacted and attempts shall be made to provide a suitable work assignment or a temporary basis. 14 5. If no suitable temporary modified duty task is available as a result of the specific types of injury or illness, the employee shall not be permitted to participate in the modified duties program. 6. All temporary modified duty assignments shall be reviewed by the City Manager or his designee and department heads every 30 days. 7. Upon release to regular work without restrictions, the employee shall be returned to his /her regular work unit and resume his /her regular duties. 8. The employee, during the period of temporary modified work shall be entitled to accumulate pay and benefits at the same rate of pay and benefit accumulation as if the employee were working his /her regular duties. Rate of pay and benefit accumulation shall be prorated if the employee works less than 40 hours per week during the period of temporary modified work. Personnel action requests shall reflect the work period but shall also indicate a notation that the employee is on modified work. Said notation is for record keeping purposes only. B. when medical evidence ootained by the city- approved physicians and /or employee- approved physicians indicate that the injured employee will never be capable of returning to the full duty position, the City Manager shall render a determination on employment as outlined :n Section 14.5. Likewise, whenever an employee has been deemed medically permanent and stationary by a city- approved physician and /or an employee- approved physician and it is indicated that said employee is medically incapable of returning to full duty, a determination on employment shall be made by the City Manager pursuant to Section 14.5 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 the 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 Citv 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 'Dr consideration towards completion of the probationary period. Section 14.1. 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 course of employment as defined under the Worker's Compensation laws. In such contested industrial injury claims, the City of Moorpark s; .-ia1: refrain from payment of temporary 15 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. ARTICLE 17 MISCELLANEOUS PROVISIONS The following items are to be included 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. Effective December 26, 1992, the work week for all employees in classifications covered ty this agreement shall commence at 16 12:01 a.m. on Saturday and conclude at 12:00 midnight on Friday. 3. Effective with the payroll period beginning December 26, 1992, the City shall pay compensation at the rate of 20 cents ($.20) per hour for all hours actually worked, including vacation and City holidays, but not for any other time off (sick leave, disability, etc.) for up to forty (40) hours per week for those employees with the demonstrated ability to effectively speak and understand Spanish. Qualification for this pay shall be determined by the City at its sole discretion. 4. Uniforms and Safety Equipment: For Code Enforcement Officer and Code Enforcement Technician classifications, City will provide four (4) uniform shirts, two (2) pants and one (1) jacket at the time of hiring. City shall replace a maximum of two (2) shirts and two (2) pants per fiscal year and the replaced item shall be returned to the City. The jacket shall be replaced as a result of normal wear and as mutually agreed upon. City shall reimburse employee for dry cleaning for two shirts and two pants per week, with cost not to exceed the usual and customary rate. Any tailoring costs shall be borne by the employee. For the Maintenance & Operations Supervisor, Lead Maintenance Worker, Maintenance Worker II and Maintenance Worker I, City shall provide /replace one (1) pair of City approved safety shoes (boots) for each employee at a cost not to exceed $150.00 for each fiscal year. The purchase/ replacement shall be pre - approved by the Department Head and shall be done on a reimbursement basis or paid directly to the vendor as mutually agreed upon. An approved reimbursement shall be made within thirty (30) days of City's receipt of appropriate documentation including but not limited to a receipt. 5. Modify Sec. 8.1 so that advancement "to permanent status on the f irst day of the next regular period" is made consistent with Sec. 4.5 granting any salary increase "effective as of the first day of the pay period in which the anniversary date occurs." 6. The City will include a reference in the specified job classifications relating to the occasional need to adjust the work week, day or hours to serve the interest of the City's operation and mission. The job classifications are Code Enforcement Officer, Code Enforcement Technician, Maintenance & Operations Supervisor, Lead Maintenance Worker, Maintenance Worker I and II, Recreati)n Coordinator and Senior Coordinator. 7. So long as an employee has at least 240 hours of accrued sick leave as of December 31, 1992, the employee may choose to convert up to 40 hours of the accrued sick leave to accrued vacation leave. The employee must submit his /her written declaration to convert up to 40 hours of accrued sick leave to accrued vacation to the City Manager between December 1 and December 31, 1992. Once the sick leave is converted to vacation, it shall be sub;ect to the provisions of Section 13.5 of the City's Personnel Rules. This language replaces the conversion option contained in the 1991/92 agreement as contained in the June 19, 1991 letter from Steven Kueny, City Manager, to Mr. Lawrence F. Wear, Jr. 8. The City shall maintain a one -half hour lunch and its ability to have the work day s':art as late as 8:00 a.m. for employees 17 in the Maintenance Worker I and II, Lead Maintenance Worker and Maintenance & Operations Supervisor classifications, except for the Maintenance Worker assigned to the Community Center and /or similar facilities. c: \wp51 \wpdocs \MOA92.93 .h(v 18 RIMA, f Ise ce-her 10, 1992 RECEIVED Service Employees International, ) �d1'f�AErti LOCAL 998, AFL -CIO, CSC Public Employees Association of Ventura County 2472 Eastman Avenue Urn; 3n Ventura. California 93003 • Phone (805) 644 8291. 6560243 Stevan Kueny, City Manager City of Moorpark 799 Moorpark Mo(',il,.i:-k, CA 93021 Dear ';teve : Fixed and mailed 12/10/92 This is notice that the employees; represented by the Union have voted to accept the draft MOA pr-o!-,,,r * ed by you on December 9, 1992. Please ask the Council to accent in i it prove the agreement so that it may be implemented. Very truly yours, Lawrence E. Wear, Jr Associate ate Di rector wayn`e 8cryc ?r Uri it PrNe�5i dent .