HomeMy WebLinkAboutAGENDA REPORT 1993 1006 CC REG ITEM 08L ITEM • � e
AGENDA REPORT
CITY OF MOORPARK , '='�
__ 1493
TO: Honorable City Council ACTION:
FROM: Steven Kueny, City Manager j- B AO ,
DATE: October 1, 1993 (CC Meeting of 10/6/93)
SUBJECT: Consider Approval of Agreement with SEIU for
1993/94 and 1994/95.
City staff has concluded its meetings with the Employees
Association for a successor agreement for the year ending
June 30, 1993 . We have reached agreement on terms and
conditions of employment for a two-year agreement extending
through June 30, 1995.
Enclosed is the proposed Memorandum of Agreement with changes
and additions shown in legislative format from the prior
agreement (deletions are not shown) . Major points include:
1. Two (2) year agreement;
2 . 2 1/2% cost-of-living retroactive to July 10, 1993, for
FY 1993/94; and 2 1/2% cost-of-living for FY 1994/95,
which may be suspended at the Council 's sole discretion
as an alternative to layoffs and/or reductions in hours.
3 . Clarification on the applicability of call-back pay when
an employee is called at home or paged after hours or on
weekends.
4. The merit salary plan is modified beginning 1994/95 to
replace the current five-step plan with a nine-step plan
with 2 1/2% increments for each step instead of the
current 5%. With this, the range is increased by five
percent (5%) . As part of this change, the City Manager
will convene one or more committees to assist in
developing criteria for judgment of performance
standards. This is important in that merit increases
will now be awarded only if an employee is rated one
level above satisfactory. As you are aware, an employee
rated satisfactory currently receives a five percent
(5%) increase.
5. The City Manager will convene a committee of employees
to review available health plans. The City and
Association agree to meet and confer on the amount of
dependent premiums to be paid in the 1994/95 fiscal year.
6. The Recreation Supervisor's classification is removed
from exempt status of overtime. The City's ability to
adjust the work shift of this and other specified
classifications has been clarified.
7. The inclusion of father-in-law and son-in-law in the
definition of immediate family for purposes of
bereavement leave.
8. Additional language concerning the use of sick leave so
that persons with less than 24 hours of accrued sick
leave must provide a doctor's certificate to be able to
use any of the remaining sick leave. The City Manager
will also convene a committee to review the definition
of an employee's immediate family and to establish
criteria for when leave can be taken to care for a
person defined as part of the immediate family.
The agreed upon increase in the biweekly salary ranges has
not been included in the Memorandum of Agreement but are
included as a separate attachment.
STAFF RECOMMENDATION:
Approve Memorandum of Agreement with SEIU and authorize the
City Manager to sign on behalf of the City.
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Attachments
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ARTICLE I
TERM
Sec. 101 TERM: This Memorandum is effective from /9,/, ,wA,
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, ' W', through and including June 3, / ; 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
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 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 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: 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-TIER RETIREMENT SYSTEM: The City may implement a two-tier retirement system as
provided for by PERS. Prior to implementation of the two-tier 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 Cit a:rees to ad'ust wares of classes in the bargaining units
covered by this A_reement b /rye ys s ��<. .'�r 4'�/s/l /�i/i% effective with the •a roll
.;.'r•'J�r/rf e�Oa7•/''/rr¢9/r/�i4/' / d �$
,/eriod be.ronin. .,go/�t 0r, oos fv i //// y0. ;,-
1/?471,P4 � /( � / s i S / ri /r/ % '74,:,R40,447•07 ars /y/ x�� /�
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Those classifications
with the "EX" notation are exempt from the payment of overtime except as provided for in
Section 902 B.
Bi-weekly
Classification Salary Range
Account Clerk $
Account Technician $
Administrative Clerk $
Administrative Secretary $
Assistant Planner
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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
Recreation Coordinator
Recreation Supervisor $
Secretary
Senior Coordinator $
Senior Planner "EX" $
Sec. 602 RETROACTIVE SALARY INCREASE: j - %%%%Aor the payroll period beginning
•%;„/„/6%:v„/y50 classes in the bar.ainin! units covered
by this Agreement, shall receive a retroactive �/;-! ,-s, ' salary
increase. The Cit shall asply this increase to all applicable salaries for those persons
employed as of :i /. /m4,.. 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
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.
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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 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
requirements for the first assignment to a class:
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 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.
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Sec. 606 SALARY ADVANCEMENT: Overlooked advancements shall be retroactive to the employee's
anniversary date upon approval by the City Manager.
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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.
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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 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.
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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
at any time.
B. The Deputy City Clerk and Finance Officer 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 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.
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
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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 '::; fiscal years 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 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, 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 satisfactorily completed
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.
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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.
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.
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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;
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
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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 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 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 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, Mg,:;', %s•' : ,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
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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 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 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
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 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 Local 998 mutually agree that both parties and their respective officers,
employees and agents be saved, indemnified and held harmless from any liability due to
12
errors and omissions arising out of the other party's use of the Local 998-sponsored
deduction code.
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 following 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 of 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 (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,
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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 fort (240) hours of vacation beyond December 31 of each year fr:,-.y-%,%
p .va A,,er' 0.M 31400. . If an employee has accrued vacation time beyond the maximum
as of December 31 under an circumstances other than the Cit 's restrictions due to service
demands ,. ow—v?, ,as, esi604. s,. ,.,;;,/s// ..r , ♦ vo/s 4,/ , 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 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.
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1
•
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 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 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 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 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 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.
15
•
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.
DEFINITIONA
1. On-the-job injury or illness: Injury or illness which occurs in the course of the
employment.
2. Off-work injury or illness: Injury or illness which occurs during non-work periods and
is non-industrial in origin.
3. 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.
3. 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.
16
•
•
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 on a temporary basis.
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 obtained 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 in
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 City Contributions to Retirement and 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.
17
•
•
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 course 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.
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.
18
2. Effective December 26, 1992, the work week for all employees in classifications covered by
this agreement shall commence at 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
I1 and Maintenance Worker 1, 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 first 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 & O,erations Supervisor, Lead Maintenance Worker, Maintenance Worker I and
I1, •,4 ',001, %'44•yi2s;4. , Recreation Coordinator and Senior Coordinator.
7. So long as an employee has at least 240 hours of accrued sick leave as of December 31 %S's
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. Once the sick leave is converted to vacation, it shall be
sub'ect to the srovisions of Section 13.5 of the Cit 's Personnel Rules /%%S e%a / 4
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8. The City shall maintain a one-half hour lunch and its ability to have the work day start as
late as 8:00 a.m. for employees in the Maintenance Worker I and 11, Lead Maintenance Worker
19
and Maintenance & Operations Supervisor classifications, except for the Maintenance Worker
assigned to the Community Center and/or similar facilities.
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