HomeMy WebLinkAboutReso 93-2002"' RESOLUTION NO. 93-2002
CITY COUNCIL CITY OF SOUTH SAN FRANCISCO
A RESOLUTION APPROVING MEMORANDUMS OF UNDERSTANDING
BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE SOUTH SAN
FRANCISCO CHAPTER OF THE INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS AND THE POLICE ASSOCIATION, AND COMPENSATION
PLAN BEqWVEEN THE CITY AND THE PUBLIC SAFETY MANAGERS
RECITALS
WheTeas, the City and representatives from the South San Francisco Chapter of the
Internationff_ Association of Firefighters, the Police Association and Public Safety Managers
have agreed upon their respective Memorandums of Understanding and Compensation Plan.
Now, therefore, the City Council of the City of South San Francisco does hereby resolve
that the Memorandums of Understanding between the City and the South San Francisco Chapter
of the Interr ational Association of Firefighter and between the City and the Police Association,
as shown in Exhibit A hereto are hereby approved and the City Manager is hereby authorized to
sign the agreements on behalf of the City;
Be it further resolved that the Compensation Plan between the City and Public Safety
Managers as shown is Exhibit B is hereby approved and the City Manager is hereby authorized
to sign the agreement on behalf of the City.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a regular meeting held on the 23rd day of
October 2002 by the following vote:
AYES:
Councilmembers Joseph A. Fernekes, Raymond L. Green and Karyl Matsumoto,
Mayor Pro Tem Pedro Gonzalez and Mayor Eugene R. Mullin
NOES: None.
ABSTAIN: None.
ABSENT: None.
ATTEST:
Deputy City Clerk
South
Compensation ]Dian
between the
iDublic Safety Managers
and the
City of South San Francisco
January I, 2002 through December $1,2004
Published by
H,,m.,~ Resources Dcpar~ncm
City of South San Francisco
Street Address:
First Floor City Hall
400 Grand Avenue
South San Francisco CA 94080
Web Site
www.ssf.net
Maili,ag Address:
P. O. Box 711
South San Francisco CA 94083
650/877-8522 Tel
650/829-6699 Job Line
650/829-6698 Pax
Benefit Infermalian 650/877-8523
P,¢cmiunent Information 650/829-6693
City of South San Francisco
Public Safety Management Compensation P~an
Table of Contents
1 2ub~c Sffety M~agers Defined ............................................................................. 1
2 Sfl~ ....................................................................................................................... 1
2.1 hcreases ('~e Too Clause") ......................................................................... 1
2.2 Classification Compaction ............................................................................. 1
2.3 Sfl~ Schedule ............................................................................................. 1
2.4 Tempor~ Assi~ent to a ~gher-level Positions ...................................... 1
3 O~er Pay ................................................................................................................. 2
3.1 ~ngevity Pay ................................................................................................ 2
3.1.1 ~er 15 Yems of Se~ice .................................................................... 2
3.1.2 ~er 20 Yems of Se~ice .................................................................... 2
3.2 Ex~a S~ Pay ............................................................................................... 2
3.2.1 Qu~fying S~s ................................................................................. 2
3.2.2 Compensation ~o~t ........................................................................ 2
3.2.3 Depment Head Review ................................................................... 2
3.2.4 No ~ect on Employee's ~ght to Ove~e ..................................... 2
4 Pa~ent of Compensation ....................................................................................... 2
5 Hefl~ ~d Weff~e Benefit Pl=s ............................................................................ 3
5.t Me~cfl ~s~=ce .......................................................................................... 3
5.1.1 Av~lable Me~cM Plus .................................................................... 3
5.1.2 Pa~ent of ~e=m Cos~ ............................................................... 3
5.1.3 Eff~five Date of Coverage ............................................................... 3
5.1.4 Domestic P~er Coverage ............................................................... 3
5.1.5 Me~cfl hsd=ce for Employees ~o Rede .................................. 3
5.2 Dentil hs~ce ............................................................................................ 3.
5.2.1 Av~lable PI~ .................................................................................... 3
5.2.2 Pa~ent of Pre=m Costs ............................................................... 3
5.2.3 Effective Date of Coverage ' 3
5.2.4 Dentil ~s~ce for Employees ~o Rede .................................... 4
5.3 Vision Ms~ce ............................................................................................ 4
5.3.1 Av~lable PI~ .................................................................................... 4
5.3.1.1 Tint Coverage ....................................................................... 4
5.3.2 Pa~ent of Pre~ Costs ............................................................... 4
5.3.3 Effective Date of Coverage ............................................................... 4
5.3.4 Vision hs~ce for Employees ~o Rede .................................... 4
5.4 Discrefion~ Benefit Option ......................................................................... 4
5.4.1 Proof of ~temate hs~ce .............................................................. 4
5.4.2 Me.od of Computation ..................................................................... 4
5.4.3 Exercising ~e Option ........................................................................ 4
5.5 ~fe ~d Accident~ Dea~ ~d Dismembe~ent ~s~ce .......................... 5
5.5.1 Tern ~fe Vflue ................................................................................ 5
City of South San Francisco
Public Safety Managers Compensation Plan
Page
5.5.2 AD&D Value ..................................................................................... 5
5.5.3 Payment of Premium Costs ............................................................... 5
5.5.4 Effective Date of Coverage ............................................................... 5
5.6 Disability Insurance Program ........................................................................ 5
5.6.1 Short-term Disability ......................................................................... 5
5.6.2 Long-term Disability ......................................................................... 5
5.6.3 Payment of Premium Costs ............................................................... 5
5.6.4 Effective Date of Coverage ............................................................... 5
5.7 Section 125 Plans ........................................................................................... 5
5.7.1 Health Care Reimbursement .............................................................. 5
5.7.2 Dependent Care Reimbursement ....................................................... 5
5.8 Section 457 Deferred Compensation Plan ..................................................... 5
5.9 Retirement Plans ............................................................................................ 5
5.9.1 Optional Provisions Added ........................... : ..................................... 5
5.9.1.1 Survivor Allowance ................................................................ 6
5.9.1.2 Single-highest Year Compensation ......................................... 6
5.9.1.3 Military Service Credit ............................................................ 6
5.9.1.4 Sick Leave Service Credit ....................................................... 6
5.9.1.5 Retirement Enhancement Formula .......................................... 6
5.9.2 Employee Contributions to Retirement System .................................. 6
5.9.3 IRS Tax Exemption ............................................................................. 6
5.10 Education Expense Reimbursement Program ............................................... 6
5.10.1 Education Expense Reimbursement Amount .................................... 6
5.10.2 Qualifying for Education Expense Reimbursement Program ........... 6
5.10.3 Reimbursement Request .................................................................... 6
5.10.4 Repayment of Course Costs ............................................................... 7
5.11 Deceased Employee/Retiree Benefits ............................................................ 7
5.12 Payment of Unused Accumulated Sick Leave ............................................... 7
5.12.1 Accrued After 7/1/86 ......................................................................... 7
5.12.2 Payment of Unused Accumulated Sick Leave for Certain 7
Employees, Retroactive .....................................................................
Holidays ................................................................................................................... 7
6.1 Monday Through Friday Employees ............................................................. 7
6.2 Continuous Service Employees ..................................................................... 7
6.2.1 Battalion Chiefs ................................................................................. 8
6.2.1.1 Full-day Holidays ................................................................. 8
6.2.1.2 Half-day Holidays ................................................................ 8
6.2.2 Other Employees ............................................................................... 8
6.2.2.1 Full-day Holidays ................................................................. 8
6.2.2.2 Half-day Holidays ................................................................ 8
6.3 Paid Status Before and After a Holiday ......................................................... 8
6.4 Observed Full-day Holidays .......................................................................... 8
Page iii
City of South San Francisco
Public Safety Managers Compensation Plan
6.5 Observed Half-day Holidays ......................................................................... 8
6.6 National Day .................................................................................................. 8
6.7 Days of Holiday Observation ........................................................................
6.8 Discretionary Holiday .................................................................................... 9
6.9 Holidays Worked for M-F Staff .................................................................... 9
7 ]~aves ...................................................................................................................... 9
7.1 Vacation Leave .............................................................................................. 9
7.1.1 Length of Continuous Service ............................................................. 9
7.1.2 Vacation Maximum Accrual ............................................................... 9
7.1.3 Payment on Separation ........................................................................ 9
7.1.4 Vacation Leave Compensation ........................................................... 9
7.1.5 Amount Used for Each Vacation Day ............................... : ................. 10
7.2 Administrative Leave ..................................................................................... 10
7.2.1 Administrative Leave .......................................................................... 10
7.2.2 Supplemental Administrative Leave ................................................... 10
7.2.2.1 Qualifying for Supplemental Leave ....................................... 10
7.2.2.2 Recommending Supplemental Leave .................................... 10
7.2.2.3 Unused Supplemental Leave ................................................. 10
7.3 Nondndustrial Sick Leave ............................................................................. l0
7.3.1 Accrual ................................................................................................ 11
7.3.1.1 Accrual Prior to 7/1/86 ......................................................... 11
7.3.2 Sick Leave Conversion ....................................................................... 11
7.3.3 Usage ................................................................................................... 11
7.3.3.1 Fire Shift Employees ............................................................ 11
7.3.4 Definition of a Separation from City Employment as a Result of a
Work-related Injury or Illness ............................................................. 11
7.3.5 Sick Leave Management Policy .......................................................... 11
7.3.5.1 Review Standard .................................................................... 11
7.4 Medical Appointment Leave ......................................................................... 11
7.5 Paid Family Care Leave ................................................................................. 11
7.5.1 Definition of Family Member for Paid Family Care Leave ................ 11
7.5.2 Eligibility for Paid Family Care Leave ............................................... 12
7.5.2.1 56-hour Employees .............................................................. 12
7.5.2.2 40-hour Employees .............................................................. 12
7.5.2.3 Elimination of Leave ............................................................ 12
7.5.3 Sick Leave as Family Care Leave ....................................................... 12
7.5.3.1 Definition of Family Member for Sick Leave as Family
Leave Purposes ..................................................................... 12
7.5.3.2 Leave Amount ...................................................................... 12
7.5.4 Concurrent Use of Leave .................................................................... 12
7.5.5 Leave Accounting ............................................................................... 12
7.6 Bereavement Leave ....................................................................................... 12
City of South San Francisco
Public Safety Managers Compensation Plan
Page iv
. ~ ~ ' ' ' · ~ . ', ~;" '.. ' , ' -~.' ..~: "'~", "~':,~' .'~ ~ "~ '.~ ~,~. ..... '~,~: .... ' ~ 'r ",'~ "' ," . :' "'" "~ "? '~' '" ~ '~ '4'" "~'" ".~ ~ ,' :" . ,~ ' .~'~ ~ ~' '
7.6.1 Definition of F~m~ly Member ............................................................. 12
7.6.2 Leave Within California ...................................................................... 13
7.6.3 Leave Outside California .................................................................... 13
7.7 Industrial Injury Leave .................................................................................. 13
7.8 Military Leave ............................................................................................... 13
7.9 Pregnancy Disability and Childcare'Leave .................................................... 13
7.10 Disability Leave ............................................................................................. 13
7.10.1 Separate Employee from City ............................................................ 13
7.10.2 Leave of Absences ............................................................................. 13
7.10.3 90-day Qualification Period ............................................................... 13
8 Recreation Facilities and Programs ......................................................................... 14
8.1 Admission to Classes ..................................................................................... 14
8.2 Use of Facilities ............................................................................................. 14
9 Grievance Procedure ................................................................................................ 14
10 Disciplinary Action .................................................................................................. 14
11 Administration of Compensation Program .............................................................. 14
11.1 Full and Entire Agreement ............................................................................. 14
11.2 Administration of Program ............................................................................ 14
1 !.3 Annual Meeting ............................................................................................. 14
12 Signatures ................................................................................................................. 15
Appendix A Public Safety Managers Classifications .............................................. 16
Appendix B Salary Adjustment ............................................................................... 17
Appendix C Side Letter of Agreement: Dental and Retiree Medical Benefits ........ 18
Appendix D Staff Report Appendix ........................................................................ 19
FAF'tl~ Oabinet~l~fions~PSlvlhMOIJ~SM ~ 02-04 doc.doc
Public Safety Managers Compensation Plan
This Public Safety Managers Compensation Plan sets forth those salaries, benefits, and terms and
conditions of employment for those employees in the Public Safety Managers Unit (hereafter,
referred to as "employee"), in effect for the period beginning January 1, 2002 and continuing
through December 31, 2004, and thereafter unless modified by the City Council. This
Agreement may be extended to December 31, 2007 as indicated in Side Letter C.
1. Public Safety Managers Defined
The Public Safety Management Employee Unit shall consist of all full-time regular employees in
the positions designated in Appendix A, which are included in the exempt service of the City of
South San Francisco, and also includes such classifications as may be added to this Unit by the
City at a later date.
2. Sal
2.1 Increases ("Me Too" Clause): In order to ensure wage equity between the Pubhc Safety
Managers and their subordinate employee,s, Fire Service Public Safety Managers shall
receive the same percentage wage increase provided to the Firefighters Association
(IAFF) employees between 1/1/02 and 12/31/04. Pohce Service Public Safety Managers
shall receive the same percentage wage increase provided to the Police Association (PA)
sworn employees between 1/1/02 and 12/31/04. These increases shall begin on the same
date that the respective Association employees receive their wage increases. Public
Safet31 Managers shall not be guaranteed these increases, however, if given to IAFF or
PA employee after 12/31/04 or if the City and the Unit have not reached an agreement on
a successor Compensation Plan prior to 1/1/05.
2.2 Classification Compaction: To ensure an adequate salary spread for the Police Service
Public Safety Managers, the top step of the salary schedule for the Police Lieutenant
classizication, including all incentives, shall be no less than 15% above the top step of the
Police Sergeant classification, including all incentives. The Police Lieutenant and Pohce
Capta:n classifications shall maintain the same salary spread as currently in place.
2.3 Salary Schedule: Each Unit-covered position shall contain 5 pay steps. Individuals in
these positions may progress through the salary schedule based on satisfactory
performance, but no sooner than 6 months between steps 1 and 2, and 12 months between
steps 3, 4, and 5.
2.4 Temporary Assignment to Higher-level Positions: An employee assigned to the full scope
of the duties of a higher classification shall not be paid the salary of that higher
classification unless the employee serves in that capacity for 30-calendar days or more.
If this occurs, the employee shall receive the pay of the higher classification commencing
with the first day of said service. An employee so assigned must meet the minimum
qualif_cations for the position to which assigned.
City of South San Francisco
Public Safety Managers Compensation Plan
Page 2
Article 3. Other Pay
3.1 Longevity Pay: Public
3.2
Safety Management employees will receive an additional
compensation based on total years of full-time, regular employee City service, according
to the following schedule:
3.1.1 After 15 Years of Service: Each employee who has completed 15 years of service
shall have 1.5% increase in pay added to the employee's actual hourly rate of pay
for each hour in paid status.
3.1.2 After 20 Years of Service: In addition to 3.1.1 above, each employee who has
completed 20 years of service shall have an additional 1.0% increase in pay added
to the employee's actual hourly rate of pay for each hour in paid status.
Extra Shift Pay: Employees in the Battalion Chief and Police Lieutenant classifications
are eligible to receive extra shift pay for working an extra work shift for which they are
not normally scheduled. This pay does not apply if the Battalion Chief only works a
partial extra shift and does not apply when a Battalion Chief or Lieutenant is required to
attend meetings or complete assignments outside his/her regular work schedule.
3.2.1 Qualifying Shifts: Extra shift pay is only for work as defined above beyond the
employee's normal work schedule and is not for hours needed to attend meetings
or complete assignments.
3.2.2 Compensation Amount: Battalion Chiefs will be compensated at 1.5 times what
would be their 56-hour per week hourly rate of pay for each hour of the full shift
worked. Police Lieutenants will be compensated at 1.5 times what would be their
40-hour per week hourly rate of pay for each hour of the shift worked. This pay
mayor may not be PERSable as determined by PERS.
3.2.3 Department Head Review: The respective Police Chief or Fire Chief, or their
respective designees, will have the absolute discretion to determine the specific
shifts that qualify for this program, with no appeal rights for the employee.
3.2.4 No Affect on Employee's Right to Overtime: The Unit understands and agrees that
the City's decision to pay Battalion Chiefs and Lieutenants extra shift pay does
not change these employees' status as being exempt from overtime under the Fair
labor Standards Act and does not entitle them to overtime under this
Compensation Plan or state or federal law.
4. Payment of Compensation
Each employee shall be compensated on a biweekly basis. Payment will normally be made on
the Thursday immediately following the conclusion of the City payroll period. Each payperiod
consists of 14-calendar days and begins on Friday, which is the first day of the payperiod and
ends on the Thursday the last day of the payperiod. Employees who are on continuous paid
regular service for a partial payperiod shall receive pro-rated compensation for the payperiod at
the rate of 1/80th of the employee's biweekly salary rate for each hour of the payperiod that the
Page 3
City of South San Francisco
Public Safety Managers Compensation Plan
employee was on continuous paid regular service. All 56-hour employees shall receive prorated
compensation for the payperiod at the rate of 1/112 of the employee's biweekly salary rate for
each hour of the payperiod that the employee was on continuous paid regular service.
5. Benefit Pla s
Full-time regt.lar employees shall be eligible to receive insurance benefits, subject to the terms
and conditions of the City's contracts with health insurance providers, as follows:
5.1 Medical Insurance
5.1.1 Available Medical Plans: Eligible employees shall be permitted to select medical
insurance coverage for themselves and their eligible dependents from one of the
following HMO plans:
5.1.1.1 Kaiser Permanente Foundation Health "S" Plan.
5.1.1.2 Blue Shield.
5.1.2 Payment of Premium Costs: The City shall pay the premium cost for eligible
employees and their dependents to the insurance provider for the plan selected by
5.2
5.1.3
each employee.
Effective Date of Coverage: The
first of the month following the
submits a completed enrollment
effective date of health insurance shall be the
date of hire, .provided the employee properly
form within 31 days of the eligibility date.
Coverage.shall terminate at 12:00 michaight on the last day of the month in which
the employee is on paid status prior to separation from employment with the City.
5.1.4 Domestic Partner Coverage: Effective 9/1/02 domestic partner benefits, subject to
state and federal regulations and City requirements, are available to eligible
members.
5.1.5 Medical Insurance for Employees Who Retire: An employee who retires on a
service, industrial disability, or non-industrial disability retirement from the City
shall be provided the oppommity to continue health insurance coverage with one
of the City's plans, again, subject to the terms and conditions of the City's
contracts with its providers. The City shall continue to pay the premium costs for
the retiring employee only and the retiring employee shall bear the premium costs
for any dependents.
Dental Insurance:
5.2.1 Available Plan: Eligible employees and their dependents shall be provided dental
insurance through Delta Dental Plan of California - Progressive Plan.
5.2.2 Payment of Premium Costs: The City shall pay the premium costs for eligible
employees and their dependents to the insurance provider.
5.2.3 Effective Date of Coverage: Coverage is effective on the f~rst day of the month
following completion of 6 full-months of employment with the City, provided the
employee properly submits a completed enrollment form within 31 days of the
eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the
month in which the employee is on paid status prior to separation from
employment with the City.
City of South San Francisco
Public Safety Managers Compensation Plan
Page 4
5.3
5.4
5.2.4 Dental Insurance for Employees Who Retire: An employee who retires on a
service, industrial disability, or non-industrial disability retirement from the City
shall be provided the opportunity to continue dental insurance for themselves and
eligible dependents under the City's group plan by paying for the premium
payments through the City. The employee will be completely responsible for
these payments and for continuing the insurance coverage.
Vision Insurance:
5.3.1 Available Plan: Eligible employees and their dependents shall be provided Vision
Insurance Plan - Plan "B" with a $10.00 deductible.
5.3.1.1 Tint Coverage: Effective 9/1/02, smoked-color eyeglasses coverage will
be 'available for eligible employees and their dependents.
5.3.2 Payment of Premium Costs: The City shall pay the premium costs for eligible
employees and their dependents to the insurance provider.
5.3.3 Effective Date of Coverage: Coverage is effective on the first day of the month
following date of hire. Coverage shall terminate at 12:00 midnight on the last day
of the month in which the employee is on paid status prior to separation from
employment with the City.
5.3.4 Vision Insurance for Employees Who Retire: An employee who retires on a
service, industrial disability, or non-industrial disability retirement from the City
shall be provided the opportunity to continue vision insurance for self and eligible
dependents under the City's group plan by paying for the premium payments
through the City. The employee will be completely responsible for these
payments and for continuing the insurance coverage.
Discretionary Benefit Option. An employee may elect to receive deferred compensation
monies in lieu of medical, dental, and vision benefits through the City.
5.4.1 Proof of Alternate Insurance: The employee must provide proof of alternate
medical insurance and will be held responsible for maintaining own medical
insurance benefits through the alternate source.
5.4.2 Method of Computation: The City shall determine the total premium dollars for
employees who are members of each of the City's medical plans, and then divide
it by the number of members to get the average medical cost. The dental and
vision composite rates will be added to the average medical cost. This total will
be the mount deposited in the employee's deferred compensation account in lieu
of the paid medical, dental, and vision benefits.
5.4.3 Exercising the Option: Employees wishing to exercise this option may do so by
submitting a completed Discretionary Benefit Option form to the Human
Resources Department. Employees may change the discretionary benefit option
once each year during the open enrollment period for medical plans, or at another
time during the year provided the employee can demonstrate to the City's
satisfaction a bona-fide need.
Page 5
City of South San Francisco
Public Safety Managers Compensation Plan
5.5 Life and Accidental Death and Dismemberment Insurance:
5.5.1 Term Life Value: The Term Life Insurance for employees has a face value equal
to 200% of the employee's annual base earnings, rounded to the next higher
multiple of $1,000, if not akeady a multiple of $1,000. The maximum amount of
term life insurance after an eligible employee's 70th birthday is $100,000.
5.5.2 AD&D Value: Accidental Death and Dismemberment Insurance available for
employees is in an amount equal to 200% of annual base earnings, rounded to the
next higher multiple of $1,000, if not already a multiple of $1,000. The maximum
amount of AD&D after an eligible employee's 70t~ birthday is $100,000.
5.5.3 Payment of Premium Costs: The City shall pay the premium costs for eligible
employees to the insurance provider.
5.5.4 Effective Date of Coverage: Coverage is effective on the frrst day of the month
following date of hire. Coverage shall terminate on the date the employee ceases
to be an employee of the City.
5.6 Disability Insurance Program: Subject to the terms and conditions of the City's contract
with tY_e provider, full-time employees shall be provided Short-term Disability (STD) and
Long-term Disability (LTD) insurance. If an eligible and covered employee becomes
disabled while insured, the provider will pay benefits according to the terms of the group
policy after receipt of satisfactory proof of loss.
5.6.1 Short-term Disability: After a 20-day waiting period, an eligible employee may
receive 66-2/3 % of pre-disability earnings, reduced by any deductible income as
determined by the insurance carrier, up to a maximum monthly amount, until
LTD benefits begins.
5.6.2 Long-term Disability: After a 90-day waiting period, an eligible employee may
receive 66-2/3% of pre-disability earnings, reduced by any deductible income as
determined by the insurance carrier, up to a maximum monthly amount.
5.6.3 Payment of Premium Costs: The City shall pay the premium costs for medical,
dental, vision, and life insurance for eligible employees to the insurance
providers.
5.6.4 Effective Date of Coverage: Coverage is effective the first day of the calendar
month following the date of hire. Coverage ends on the date employment
terminates.
5.7 Sectior, 125 Plan: Based on the terms and conditions of the City's plan, each employee
may participate in the IRS-defined Section 125 plan.
5.7.1 Health Care Reimbursement: This program is available for out-of-pocket
unreimbursed health care expenses as allowed under the Plan.
5.7.2 Dependent Care Reimbursement: This program, is available for out-of-pocket
unreimbursed dependent care expenses as allowed under the Plan.
5.8 Sectior~ 457 Deferred Compensation Plan: Employees are eligible, subject to the terms
and conditions thereof, to participate in the Deferred Compensation Plans available to
City employees.
5.9 Retirement Plans: Eligible employees shall participate in the Public Employees'
Retirement System (PERS) Local Safety Members 2% at age 50 Formula.
5.9.1 Optional Provisions Added: Optional Public Agency provisions under the Public
City of South San Francisco
Public Safety Managers Compensation Plan
Page 6
5.10
Employees' Retirement System shall also be as set forth for the respective
specific police and fire units. They are generally as follows:
5.9.1.1 Survivor Allowance: 1959 Survivor Allowance as set forth in the Public
Employees' Retirement Law, third tier benefits.
5.9.1.2 Single-highest Year Compensation: One-year highest compensation as
set forth in Public Employees Retirement Law (PERL).
5.9.1.3 Military Service Credit: Military Service Credit as public service as
provided by law.
5.9.1.4 Sick Leave Credit Provision: Sick Leave Service Credit as set forth in
PERL.
5.9.1.5 Retirement Enhancement Formula: The 3% at age 50 retirement formula
will be provided for Public Safety Managers f~e members, effective the
payperiod including 12/1/02, and for Public Safety Managers police
members, effective the payperiod including 1/1/03.
5.9.2 Employee Contributions to Retirement Systems: The rate prescribed by PERS for
Safety Employees is 9% of salary. The remainder of any rate that may be
subsequently prescribed by PERS for employee contributions, shall be deducted
from employees' pay by the City in accordance with the roles and regulations
governing such contributions.
5.9.3 IRS Tax Exemption: The City has obtained an 4141-12 exemption from the Internal
Revenue Service granting a deferral from federal withholding taxes of that portion
of the employees contribution to PERS that was at one time paid by the City. The
exemption is for all employees in the Unit. Employees are responsible for
individual PERS contributions and receive the 414(h)(2) exemption.
Education Expense Reimbursement Program: All full-time regular employees are eligible
to participate in this program.
5.10.1 Education Expense Reimbursement Amount: An employee who takes a course at
an accredited institution of learning shall be eligible to receive reimbursement of
50%, not to exceed $500 per fiscal year for the costs of tuition, fees, and course
materials. Reimbursement is made upon successful completion of the course and
submission of a grade C or better or pass designation, if it is a pass/fall course. In
order to qualify for reimbursement, the employee must do the following:
5.~0.2 Qualifying for Education Expense Reimbursement Program: Prior to enrollment,
the employee must receive the written approval of the department head. The
employee will submit a description of the course and the request, briefly
describing the manner in which the employee believes the course may advance
the employee's career with the City and/or how the course is job-related. The
department head will make a determination to accept or reject the request.
5.10.3 Reimbursement Request: The employee must then submit a request
reimbursement to the City Manager, which includes the following:
5.10.3.1 A copy of the department head's written approval of the course.
5.10.3.2 A copy of the employee's grade for the course.
5.10.3.3 Receipts for all expenses related to the course with a total amount
requested for reimbursement.
Page 7
City of South San Francisco
Public Safety Managers Compensation Plan
5.11
5.12
5.10.4 Repayment for Course Costs: For every cumulative $500.00 of reimbursement for
educational expense that the employee receives, the employee must agree to
remain in City employment for an additional 12-month period. The employee
will be required to reimburse the City for the proportional amount of the
reimbursement received should the employee voluntarily separate from City
employment for any reason other than illness or injury before completing this
employment obligation.
Deceased Employee/Retiree Benefits: The City will allow the spouse of a deceased
employee/retiree to purchase insurance from a City-provided medical, dental, or vision
plan ar the City's premium rate, provided:
· There is no cost to the City.
· Tl-_e health provider does not require a City contribution.
· Tt:.e City is held harmless if the coverage is discontinued.
Payment of Unused Accumulated Sick Leave:
5.12.1 Accrued After 7/i/86: Upon separation from City employment as a result of a
work-related injury or illness, full service retirement after 10 years of service,
retirement at age 50, or death, an employee shall be entitled to be paid half of the
employee's accumulated sick leave at the time of the event. In no. case shall an
employee receive more than 600 hours (1/2 of 1,200 accrued hours) of paid sick
leave, regardless of any amounts credited on July 1986, for the period when the
90-day sick leave plan was in effect. Payment of unused sick leave shall be made
at the employee's actual hourly rate of pay. Battalion Chiefs who work a 56-hour
workweek will have their hourly rate converted to the 40-hour equivalent and
payment for excess sick leave pursuant to this provision shall be made at the 40-
hour rate.
5.12.2 Payment of Unused Accumulated Sick Leave for Certain Employees -
Retroactive: An employee who had accumulated unused sick leave as of 6/27/75,
under the discontinued sick leave accumulation plan, shall receive payment for
50% of the recorded hours, at the employee's discretion either within 60 days
from the date that this agreement goes into effect or upon the separation of the
employee from the City's employment at the employee's actual hourly rate of
pay. At the option of the employee, payment may be deferred to the fn:st
payperiod of the calendar year immediately following the date Of separation. In
no case shall an employee receive more than 600 hours (1/2 of 1,200 accrued
hours) of paid sick leave, regardless of any amounts recorded as of 6/27/75 in
excess of 1,200 hours.
A cle 6. _-'-Iolidays
6.1 Monday-Friday Employees: All regular employees, who work a Monday through Friday
schedule shall receive time off for each City holiday, except as otherwise noted.
6.2 Continuous Service Employees:
7
City of South San Francisco
Public Safety Managers Compensation Plan
Page
6.2.1
6.2.2
6.3
6.4
6.5
6.6
6.7
Battalion Chiefs: Employees who work a 56-hour schedule shall receive holiday
compensation in lieu of paid time off as follows.
6.2.1.1 Full-day Holidays: An additional 10.7% of the biweekly wage rate for
which the employee would otherwise qualify for each payperiod in which
the authorized holidays as listed in this Section occurs.
6.2.1.2 Half-day Holidays: An additional 5.35% of the biweekly wage rate for
which the employee would otherwise qualify for each payperiod in which
the authorized holidays as listed in this Section occurs.
Other Employees: All other employees, who by nature of the assignment, and who
are unable to observe City holidays, shall be compensated for the authorized
holidays as described below.
6.2.2.1 Full-day Holidays: Eight hours of straight time pay for the holiday and
straight time for the hours worked.
6.2.2.2 Half-day Holidays: Four hours of straight time pay for the holiday and
straight time for the hours worked.
Paid Status Before and After a Holiday: Regular employees in paid status the
entire day before, as well as the entire day after a holiday is observed by the City,
shall be entitled to receive compensation for 8 hours of hol/day time for each full-
day holiday and 4 hours of holiday time for each half-day holiday. Holiday time
shall be considered as hours worked.
Observed Full-day Holidays: The City observes the following holidays:
January 1 ................................................................... New Year's Day
Third Monday in January .......................................... Martin Luther King, Jr. Day
Third Monday in February ........................................ President's Day
Last Monday in May ................................................. Memorial Day
July 4 ......................................................................... Independence Day
First Monday in September ....................................... Labor Day
Second Monday in October ...................................... Columbus Day Observed
November 11 ............................................................. Veteran's Day
Fourth Thursday in November .................................. Thanksgiving Day
Friday following Fourth Thursday in November ...... Day After Thanksgiving
December 25 ............................................................. Christmas Day
Observed Half-day Holidays: In addition, the City observes the following half-
day holidays:
December 24 ............................................................. Christmas Eve Day
December 31 ............................................................. New Year's Eve Day
National Day: In addition, the City may observe any other day of national
mourning or celebration, provided that it has been proclaimed by the City Council
and it directs the closure of the City offices for public service. Any such day shall
be granted only to those employees who are regularly scheduled to work on the
day for which such day is proclaimed.
Days of Holiday Observation: Holidays which fall on Sunday shall be observed
on the following Monday. Holidays falling on Saturday shall be observed on the
preceding Friday. Half-day holidays shall be observed on the workday
Page 9
City of South San Francisco
Public Safety Managers Compensation Plan
6.8
6.9
immediately proceeding the day upon which Christmas Day and New Year's Day
are observed.
Discretionary Holiday: Each full-time regular employee is eligible for one-full
day holiday, in addition to the holidays observed by the City. This holiday may
be taken before the last full payperiod prior to the end of each year. Any
employee who has not taken this holiday before the last full payperiod prior to the
end of each year will be paid for the unused holiday at the employee's actual
hourly rate of pay.
Holidays Worked for M-F Staffi. Monday through Friday Police Lieutenants and
Battalion Chiefs, who would normally not work holidays, may actually work 6
additional 8-hour holidays each year for straight-time compensation. The
respective department head will determine specific holidays that qualify for this
program.
A cle 7. Leaves
Vacarlon Leave: Each full-time regular employee shall earn and be granted vacation
leave :_n accordance with the following accrual schedule:
7.1.1. Length of Continuous Service Biweekly Accrual Rate
Start date through completion of 4m year ................. 4.62 hours
· th
Fifth through 14 year .............................................. 6.16 hours
Fifteenth through 24th year ....................................... 7.69 hours
Twenty-fifth and succeeding years .......................... 9.23 hours
7.1.2 Vacation Maximum Accrual: An employee may accumulate up to 2 times annual
accrual rate as unused vacation and carry-over such accumulated vacation from
year to year. An employee who has accrued more than that amount will be
compensated for the excess in January of each year. Those employees who
request to exceed the maximum accrual amount without being paid for the excess
in January may only do so with the express written permission of the City
Manager. Employees do not earn vacation pay while they are on unpaid leave of
absence.
7.1.3 Payment on Separation: An employee who retires or separates from City
employment and who has accumulated unused vacation leave, shall be
compensated for all leave at the employee's actual hourly rate of pay at the date
of retirement or separation. Battalion Chiefs who work a 56-hour workweek will
have their hourly rate converted to the 40-hour equivalent and will be
compensated in pay at the 40-hour rate.
7.1.4 Vacation Leave Compensation: Employees who have scheduled a minimum of 2
workweeks of vacation during each calendar year shall be permitted to receive the
cash value of up to 48 hours of unused but accrued vacation. Requests for
payment of accrued vacation may be processed within 45 days of the scheduled
leave. Battalion Chiefs who work a 56-hour workweek will have their hourly rate
7.1
City of South San Francisco
Public Safety Managers Compensation Plan
Page 10
7.2
7.3
converted to a 40-hour equivalent and will be compensated in pay for unused
vacation leave at this rate.
7.1.5 Amount Used for Each Vacation Day: Battalion Chiefs who work a 56-hour
workweek will be charged 13.3 hours for every 24 hours off. All other employees
shall charge hour for hour.
Administrative Leave: Each full-time regular employee shall be entitled to receive
administrative leave in recognition of the City's expectation that members routinely and
consistently perform their position duties during times in excess of the normal 5-day, 40-
hour workweek. Battalion Chiefs who work a 56-hour workweek will be paid all
administrative leave at a 40-hour rate.
7.2.1 Administrative Leave: Administrative Leave of 40 hours per fiscal year shall be
accrued on $uly 1st of each fiscal year and may be taken in paid time off or
directly compensated at the employee's actual hourly rate of pay at the time
compensation is requested. A new employee shall be entitled to receive
administrative leave at the rate of 1.538 hours for each payperiod of employment
remaining in the fiscal year during which the employee was hired. Administrative
leave may not be carried forward from one fiscal year to the next and must be
used before the commencement of the last payperiod of the fiscal year.
7.2.2 Supplemental Administrative Leave: Employees are also eligible to receive up to
an additional 40 hours of administrative leave per fiscal year. It is recognized that
not all members of this Unit will satisfy the eligibility criteria and only those
satisfying the criteria may receive additional hours.
7.2.2.1Qualifying for Supplemental Leave: To qualify for supplemental leave,
an employee must be required to work additional hours substantially in
excess of the customary workweek. The employee's department head
will make the determination as to whether an employee is "required to
work" additional hours. In making this determination, the department
head will distinguish between that which is typical versus that which is
extraordinary. Illustrative of the factors to be considered are the extent
to which an individual:
· Attends evening meetings and whether attendance is a recurring
obligation.
· Regularly performs City-related duties beyond usual working hours
in response from direction by department head or designee.
7.2.2.2 Recommending Supplemental Leave: Once a department head has
identified proposed supplemental hours, the recommendation shall be
submitted to the City Manager for approval.
7.2.2.3Unused Supplemental Leave: Supplemental administrative leave earned
but not used may not be carried forward from one fiscal year to the next,
nor may unused hours be converted to compensation.
Non-industrial Sick Leave: An employee who is temporarily andfor partially disabled
from performing the full scope of the usual and customary duties of his/her classification
as the result of an injury or illness, which is not industrially caused, shall be eligible to
receive sick leave without loss of salary or benefits within the limits set forth below.
10
Page 11
City of South San Francisco
Public Safety Managers Compensation Plan
7.4
7.5
7.3.1
7.3.2
Accrual: Each employee will accrue sick leave at the rate of 8 hours per month.
7.3.1.1 Prior to 7/2/86: In addition, each employee in City service on 7/1/86 will
be credited with an mount of sick leave, which would have been accrued
during the period of the 90-day sick leave plan, including the deduction
for any usage should the employee voluntarily separate from City
employment for any mason other than illness or injury before completing
this employment obligation; 7/1/86. Family care, bereavement leave, and
medical appointment leave will not be counted.
Sick Leave Conversions: Effective 7/1/02, sick leave will not be converted at the
time of appointment to a Unit-covered classification or at any other time during
the employee's tenure in a Unit-covered classification.
7.3.3 Usage: All employees in the Unit will use sick leave on an hour-for-hour basis
with the exception as defined below.
7.3.3.1 Fire Shift Employees: 56-hour shift employees who miss work for sick
leave purposes for 8 or more consecutive calendar days will be charged for
40 hours of sick leave for each 7-day period of absence. Partial week
absences will be charged for each day absent at 8-hours per day.
Definition of a Separation from City Employment as a Result of a Work-related
Injury or Illness: A separation arising out of a work-related disability, which is of
a serious or life/threatening nature, that prohibits the employee from engaging in
his/her usual or customary occupation or a similar occupation, and which severely
limits the employee's mobility and ability to engage in productive and gainful
employment with or without reasonable accommodation.
7.3.5 Sick Leave Management Policy: The City's Sick Leave Management Policy
Administrative Instruction defines abuse of sick leave as the use of sick leave for
purposes other than illness or injury. Consistent with this policy, the monitoring,
management, maximum sick leave use, and reporting should conform to a general
City standard.
7.3.5.1 Review Standard: Those employees exceeding 56 hours or 7 occurrences
of sick leave per year will be subject to a review of sick leave usage.
Medical Appointment Leave: An employee may be granted up to 8 hours per year of
leave without loss of salary or benefits for the purpose of going to appointments with
medic~ doctors or dentists in instances where the employee is reasonably unable to
arrange for such appointments to occur during non-work time. This leave is limited to
the first 8 hours taken to attend medical appointments. All others hours taken for this
purpose will be charged to sick leave.
Paid Family Care Leave:
7.5.1 Definition of Family Member for Paid Family Care Leave: For the purposes of
Paid Family Care Leave, a family member shall include the employee's spouse,
child, mother, father, sister, brother, grandmother, grandfather, mother-in4aw,
father-in-law, sister-in-law, brother-in-law, daughter-in-law, and son-in-law. In
addition, the department head or designee may grant leave to an employee for
some other person (other then family member, as listed), if in the opinion of the
7.3.4
11
City of South San Francisco
Public Safety Managers Compensation Plan
Page 12
7.6
department head or designee, there exists or existed an extraordinary close
familial relationship between the employee and such other person.
7.5.2 Eligibility for Paid Family Care Leave: An employee may be granted up to a
maximum of 32 hours of paid leave during each calendar year.
7.5.2.1 56-Hour Employees: Effective the payperiod including 9/1/02, for 56-hour
employees, Paid Family Care Leave shall be 24 hours per year for the
purpose of obtaining medical consultation or treatment or for caring for an
injured or ill family member as defined above.
7.5.2.2 40-Hour Employees: Effective the payperiod including 9/1/02, for 40-hour
employees, Paid Family Care Leave shall be 16 hours per year for the
purpose of obtaining medical consultation or treatment or for caring for an
injured or ill family member as defined above.
7.5.2.3 Elimination of Leave--Effective the payperiod including 1/1/03, the
remaining hours of the Paid Family Care Leave for both 56-hour and 40-
hour employees will be eliminated.
7.5.3 Sick Leave as Family Care Leave: Employees accrue sick leave each year as
defined in the sick leave section of this agreement. In recognition of Labor Code
233, effective 1/1/00, employees are permitted to use up to half of their annual
sick leave accrual, in any calendar year, for the purpose of obtaining medical
consultation, treatment, or for caring of a sick family member as defined below.
7.5.3.1 Definition of Family Member for Sick Leave as Family Leave Purposes:
A family member, as defined in Labor Code 233, shall include the
employee's spouse, child, mother, and father.
7.5.3.2 Leave Amount: The combined total of hours taken for family care
purposes pursuant to Labor Code section 233, including any leave used
from the Paid Family Care Leave provision as defined above, if eligible,
shall not exceed one-half of the employee's annual accrual of sick leave.
Sick leave for Family Care for all public safety manager employees is
taken at an hour-for-hour rate.
7.5.4 Concurrent Use of Leave: This leave may run concurrently with any family care
leave permitted under federal or state law.
7.5.5 Leave Accounting: The accounting for paid family care leave and sick leave as
family care shall be on a payroll calendar year basis, effective the payperiod
including January 1st of each year.
Bereavement Leave: An employee may be granted paid leave of absence upon the death
or for the funeral of a family member as defined below.
7.6.1 Definition of Family Member: For the purposes of Bereavement Leave a family
member shall include the employee's spouse, child, mother, father, sister, brother,
grandmother, grandfather, mother-in-law, father-in-law, sister-in-law, brother-in-
law, daughter-in-law, and son-in-law. In addition, the department head may grant
leave to an employee for some other person if, in the opinion of the department
head, there exists of existed an extraordinarily close familial relationship between
the employee and such other person.
12
Pag~ 13
City of South San Francisco
Public Safety Managers Compensation Plan
7.7
7.8
7.9
7.10
7.6.2 Leave Within California: Employees working 40-hour workweeks may be granted
up to a maximum of 24 hours of bereavement leave, per occurrence, and
employees working 56-hour workweeks will be granted up to 2 shifts for the
death or for attending the funeral of a family member within California.
7.6.3 Leave Outside California: Employees working 40-hour workweeks may be
granted up to a maximum of 40 hours of bereavement leave, per occurrence, and
employees working 56-hour workweeks will be granted up to 3 shifts for the
death or for attending the funeral of a family member outside California.
Industrial Injury Leave: An employee who is temporarily and/or partially disabled from
performing work as a result of any injury or illness, which has been determined to be
indust_-'ially caused necessitating absence from work, shall be entitled to receive paid
injury leave without loss of salary or benefits as provided for in Labor Code Section 4850
and its related sections.
Military leave: Military leave shall be granted in accordance with the applicable federal
or state law.
Pregnancy Disability and Childcare Leave: Employees may be granted up to the
maximum period of time permitted by law for disabilities caused or contributed to by
pregnancy, childbirth, or related medical conditions or for reason of the birth or a child or
the placement of a child with an employee in connection with adoption. These leaves
may r~n concurrently with Pregnancy Disability, Family Medical Leave Act, or the
California Family Rights Act.
Disability Leave: After an employee qualifies for long-term disability insurance benefits
in accordance with the requirements of the City's policy, the City shall determine
whether to do the following:
7.10.1 Separate Employee from City: Separate the employee from his/her position ff the
employee is unable to perform the essential functions of his/her job with or
without reasonable accommodation.
7.10.2 Leave of Absence: Grant the employee a leave of absence without pay for any
period up to 365 calendar days or a reasonable extension thereof if there is
medical documentation to support the fact that the employee should be able to
remm back to work to perform the essential functions of his/her job with or
without accommodation at the end of the leave of absence. If the City grants an
employee a leave of absence without pay for any period and the employee is
unable to resume work prior to or at the expiration of such leave, the City may
subsequently grant additional leave or separate the employee from City service.
An employee, who has been granted a leave of absence without pay, may request
and receive payment for any unused vacation accumulated by the employee. The
City will continue to pay medical, dental, and vision insurance premiums for a
disabled employee until the date upon which employee is separated from City
employment.
7.10.3 90-day Qualification Period: In cases where an employee has applied for and
qualified for long-term disability benefits, the City will not separate au employee
until the employee from City service until the 90-day qualification period has
expired, unless the City and the employee agree to an earlier separation date.
13
City of South San Francisco
Pubhc Safety Managers Compensation Plan
Page 14
Article 8. Recreation Facilities and Programs
8.1 Admission to Classes: All regular employees shall be entitled to free admission to City
recreation facilities and to free enrollment in up to 5 recreational classes dm-ing a 12-
month period. (Lab fees or ingredient fees not included.)
8.2 Use of Facilities: F. mployees using City recreation facilities and enrolled in City
recreational classes shall engage in such activities on the employee's non-work time.
Employee admission to recreation facilities and recreation classes shall be accomplished
in conformance with the roles and regulations established by the department responsible
for the program.
9. Grievance Procedure
Classified employees are ehgible to invoke the Grievance Procedures as noted in the City of
South San l=rancisco Personnel Rules and Regulations Manual.
A 'c e 10. Disciplinary Action
The City shall take disciplinary action against a classified employee following the procedures set
forth in the City of South San Francisco Personnel Rules and Regulations Manual.
11. Administmon of Compensation Program
11.1 Full and Entire Agreement: Public Safety Managers Representation Unit Compensation
Program sets forth the full and entire compensation program for members of the group
and prior or existing agreements regarding these matters, whether formal or informal, are
hereby superceded or terminated in their entirety. In the event that the provisions of this
Compensation Program are found to be in conflict with a City rule, regulation, or
Agreement, the provisions of this Program shall prevail over such conflicting rule
regulation, or agreement.
11.2 Administration of Program: The City Manager through the Personnel Officer shall
administer the Compensation Program and may establish such policies, rules, and
regulations as are deemed appropriate to the effective administration of the Program.
Employees shall complY with such policies, roles, and regulations as established by the
City Manager, who shall be empowered for any purpose deemed by the City Manager to
be appropriate to the circumatances.
Annual Meeting: On a yearly basis, or more frequently ff needed, and prior to making any
revisions to this Compensation Program, the City will meet with members of the Public
Safety Managers Unit.
11.3
14
Page 15
City of South San Francisco
Public Safety Managers Compensation Plan
12. Signatures
Except as amended herein and hereby, all terms and conditions of the Compensation Plan
between the City of South San Francisco and the Public Safety Managers as set forth originally
in the Plan for the period of January 1, 2002 through December 31, 2004 shall remain in full
force and effect for the contract term set forth herein.
For the City
r~anagers
F:k~il~ Cabimt'tl~lt.~ti~n~P Sld~I OU'tPSM Final 62.04 d~c.doc
15
City of South San Francisco
Public Safety Managers Compensation Plan
Page 16
Appendix A
Public Safety Managers Classifications
Those classifications in the Public Safety Managers Unit are the following:
Deputy Fire Chief
Fire Battalion Chief
Fire Marshal
Police Captain
Police Lieutenant
16
Page 17
City of South San Francisco
Public Safety Managers Compensation Plan
Appenaix B
Salar Adjustments
Salary increases are set forth below and shall be effective on the payperiod that includes
January 1st or July 1st, Of each year depending on the department to which the Unit member
belongs. Salary rates shall be increased as outlined below.
A salary survey will be conducted for the respective fire Unit and the resultant percent increases
for fi_refighter classification will be reflected for all public safety fire members by mid-July 2002,
2003, and 2034 effective July 1st of each year. A salary survey will also be conducted for the
respective police Unit, and the resultant percent increases for the sergeant classification will be
reflected for all public safety police members effective January 1st of each year that a survey is
conducted between 1/1/02 and 12/31/04.
C~assification 7/01 1/02 7/02 1103 7/03 1/04
Battalion Chief ........................... 5.84% 0% TBD 0% TBD 0%
Deputy Fire Chief- .......................5.84% 0% TBD 0% TBD 0%
Fire Marshall ............................. 5.84% 0% TBD 0% TBD 0%
Police 'Lieuter.ant ........................ 0% 4% 0% 4% 0% TBD
Police Captain ............................ 0% 4% 0% 4% 0% TBD
17
, . [,
City of South San Francisco
Public Safety Managers Compensation Plan
Page 18
Appendix C
Side Letter of Agreement
Dental and Retiree Medical Benefits
C.1
C.2
Dental Coverage: The Unit requests to explore the feasibility of increasing dental
insurance benefits above the current $1,500 per year to match that of IAFF. This
modification, if accepted, would occur no later than 1/1/03. The criteria for this change
would be the changing of disability insurance carriers that would result in a significant
savings and a reduction in life insurance benefits. The savings would then be used to
fund the increase in dental insurance.
Retiree Spouse Medical Coverage: In the event that the City institutes a retiree spouse
medical plan for any other City unit, such plan will also be available for this Unit. The
City and the PSM Unit will meet to discuss the components of the plan, and if the PSM
Unit wishes to participate in the program under the same terms as the other unit, the
Public Safety Managers Agreement will be extended by an additional 3 years after its
original expiration date, through 12/31/07.
18
Page 19
City of South San Francisco
Public Safety Managers Compensation Plan
mppen D
Staff Report
1. Agreement - Three-year agreement from 111/02 through 12/31/04 with a possible 3-year extension if
retiree spouse medical is added during the life of the agreement.
2. PERS Reticement enhancement - Include any retirement enhancements per for their respective public
safety units: implement Pre-retirement Optional Settlement 2 Death Benefit by 12/1/02 for fire members.
Provide 3 % at age 50 retirement benefit as per their respective public safety units: Police by the payperiod
including 1/1/03 and for fire by the payperiod including 12/1/02.
3. Compensat_on - Adjust salaries main for respective public safety units, effective 7/1 of each year. for
COLAs and retroactive to 7/1 or 1/1 of each year depending on respecting public safety unit (police
normally 1/1; fire normally 7/1) for surveys. To ensure an adequate salary spread, the top step of the salary
schedule fo; the Police Lieutenant classification, including ail incentives, shall be no less than 15% above
the top step of the Police Sergeant classification, including all incentives. The Police Lieutenant and the
Police Captain classifications shall maintain the same salary spread as in place now.
4. Paid Family' Care Leave - Reduce paid family care leave for 56-hour employees to 24 hours beginning the
payperiod including 9/1/02, and eliminating all paid family care leave with the payperiod beginning
1/1/03. 40-hour employees leaves are 16 hours beginning 9/1/02 and all are eliminated by 1/1/03.
5. Specialty Pay Program - establish a specialty pay program with specific criteria for Battalion Chiefs and
Police Lieu:enants positions in which they may work extra shifts and be compensated at 1.5 times their
actual hourly rate of pay for those shifts. The respective department head will .determine specific shifts
that qualify for this program.
6. Holiday Compensation - Monday through Friday Police Lieutenants and Battalion Chiefs, who would
normally not work holidays, may actually work additional 8-hour holidays each year for straight t~me
compensation as determined by their respective chiefs.
7. Domestic Partner Benefits - By 9/1/02, ff there are no increases in direct costs and as provided by law, the
City will provide .domestic partner benefits to this Unit.
8. Dental - provide for Side Letter to allow members to explore by 1/1/03 the possibility of modifying dental
benefits to taat afforded IAFF members. In order to adjust for the costs of an enhanced dental program,
the entire ur_it must exchange short-term and long-term disability providers to the same provider as IAFF,
and must reduce or eliminate City-offered life insurance.
9. Vision Insu:ance - By 9/1, adjust vision benefits to provide for tint lenses.
10. Provide for Side Letter to add retiree spouse medical benefit. In the event the City institutes a retiree
spouse med:cal plan for any other City unit, such plan will also be available for the PSM unit. The City
and the PSM_ Unit will met to discuss the components of the plan, and ff the PSM unit wishes to participate
in the program under the same terms as the other unit, the PSM MOU will then expire 3 years after its
original exp'zation date.
11. 2/4 Work Schedule -consistent with their direct reports for fire members.
12. Continue Uniform Allowance with adjustments as for their respective public safety units.
13. Language - modify language in the following areas:
· Add Sick Leave as Family Care Leave as required by law.
· Adjust Pregnancy Disability Leave and Childcare Leave to be consistent with law.
· Modify Sick Leave Management Plan.
· Modify Sick Leave Conversion, Vacation Conversion, and Sick Leave Charged.
· Adjust Bereavement Leave for consistency with respective units.
· Adjust MOU format, such as grouping like sections together.
19
South
Memorandum of Understanding
between the
South San Francisco Police Association
and the
City of South San Francisco
January 1,2001 through December 31, 2004
Published by
Human Resources Department
City of South San Francisco
Street Address:
First Floor City Hall
400 Grand Avenue
South San Francisco CA 94080
Web Site
www.ssf, net
Mailing Address:
P.O. Box711
South San Francisco CA 94083
650/877-8522 Tel
650/829-6699 Job Line
650/829-6698 Fax
Benefit Information 650/877-8523
Recruitment Information 650/829-6693
Memorandum of Understanding
between the
South San Francisco Police Association
and the
City of South San Francisco
January 1, 2001 through December 31, 2004
Table of Contents
Article
Preamble
Section 1
Article 1
Article 2
Title Page
Provisions for Sworn Personnel .......................................................................... 1
Recognition .......................................................................................................... 1
Wages and Compensation.. .................................................................................. 1
2.1 Wage Rates ................................................................................................. 1
2.1.1 Salary Adjustments ............................................................................ 1
2.1.1 Salary Survey ..................................................................................... 1
2.2 Step Advancement ...................................................................................... 2
2.2.1 Time in Step ....................................................................................... 2
2.2.1.1 Step 2 ..................................................................................... 2
2.2.1.2 Step 3 ..................................................................................... 2
2.2.1.3 Step 4 ..................................................................................... 2
2.2.1.4 Step 5 ..................................................................................... 2
2.2.2 Step Placement ................................................................................... 2
2.3 Incentives .................................................................................................... 2
2.3.1 Education Incentives .......................................................................... 2
2.3.1.1 Associate's Degree ............................................................. :...2
2.3.1.2 Bachelor' s Degree .................................................................. 2
2.3.2 Certification Incentives ......................................... ~ ............................ 2
2.3.2.1 Intermediate P.O.S.T. Certificate ........................................... 2
2.3.2.2 Advanced P.O.S.T. Certificate ..................................... : ......... 2
2.3.1 Eligibility and Written Notification ................................................... 2
2.4 Special Assignments ................................................................................... 2
2.4.1 Motorcycle ........................................................................................ 2
2.4.2 Dog Handler ..................................................................................... 3
2.4.3 Field Training Officer ....................................................................... 3
2.4.4 School Liaison .................................................................................. 3
2.4.5 Discontinuing Special Assignments ................................................. 3
2.5 Promotion .................................................................................................... 3
2.6 Bilingual Pay ............................................................................................... 3
2.6.1 Former Bilingual Program ................................................................ 3
2.6.2 Bilingual Program ............................................................................ 3
2.6.2.1 Testing .................. .. ................................................................ 3
Page ii
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Article
Article 3
Article 4
Article 5
Title Page
2.6.2.3 Compensation ........................................................................ 4
2.6.2.3.1 Adjustment in Compensation .................................. 4
2.6.2.4 Translating ............................................................................. 4
2.6.2.5 Language Determination ........................................................ 4
2.6.2.6 Language in Effect ................................................................. 4
2.7 Longevity Pay ............................................................................................. 4
2.7.1 After 15 Years .................................................................................... 4
2.7.2 After 20 Years .................................................................................... 4
Allowances and Reimbursements ........................................................................ 4
3.1 Uniform Allowance .................................................................................... 4
3.1.1 Allowance Conditions ........................................................................ 4
3.1.1.1 Reimbursement/Allowance Distribution ............................... 4
3.1.1.1.1 Reimbursement Procedures .................................... 5
3.1.1.2 Cleaning and Maintenance of Uniforms ................................ 5
3.1.1.3 New Employees ..................................................................... 5
3.2 Allowance Amounts .................................................................................... 5
3.2.1 ........................................................................................................... 5
3.2.2 ........................................................................................................... 5
3.2.3 ........................................................................................................... 5
3.2.4 ........................................................................................................... 5
3.3 Vests ............................................................................................................ 5
3.3.1 Wearing Vests .................................................................................... 5
Overtime Pay ....................................................................................................... 5
4.1 Overtime Compensation ............................................................................. 5
4.2 Training Overtime ....................................................................................... 5
4.3 Overtime Pay for Court Appearances ......................................................... 6
4.4 Call-back/in Compensation ......................................................................... 6
4.4.1 Workday Call-back/in ........................................................................ 6
4.4.2 Non-workday Call-back/in ................................................................. 6
4.5 Compensatory Time .................................................................................... 6
4.5.1 Maximum Compensatory Time ......................................................... 6
Benefits ................................................................................................................ 6
5.1 Health Insurance Benefits ........................................................................... 6
5.2 Medical Insurance ....................................................................................... 6
5.2.1 Federal- or State-mandated Medical Insurance Participation ............6
5.2.2 Medical Insurance Plans .................................................................... 6
5.2.3 Payment of Premium Costs ................................................................ 7
5.2.3.1 Maximum Rate ...................................................................... 7
5.2.4 Effective Date of Coverage ................................................................ 7
5.2.5 Medical Plan for Employees Who Retire .......................................... 7
5.2.5.1 Spouse-paid Benefit ............................................................... 7
5.3 Dental .......................................................................................................... 7
i/
Memorandum o5 Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page~i
Article
Article 6
Title Page
5.3.1 Available Plan .................................................................................... 7
5.3.2 Changes in Plan ................................................................................. 7
5.3.3 Orthodontia ........................................................................................ 7
5.3.4 Payment of Premium Costs ................................................................ 7
5.3.5 Effective Date of Coverage ................................................................ 7
5.3.6 Dental Insurance for Employees Who Retire .................................... 8
5.4 Vision .......................................................................................................... 8
5.4.1 Available Plan .................................................................................... 8
5.4.2 Payment of Premium Costs ................................................................ 8
5.4.3 Effective Date of Coverage ................................................................ 8
5.4.4 Vision Insurance for Employees Who Retire .................................... 8
5.5 Discretionary Benefit Option ...................................................................... 8
5.5.1 Proof of Alternate Insurance .............................................................. 8
5.5.2 Method of Computation ..................................................................... 8
5.5.3 Exercising the Option ........................................................................ 8
5.6 Life Insurance and Accidental Death and Dismemberment Insurance ....... 9
5.6.1 Term Life Value ................................................................................. 9
5.6.2 AD&D Value ..................................................................................... 9
5.6.3 Payment of Premium Costs ................................................................ 9
5.6.4 Effective Date of Coverage ................................................................ 9
5.6.5 Additional Life Insurance .................................................................. 9
5.7 Disability Insurance Program ..................................................................... 9
5.7.1 Coverage ............................................................................................ 9
5.7.2 Costs ................................................................................................... 9
5.7.3 Eligibility ........................................................................................... 9
5.7.4 City Determination ............................................................................ 9
5.7.4.1 Permanent and Stationary Status ........................................... 9
5.7.4.2 Recovery Status ..................................................................... 9
5.7.5 Permanent and Stationary Determination .......................................... 10
5.7.6 Temporary Determination .................................................................. 10
5.7.7 Permanent and Stationary Determination During Leave of
Absence .............................................................................................. 10
5.7.8 Accrued Vacation Payment ................................................................ 10
5.7.9 Insurance Premium Payment ............................................................. 10
5.8 Hepatitis "B" Vaccination ........................................................................... 10
Retirement Benefits ............................................................................................. 10
6.1 Deferred Compensation Program ............................................................... 10
6.2 Retirement Plan ........................................................................................... 11
6.2.1 IRS Section 415 Limits ...................................................................... 11
6.2.1.1 Grandfathering Benefits ......................................................... 11
6.2.1.2 Section 415 Election .............................................................. 11
6.2.1.3 Insignificant Provision Conflict ............................................. 11
Page iv
Memorandum of Understanchng
Between the South San Francisco Police Association and the
City of South San Francisco
Article
Article 7
Article 8
Title Page
6.2.1.4 Significant Provision Conflict ............................................... 11
6.2.1.5 PERS Agreement ................................................................... 11
6.2.2 Optional Provisions Added ................................................................ 11
6.2.2.1 Survivor Allowance ............................................................... 11
6.2.2.2 Single-highest Year Compensation ........................................ 11
6.2.2.3 Military Service Credit .......................................................... 11
6.2.2.4 Three Percent (3%) at Age 50 Formula ................................. 11
6.2.2.5 Sick Leave Service Credit Provision ..................................... 11
6.2.2.6 Other Provisions .................................................................... 11
6.2.3 Employee Contribution to Retirement System .................................. 12
6.3 Payment of Unused Accumulated Sick Leave ............................................ 12
6.3.1 Discontinued 90-day Plan .................................................................. 12
6.3.1.1 Eligible Employees ................................................................ 12
6.3.1.2 Number of Hours Payable ...................................................... 12
6.3.1.3 Time of Payment .................................................................... 12
6.3.2 Sick Leave Accrued After October 1, 1986 ....................................... 12
Holidays ............................................................................................................... 12
7.1 Authorized Holidays ................................................................................... 12
7.1.1 Full-day Holidays .............................................................................. 12
7.1.2 Half-day Holidays .............................................................................. 13
7.2 Holidays Not Worked ................................................................................. 13
7.3 Discretionary Holiday ................................................................................. 13
Leaves .................................................................................................................. 13
8.1 Vacation ...................................................................................................... 13
8.1.1 Vacation Leave Accrual Exceptions .................................................. 13
8.1.2 Vacation Payoff ................................................................................. 14
8.1.3 Deferral of Vacation Period ............................................................... 14
8.1.3.1 Requesting Vacation Deferral ................................................ 14
8.1.4 Vacation Compensation ..................................................................... 14
8.2 Bereavement Leave ..................................................................................... 14
8.2.1 Definition of Family Member for Bereavement Leave .....................14
8.2.2 Leave Within California .................................................................... 14
8.2.3 Leave Outside California ................................................................... 14
8.3 Sick Leave ................................................................................................... 14
8.3.1 Sick Leave Eligibility ........................................................................ 14
8.3.2 Amount of Sick Leave ....................................................................... 15
8.3.2.1 Discontinued Sick Leave Plan ............................................... 15
8.3.3 Advancing Sick Leave ....................................................................... 15
8.3.4 Sick Leave Definition ........................................................................ 15
8.3.5 Sick Leave Request ............................................................................ 15
8.3.5.1 Approval of Sick Leave Request ........................................... 15
8.3.5.2 Notification ............................................................................ 15
· iv
Memorandum o5 Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page v
Article
Article 9
Article 10
Article 11
Title Page
8.3.5.3 Verification of Injury or Illness ............................................. 15
8.3.5.3.1 Usual Verification ................................................... 15
8.3.5.3.2 Doctor's Verification .............................................. 15
8.3.6 Sick Leave Management Plan ............................................................ 15
8.4 Medical Appointments ................................................................................ 16
8.4.1 Medical Appointment Leave Charged to Sick Leave ........................ 16
8.5 Paid Family Care Leave .............................................................................. 16
8.5.1 Employees Hired Prior to 1/01/01 Eligibility for Paid Family Care
Leave .................................................................................................. 16
8.5.2 Definition of Family Member for Paid Family Care Leave ..............16
8.5.3 Sick Leave as Family Care Leave ...................................................... 16
8.5.3.1 Definition of Family Member for Sick Leave as Family
Leave Purposes ...................................................................... 16
8.5.3.2 Leave Amount ........................................................................ 16
8.5.4 Concurrent Use of Leave ................................................................... 16
8.5.5 Notification Procedures ..................................................................... 16
8.6 Light Duty Program .................................................................................... 17
8.6.1 Coverage ............................................................................................ 17
8.6.1.1 Determination/Required Reports ........................................... 17
8.6.1.1.1 Assignments ............................................................ 17
8.6.1.1.2 Medical Updates ..................................................... 17
8.6.1.2 Light-duty Assignments, Definitions, and Restrictions ......... 17
8.6.1.3 Holidays/Vacations During Light-duty Assi~tmments ............18
8.6.1.3.1 Holidays Observed .................................................. 18
8.6.1.3.2 Vacations ................................................................. 18
8.6.2 Return to Full Duty ............................................................................ 18
8.7 Pregnancy-related Disability Leave ............................................................ 18
Recreational Facilities and Classes ...................................................................... 19
9.1 Admission to Classes .................................................................................. 19
9.2 Use of Facilities .......................................................................................... 19
Layoff .................................................................................................................. 19
-0.1 Layoff. ......................................................................................................... 19
'_0.2 Seniority ...................................................................................................... 19
'_0.3 Order of Layoff ........................................................................................... 19
'_0.4 Notice of Layoff. ......................................................................................... 19
'_ 0.5 Layoff Re-employment/Reinstatement List ................................................ 20
10.5.1 Classification Reinstatement List ................................................... 20
10.5.2 Like Classification Reinstatement Oppommities ........................... 20
10.5.3 Duration of Re-employment/Reinstatement Lists .......................... 20
10.5.4 Probationary Returns ...................................................................... 20
Disciplinary Action .............................................................................................. 20
l 1.1 Action by City ............................................................................................. 20
Page vi
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Article
Article 12
Article 13
Article 14
Article 15
Section 2
Article 16
Article 17
Title Page
11.2 Chief of Police Action ................................................................................ 20
11.3 City Manager Approval .............................................................................. 20
11.4 Notice of Disciplinary Action ..................................................................... 21
11.4.1 Written Notice ................................................................................. 21
11.5 Notice Timelines ......................................................................................... 21
11.6 Appeal Rights ............................................................................................. 21
Grievance Procedure ............................................................................................ 21
12.1 Definition of a Grievance ............................................................................ 21
12.2 Stale Grievance ........................................................................................... 21
12.3 Informal Discussion with Employee's Supervisor ..................................... 21
12.4 Formal Written Grievance to Captain ......................................................... 22
12.5 Grievance to the Chief of Police ................................................................. 22
12.6 Informal Review by the City Manager ....................................................... 22
12.7 Arbitration of Grievance ............................................................................. 22
12.8 Selection of an Arbitrator ............................................................................ 22
12.9 Duty of Arbitrator ....................................................................................... 22
12.9.1 Arbitrator Decision ......................................................................... 22
12.9.2 Arbitrator Responsibility ................................................................ 23
12.10 Payment of Costs ....................................................................................... 23
12.11 Effect of Failure of Timely Action ............................................................ 23
12.12 Non-union Representation ......................................................................... 23
Employees Covered ............................................................................................. 23
Modification ........................................................................................................ 23
Dispute ................................................................................................................. 23
Provisions for Civilian Support Staff .................................................................. 24
Recognition .......................................................................................................... 24
Wages and Compensation ................................................................................... 24
17.1 Wage Rates ................................................................................................. 24
17.1.1 Salary Adjustments ......................................................................... 24
17.1.2 Salary Survey .................................................................................. 24
17.2 Time in Step ................................................................................................ 24
17.2.1 Time in Step .................................................................................... 24
17.2.1.1 Step 2 ............................................................................... 24
17.2.1.2 Step 3 ............................................................................... 24
17.2.1.3 Step 4 ............................................................................... 25
17.2.1.4 Step 5 ............................................................................... 25
17.3 Special Compensation ................................................................................. 25
17.3.1 Acting Supervisor Compensation ................................................... 25
17.3.2 Temporary Assignment to Higher-level Classification .................. 25
17.4 Promotions .................................................................................................. 25
17.5 Bilingual Pay ............................................................................................... 25
17.5.1 Former Bilingual Program .............................................................. 25
vi
Memorandum of Understanding
Between the South San Francisco Pohce Association and the
City of South San Francisco
Page vii
Article
Article 18
Article 19
Title Page
17.5.2 Bilingual Program ........................................................................... 25
17.5.2.1 Eligible Classifications .................................................... 25
17.5.2.2 Testing ............................................................................. 25
17.5.2.3 Compensation .................................................................. 25
17.5.2.3.1 Adjustment to Compensation ......................... 26
17.5.2.4 Translating ....................................................................... 26
17.5.2.5 Language Determination .................................................. 26
17.5.2.6 Languages in Effect ......................................................... 26
17.6 Longevity Pay ............................................................................................. 26
17.6.1 After 15 Years ................................................................................. 26
17.6.2 After 20 Years ................................................................................. 26
17.7 Education Incentive .................................................................................... 26
17.7.1 Associate's Degree .......................................................................... 26
17.7.2 Bachelor's Degree ........................................................................... 26
17.7.3 Eligibility and Written Notification ................................................ 26
Allowances and Reimbursements ........................................................................ 27
18.1 Uniform Allowance .................................................................................... 27
l 8.2 Allowance Conditions ................................................................................. 27
18.2.1 Distribution of Reimbursement/Allowance .................................... 27
18.2.1.1 Reimbursement Procedures ............................................. 27
18.2.2 Cleaning and Maintenance of Uniforms ......................................... 27
18.2.3 New Employees .............................................................................. 27
58.3 Allowance Amounts .................................................................................... 27
18.3.1 PST, PEO, and PP/ES Classifications ............................................ 27
18.3.1.1 ......................................................................................... 27
18.3.1.2 ......................................................................................... 27
18.3.1.3 ......................................................................................... 27
18.3.1.4 ......................................................................................... 27
18.3.2 PRS and SPRS Classifications ........................................................ 27
18.3.2.1 ......................................................................................... 27
18.3.2.2 ......................................................................................... 27
18.3.2.3 ......................................................................................... 28
18.3.2.4 ......................................................................................... 28
'_8.4 Vests ............................................................................................................ 28
18.4.1 Wearing Vests ................................................................................. 28
Overtime Compensation ...................................................................................... 28
29.1 Overtime Defined ........................................................................................ 28
'_9.2 Overtime Records ....................................................................................... 28
'_9.3 Minimum Overtime .................................................................................... 28
'_ 9.4 Overtime Compensation Rate ..................................................................... 28
59.5 Training Time ............................................................................................. 28
'_9.6 Usual Overtime ........................................................................................... 28
vi/
Page viii
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Article
Article 20
Title Page
19.7 Court Appearance Time .............................................................................. 28
19.7.1 Court Appearance on Scheduled Work Days ................................. 28
19.7.2 Court Appearance on Non-Scheduled Work Days ......................... 28
19.8 Call-back/in Compensation ......................................................................... 29
19.8.1 Workday Call-back/in ..................................................................... 29
19.8.2 Non-workday Call-back/in .............................................................. 29
19.9 Compensatory Time .................................................................................... 29
19.9.1 Maximum Compensatory Time ...................................................... 29
19.9.2 Compensatory Time Cash-out ........................................................ 29
Benefits ................................................................................................................ 29
20.1 Health Insurance Benefits ........................................................................... 29
20.2 Medical Insurance ....................................................................................... 29
20.2.1 Federal- or State-mandated Medical Insurance Participation ......... 29
20.2.2 Medical Insurance Plans ................................................................. 29
20.2.3 Payment of Premium Costs ............................................................. 29
20.2.3.1 Maximum Rate ................................................................ 29
20.2.4 Effective Date of Coverage ............................................................. 30
20.2.5 Medical Plan for Employees Who Retire ....................................... 30
20.2.6 Spouse-paid Benefit ........................................................................ 30
20.3 Dental Insurance .: ....................................................................................... 30
20.3.1 Available Plan ................................................................................. 30
20.3.2 Changes in Plan .............................................................................. 30
20.3.3 Orthodontia ..................................................................................... 30
20.3.4 Payment of Premium Costs ............................................................. 30
20.3.5 Effective Date of Coverage ............................................................. 30
20.3.6 Dental Insurance for Employees Who Retire ................................. 30
20.4 Vision ln~qurance ......................................................................................... 31
20.4.1 Available Plan ................................................................................. 31
20.4.2 Payment of Premium Costs ............................................................. 31
20.4.3 Effective Date of Coverage ............................................................. 31
20.4.4 Vision Insurance for Employees Who Retire ................................. 31
20.5 Discretionary Benefit Option ...................................................................... 31
20.5.1 Proof of Alternate Insurance ........................................................... 31
20.5.2 Method of Computation .................................................................. 31
20.5.3 Exercising the Option ..................................... : ............................... 31
20.6 Life Insurance and Accidental Death and Dismemberment Insurance ....... 32
20.6.1 Term Life Value .............................................................................. 32
20.6.2 AD&D Value .................................................................................. 32
20.6.3 Payment of Premium Costs ............................................................. 32
20.6.4 Effective Date of Coverage ............................................................. 32
20.6.5 Additional Life Insurance ............................................................... 32
20.7 Disability Insurance .................................................................................... 32
viii
Memorandum o_-' Understanding
Between the South San Francisco Pohce Association and the
City of South San Francisco
Page ix
Article
Article 21
Article 22
Title Page
20.7.1 Short-term Disability ...................................................................... 32
20.7.2 Long-term Disability ....................................................................... 32
20.7.3 Payment of Premium Costs ............................................................. 32
20.7.4 Effective Date of Coverage ............................................................. 32
20.7.5 Eligibility ........................................................................................ 32
20.7.6 City Determination ........................................................................ 32
20.7.6.1 Permanent and Stationary Status .................................... 32
20.7.6.2 Recovery Status .............................................................. 33
20.7.7 Permanent and Stationary Determination ...................................... 33
20.7.8 Temp orary Determination ............................................................. 33
20.7.9 Permanent and Stationary Determination During Leave of
Absence ......................................................................................... 33
20.7.10 Accrued Vacation Payment ........................................................... 33
20.7.11 Insurance Premium Payment ......................................................... 33
20.8 Hepatitis "B" Vaccination ........................................................................... 33
Retirement Benefits ............................................................................................. 34
21.1 Deferred Compensation Program ............................................................... 34
21.2 Retirement Plan ........................................................................................... 34
21.2.1 IRS Section 415 Limits ................................................................... 34
21.2.1.1 Grandfathering Benefits ................................................... 34
21.2.1.2 Section 415 Election ........................................................ 34
21.2.1.3 Insignificant Provision Conflict ....................................... 34
21.2.1.4 Significant Provision Conflict ......................................... 34
21.2.1.5 PERS Agreement ............................................................. 34
21.2.2 Optional Provisions Added ............................................................. 34
21.2.2.1 Survivor Allowance ......................................................... 34
21.2.2.2 Single-highest Year Compensation .................................. 34
21.2.2.3 Sick Leave Credit Provision ............................................ 35
21.2.3 Employee's Contribution to Retirement System ............................ 35
21.3 Payment of Unused Accumulated Sick Leave ............................................ 35
21.3.1 Discontinued 90-day Plan ............................................................... 35
21.3.1.1 Eligible Employees .......................................................... 35
21.3.1.2 Number of Hours Payable ................................................ 35
21.3.1.3 Time of Payment .............................................................. 35
21.3.2 Sick Leave Accrued After October 1, 1986 .................................... 35
--Iolidays ............................................................................................................... 36
22.1 Authorized Holidays ................................................................................... 36
22.1.1 Full-day Holidays ........................................................................... 36
22.1.2 Half-day Holidays ........................................................................... 36
22.2 Day of Holiday Observation ........................ i .............................................. 36
22.3 Day of National Mourning or Celebration .................................................. 36
22.4 Holiday Eligibility ...................................................................................... 36
Page x
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Article
Article 23
Title Page
22.5 Employees Working on a Holiday .............................................................. 36
22.6 Holiday Compensation for Employees on Injury/Illness/Family Care
Leave ........................................................................................................... 36
22.7 Discretionary Holiday ................................................................................. 37
Leaves .................................................................................................................. 37
23.1 Vacation ...................................................................................................... 37
23.1.1 Vacation Accrual ............................................................................ 37
23.1.2 Vacation Leave Accrual Exceptions ............................................... 37
23.1.3 Vacation Payoff .............................................................................. 37
23.1.4 Vacation Scheduling ....................................................................... 37
23.1.5 Deferral of Vacation Period ............................................................ 37
23.1.5.1 Requesting Vacation Deferral .......................................... 37
23.1.6 Vacation Compensation .................................................................. 38
23.2 Bereavement Leave ..................................................................................... 38
23.2.1 Definition of Family Member for Bereavement Leave ..................38
23.2.2 Leave Within California ................................................................. 38
23.2.3 Leave Outside California ................................................................ 38
23.3 Sick Leave ................................................................................................... 38
23.3.1 Amount of Sick Leave .................................................................... 38
23.3.1.1 Advancing Sick Leave ..................................................... 38
23.3.2 Sick Leave Definition ..................................................................... 38
23.3.3 Sick Leave Request ......................................................................... 38
23.3.4 Approval of Sick Leave Request .................................................... 38
23.3.5 Notification ..................................................................................... 38
23.3.6 Verification of Injury or Illness ...................................................... 39
23.3.6.1 Usual Verification ............................................................ 39
23.3.6.2 Doctor's Verification ....................................................... 39
23.3.7 Sick Leave Management Plan ......................................................... 39
23.4 Medical Appointment Leave ....................................................................... 39
23.4.1 Medical Appointment Leave Charged to Sick Leave ..................... 39
23.5 Paid Family Care Leave ....................... ~ ...................................................... 39
23.5.1 Employees Hired Prior to 1/01/01 Eligibility for Paid Family
Care Leave ........... ........................................................................... 39
23.5.2 Definition of Family Member for Paid Family Care Leave ........... 39
23.5.3 Sick Leave as Family Care Leave ................................................... 40
23.5.3.1 Definition of Family Member for Sick Leave as
Family Leave Purposes .................................................... 40
23.5.3.2 Leave Amount .................................................................. 40
23.6 Concurrent Use of Leave ............................................................................ 40
23.7 Notification Procedures .............................................................................. 40
23.8 Light-duty Program ..................................................................................... 40
23.8.1 Coverage ......................................................................................... 40
x
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page xi
Article
Article 24
Article 25
Article 26
Title Page
23.8.1.1 Determination/Required Reports ..................................... 40
23.8.1.1.1 Assignments ................................................... 40
23.8.1.1.2 Medical Updates ............................................ 40
23.8.1.1.3 Light-duty Assignments, Definitions, and
Restrictions .................................................... 41
23.8.1.2 Holidays/Vacations During Light-duty Assignments ...... 41
23.8.1.2.1 Holidays Observed ......................................... 41
23.8.1.2.2 Vacations ........................................................ 42
23.8.2 Return to Full-duty Assignment ..................................................... 42
23.9 Industrial Injury or Illness Leave .............................................................. 42
23.10 Pregnancy-related Disability Leave .......................................................... 42
23.11 Short- or Long-term Disability .................................................................. 42
23.11.1 Application for Benefits ............................................................... 42
23.11.2 City Determination ...................................................................... 42
23.11.3 Permanent and Stationary Determination .................................... 43
23.11.4 Temporary Determination ............................................................ 43
23.11.5 Permanent and Stationary Determination During Leave of
Absence ........................................................................................ 43
23.11.6 Accrued Vacation Payment .......................................................... 43
23.11.7 Insurance Premium Payment ....................................................... 43
Recreation Facilities and Classes ........................................................................ 43
24.1 Admission to Classes .................................................................................. 43
24.1 Use of Facilities .......................................................................................... 43
Layoff .................................................................................................................. 43
25.1 Layoff. ......................................................................................................... 43
Seniority for LayoffPurposes ..................................................................... 44
25.2.1 Order of Layoff ............................................................................... 44
Notice of Layoff. ......................................................................................... 44
Layoff Re-employment/Reinstatement Lists .............................................. 44
25.4.1 Classification Reinstatement List ................................................... 44
25.4.2 Like Classification Reinstatement List ........................................... 44
25.4.3 Duration of Re-employment/Reinstatement List ............................ 44
25.4.4 Probationary Returns ...................................................................... 45
Disciplinary Action .............................................................................................. 45
26.1 Personnel Rules and Regulations ................................................................ 45
26.2 Action by the City ....................................................................................... 45
26.2.1 Disciplinary Action ......................................................................... 45
26.2.2 Emergency Action .......................................................................... 45
26.2.3 City Manager Approval .................................................................. 45
26.3 Notice of Disciplinary Action ..................................................................... 45
26.4 Written Notice ............................................................................................. 46
26.5 Notice Timelines ......................................................................................... 46
25.2
25.3
25.4
Page
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Article
Article 27
Section 3
Article 28
Article 29
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Title Page
26.5 Appeal Rights ............................................................................................. 46
Grievance Procedure ............................................................................................ 46
27.1 Def'mition of a Grievance ............................................................................ 46
27.2 Stale Grievance ........................................................................................... 46
27.3 Information Discussion with Employee's Supervisor ................................ 46
27.4 Formal Written Grievance to Captain ......................................................... 46
27.5 Grievance to Chief of Police ....................................................................... 47
27.6 Informal Review by the City Manager ...................................................... 47
27.7 Arbitration of Grievance ............................................................................ 47
27.8 Selection of an Arbitrator .......................................................................... 47
27.9 Duty of an Arbitrator ................................................................................. 47
28.9.1 Arbitrator Decision ........................................................................ 47
28.9.2 Arbitrator Responsibility ................................................ .. .............. 47
27.10 Payment of Costs ....................................................................................... 47
27.11 Effect of Failure of Timely Action ............................................................ 48
27.12 Non-union Representation ......................................................................... 48
Provisions for All Unit Members ........................................................................ 49
Agreement Modification and Waiver .................................................................. 49
28.1 Full and Entire Agreement ........................................................................ 49
28.2 Eligibility for Retroactivity ....................................................................... 49
28.3 Written Modification Required ................................................................. 49
28.4 Waiver ....................................................................................................... 49
Signatures ............................................................................................................ 49
Sworn and Civilian Classifications ...................................................................... 50
Sworn and Civilian Classification Salary Adjustments ....................................... 51
Side Letter - Medical Benefits ............................................................................ 52
Side Letter- Optional PERS Benefits ................................................................. 53
D.1 Sick Leave Service Credit ......................................................................... 53
D.2 Single-highest Year Retirement Calculation ............................................. 53
Side Letter - Sick Leave Coding and Recognition .............................................. 54
E.1 Sick Leave Usage Coding ......................................................................... 54
E.2 Low Sick Leave Usage Recognition ......................................................... 54
Police Association Salary and Benefits Staff Report .......................................... 54
Salary Schedules .................................................................................................. 55
F:',File CabinetXEERelations~PolicehMOUXPA 01-04 MOU. do
c
xii
Memorandum of Understanding
between the
South San Francisco Police Association
and the
City of South San Francisco
Preamble
This Memorandum of Understanding is entered into by the City of South San Francisco,
hereafter designated as "City" and the South San Francisco Police Association, hereafter
designated as "Association", as a mutual agreement of those wages, hours, and conditions of
employment, that are to be in effect during the period 1/1/01, through 12/31/04, for those
employees w:~rking in classifications in represented Unit C. The City of South San Francisco
recognizes the South San Francisco Police Association as the employee organization that has
been selected by the employees in the sworn and civilian classifications.
Section' - Provisions for Sworn Personnel
Article 1. Recognition
Sworn Police Unit C consists of all employees in classifications listed in Appendix A, as well as
all employees in classifications as may be added to this Unit by the terms of this Agreement.
Article 2. Wages and Compensation
2.1 Wage Rates--
2.1.1 Salary Adjustments--Salaries will be adjusted effective the payperiod including
January 1~t of each year as identified in Appendix B of this agreement.
2.1.2 Salary Survey--A total compensation and salary survey will be conducted for the
police officer classification between the dates of 2/1/04 and 2/15/04 utilizing the
same survey agencies and methodology as used in the 2000 survey. Increases to
the base rate of pay for all bargaining unit members will be at the 60t~ percentile
of the City's standard survey agencies for the Police Officer classification and will
be effective for the entire payperiod including 1/1/04. Any adjustments will be
based on the survey average for compensation and total compensation, with the
same differential maintained between the classifications as it was in the 2000
salary schedule.
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Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
2.2
2.3
2.4
Step AdvancementmEmployees shall be required to complete the specified training or
time criteria in paid continuous regular service at each step of the salary schedule prior to
advancing to the next salary step.
2.2.1 Time in Step--Such training or time for each step shall be as noted.
2.2.1.1 Step 2--Move to the next step one year from date of hire.
2.2.1.2 Step 3--After one additional year.
2.2.1.3 Step 4--After one additional year.
2.2.1.4 Step 5--After one additional year.
2.2.2 Step Placement--New employees who have prior police training and/or
experience may be compensated at a higher step in the salary schedule for the
classification as recommended by the Chief of Police and approved by the City
Manager. Such employees shall be required to complete the specified training or
time at their initial h/re step prior to advancing to the next step of the salary
schedule. .
Incentives--Only one of the below listed incentives, either the Education Incentive or the
Certificate Incentive, will be received by an employee at any given time.
2.3.1 Education Incentives--
2.3.1.1 Associate's Degree--An employee who has successfully completed
probation and who possesses an associate's degree from an accredited
institution of learning shall be compensated at a rate 5% higher than the
rate for which the employee qualifies pursuant to above.
2.3.1.2 Bachelor's Degree--An employee who has successfully completed
probation and who possesses a bachelor's degree fi.om an accredited
institution of learning shall be compensated at a rate 7.5% higher than
the rate for which the employee qualifies pursuant to above.
2.3.2 Certification Incentive--
2.3.2.1 Intermediate P.O.S.T. CertificatemAn employee who has successfully
completed probation and who possesses an Intermediate Police Officer's
Standards and Training certificate shall be compensated at a rate 2.5%
higher than the rate for which the employee qualifies pursuant to above.
2.3.2.2 Advanced P.O.S.T. Certificate--An employee who has successfully
completed probation and who possesses an Advanced Police Officer's
Standards and Training certificate shall be compensated at a rate. 5%
higher than the rate for which the employee qualifies pursuant to above.
2.3.3 Eligibility and Written Notification--It is the employee's responsibility to submit
written notification to the department's Training Manager, upon the date of
eligibility, requesting the Education or Certification Incentive. The employee will
not be entitled to retroactive pay if the written notice has not been submitted,
and/or received as in compliance.
Special Assignments--
2.4.1 Motorcycle--A Police Officer assigned to Motorcycle duty shall be compensated
at the rate 5% higher than the employee's actual base hourly rate of pay. No more
than 5 officers shall be assigned to Motorcycle duty.
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 3
2.5
2.6
2.4.2 Dog Handler--A Police Officer assigned to Dog Handler duty shall be
compensated at a rate 5% higher than the employee's actual hourly rate of pay for
all hours in a paid status. This 5% compensation is in consideration of the.
officer's efforts in caring, feeding, and transporting the animal for the base
number of hours these activities take each month. See side letter of agreement.
2.4.3 Field Training Officer--A Police Officer assigned to Field Training Officer
(FTO) duty shall be compensated at the rate 5% higher than the employee's actual
base hourly rate of pay. No more than 6 officers shall be assigned to this duty.
The department will maintain a list of qualified officers who may temporarily fill
FTO duty, as needed; and who will be compensated at the appropriate rate of pay
when doing this assignment.
2.4.4 School Liaison--A Police Officer assigned to School Liaison duty shall be
compensated at the rate 5% higher than the employee's actual base hourly rate of
pay. No more than 1 officer shall be assigned to School Liaison duty.
2.4.5 Discontinuing Special Assignments--The rate adjustment provided above shall be
removed in the event a Police Officer discontinues working special-assignment
duty. The Officer's rate shall be reestablished at that rate for which the Officer
qualifies pursuant to above. The reestablished rate shall become effective upon
the date the Officer discontinues working special-assignment duty.
Promotion--An employee who is promoted fi:om one classification to a higher
classification within the Unit shall have his/her rate set at the first step of the new
classification or at the rate for the step 5% higher than the rate earned by the employee
prior to the promotion, whichever rate is higher. Prior to advancing to the next step of the
schedule, the promoted employee will be required to complete the specified time in each
step o5 the new classification, commencing with the date of promotion.
Bilingual Pay--
2.6.1 Former Bilingual Program--Those employees who receive bilingual
compensation as of 12/31/00 will continue to do so. An employee who has
demonstrated to the Chief of Police's satisfaction that s/he is proficient in
speaking a second language, shall be compensated. Such compensation shall
commence when the employee has passed a qualifying examination
demonstrating proficiency in the language.
2.6.2 Bilingual Program--The following bilingual program will be in effect as of
1/1/01.
2.6.2.1 Eligible Classifications--All sworn classifications within this unit are
eligible to participate in the bilingual program.
2.6.2.2 Testing--Compensation shall commence the next payperiod after the
employee has passed a qualifying examination, as determined by the
City, demonstrating proficiency in the language. To be eligible to
participate in this program, employees must speak a second language
used by a segment of South San Francisco population. Once an
employee qualifies as speaking a second language the employee will
receive bilingual pay, even if the population changes and a significant
segment no longer speaks the language.
I · Ii
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Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
2.7
2.6.2.3 Compensation--An employee who has tested, using the City's standard
bilingual testing procedures, and demonstrated satisfactory proficiency
in speaking a second language, shall be compensated at a rate 2.5%
higher than the employee's actual base hourly rate of pay.
2.6.2.3.1 Adjustment in Compensation--Bilingual compensation will be
increased to 5% higher than the employee's actual base hourly
rate of pay, effective 7/1/03.
2.6.2.4 Translating--Employees who have met the criteria and are compensated
for bilingual incentive pay must use those skills whenever the need
arises. Employees may be asked to assist an individual who is doing
business with the City at worksites other than their primary work
location.
2.6.2.5 Language Determination--The languages that are spoken in South San
Francisco that are subject to the bilingual incentive pay for purposes of
this section will be determined by reviewing the demographic data from
the local school district and/or the number of interactions that sworn
officers have with people speaking languages other than those identified
below. The Chief of Police will determine the significant interactions
with people speaking other languages. The Chief of Police and the
Union will then meet once a year to determine the languages that qualify
under this section.
2.6.2.6 Languages in Effect--The following languages shall be in effect as of
1/1/01, which shall qualify an employee to receive compensation under
this section.
Spanish.
· Tagalog.
· American Sign Language.
Longevity Pay~Pay for employees who have served the City will be granted as follows.
2.7.1 After 15 Years--After the 15th year of service as a full-time regular employee,
1.5% of compensation will be added to the eligible employee's actual hourly rate
of pay.
2.7.2 After 20 lears--After the 20t~ year of service as a full-time regular employee, in
addition to above, another 1% of compensation will be added to the eligible
employee's actual hourly rate of pay.
A ole 3. Allowances and Reimbursements
3.1 Uniform Allowance--
3.1.1 Allowance Conditions--Uniform allowance is subject to the following conditions.
3.1.1.1 Reimbursement/Allowance Distribution--Uniform allowance distribution
will be made in 2 equal increments per fiscal year. The distributions will
occur on the first payperiods in November and May. With the allowance
received, officers shall be responsible for procuring and maintaining their
Memorandum o/Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 5
3.2
3.3
uniforms and equipment as listed in the department's current General
Order and Procedures Manual.
3.1.1.1.1 Reimbursement Procedures--Reimbursement will be through
the payroll process, effective 1/01/01.
3.1.1.2 Cleaning and Maintenance of Uniforms--A portion of the annual uniform
allowance provided to all employees may be applied to expenses incurred
for the maintenance/cleaning of said uniforms. Payment for cleaning
expenses will be provided up to a maximum of 50% of the total un/form
allowance given to each employee per fiscal year. Requests for payment
towards clean/ng expenses must be submitted in writing 2 times a year
only during the months of May and November.
3.1.1.3 New Employees--Uniform allowance will commence the second year of
employment with the department. After the first year of employment is
completed, the employee will receive the uniform allowance at the next
payment period, i.e. November or May. If the year anniversary is after the
last payment month, then there will be no reimbursement for that fiscal
year. If the anniversary falls after the first payment in November,
employees shall receive half of that fiscal year's allowance.
Allowance Amounts--Each employee may receive an amount per year for the purchase of
approved uniform items. The amount of the allowance provided in each year of the
agreement shall be as follows.
3.2.1 The mount is $715 per fiscal year, effective 7/1/01.
3.2.2 The amount is $725 per fiscal year, effective 7/1/02.
3.2.3 The amount is $735 per fiscal year, effective 7/1/03.
3.2.4 The amount is $745 per fiscal year, effective 7/1/04.
Vests--Vests will be provided to all new employees at no cost to the employee. A
replacement program has been established for all employees who have vests and includes
how and when vests will be replaced, the types of vests to be replaced, and the mandatory
wearing of vests.
3.3.1 Wearing Vests--Each employee shall be required to have the approved vest on
his/her person or in the ready bag during each duty shift.
Ar cle 4. Overtime Pay
4.1 Overtime Compensation--Authorized work performed by employees, in excess of their
scheduled workday or workweek, shall constitute overtime except as otherwise provided.
Employees required to work in excess of their scheduled hours of work shall be
compe.nsated for each overtime hour so worked at the rate of 1.5 times the employee's
actual hourly rate of pay.
4.2 Training Overtime--Employees required to attend training sessions, in excess of their
scheduled hours of work, shall be compensated for each hour at 1.5 times the employee's
actual hourly rate of pay.
4.3 Overtime Pay for Court Appearances--Employees who are required in the course and
Page 6
Memorandum of Understanding
Between the South San Francisco Poi/ce Association and the
City of South San Francisco
4.4
4.5
scope of their official employment to appear in court, other than during their regular tour
of duty or shift hours, shall receive overtime pay at the rate of 1.5 times the employee's
actual hourly rate of pay. An employee shall receive a minimum of 3 hours overtime pay
for such court appearances that occur on scheduled work dates (including voluntary
overtime shift assignments) and a minimum of 4 hours overtime pay for such court
appearances that occur on non-scheduled work dates.
Call-back~in Compensation--Employees who in the course of their official employment
are called back to work, other than during their regular tour of duty or shift, shall receive
overtime pay at the rate of 1.5 times the employee's actual hourly rate of pay.
4.4.1 Workday Call-back~in--An employee shall receive a minimum of 3 hours
overtime pay for call backs that occur on scheduled work dates (including
voluntary overtime shift assignments).
4.4.2 Non-workday Call-back~in--An employee shall receive a minimum of 4 hours
overtime pay for such call backs that occur on non-scheduled work dates.
Compensatory Time--With the supervisor's approval, employees may receive pay at the
appropriate rate for each overtime hour worked or may accumulate compensatory time in
accordance with departmental policies.
4.5.1 Maximum Compensatory Time--All compensated time off may be taken in
accordance with departmental policies. Accumulated compensatory time cannot
exceed 60 hours.
Article 5. Benefits
5.1 Health Insurance Benefits--Full-time regular employees shall be eligible to receive
insurance benefits currently provided by the City through the contracts with insurance
carriers or self-insurance programs.
5.2 Medical Insurance--Employees shall be permitted to select medical insurance coverage
for themselves and their eligible dependents fi:om one of the following current HMO
plans the City has with the carriers, subject to the terms and conditions of the City's
contract with the providers.
5.2.1 Federal- or State-mandated Medical Insurance Participation--Should either state
or federal statutes mandate that the parties to this MOU participate in a national or
state health plan, health care benefits currently provided to employees covered by
this MOU will not be dkninished nor will the employee's cost for maintenance of
these benefits be increased beyond any provided in this MOU.
5.2.2 Medical Insurance Plans--Subject to the terms and conditions of the City's
contracts with medical insurance carriers, eligible employees shall be permitted to
select medical insurance coverage for themselves and their eligible, dependents
fi:om one of the following plans:
, Kaiser Permanente Foundation Health "S" Plan.
· Aetna US Healthcare or other plan to be determined.
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Memorandum 05 Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 7
5.3
5.2.3 Payment of Premiums Costs- The City shall pay the premium cost for eligible
employees and their dependents to the insurance provider for the plan selected by
each employee.
5.2.3.1Maximum Rate--The maximum City contribution to the employee's
medical premium will be a rate equivalent to the HMO plan that is the
highest composite rate in effect during the term of this agreement with
employees enrolled in more expensive plans paying the difference
between the highest composite HMO rate and the other premium rates.
5.2.4 Effective Date of Coverage--The effective date of health insurance shall be the
first of the month following the date of hire, provided the employee properly
submits a completed enrollment form within 31 days of the eligibihty date.
Coverage shall terminate at 12:00 midnight on the last day of the month in which
the employee is on paid status prior to separation fi:om employment with the City.
Dependent coverage shall terminate on the date prescribed by each health
insurance carder's contract for discontinuance of dependents no longer ehgible
for coverage.
5.2.5 Medical Plan for Employees Who Retire--Subject to the terms and conditions of
the City's contracts with medical insurance carders, an employee who retires on a
service, an industrial disability, or non-industrial disability retirement fi:om the
City's service shall be provided the oppommity to continue medical insurance
coverage with one of the City's plans subsequent to the date of retirement. The
City shall continue to pay the premium costs for the employee only and the
retiring employee shall bear the premium costs for any eligible dependents.
5.2.5.1 Spouse-paid Benefit--The City will allow the spouse of a deceased
employee/retiree to purchase medical insurance fi:om a City-provided
medical plan at the City's premium rate provided all of the following: the
employee must have been enrolled in the medical plan prior to retirement
or death; there is no cost to the City; the medical provider does not require
a City contribution; and the City is held harmless if the coverage is
discontinued.
Dental Insurancew
5.3.1 Available Plan--Employees and their dependents shall be provided dental
insurance, subject to the terms and conditions of the City's contract with the
provider.
5.3.2 Changes in Plan--The annual benefit shall increase to $1,500, effective 1/1/01.
5.3.3 Orthodontia--The lifetime orthodontia coverage is $1,000 for eligible
participants.
5.3.4 Payment of Premium Costs--The City shall pay the premium costs for eligible
employees and their dependents to the insurance provider.
5.3.5 Effective Date of Coverage Coverage is effective on the first day of the month
following completion of 6-full-months of employment with the City, provided the
employee properly submits a completed enrollment form within 31 days of the
eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the
7
P~e8
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
5.4
5.5
month in which the employee is on paid status prior to separation from
employment with the City.
5.3.6 Dental Insurance for Employees V?ho Retire--An employee who retires on a
service, industrial disability, or non-industrial disability retirement from the City
shall be provided the oppommity to continue dental insurance for themselves and
eligible dependents under the City's group plan by paying for the premium
payments through the City. The employee must be enrolled in the dental plan
prior to retirement. The employee will be completely responsible for these
payments and for continuing the insurance coverage.
Vision Insurance--Subject to the terms of the City's vision insurance plan, employees
and their dependents shall be provided vision insurance.
5.4.1 Available Plan--Employees and their dependents shall be provided vision
insurance, subject to the terms and conditions of the City's contract with the
provider. The plan provided by the City for members of the Unit shall afford
smoked-color eyeglass lenses rather than rose-tinted eyeglass lenses.
5.4.2 Payment of Premium Costs--The City shall pay the premium costs for eligible
employees and their dependents to the insurance provider.
5.4.3 Effective Date of Coverage--Coverage is effective on the first day of the month
following date of hire. Coverage shall terminate at 12:00 midnight on the last day
of the month in which the employee is on paid status prior to separation from
employment with the City.
5.4.4 Vision Insurance for Employees Vt'ho Retire--An employee who retires on a
service, industrial disability, or non-industrial disability retirement from the City
shall be provided the oppommity to continue vision insurance for themselves and
eligible dependents under the City's group plan by paying for the premium
payments through the City. The employee must be enrolled in the vision plan
prior to retiring. The employee will be completely responsible for these payments
and for continuing the insurance coverage.
Discretionary Benefit Option--An employee may elect, once each year, to receive
deferred compensation monies and to have the City pay 80% of the cost in lieu of
medical, dental, and vision benefits into the employee's deferred compensation account.
5.5.1 Proof of Alternate Insurance--The employee must provide proof of alternate
medical insurance and will be held responsible for maintaining own medical
insurance benefits through the alternate source.
5.5.2 Method of Computation--The City shall utilize a weighted average for
determining the cost of such benefit. The City shall determine the total premium
dollars for employees who are members of each of the City's medical plans, and
then divide it by the number of members to get the average medical cost. The
dental and vision composite rates will be added to the average medical cost.
Eighty percent of this total will be the amount deposited in the employee's
deferred compensation account in lieu of the paid medical, dental, and vision
benefits.
5.5.3 Exercising the Option--Employees wishing to exercise this option may do so by
submitting a completed Discretionary Benefit Option form to the Human
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 9
5.6
5.7
Resources Department. Employees may change the discretionary benefit option
once each year during the open enrollment period for medical plans, or at another
time during the year provided the employee can demonstrate to the City's
satisfaction a bona-fide need.
Life Insurance and Accidental Death and Dismemberment Insurance--
5.6.1 Term Life Value--Subject to the terms and conditions of the City's contract with
the provider, the Term Life Insurance for employees will be provided in the
amount of $5,000.
5.6.2 AD&D Value--Subject to the terms and conditions of the City's contract with the
provider, Accidental Death and Dismemberment Insurance for employees will be
provided in the amount of $5,000.
5.6.3 Payment of Premium Costs--The City shall pay the premium costs for eligible
employees to the insurance provider.
5.6.4 Effective Date of Coverage--Coverage is effective on the first day of the month
following date of h/re. Coverage shall terminate on the date the employee ceases
to be an employee of the City.
5.6.5 Additional Life Insurance--Individuals unit members may purchase additional
life insurance through the City's insurance carder, to the limit authorized in the
contract between the City and the carder.
Disability Insurance Program--All sworn employees in this unit shall be required to pay
for ar_d maintain Long-term Disability Insurance coverage, subject to the terms and
conditions of the South San Francisco Police Association's contract with the California
Law Enforcement Association. This contract provides for payment of up to %ths of the
base salary of an employee who qualifies for such payment under provisions of the Plan.
5.7.1 Coverage Coverage is effective on the first day of the month following
enrollment and tem'dnates on the day an employee separates from City
employment.
5.7.2 Costs--Since all sworn employees must pay for and maintain their long-term
disability insurance, the City will provide to the police association on behalf of
each sworn officer the long-term disability insurance costs. In addition, the City
will provide to each sworn officer every month the difference between $44.04 and
amount of the long-term disability insurance costs, which will be included on the
officers' W-2 tax statements.
5.7.3 Eligibility--An employee who is disabled from performing the full scope of the
usual and customary duties of the classification as the result of an injury or illness
and who has utilized all accrued paid leave and sick leave that the employee is
eligible up to the 60-calendar day of disability, may file an application for Long-
term Disability Insurance benefits in accordance with the requirements of the
South San Francisco Police Association's Long-term Disability Insurance Policy.
5.7.4 City Determination--Upon an employee qualifying for Long-term Disability
Insurance benefits, the City shall determine one of the following:
5.7.4.1 Permanent and Stationary Status--Whether the employee's disability
from performing the full scope of the usual and customary duties of the
employee's classification is permanent and stationary.
Page 10
Memorandum of Understanding
Between the South San Francisco Pohce Association and the
City of South San Francisco
5.8
5.7.4.2Recovery Status--Whether the medical prognosis for the employee's
eventual ability to completely recover to a point of being able to assume
the full scope of the usual and customary duties of the employee's
classification is such that there exists a probability of complete recovery
within a period of 365 days, or a reasonable extension thereof.
5.7.5 Permanent and Stationary Determination--If the City determines that the
employee's disability from performing the full scope of the usual and customary
duties of the employee's classification is permanent and stationary, then the City
may, in accordance with applicable law, retire the employee or otherwise separate
the employee from the City's service or from the employee's classification.
5.7.6 Temporary Determination--If the City determines that the employee's disability
in performing the full scope of the usual and customary duties of the classification
is such that there exists a probability of complete recovery within a period of 365
days, or a reasonable extension thereof, the City may in accordance with
applicable law, grant the employee a leave of absence with or without pay for a
period appropriate to the time necessary to determine the employee's ability to
completely recover or the City may not grant such leave and separate the
employee from the City's service.
5.7.7 Permanent and Stationary Determination During Leave of Absence--If the City
grants an employee a leave of absence without pay for the purpose of providing
the employee with the ability to completely recover and the employee's disability
becomes permanent and stationary during the period of such leave, then in
accordance with applicable law, the City may retire the employee on a disability
retirement or separate the employee from the City's service or from his/her
classification at such time as the employee's condition becomes permanent and
stationary.
5.7.8 Accrued Vacation Payment--Upon becoming eligible for Long-term Disability
Insurance benefits, and upon being granted a leave of absence without pay for a
period appropriate to the time necessary to determine an employee's ability to
completely recover, the City will pay, at the request of the employee, any accrued
vacation time for which the employee qualifies.
5.7.9 Insurance Premium Payment--The City will continue to pay insurance premiums
on behalf of the disabled employee and eligible dependents, pursuant to the
provisions for such payments otherwise provided in this Agreement until the
actual date of separation from City employment of the employee.
Hepatitis "B" Vaccination--The City will provide at City expense, a hepatitis "B"
vaccination to employees who desire such vaccination and who are unable to obtain one
under their medical plan.
Article 6. Retirement Benefits
6.1 Deferred Compensation Program--All full-time regular employees are eligible to
participate, subject to its terms and conditions, in the City of South San Francisco's
10
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 11
6.2
deferred compensation plans.
Retirement Plan--Retirement benefits for employees shall be those established by the
Public Employees' Retirement System (PERS) for Local Safety Members 2% at age 50
formula.
6.2.1 IRS Section 415 Limits--In general, retirement enhancements may be adopted at
any time so long as the benefits under the amendment do not exceed IRS Section
415 limits.
6.2.1.1 Grandfathering Benefits--If there is a grandfather election and if the
accrued benefit as of 10/14/87 exceeds the Section 415 limitations, the
benefit cannot be enhanced until the current IRS Section 415 limit exceeds
the accrued benefits.
6.2.1.2 Section 415 Election--If the employer's contributions to a retirement plan
are reduced because of lower limitations in annual retirement benefits
following a Section 415(b)(10) election, the affected employees should
receive the difference in higher compensation or some other benefit
negotiated by the South San Francisco Police Association.
6.2.1.3 Insignificant Provision Conflict--If the above provisions do not comply
with requirements of a law governing PERS or the IRS in an insignificant
manner, this will not affect the legality of the remainder of these
provisions or the intent or effect thereof. In that event, the City shall meet
and confer in good faith with the Association to make such changes as
necessary to carry out the intent of this section.
6.2.1.4 Significant Provision Conflict --In the event that this section conflicts
significantly or substantially with any federal or state law, this section may
be voided and severed l~om the contract without affecting the legality and
continuity of the rest of the agreement. Additionally, the City agrees to
meet and confer to replace any lost benefit with a similar or replacement
benefit of equivalent value.
6,2.1.5 PERS Agreement--The City agrees to enter into any lawful agreement
with PERS necessary to effectuate the purpose of this section.
6.2.2 Optional Provision Added---Optional Public Agency Provisions under the Public
Employees' Retirement System shall also be provided as follows:
6.2.2.1 Survivor Allowance--The 1959 Survivor Allowance as set forth in the
Public Employees' Retirement Law, third tier of benefits.
6.2.2.2 Single-highest Year Compensation--One-year highest compensation as set
forth in the Public Employees' Retirement Law.
6.2.2.3 Military Service Credit--Military Service Credit as public service as
provided by law.
6.2.2.4 $% at Age 50 Retirement Formula--The 3% at age 50 retirement formula
will be provided at no cost to the employee, effective the payperiod
including 1/1/03.
6.2.2.5 SickLeave Credit Provision--Sick Leave Service Credit as set forth in the
Public Employees Retirement Law. See Sick Leave Service Credit in
Appendix D for side letter agreement.
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Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
6.3
6.2.2.6 Other Provisions--See Appendix D for side letter agreement.
6.2.3 Employee's Contribution to Retirement System--All employees shall pay the
employee contribution to the Public Employees' Retirement System. The City
shall provide the 414(h)(2) Exemption from the Internal Revenue Service granting
a deferral from federal withholding taxes of that portion of employees'
contribution to PERS.
Payment of Unused Accumulated Sick Leave--
6.3.1 Discontinued 90-day Plan-
6.3.1.1 Eligible Employees--An employee who had accumulated unused sick
leave hours on record under the discontinued sick leave accumulation plan
shall be eligible to receive payment under this provision.
6.3.1.2 Number of Hours Payable--An employee shall receive payment for 50%
of the unused sick leave hours on record, up to a maximum of 960 of such
recorded hours (maximum of 480 comparable hours), for the hours
accumulated through the payperiod that included 7/1/77.
6.3.1.3 Time of Payment--An employee or an employee's beneficiary shall
become eligible to receive payment for unused sick leave hours either
upon the death of the employee, upon the retirement of the employee, or
within 3 months from the original date of including this section in the
Agreement. Payment may be made at the time of an employee's death or
retirement or may be deferred to the first payroll period in the calendar
year immediately following death or retirement, at the option of the payee.
6.3.2 Sick Leave Accrued After October 1, 1986---Upon death, separation from City
employment as a result of a work-related injury, full service retirement after 20
years of service, or retirement at age 50, an employee shall be paid half of the
accumulated sick leave at the time of separation, retirement, or death. Payment of
unused sick leave hours shall be made at the employee's actual hourly rate. No
employee shall, however, receive payment for any recorded hours in excess of
1200 and the maximum payable hours shall be 600. The accrual shall include the
amount credited, if any, on 10/1/86, for the period when the 90-day sick leave
plan was in effect.
Article 7. Holidays
7.1 Authorized Holidays--The City observes the following hohdays.
7.1.1 Full-day Holidays--The City shall observe the following full-day hohdays.
January 1 ................................................................... New Year's Day
Third Monday in January ......................................... Martin Luther King, Jr. Day
Third Monday in February ....................................... President's Day
Last Monday in May ................................................. Memorial Day
July 4 ......................................................................... Independence Day
First Monday in September ...................................... Labor Day
Second Monday in October ...................................... Columbus Day Observed
12
Memorandum o_-' Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 13
7.2
7.3
November 11 ............................................................ Veteran's Day
Fourth Thursday in November ................................. Thanksgiving Day
Friday following Fourth Thursday in November ..... Day After Thanksgiving
December 25 ............................................................. Christmas Day
7.1.2 Half-day Holidays--In addition, the City observes the following half-day
holidays.
December 24 ............................................................. Christmas Eve Day
December 31 ............................................................. New Year's Eve Day
Holidays Not Worked--Employees, who by the nature of their assignment, are unable to
observe City holidays, shall be compensated for authorized holidays as 8 hours of straight
time overtime for the holiday and straight time for the hours worked. Employees
schedided to work on a City holiday, but are unable to do so due to a job-related injury,
shall receive payment in accordance with this provision as long as they are not receiving
compensation l~om other sources. Employees unable to work a holiday due to illness or
injury unrelated to the job shall also be compensated for the holiday pursuant to this
provis_'on, provided that the employee submits to the Chief of Police a doctor's certificate
verify2ng the illness or injury, or files a sick leave certification following department
procei._ures.
Discretionary Holiday--Each regular employee shall be eligible for one 8-hour holiday
in addition to the holidays observed by the City. An employee's discretionary holiday
may be taken at the option of the employee and as approved by the Chief of Police. An
employee must take the discretionary holiday each calendar year before the payperiod
prior to the last payperiod of the calendar year. An employee who has not used the
discretionary holiday by that payperiod shall forfeit the holiday. An employee whose
work schedule prohibited the use of the discretionary holiday by the payperiod prior to
the last payperiod of a calendar year may receive payment for the holiday with the
approval of the Chief of Police.
Article 8. Leaves
8.1 Vacation--Employees shall be entitled to accrue annual vacation without loss of pay in
accordance with the following schedule:
Accrual Rate Per Length of Service
l~t through 4t~ year, inclusive
5t~ through 14t~ year, inclusive
15t~ through 24t~ year, inclusive
25t~ and succeeding years
8.1.1
Biweekly Annually
4.62 hours 120 hours.
6.15 hours 160 hours.
7.69 hours 200 hours.
9.23 hours 240 hours.
Vacation Leave Accrual Exceptions--Employees with 11 through 14 years of
service, who prior to 4/1/90, received 176 hours per year of vacation shall
continue to receive this accrual rate, and employees who have between 5 and 10
years of service in a position represented by the Unit as of 4/1/90 shall receive
13
Page 14
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
8.2
8.3
176 hours per year of vacation upon reaching 11 years of service.
8.1.2 Vacation Payoff--Employees who have scheduled a minimum of 2 workweeks of
vacation during each calendar year shall be permitted to receive the cash value of
up to 48 hours of unused but accrued vacation. Requests for payment of accrued
vacation may be processed within 45 days of such scheduled leave.
8.1.3 Deferral of Vacation Period--In the event that the needs of the department are
such that an employee is unable to schedule and take all vacation time during a
calendar year, the unused and unscheduled portion of vacation may be deferred to
the following calendar year, provided that the Chief of Police approves the
deferral.
8.1.3.1 Requesting Vacation Deferral--An employee may request the deferral of
up to 40 hours of vacation leave from one calendar year to the following
calendar year. A written request shall be filed with the Chief of Police,
must be approved by the Chief of Police, and must also be approved by the
City Manager prior to the employee being granted permission for such
deferral of vacation leave.
8.1.4 Vacation Compensation--An employee who retires or separates from City
employment and who has unused accrued vacation time shall be compensated at
the employee's actual hourly rate of pay for all unused accrued vacation.
Bereavement Leave--An employee may be granted leave of absence without loss of
salary or benefits upon the death or for the funeral of a family member as defined below.
8.2.1 Definition of Family Member for Bereavement Leave--For the purpose of
bereavement leave, a family member is defined as a spouse, child, father, mother,
brother, sister, grandfather, grandmother, father-in-law, mother-in-law, brother-in-
law, sister-in-law, daughter-in-law, and son-in-law. In addition, the Chief of
Police may grant bereavement leave to an employee upon the death or for the
funeral of some other person, if in the opinion of the Chief of Police, there existed
an extraordinarily close familial relationship between the employee and such other
person.
8.2.2 Leave V~ithin California--Employees may be granted up to a maximum of 24
hours of bereavement leave per occurrence for the death or for the funeral of a
family member residing within California.
8.2.3 Leave Outside California--Employees may be granted up to a maximum of 40
hours of bereavement leave per occurrence for the death or for the funeral of a
family member residing outside of California.
Sick Leave--
8.3.1 Sick Leave Eligibili~-Eve~ permanent and probationary employee, except
those employees who work less than full-time, who is temporarily and/or partially
disabled fi:om performing the full scope of the usual and customary duties of
his/her classification as the result of an injury or illness, that is not industrially
caused, shall be eligible to receive sick leave without loss of salary or benefits,
within the limits set forth below.
8.3.2 Amount of Sick Leave--Each employee will accrue 8 hours per month of sick
leave. Such leave may be accumulated without limit.
14
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
P~el5
8.3.3
8.3.4
8.3.5
8.3.6
8.3.2.1 Discontinued Sick Leave Plan--Effective 10/1/86, for those employees
working for the City as of that date, each employee will be credited with
an mount of sick leave that would have been accrued during the period of
the 90-day sick leave plan, including a deduction for any actual usage,
beginning 7/1/77.
Advancing Sick Leave--Any employee who has an accrued available sick leave of
less than 96 hours can be advanced up to a maximum of 88 hours of sick leave
after exhaustion of all accrued sick leave.
Sick Leave Definition--Sick leave as used herein, is defined as a period of time
during which the employee suffers actual illness or injury that necessitates
absence from employment. Sick leave is not a right or privilege to be used at the
discretion of the employee.
Sick Leave Request--An employee shall make a written request for paid sick
leave for each occurrence of sick leave on such forms and in accordance with such
policies and procedures established for sick leave requests by the Chief of Police.
8.3.5.1 Approval of Sick Leave Request--The Chief of Police shall review all sick
leave requests and, if approved, the request for paid sick leave shall be
granted. The Chief of Police shall not unreasonably withhold approval of
sick leave requests.
8.3.5.2 Notification--The employee must notify his/her immediate supervisor
prior to, or within 2 hours of, the commencement of the daily work period
for which sick leave is sought.
8.3.5.3 Verification of Injury or Illness--
8.3.5.3.1 Usual Verification--An employee requesting paid sick leave
shall provide reasonable verification of the illness or injury,
usually in the form of the employee's personal statement of
injury or illness.
8.3.5.3.2Doctor's Verification--The Chief of Police may require a
verification prepared and signed by a medical doctor, describing
the nature and extent of the illness or injury and confirming that
the employee has fully recovered and is able to perform the full
scope of the normal and customary duties of the classification.
This verification shall be required when an employee is absent
due to illness or injury for a period of 39 hours or more. In
addition, the Chief of Police may require a medical verification
any time the Chief has a reasonable basis to believe that the leave
has been abused by an individual employee. Such medical
verification requests shall not be unreasonably imposed.
Sick Leave Management Plan--The City's Sick Leave Management Policy
Administrative Instruction defines abuse of sick leave as the use of sick leave for
purposes other than illness or injury. Consistent with this policy, the monitoring,
management, maximum use of sick leave, and reporting should conform to a
general City standard. Therefore, employees working 8-hour shifts, who exceed
56 hours or 7 occurrences and employees working 10-hour shifts who exceed 70
15
Page 16
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
8.4
8.5
8.6
hours or 7 occurrences of sick leave per year will be subject to a review of sick
leave usage.
Medical Appointment Leave--Employees shall receive leave with pay for appointments
with medical doctors and dentists. Such leave shall be authorized only for the actual time
necessary for the appointment. Employees shall be required to submit a personal
statement describing the nature and need of such visits. The City reserves the right to
comSrm or verify any appointment for which such leave is authorized.
8.4.1 Medical Appointment Leave Charged to Sick Leave--The first 8 hours per year of
medical appointment leave will not be charged to sick leave, all other absences
related to medical appointments shall be charged to sick leave.
Paid Family Care Leave--
8.5.1 Employees Hired Prior to I/O]/OI Eligibility for Paid Family Care Leave--Only
those full-time regular employees in a sworn classification as of 12/31/00 shall be
eligible for 10 hours of Paid Family Care Leave for the purpose of obtaining
medical consultation or treatment or for caring for an injured or ill fanfily member
as defined below.
8.5.2 Definition of Family Member for Paid Family Care Leave--For the purposes of
Paid Family Care Leave, a family member shall include the employee's spouse,
child, mother, father, sister, brother, grandmother, grandfather, mother-in-law,
father-in-law, sister-in-law, brother-in-law, daughter-in-law, and son-in-law. In
addition, the Chief of Police may grant leave to an employee for some other
person (other then family member, as listed), if in the opinion of the Chief of
Police, there exists or existed an extraordinary close familial relationship between
the employee and such other person.
8.5.3 Sick Leave as Family Care Leave--Employees accrue sick leave each year as
def'med in the sick leave article of this agreement. In recognition of Labor Code
233, effective 1/1/00, employees are permitted to use up to half of their annual
sick leave allotment, in any calendar year, for the purpose of obtaining medical
consultation, treatment, or for caring of a sick family member as defined below.
8.5.3.1 Definition of Family Member for Sick Leave as Family Leave
Purposes--A family member, as defined in Labor Code 233, shall
include the employee's spouse, child, mother, and father.
8.5.3.2 Leave Amount--The combined total of hours taken for family care
purposes pursuant to Labor Code section 233, including any leave used
from the Paid Family Care Leave provision, if eligible, shall not exceed
one-half of the employee's annual allotment of sick leave.
8.5.4 Concurrent Use of Leave--This leave may run concurrently with any family care
leave permitted under federal or state law.
8.5.5 Notification Procedures--Leave usage forms and notification procedures will
continue to be used, provided the City reserves the fight to take such action it
deems necessary to confirm or verify use of this leave.
Light-duty Program--The purpose of this light-duty program is to minimize the loss of
productive time, while at the same time reintroduce the employee to work to prevent
deterioration of skills, facilitate recovery, and reduce income loss. Light-duty
16
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 17
assigr_ments will be structured so employees are not placed in a duty status that would
aggravate or cause a reoccurrence of injury or illness. Light-duty assignments will not be
made unless the employee receives medical clearance from the treating physician to
return for light-duty work. If applicable, this program shall be coordinated with
appropriate workers' compensation benefits so that benefits are provided at the level not
less tkan those mandated by state law.
8.6.1 Coverage--This light-duty program will cover any employee who suffers a
temporary and partial disability due to an industrial or non-industrial injury or
illness.
8.6.1.1 Determination/Required Reports--
8.6.1.1.1 Assignments--Light-duty assignments may be made following
evaluation and determination by the Chief of Police. The
determination will be based on available medical information,
and consultation with the employee or the affected supervisor.
Determinations will also be based on the needs of the City and
the impact of light duty work on departmental operations. The
evaluation and determination of light-duty assignments will be
based on the employee's medical restrictions and upon
agreement of the Chief of Police, the employee, and the affected
supervisor.
8.6.1.1.2Medical Updates--After the initial report, updated medical
reports shall be submitted to the Chief of Police at 2-week
intervals, or at other agreed-upon intervals, for as long as the
employee is off work. Reports will be required for all industrial
or non-industrial injuries or illnesses regardless of whether a
light-duty assignment has been made. Reports will be evaluated
by the Chief of Police for purposes of continuing or terminating a
current light-duty assi~ment or to determine when to commence
a light-duty assignment.
8.6.1.2Light-duty Assignment, Definitions, and Restrictions--Light-duty
assignments shall only be provided to employees with temporary
disabilities where it has been medically determined that the employee will
be able to remm to the essential functions of his/her current job with or
without accommodation. Under no circumstances shall the light-duty
assignment be considered to be a permanent altemative position for
purposes of reasonable accommodation under the American with
Disabilities Act. Light-duty assignments:
· May consist of reduced work hours, limited work, or any combination
thereof.
· Will not adversely affect the employee's actual hourly rate of pay.
· Will be within the employee's assigned department; or if no regular
work is available, the employee may be assigned work outside of the
department, consistent with the employee's skill and ability.
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Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
8.7
· When feasible, light-duty work will be during the employee's normal
shift and duty hours. However, if it is determined that no useful work
will be performed during the normal shift or duty hours, the employee
can be assigned light-duty work during the normal business hours of
8:00 a.m. to 5:00 p.m., Monday through Friday, or to an alternate shift.
· Will be developed based on available specific light-duty assignments
on a case-by-case review of the medical restrictions, so as not to
aggravate an injury or illness.
· Will not be placed in light-duty assignments that, in the normal course
of events, will require that the employee provide direct field
emergency response.
8.6.1.3 Holidays/Vacations During Light-duty Assignments--
8.6.1.3.1 Holidays Observed--Holidays shall be observed in accordance
with the light-duty assignment work hours and workweek. That
is, if an employee is assigned to work hours in a department,
division, or operating unit where employees in that work unit
take a holiday off, so shall the light-duty employee. If the
employee is assigned to work hours in a department, division, or
operating unit where employees in that work unit work holidays,
so shall the light-duty employee. Compensation for holidays
shall be in accordance with this agreement.
8.6.1.3.2 Vacations--Employees assigned to light duty shall take their
vacation as normally scheduled. Vacations shall cover the same
number of workdays and calendar days as would have been if the
employee had remained on full duty. Employees may reschedule
their vacation with the approval of the Chief of Police, provided
the rescheduling does not result in increased costs or lost time to
the City for relief staff to cover the rescheduled vacation.
8.6.2 Return to Full Duty~Employees will be returned to full duty as soon as possible
following medical certification that the employee is able to resume the full duties
of the classification with or without reasonable accommodation.
Pregnancy-related Disability Leave--Employees may be granted leave up to the
maximum period of time permitted by law for disabilities caused or contributed to by
pregnancy, childbirth, or related medical conditions or for reason of the birth of a child or
the placement of a child with an employee in connection with adoption.
Article 9. Recreational Facilities and Classes
9.1 Admission to Classes--All full-time regular employees shall be entitled to free admission
to City recreation facilities 'and to free enrollment in up to 5 recreational classes during a
12-month period (lab fees or ingredient fees not included).
9.2 Use of Facilities--Employees using City recreation facilities and enrolled in City
recreational classes shall engage in such activities on the employee's non-work time.
18
Memorandum o5 Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 19
Employee admission to recreation facilities and recreation classes shall be accomplished
in conformance with the rules and regulations established by the Parks, Recreation, and
Maintenance Services Department.
Anicle 10. Layoff
10.1 Layoff--Whenever, in the judgment of the City Council, it becomes necessary in the
interest of economy, because of lack of need for the position, or employment involved no
longer exists, the City Council may abolish any position or employment in the
competitive service and layoff, reassign, demote, or transfer an employee holding such
position or employment without filing written charges. The appointing authority may
likewise layoff an employee in the competitive service because of material change in
duties or organization, or because of shortage of work funds.
10.2 Seniority---Seniority, for the purpose of layoff, is defined as length of continuous full-
time employment within the service of the City, and does not include service in a
provisional and temporary status. Seniority shall be retained, but shall not accrue during
any period of leave without pay, except as authorized by state or federal law.
10.3 Order of Layoff--When one or more employees working in the same class in a City
department are to be laid off (provisional and temporaries therein, having already been
terminated), the order of layoff in the affected department shall be probationary
employees in reverse order of seniority, then permanent employees in reverse order of
seniority. Should 2 or more employees have identical City service seniority, the order of
layoff will be determined by classification seniority. Whenever 2 or more employees
have identical classification seniority, the .order of layoff shall be determined by an
established departmental seniority policy (badge numbers) or in the absence or dispute
thereo_-', random selections.
10.4 Notice of Layoff--EmploYees shall be sent written notice, including reasons therefore, by
Certified Registered Mail, Return Receipt Requested or be personally served a minimum
of 20-working days prior to the effective date of layoff. An employee receiving said
notice may respond in writing to the City Manager. The employee's representative shall
receive concurrent notice, and upon request, shall be afforded an opportunity to meet with
the City to discuss the circumstances requiring the layoff and any proposed alternatives,
that do not include the consideration of the merits, necessity, or organization of any
service or activity. The provisions below, must be requested by the employee in writing
15-working days prior to the effective date of layoff.
10.5 Layoff Re-employment/Reinstatement List--
10.5.1 Classification Reinstatement List--Probationary and permanent employees who
are reclassified and/or demoted as a result of a reduction in force, shall have their
names placed on a classification reinstatement list in order of their seniority.
Vacant positions within the classification shall first be offered to employees on
this list.
10.5.2 Like Classification Reinstatement Opportunities--Employees who are laid off
shall have their names placed on a reemployment list of classifications that, in the
19
Page 20
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
10.5.3
10.5.4
opinion of the Director of Human Resources, require basically the same
qualifications, duties, and responsibilities as those of the classification fi:om which
the layoff occurred, in order of seniority. Vacant positions in such classifications
shall be offered to the reemployment list who qualify for such vacancies prior to
an open or promotional recruitment.
Duration of Re-employment~Reinstatement Lists--No name shall be carried on a
reinstatement or reemployment list for a period of longer than 2 years. Refusal to
accept the first offer of reinstatement or reemployment within the same
classification shall cause the name to be dropped fi:om the list. Individuals not
responding to written notification forwarded to their last given address by
certified mail, return receipt requested, of an opening within 10-working days
fi:om mailing shall have their names removed fi:om either the reinstatement or
reemployment list. Individuals who do not meet current employment standards
(i.e., medical, licenses, etc.), shall have their names removed fi:om either the
reinstatement or reemployment list.
Probationary Returns--Probationary employees appointed fi:om a reinstatement
or reemployment list must serve the remainder of their probationary period in
order to attain permanent status.
Article 1 1. Disciplinary Actions
11.1 Action by City--The City shall take disciplinary action against a permanent employee for
misconduct including, but not limited to: chronic absenteeism; incompetence;
insubordination; failure to follow work rules; misstatement of fact on an application or
other personnel document; falsification of leave. Disciplinary actions may take the form
of suspension, pay reduction, demotion, or discharge.
11.2 Chief of Police Action--All disciplinary action taken against an employee must receive
the prior approval of the appointing authority except under emergency circumstances that
dictate immediate suspension of the employee by the Chief of Police. In such cases,
Chief of Police shall immediately report the action taken to the appointing authority who
shall review the case and make a determination concerning the appropriateness of the
suspension and the further disciplinary action.
11.3 City Manager Approval--All actions resulting in salary reductions shall be subject to
review by the appointing authority and the Chief of Police within 30 days following the
effective date of the initial action and at regular intervals thereafter. Actions resulting in
demotions may be reviewed at the sole discretion of the appointing authority.
11.4 Notice of Disciplinary Action--The City shall provide the affected employee with written
notice prior to taking disciplinary action, except where circumstances dictate that the City
take immediate action to remove the employee from the work place. In such cases,
written notice, as set forth below, shall be provided the employee within 2 working days
fi:om the date of the action. In all cases, written notice of disciplinary action shall be
served on the employee personally or by certified registered mail, with a copy of the
notice placed in the employee's personnel file.
2O
Memorandum 05 Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 21
11.5
11.6
11.4.1 Written Notice--The written notice shall contain the type of disciplinary action,
the effective date of the action, the reason or cause for the action, that the
employee may inspect copies of all materials upon which the action is based, and
that the employee has the right to respond, either orally or in writing, to the
authority initially imposing the discipline.
Notice Timelines--Except for instances where disciplinary action must be imposed
immediately, the notice shall be provided to the employee no later than 10-working days
before the disciplinary action is to be effective. Where immediate disciplinary action has
been imposed, such action will not be final until the aforementioned notice has been
furnished to employee and the employee has been provided up to 10-working days from
receip: of the notice an oppommity to respond to the authority initially imposing the
discip~_ine.
Appeal Rights Once the proposed disciplinary action l~as been imposed, the affected
employee shall have the right to appeal. Such appeals shall be filed directly at the fourth
step of the grievance procedure set forth in Rule 14 of the Personnel Rules and
Regulations.
Article 12. Grievance Procedure
12.1 Definition ofa Grievance--A grievance is an allegation by an employee or a group of
employees that the City has failed to provide a condition of employment that is
established by this Agreement, provided that the enjoyment or the condition of
employment is not made subject to the discretion of the Chief of Police or the City. This
grievance procedure shall not apply to discipline or other matters over which the
Persormel Board has jurisdiction pursuant to Title 3 of the Municipal Code. This
grievance procedure shall be the exclusive means of resolving grievances of employees
covered by this Agreement.
12.2 Stale Grievance--A grievance shall be void unless filed in writing within 45-calendar
days from the date upon which the City is alleged to have failed to provide a condition of
employment established by this Agreement, or within 45-calendar days from the time an
employee might reasonably have been expected to have learned of the alleged failure.
12.3 Informal Discussion with Employee's Supervisor--Before proceeding to the formal
grievance procedure, an employee shall discuss the grievance with the immediate
supervisor in an attempt to work out a satisfactory solution. If the employee and
immeLiate supervisor cannot work out a satisfactory solution, the employee may then
choose to represent him/herself individually, or may request the assistance of an
employee representative, who has been officially authorized by the Union to write and
formally present the grievance.
12.4 Formal Written Grievance to Captain--If the employee chooses to formally pursue the
grievance, s/he shall present the written grievance to the supervising Captain within 15-
calendar days after the date upon which the grieving employee informally discussed the
grievmace with the immediate supervisor. The written grievance shall specify the Article,
Section, and/or Subsection of this Memorandum or Understanding alleged to have been
21
Page 22
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
violated by the City and shall specify date, times, persons, remedy requested, and other
facts necessary to a clear understanding of the matter being grieved. The Captain shall
respond in writing to the grievance within 15-calendar days after receipt of the written
grievance. If the grievance is not resolved at this level, the employee shall have 15-
calendar days from receipt of the Captain's answer to file an appeal to the Chief of Police.
12.5 Grievance to the Chief of Police--The Chief of Police or designee shall have 15-calendar
days after receipt of the grievance to review and answer the grievance in writing. A
meeting between the Chief of Police or designee and the grievant and the grievant's
representative may be scheduled in order to facilitate resolution.
12.6 Informal Review by the City Manager--In the event that the grievance is not resolved by
the Chief of Police, the grievant may, within 30-calendar days after receipt of the Chief's
decision, request in writing to the City Manager, that the grievance be heard by the City
Manager.
12.7 Arbitration of Grievance--Prior to the selection of an arbitrator and submission of the
grievance for hearing by an arbitrator, the City Manager or designee may informally
review the grievance and determine whether said grievance may be adjusted to the
satisfaction of the employee. The City Manger or designee shall have 15-calendar days
to review and seek adjustment of the grievance.
12.8 Selection of an Arbitrator--The arbitrator shall be selected by mutual agreement between
the City Manager or designee and the grievant or the grievant's representative. If the City
Manager or designee and the grievant or the grievant's representative are unable to agree
on the selection of an arbitrator, they shall jointly request the State Mediation and
Conciliation Service to submit a list of 7 arbitrators who have demonstrated experience in
public sector arbitration. The parties shall then alternatively strike names from the list
until only one name remains, and the person shall serve as arbitrator. Lot shall determine
the first strike fi:om the list.
12.9 Duty of Arbitrator-
12.9.1 Arbitrator Decision--Except when an agreed statement of facts is submitted by
the parties, it shall be the duty of the arbitrator to hear and consider evidence
submitted by the parties and thereafter to make written findings of fact and
disposition of the grievance, which shall be final and binding upon the parties.
The decision of the arbitrator shall be based solely on the interpretation of the
appropriate provisions of the Agreement applicable to the grievance, and the
arbitrator shall not add to, subtract from, modify, or disregard any of the terms or
provisions of the agreement.
12.9.2 Arbitrator Responsibility--The provisions for arbitration are not intended and
shall not be construed to empower an arbitrator to change any condition of
employment, specifically covered by the Agreement or, in any respect, to revise,
modify or alter, any provision contained in the Memorandum of Understanding.
12.10 Payment of Costs--Each party to a heating before an arbitrator shall bear his/her own
expenses in connection therewith. Either party shall have the right to a reporter's
transcript of the hearing provided that this cost is born by the requesting party. If the
other party elects to utilize a copy of the transcript, the entire costs shall be divided
equally. All fees and expenses of the arbitrator shall be borne half by the City and half by
22
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 23
12.11
12.12
the gr_'evant.
Effect of Failure of Timely Action--Failure of the employee to file an appeal within the
required time period at any level shall constitute an abandonment of the grievance.
Failure of the City to respond within the time limit at any step shall result in an automatic
advancement of the grievance to the next step.
Non-anion Representation--In the event that an employee chooses to represent
him/herself, or arranges for representation independent of the Union, the Chief and the
City shall make no disposition of a grievance that is inconsistent with the terms and
conditions of this Agreement. In the event an employee shall elect to go to hearing
independently, the Union shall have the right to be a full and equal party to such
proceedings for the purpose of protecting the interests of its members under the terms of
the Agreement.
A ticle 13. Employees Covered
The provisions of this agreement apply to all employees represented by Unit C in the City of
South San Francisco Police Association. A Unit member must be employed by the City in a
position covered by this Agreement at the time settlement is reached, or when a successor
Memorandmr_ of Understanding is reached, and that Agreement is ratified, in order to be eligible
for any limited retroactivity in salary or benefit increases that the successor Memorandum of
Understanding may provide.
Article 14. Modification
This Memorandum of Understanding shall supersede all existing and prior Memoranda of
Understanding between the City and Unit and conflicting personnel rules, regulations,
resolutions ar_d ordinances. This Agreement does not modify any provisions of the Personnel
Rules and Regulations of the City, except as expressly provided herein.
gmicle 15. Disputes
Any dispute over an interpretation of this Agreement shall be processed in accordance with the
procedures se: forth in the Grievance Procedure in this Agreement.
23
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Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Memorandum of Understanding
between the
South San Francisco Police Association
and the
City of South San Francisco
Section 2- Provisions for Civilian Support Staff
Article 1 6. Recognition
Civilian Police Unit C consists of all employees in classifications listed in Appendix A, as well
as all employees in classifications as may be added to this Unit by the terms of this Agreement.
Article 17. Wages and Compensation
17.1 Wage Rates--
17.1.1 Salary Adjustments--Salaries will be adjusted effective the payperiod including
January 1st of each year as identified in Appendix B of this agreement.
17.1.2 Salary Survey--A total compensation and salary survey will be conducted for the
all civilian classification between the dates of 2/1 and 2/15/04 utilizing the same
survey agencies and methodology as used in the 2000 survey. Increases to the
base rate of pay for all bargaining unit members will be at the 60t~ percentile and
will be effective for the entire payperiod including 1/1/04. Any adjustments will
be based on the survey average for compensation and total compensation, with the
same differential maintained between the classifications as it was in the 2000
salary schedule.
17.2 Time-In-Step Each employee shall complete the amount of time prescribed for each step
of the plan applicable to the classification prior to advancing to the next step. Employees
shall be required to complete the specified training or time criteria in paid continuous
regular service at each step of the salary schedule prior to advancing to the next salary
step.
17.2.1 Time in Step--Such training or time for each step shall be as noted.
17.2.1.1 Step 2--Move to the next step one year from date of hire.
17.2.1.2 Step 3--After one additional year.
17.2.1.3 Step 4 After one additional year.
17.2.1.4 Step 5--A_fter one additional year.
24
Memorandum o5 Understanding
Between the South San Francisco PoLice Association and the
City of South Sma Francisco
Page 25
17.3
17.4
17.5
Special Compensation--
17.3.1 Acting Supervisor Compensation--An employee in a classification below the
level of a first-line supervisor who is assigned to perform the duties of a first-line
supervisor or above shall receive added compensation for all time served in the
acting capacity at the rate of pay for which the employee would qualify, were the
employee to be promoted to the acting classification.
17.3.2 Temporary Assignment to Higher-level Classification--An employee in a first-
line supervisory or higher classification who is assigned to perform the duties of a
higher classification for a period of 30-calendar days or more shall receive added
compensation for all time so served at the rate of pay for which the employee
would qualify, were the employee promoted to the higher classification. An
employee in a first-line supervisory classification or higher classification who is
assigned to perform the duties of a higher classification for a period of time of less
than 30-calendar days shall not receive any additional compensation for any of the
time spent in the performance of such duties.
Promotions--An employee who is promoted fzom one classification to a higher
classification, shall haVe his/her rate of pay set at the first step of the new classification or
at the rate for the step 5% higher than the rate earned by the employee prior to the
promotion, whichever is higher. Prior to advancing to the next step of the schedule, the
promoted employee will be required to complete the specified time in each step of the
new el assification, commencing with the date of promotion.
Bilingual Pay--
17.5.1 Former Bilingual Program--Those employees who receive bilingual
compensation as of 12/31/00 will continue to do so. An employee who has
demonstrated to the Chief of Police's satisfaction proficiency in speaking a
second language, shall be compensated. Such compensation shall commence
when the employee has passed a qualifying examination demonstrating
proficiency in the language.
17.5.2 Bilingual Program--The following bilingual program will be in effect as of
1/1/01.
17.5.2.1 Eligible Classifications--All civilian classifications within this unit are
eligible to participate in the bilingual program.
17.5.2.2 Testing~Compensation shall commence the next payperiod after the
employee has passed a qualifying examination, as determined by the
City, demonstrating proficiency in the language. To be eligible to
participate in this program, employees must speak a second language
used by a segment of South San Francisco population. Once an
employee qualifies as speaking a second language the employee will
receive bilingual pay, even if the population changes and a significant
segment no longer speaks the language.
17.5.2.3 Compensation--An employee who has tested, using the City's standard
bilingual testing procedures, and demonstrated satisfactory proficiency
in speaking a second language, shall be compensated at a rate 2.5%
higher than the employee's actual base hourly rate of pay.
25
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Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
17.5.2.3.1 Adjustment in Compensation--Bilingual compensation will
be increased to 5% higher than the employee's actual base
hourly rate of pay, effective 7/1/03.
17.5.2.4 Translating--Employees who have met the criteria and are compensated
for bilingual incentive pay must use those skills whenever the need
arises. Employees may be asked to assist an individual who is doing
business with the City at worksites other than their primary work
location.
17.5.2.5 Language Determination--Languages that are spoken in South San
Francisco that are subject to the bilingual incentive pay for purposes of
this section will be determined by reviewing the demographic data from
the local school district and/or the number of interactions that employees
have with people speaking other languages than identified below. The
Chief of Police will determine the significant interactions with people
speaking other languages. The Chief of Police and the Union will then
meet once a year to determine the languages that qualify under this
section; American Sign Language is considered a second language.
17.5.2.6 Languages in Effect--The following languages shall be in effect as of
1/1/01, which shall qualify an employee to receive compensation under
this section.
· Spanish.
· Tagalog.
· American Sign Language.
17.6 Longevity Pay~Pay for employees who have served the City will be granted.
17.6.1 After 15 Years--After the 15t~ year of service as a full-time regular employee,
1.5% of compensation will be added to the eligible employee's actual hourly rate
of pay.
17.6.2 After 20 Years--After the 20th year of service as a full-time regular employee, in
addition to above, another 1% of compensation will be added to the eligible
employee's actual hourly rate of pay.
17.7Education Incentive--An employee who has successfully completed the probationary period
and who has one of the following shall receive adctitional compensation.
17.7.1 Associate's Degree--An associate's degree fi:om an accredited institution of
learning or who has completed 60 accredited units in education, which are work-
related shall be compensated at a rate that is 2.5% higher than the employee's
actual base hourly rate of pay.
17.7.2 Bachelor's Degree--A bachelor's degree fi:om an accredited institution of
learning, shall be compensated at a rate that is 5% higher than the employee's
actual base hourly rate of pay.
17.7.3 Eligibility and Written Notification--It is the employee's responsibility to submit
written notification to the department's Training Manager, upon the date of
eligibility, requesting the education incentive. The employee will not be entitled
to retroactive pay if the written notice has not been submitted, and received as in
compliance, until after the date of eligibility.
26
Memorandum c f Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 27
Article 1 8. Allowances and Reimbursements
18.1 Uniform Allowance--Each employee shall be eligible for payment by the City to a
vendor approved by the City, or reimbursement for the purchase price of approved
uniform items.
18.2 Allowance Conditions--Uniform allowance is subject to the following conditions.
18.2.1 Distribution of Reimbursement/Allowance--Uniform allowance distribution will
be made in 2 equal increments per fiscal year. The distributions will occur on the
first payperiods in November and May. With the allowance received, employees
shall be responsible for procuring and maintaining their uniforms and equipment
as listed in the current department's General Order and Procedures Manual.
18.2.1.1 Reimbursement Procedures--Reimbursement will be through the
payroll process, effective 1/01/01.
18.2.2 Cleaning and Maintenance of Uniforms--A portion of the annual uniform
allowance provided to all employees may be applied to expenses incurred for the
maintenance/cleaning of said uniforms. Payment for cleaning expenses will be
provided up to a maximum of 50% of the total uniform allowance given to each
employee per fiscal year. Requests for payment towards cleaning expenses must
be submitted in writing twice a year only during the months of November and
May.
18.2.3 New Employees--Uniform allowance will commence the second year of
employment with the department. After the first year of employment is
completed, the employee will receive the uniform allowance at the next payment
period in November or May. If the year anniversary is after the last payment
month, then there will be no reimbursement for that fiscal year. If the anniversary
falls after the first payment, employees shall receive half of that fiscal year's
allowance.
18.3 Allowance Amounts--Each employee entitled to uniform allowance can receive an
amount per year for the purchase of approved uniform items. The mount of the
allowance provided in each year of the agreement shall be as follows.
18.3.1 PST, PEO, and PP/ES Classifications--For Parking Enforcement Officer, Police
Property and Evidence Specialist, and Police Service Technician the uniform
allowance will be increased by:
18.3.1.1 The amount is $615 per fiscal year, effective 7/1/01.
18.3.1.2 The amount is $625 per fiscal year, effective 7/1/02.
18.3.1.3 The amount is $635 per fiscal year, effective 7/1/03.
18.3.1.4 The amount is $645 per fiscal year, effective 7/1/04.
18.3.2 PSR and SPRS Classifications--For Police Records Specialist and Senior Police
Records Specialist the uniform allowance will be increased by:
18.3.2.1 The amount is $515 per fiscal year, effective 7/1/01.
18.3.2.2 The amount is $525 per fiscal year, effective 7/1/02.
18.3.2.3 The amount is $535 per fiscal year, effective 7/1/03.
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Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
18.4
18.3.2.4 The mount is $545 per fiscal year, effective 7/1/04.
Vests--Vests will be provided to all new employees at no cost to the-employee. A
replacement program has been established for all employees who have vests and includes
how and when vests will be replaced, the types of vests to be replaced, and the mandatory
wearing of vests.
18.4.1 Wearing Vests--Each employee shall be required to have the approved vest on
his/her person or in ready bag during each duty shift.
Article 19. Overtime Compensation
19.1 Overtime Defined~vertime is work ordered and authorized that is in excess of an
employee's normal work hours and work schedule.
19.2 Overtime Records--Records of overtime worked shall be maintained in accordance with
procedures established by the Chief of Police.
19.3 Minimum Overtime--No form of overtime payment shall be made where overtime
worked prior to the beginning of an employee's normal work period or following
completion of an employee's normal work period is less than 12-minutes' duration.
19.4 Overtime Compensation Rate--Each employee shall be compensated for overtime hours
worked, or f~actions thereof, at the rate of 1.5 times the employee's actual hourly rate of
pay.
19.5 Training Time--An employee who works in excess of normal work hours and work
schedule as the result of attending training sessions required by the Chief of Police shall
be compensated at the rate of 1.5 times the actual hourly rate for time spent in such
training sessions.
19.6 Usual Overtime--An employee who works in excess of normal work hours or work
schedule as the result of a non-training assigmuent shall be compensated at the overtime
rate for time so worked.
19.7 Court Appearance Time--An employee who is required to appear in court in an official
employment capacity at a time that is not during the employee's regularly scheduled
work hours shall be compensated at the overtime rate for time spent in such court
appearances.
19.7.1 Court Appearance on Scheduled Work Days--An employee who is required to
appear in court in an official employment capacity at a time that is not during the
employee's regularly scheduled work hours but is on a day that the employee is
scheduled or has volunteered to work, shall receive a minimum of 3 hours of
overtime pay for such a court appearance.
19.7.2 Court Appearance on Non-Scheduled Work Days--An employee who is required
to appear in court in an official employment capacity at a time that is not during
the employee's regularly scheduled work hours nor is it on a day that the
employee is scheduled or has volunteered to work, shall receive a minimum of 4
hours overtime pay for such a court appearance.
28
Memorandum of Understanding
Between the So'ath San Francisco Police Association and the
City of South San Francisco
Page 29
19.8
19.9
Call-back~in Compensation--Employees who in the course of their official employment
are called back to work, other than during their regular tour of duty or shift, shall receive
overtime pay at the rate of 1.5 times the actual hourly rate of pay.
19.8.1 Workday Call-back~in--An employee shall receive a mirfirnum of 3 hours
overtime pay for call backs that occur on schedule work dates (including
voluntary overtime shift assignments).
19.8.2 Non-workday Call-back~in--An employee shall receive a minimum of 4 hours
overtime pay for such call backs that occur on non-scheduled work dates.
Compensatory Time With the supervisor's approval, employees may accumulate
compensatory time instead of overtime pay in accordance with departmental policies.
19.9.1 Maximum Compensatory Time--All compensatory time off may be taken in
accordance with departmental policies. Accumulated compensatory time cannot
exceed 70 hours.
19.9.2 Compensatory Time Cash-outmEmployees shall be permitted to receive the cash
value of up to 15 hours of compensatory time per calendar year.
Article 20. Benefits
20.1 Health Insurance Benefits--Full-time regular employees shall be eligible to receive
insurance benefits currently provided by the City through the contracts with insurance
carriers or self-insurance programs.
20.2 Medical Insurance--Employees shall be permitted to select medical insurance coverage
for themselves and their eligible dependents from one of the following current HMO
plans the City has with the carriers, subject to the terms and conditions of the City's
contract with the providers.
20.2.1 Federal- or State-mandated Medical Insurance Participation--Should either state
or federal statutes mandate that the parties to this MOU participate in a national or
state health plan, health care benefits currently provided to employees covered by
this MOU will not be diminished nor will the employee's cost for maintenance of
these benefits be increased beyond any provided in this MOU.
20.2.2 Medical Insurance Plans--Subject to the terms and conditions of the City's
contracts with medical insurance carriers, eligible employees shall be permitted to
select medical insurance coverage for themselves and their eligible dependents
from one of the following plans:
· Kaiser Permanente Foundation Health "S" Plan.
· Aetna US Healthcare or other plan to be determined.
20.2.3 Payment of Premiums Costs--The City shall pay the premium cost for eligible
employees and their dependents to the insurance provider for the plan selected by
each employee.
20.2.3.1 Maximum Rate--The maximum City contribution to the employee's
medical premium will be a rate equivalent to the HMO plan that is the
highest composite rate in effect during the term of this agreement with
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Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
20.3
employees enrolled in more expensive plans paying the difference
between the highest composite HMO rate and the other premium rates.
20.2.4 Effective Date of Coverage--The effective date of health insurance shall be the
first of the month following the date of hire, provided the employee properly
submits a completed enrollment form within 31 days of the eligibility date.
Coverage shall terminate at 12:00 midrdght on the last day of the month in which
the employee is on paid status prior to separation from employment with the City.
Dependent coverage shall terminate on the date prescribed by each health
insurance carrier's contract for discontinuance of dependents no longer eligible
for coverage.
20.2.5 Medical Plan for Employees Who Retire--Subject to the terms and conditions of
the City's contracts with medical insurance carders, an employee who retires on a
service, an industrial disability, or non-industrial disability retirement fi:om the
City's service shall be provided the oppommity to continue medical insurance
coverage with one of the City's plans subsequent to the date of retirement. The
City shall continue to pay the premium costs for the employee only and the
retiring employee shall bear the premium costs for any eligible dependents.
20.2.6 Spouse-paid Benefit--The City will allow the spouse of a deceased
employee/retiree to purchase medical insurance from a City-provided medical
plan at the City's premium rate provided all of the following: the employee must
have been enrolled in the medical plan prior to retirement or death; there is no
cost to the City; the medical provider does not require a City contribution; and the
City is held harmless if the coverage is discontinued.
Dental Insurance--
20.3.1 Available Plan--Employees and their dependents shall be provided dental
insurance, subject to the terms and conditions of the City's contract with the
provider.
20.3.2 Changes in Plan--The annual benefit shall increase to $1,500, effective 1/1/01.
20.3.3 Orthodontia--The lifetime orthodontia coverage is $1,000 for eligible
participants.
20.3.4 Payment of Premium Costs--The City shall pay the premium costs for eligible
employees and their dependents to the insurance provider.
20.3.5 Effective Date of Coverage Coverage is effective on the first day of the month
following completion of 6-full-months of employment with the City, provided the
employee properly submits a completed enrollment form within 31 days of the
eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the
month in which the employee is on paid status prior to separation from
employment with the City.
20.3.6 Dental Insurance for Employees Who Retire--An employee who retires on a
service, industrial disability, or non-industrial disability retirement from the City
shall be provided the oppommity to continue dental insurance for themselves and
eligible dependents under the City's group plan by paying for the premium
payments through the City. The employee must be enrolled in the dental plan
30
Memorandum o f Understanding
Between the South San Francisco Police Association and the
City of South S~n Francisco
Page 31
20.4
20.5
20.6
prior to retirement. The employee will be completely responsible for these
payments and for continuing the insurance coverage.
Vision Insurance--Subject to the terms of the City's vision insurance plan, employees
and their dependents shall be provided vision insurance.
20.4.1 Available Plan--Employees and their dependents shall be provided vision
insurance, subject to the terms and conditions of the City's contract with the
provider. The plan provided by the City for members of the Unit shall afford
smoked-color eyeglass lenses rather than rose-tinted eyeglass lenses.
20.4.2 Payment of Premium Costs--The City shall pay the premium costs for eligible
employees and their dependents to the insurance provider.
20.4.3 Effective Date of Coverage Coverage is effective on the first day of the month
following date of hire. Coverage shall terminate at 12:00 midnight on the last day
of the month in which the employee is on paid status prior to separation fi:om
employment with the City.
20.4.4 Vision Insurance for Employees Viho Retire--An employee who retires on a
service, industrial disability, or non-industrial disability retirement fi:om the City
shall be provided the oppommity to continue vision insurance for themselves and
eligible dependents under the City's group plan by paying for the premium
payments through the City. The employee must be enrolled in the vision plan
prior to retiring. The employee will be completely responsible for these payments
and for continuing the insurance coverage.
Discretionary Benefit Option--An employee may elect, once each year, to receive
deferred compensation monies and to have the City pay 80% of the cost in lieu of
medical, dental, and vision benefits into the employee's deferred compensation account.
20.5.1 Proof of Alternate Insurance--The employee must provide proof of alternate
medical insurance and will be held responsible for maintaining own medical
insurance benefits through the alternate source.
20.5.2 Method of Computation--The City shall utilize a weighted average for
determining the cost of such benefit. The City shall detem~e the total premium
dollars for employees who are members of each of the City's medical plans, and
then divide it by the number of members to get the average medical cost. The
dental and vision composite rates will be added to the average medical cost.
Eighty percent of this total w/Il be the amount deposited in the employee's
deferred compensation account in lieu of the paid medical, dental, and vision
benefits.
20.5.3 Exercising the Option--Employees wishing to exercise this option may do so by
submitting a completed Discretionary Benefit Option form to the Human
Resources Department. Employees may change the discretionary benefit option
once each year during the open enrollment period for medical plans, or at another
time during the year provided the employee can demonstrate to the City's
satisfaction a bona-fide need.
Life Insurance and Accidental Death and Dismemberment Insurance--
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Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
20.7
20.6.1 Term Life Value--Subject to the terms and conditions of the City's contract with
the provider, the Term Life Insurance for employees will be provided in the
amount of $5,000.
20.6.2 AD&D Value--Subject to the terms and conditions of the City's contract with the
provider, Accidental Death and Dismemberment Insurance for employees will be
provided in an amount of $5,000.
20.6.3 Payment of Premium CostswThe City shall pay the premium costs for employees
to the insurance provider.
20.6.4 Effective Date of Coverage---Coverage is effective on the first day of the month
following date of hire. Coverage shall terminate on the date the employee ceases
to be an employee of the City.
20.6.5 Additional Life Insurance--Individuals unit members may purchase additional
life insurance through the City's insurance carrier, to the limit authorized in the
contract between the City and the carrier.
Disability Insurance--Subject to the terms and conditions of the City's contract with the
provider, only full-time employees shall be provided Short-term Disability (STD) and
Long-term Disabihty (LTD) insurance. If an eligible and covered employee becomes
disabled while insured, the provider will pay benefits according to the terms of the group
policy after receipt of satisfactory proof of loss.
20.7.1 Short-term Disability--After a 20-calendar day waiting period, an eligible
employee may receive 66.67% of pre-disability earnings, reduced by any
deductible income as determined by the insurance carrier, up to a maximum
monthly amount, until LTD benefits begins.
20.7.2 Long-term Disability---After a 90-calendar day waiting period, an eligible
employee 'may receive 66.67% of pre-disability earnings, reduced by any
deductible income as determined by the insurance carrier, up to a maximum
monthly amount.
20.7.3 Payment of Premium Costs--The City shall pay the premium costs for eligible
employees to the insurance providers.
20.7.4 Effective Date of Coverage---Coverage is effective the first day of the calendar
month following the date of hire. Coverage ends on the date employment
terminates.
20.7.5 Eligibility--An employee who is disabled from performing the full scope of the
usual and customary duties of the classification as the result of an injury or illness
and who has utilized all accrued paid leave and sick leave for which the employee
is eligible up to the 20-calendar day of disability, may file an application for
Short- or Long-term Disability Insurance benefits in accordance with the
requirements of the City's Short- or Long-term Disability Insurance policy.
20.7.6 City DeterminationwUpon an employee qualifying for Long-term Disability
Insurance benefits, the City shall determine one of the following.
20.7.6.1 Permanent and Stationary Status--Whether the employee's disability
from performing the full scope of the usual and customary duties of
his/her classification is permanent and stationary.
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Memorandum o5 Understanding
Between the South San Francisco Police Association and the
City of South Sma Francisco
Page 33
20.8
20.7.6.2Recovery Status--Whether the medical prognosis for the employee's
eventual ability to completely recover to a point of being able to assume
the full scope of the usual and customary duties of his/her classification
is such that there exists a probability of complete recovery within a
period of 365 days, or a reasonable extension thereof.
20.7.7 Permanent and Stationary Determinationmlf the City determines that the
employee's is disabled from performing the full scope of the usual and
customary duties of the classification is permanent and stationary, then the City
may, in accordance with applicable law, retire the employee or otherwise
separate the employee from the City's service or from the employee's
classification.
20.7.8 Temporary Deterrninationmlfthe City determines that the employee's disability
in performing the full scope of the usual and customary duties of the
classification is such that there exists a probability of complete recovery within a
period of 365 days, or a reasonable extension thereof, the City may in accordance
with applicable law, grant the employee a leave of absence with or without pay
for a period appropriate to the time necessary to determine the employee's ability
to completely recover or the City may not grant such leave and separate the
employee from the City's service.
20.7.9 Permanent and Stationary Determination During Leave of Absence--If the City
grants an employee a leave of absence without pay for the purpose of providing
the employee with the ability to completely recover and the employee's disability
becomes permanent and stationary during the period of such leave, then in
accordance with applicable law, the City may retire the employee on a disability
retirement or otherwise separate the employee from the City's service or position
in his/her classification at such time as the employee's condition becomes
permanent and stationary.
20.7.10 Accrued Vacation Payment~Upon becoming eligible for Long-term Disability
Insurance benefits, and upon being granted a leave of absence without pay for a
period appropriate to the time necessary to determine an employee's ability to
completely recover, the City will pay, at the request of the employee, any
accrued vacation time for which the employee qualifies.
20.7.11 Insurance Premium Payment--The City will continue to pay insurance
premiums on behalf of the disabled employee and eligible dependents, pursuant
to the provisions for such payments, otherwise provided in this Memorandum
until the actual date of separation from City employment of the employee.
Hepatitis "B" Vaccination--The City will provide at City expense, a hepatitis "B"
vaccination to all unit members who desire such vaccination and who are unable to obtain
one under their medical plan.
Article 2 1. Retirement Benefits
21.1 Deferred Compensation Program--All full-time employees are eligible to participate,
33
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Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
21.2
subject to its terms and conditions, in the City of South San Francisco's deferred
compensation plans.
Retirement Plan--Retirement benefits for employees shall be those established by the
Public Employees' retirement System (PERS) for the Miscellaneous 2% at age 55 Plan.
21.2.1 IRS Section 415 Limits--In general, retirement enhancements may be adopted at
any time so long as the benefits under the amendment do not exceed IRS Section
415 limits.
21.2.1.1 Grandfathering Benefits--If there is a grandfather election and if the
accrued benefit as of 10/14/87 exceeds the Section 415 limitations, the
benefit cannot be enhanced until the current IRS Section 415 limit
exceeds the accrued benefits.
21.2.1.2 Section 415 Election--If the employer's contributions to a retirement
plan are reduced because of lower limitations in annual retirement
benefits following a Section 415(b)(10) election, the affected employees
should receive the difference in higher compensation or some other
benefit negotiated by the South San Francisco Police Association.
21.2.1.3 Insignificant Provision Conflict--If the above provisions do not comply
with requirements of a law governing the PERS or the IRS in an
insignificant manner, this will not affect the legality of the remainder of
these provisions or the intent or effect thereof. In that event, the City
shall meet and confer in good faith with the Association to make such
changes as necessary to carry out the intent of this section.
21.2.1.4 Significant Provision Conflict--In the event that this section conflicts
significantly or substantially with any federal or state law, this section
may be voided and severed from the contract without affecting the
legality and continuity of the rest of the contract. Additionally, the City
agrees to meet and confer to replace any lost benefit with a similar or
replacement benefit of equivalent value.
21.2.1.5 PERS Agreement--The City agrees to enter into any lawful agreement
with PERS necessary to effectuate the purpose of this section.
21.2.2 Optional Provision Added---Optional Public Agency Provisions under the Public
Employees' Retirement System shall also be provided as follows:
21.2.2.1 Survivor Allowance--The 1959 Survivor Allowance as set forth in
Article 6 of Chapter 9 of the Public Employees' Retirement Law
(commencing with Section 21380 of the Government Code) third tier of
benefits.
'21.2.2.2 Single-highest Year Compensation--One-year highest compensation as
set forth in the Public Employees Retirement Law. See Appendix D for
side letter agreement.
21.2.2.3 Sick Leave Credit Provision--Sick Leave Service Credit as set forth in
the Public Employees Retirement Law. See Sick Leave Service Credit
in Appendix D for side letter agreement.
21.2.3 Employee's Contribution to Retirement System--All employees shall pay the
employee contribution to the Public Employees' Retirement System in accordance
34
Memorandum o f Understanding
Between the South San Francisco Police Association and the
City of South S~n Francisco
Page 35
21.3
with the rules and regulation governing such contributions. The City shall
provide the 414(h)(2) Exemption from the Internal Revenue Service granting a
deferral from federal withholding taxes of that portion of employees' contribution
to PERS. Employee's Contribution to Retirement System
Payment of Unused Accumulated Sick Leave--
21.3.1 Discontinued 90-day Plan-
21.3.1.1 Eligible Employees--An employee who had accumulated unused sick
leave hours on record under the discontinued sick leave accumulation
plan shall be eligible to receive payment under this provision.
21.3.1.2 Number of Hours Payable An eligible employee shall receive payment
for 50% of the unused sick leave hours on record, up to a maximum of
960 of such recorded hours (maximum of 480 comparable hours), for the
hours accumulated through the payperiod that included 7/1/77.
21.3.1.3 Time of Payment--An employee or an employee's beneficiary shall
become eligible to receive payment for unused sick leave hours either
upon the death of the employee, upon the retirement of the employee, or
within 3 months from the original date of including this section in the
Agreement. Payment may be made at the time of an employee's death
or retirement or may be deferred to the first payroll period in the
calendar year immediately following death or retirement, at the option of
the payee.
21.3.2 Sick Leave Accrued After October 1, 1986 Upon death, separation from City
employment as a result of a work-related injury, full service retirement after 20
years of service, or retirement at age 50, an employee shall be paid half of the
accumulated sick leave at the time of separation, retirement, or death. Payment of
unused sick leave hours shall be made at the employee's actual hourly rate. No
employee shall, however, receive payment for any recorded hours in excess of
1200 and the maximum payable hours shall be 600. The accrual shall include the
amount credited, if any, on 10/1/86, for the period when the 90-day sick leave
plan was in effect.
Article 22. Hotidays
22.1 AuthorizedHolidaysmThe City observes the following holidays:
22.1.1 Full-day Holidays--The City shall observe the following full-day holidays.
January 1 ................................................................... New Year's Day
Third Monday in January ......................................... Martin Luther King, Jr. Day
Third Monday in February ' President's Day
Last Monday in May ................................................. Memorial Day
July 4 ......................................................................... Independence Day
First Monday in September ...................................... Labor Day
Second Monday in October ...................................... Columbus Day Observed
November 11 ............................................................ Veteran's Day
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Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
22.2
22.3
22.4
22.5
22.6
22.7
Fourth Thursday in November ................................. Thanksgiving Day
Friday following Fourth Thursday in November ..... Day After Thanksgiving
December 25 ............................................................. Christmas Day
22.1.2 Half-day Holidays--In addition, the City observes the following half-day
holidays.
December 24 ............................................................. Christmas Eve Day
December 31 ............................................................. New Year's Eve Day
Day of Holiday Observation--Holidays that fall on a Sunday shall be observed on the
following Monday. Holidays falling on a Saturday shall be observed on the previous
Friday. Half-day holidays shall be observed on the workday immediately previous to the
day Christmas Day and New Year's Day are observed.
Day of National Mourning or Celebration--In addition, the City may observe any other
day of national mourning or celebration, provided that it has been proclaimed by the City
Council and provided that the Council directs the closure of City offices for public
service. Any such holiday shall be granted only to those employees who are regularly
scheduled to work on the day that the Council proclaims such a holiday.
Holiday Eligibility---Employees must be on paid status the entire day before and the
entire day after a holiday to be eligible to receive holiday compensation with the holiday
time considered as hours worked.
Employees Working on a Holiday--An employee who is assigned and does work on a
day observed as a City holiday, in addition to the compensation provided above, shall
receive additional overtime compensation at the employee's actual hourly rate of pay for
the first 8 hours worked on an observed full-day holiday and for the first 4 hours worked
on an observed half-day holiday.
Holiday Compensation for Employees on Injury, Illness, or Paid Family Care Leave--An
employee who is scheduled to work on the day immediately prior to a holiday, on the
actual day of a holiday, or the day immediately following a holiday who does not report
for duty as scheduled due to personal injury or illness or Paid Family Care Leave shall
submit such verification or certification of illness or injury as is satisfactory to the Chief
of Police prior to receiving compensation for the holiday.
Discretionary Holiday~Each regular employee shall be eligible for one 8-hour holiday
in addition to the holidays observed by the City. An employee's discretionary holiday
may be taken at the option of the employee and as approved by the Chief of Police. An
employee must take the discretionary holiday each calendar year before the payperiod
prior to the last payperiod of the calendar year. An employee who has not used the
discretionary holiday by that payperiod shall forfeit the receipt of compensated time or
pay for such holiday for that calendar year. An employee whose work schedule
prohibited the use of the discretionary holiday by the payperiod prior to the last payperiod
of a calendar year may receive payment for the holiday with the approval of the Chief of
Police.
A icle 23. Leaves
36
Memorandum o f Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 37
23.1
23.2
Vacation--
23.1.1 Vacation Accrual Full-time regular employees shall be eligible to earn and be
granted vacation leave and shall accrue vacation hours in accordance with the
following.
Accrual Rate Per Length of Service Biweekly Annually
1st through 4th year, inclusive 4.62 hours 120 hours.
5t~ through 14t~ year, inclusive 6.15 hours 160 hours.
15th through 24t~ year, inclusive 7.69 hours 200 hours.
25t~ and succeeding years 9.23 hours 240 hours.
23.1.2 Vacation Leave Accrual Exceptions--Employees with 11 through 14 years of
service, who prior to 4/1/90, received 176 hours per year of vacation shall
continue to receive this accrual rate, and employees who have between 5 and 10
years of service in a position represented by the Unit as of 4/1/90 shall receive
176 hours per year of vacation upon reactiing the 11m year of service.
23.1.3 Vacation Payoff--Employees who have scheduled a minimum of 2 workweeks of
vacation during each calendar year shall be permitted to receive the cash value of
up to 64 hours of unused but accrued vacation. Requests for payment of accrued
vacation may be processed within 45 days of the scheduled leave.
23.1.4 Vacation Scheduling--The Chief of Police shall schedule vacation periods during
which employees shall take their vacation time. Vacation scheduling shall take
into consideration the employees' wishes and the needs of the department.
23.1.5 Deferral of Vacation Period--In the event that the needs of the department are
such that an employee is unable to schedule and take all vacation time during a
calendar year, the unused and unscheduled portion of vacation may be deferred to
the following calendar year, provided that the Chief of Police approves the
deferral.
23.1.5.1 Requesting Vacation Deferral--An employee may request the deferral
of up to 40 hours of vacation leave fi:om one calendar year to the
following calendar year. A written request shall be filed with the Chief
of Police, must be approved by the Chief of Police, and must also be
approved by the City Manager prior to the employee being granted
permission for such deferral of vacation leave.
23.1.6 Vacation Compensation--An employee who retires or separates from City
employment and who has accrued unused vacation time shall be compensated at
the actual hourly rate of pay for all accrued vacation.
Bereavement Leave--An employee may be granted leave of absence without loss of
salary or benefits upon the death or for the funeral of a family member as defined below.
23.2.1 Definition of Family Member for Bereavement Leave--For the purpose of
bereavement leave, a family member is defined as a spouse, child, father, mother,
brother, sister, grandfather, grandmother, father-in-law, mother-in-law, brother-in-
law, sister-in-law, daughter-in-law, and son-in-law. In addition, the Chief of
Police may grant bereavement leave to an employee upon the death or for the
funeral of some other person, if in the opinion of the Chief of Police, there existed
an extraordinarily close familial relationship between the employee and such other
37
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Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
23.3
person.
23.2.2 Leave Within California--Employees may be granted up to a maximum of 24
hours of bereavement leave per occurrence for the death or for the funeral of a
family member residing within California.
23.2.3 Leave Outside California--Employees may be granted up to a maximum of 40
hours of bereavement leave per occurrence for the death or for the funeral of a
family member residing outside of Cahfomia.
Sick Leave--Every permanent and probationary employee, except those employees who
work less than full-time, who is temporarily and/or partially disabled fi:om performing the
full scope of the usual and customary duties as the result of injury or illness which is not
industrially caused, shall be eligible to receive sick leave without loss of salary or
benefits within the limits set forth below.
23.3.1 Amount of Sick Leave--Each employee will accrue 8 hours per month of
employment for purposes Of sick leave. Such leave may be accumulated without
limit.
23.3.1.1 Advancing Sick Leave--Any employee who has accrued sick leave of
less than 96 hours can be advanced up to a max/mum of 88 hours of sick
leave, after exhaustion of all accrued sick leave.
23.3.2 Sick Leave Definition--Sick Leave as used herein, is defined as a period of time
during which the employee suffers actual illness or injury that necessitates
absence fi:om employment. Sick leave is not a right or privilege to be used at the
discretion of the employee.
23.3.3 Sick Leave Request--An employee shall make a written request for paid sick
leave for each occurrence of sick leave on such forms and in accordance with such
policies and procedures established for sick leave requests by the Chief of Police.
23.3.4 Approval of Sick Leave Request--The Chief of Police shall review all sick leave
requests and, if approved, the request for paid sick leave shall be granted. The
Chief of Pohce shall not unreasonably withhold approval of sick leave requests.
23.3.5 Notification--The employee must notify his/her mediate supervisor prior to, or
within 2 hours of, the commencement of the daily work period in which sick leave
is sought.
23.3.6 Verification of Injury or Illness--
23.3.6.1 Usual Verification--An employee requesting paid sick leave shall
provide reasonable verification of the illness or injury, usually in the
form of the employee's personal statement of injury or illness.
23.3.6.2 Doctor's Verification--The Chief of Police may require a verification
prepared and signed by a medical doctor, which describes the nature and
extent of the injury or illness and that confirms that the employee has
fully recovered and is able to perform the full scope of the normal and
customary duties of the classification. This verification shall be required
when an employee is absent due to illness or injury for a period of 39
hours or more. In addition, a doctor's verification can be requested if an
individual employee has abused the leave in the opinion of the Chief of
Police. Such medical verification request shall not be unreasonably
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Memorandum of Understanding
Between the South San Francisco Pohce Association and the
City of South San Francisco
Page 39
23.4
23.5
23.6
imposed.
23.3.7 Sick Leave Management PlanmThe Sick Leave Management Policy
Administrative Instruction defines abuse of sick leave is defined as the use of sick
leave for purposes other than illness or injury. Consistent with this policy, the
monitoring, management, maximum use of sick leave, and reporting should
conform to a general City standard. Therefore, employees exceeding 56 hours or
7 occurrences of sick leave per year will be subject to a review of sick leave
usage.
Medical Appointment Leave--Employees shall receive leave with pay for appointments
with medical doctors and dentists. Such leave shall be authorized only for the actual time
necessary for the appointment. Employees shall be required to submit a personal
statement describing the nature and need of such visits. The City reserves the right to
confirm or verify any appointment for which such leave is authorized.
23.4.2 MedicalAppointment Leave Charged to SickLeave--The first 8 hours per year of
medical appointment leave will not be charged to sick leave, all other absences
related to medical appointments shall be charged to sick leave.
Paid Family Care Leave--
23.5.1. Employees Hired Prior to 1/01/01 Eligibility for Paid Family Care Leave--Only
those full-time regular employees in a civilian classification as of 12/31/00 shall
be eligible for 16 hours of Paid Family Care Leave for the purpose of obtaining
medical consultation or treatment or for caring for an injured or ill family member
as defined below.
23.5.2 Definition of Family Member for Paid Family Care Leave--For the purposes of
Paid Family Care Leave, a family member shall include the employee's spouse,
child, mother, father, sister, brother, grandmother, grandfather, mother-in-law,
father-in-law, sister-in-law, brother-in-law, daughter-in-law, and son-in-law. In
addition, the Chief of Police may grant leave to an employee for some other
person (other then "family member", as listed), if, in the opinion of the Chief of
Police, there exists or existed an extraordinary close familial relationship between
the employee and such other person.
23.5.3 Sick Leave as Family Care LeavemEmployees accrue sick leave each year as
defined in the sick leave article of this agreement. In recognition of Labor Code
233, effective 1/1/00, employees are permitted to use up to half of their annual
sick leave allotment, in any calendar year, for the purpose of obtaining medical
consultation, treatment, or for caring of a sick family member as defined below.
23.5.3.1 Definition of Family Member for Sick Leave as Family Leave
Purposes--A family member, as defined in Labor Code 233, shall
include the employee's spouse, child, mother, and father.
23.5.3.2 Leave Amount The combined total of hours taken for family care
purposes pursuant to Labor Code section 233, including any leave used
fxom the Paid Family Care Leave provision, if eligible, shall not exceed
one-half of the employee's annual allotment of sick leave.
Concurrent Use of Leave--Such leaves may nm concurrently with any family care leave
taken under federal or state family care leave acts.
39
Page 40
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
23.7
23.8
Notification Procedures--Leave usage forms and notification procedures will continue to
be used, provided the City reserves the right to take such action it deems necessary to
confn-m or verify use of this leave.
Light-duty Program--The purpose of this light-duty program is to minimize the loss of
productive time, while at the same time reintroduce the employee to work to prevent
deterioration of skills, facilitate recovery, and reduce income loss. Light-duty
assignments will be structured so employees are not placed in a duty status that would
aggravate or cause a reoccurrence of injury or illness. Light-duty assignments will not be
made unless the employee receives medical clearance from the treating physician to
return for light-duty work. If applicable, this program shall be coordinated with
appropriate workers' compensation benefits so that benefits are provided at the level not
less than those mandated by state law.
23.8.1 Coverage--This light-duty program will cover any employee who suffers a
temporary and partial disability due to an industrial or non-industrial injury or
illness.
23.8.1.1 Determination/Required Reports--
23.8.1.1.1 Assignments--Light-duty assignments may be made
following evaluation and determination by the Chief of
Police. The determination will be based on available medical
information, and consultation with the employee or the
affected supervisor. Determinations will also be based on the
needs of the City and the impact of light duty work on
departmental operations. The evaluation and determination
of light-duty assignments will be based on the employee's
medical restrictions and upon agreement of the Chief of
Police, the employee, and the affected supervisor.
23.8.1.1.2 Medical Updates--After the initial report, updated medical
reports shall be submitted to the Chief of Police at 2-week
intervals, or at other agreed-upon intervals, for as long as the
employee is off work. Reports will be required for all
industrial or non-industrial injuries or illnesses regardless of
whether a light-duty assignment has been made. Reports will
be evaluated by the Chief of Police for purposes of
continuing or terminating a current light-duty assignment or
to determine when to commence a light-duty assignment.
23.8.1.1.3 Light-duty Assignment, Definitions, and Restrictions--Light-
duty assi~gnments shall only be provided to employees with
temporary disabilities where it has been medically
determined that the employee will be able to return to the
essential functions of his/her current job with or without
accommodation. Under no circumstances shall the light-duty
assignment be considered to be a permanent alternative
position for purposes of reasonable accommodation under the
American with Disabilities Act. Light-duty assignments:
40
Memorandum o£ Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 41
23.9
· May consist of reduced work hours, limited work, or any
combination thereof.
· Will not adversely affect the employee's actual hourly
rate of pay.
· Will be within the employee's assigned depamnent; or if
no regular work is available, the employee may be
assigned work outside of the department consistent with
skill and ability.
· When feasible will be during the employee's normal shift
and duty hours. However, if it is determined that no
useful work will be performed during the normal shift or
duty hours, the employee can be assigned fight-duty work
during the normal office hours of 8:00 a.m. to 5:00 p.m.,
Monday through Friday or to an alternate shift.
· Will be developed based on available specific light-duty
assignments on a case-by-case review of the medical
restrictions, so as not to aggravate an injury or illness.
· Will not be placed in light-duty assignments that, in the
normal course of events, will require that they provide
direct field emergency response.
23.8.2.1 Holidays/Vacations During Light-duty Assignments--
23.8.2.1.1 Holidays Observed--Holidays shall be observed in
accordance with the light-duty assignment work hours and
workweek. That is, if an employee is assigned to work hours
in a department, division, or operating unit where employees
in that work unit take a holiday off, so shall the light-duty
employee. If the employee is assigned to work hours in a
department, division, or operating trait where employees in
that work mt work holidays, so shall the light-duty
employee. Compensation for holidays shall be in accordance
with this agreement.
23.8.2.1.2 Vacations--Employees assigned to light duty shall take their
vacation as normally scheduled. Vacations shall cover the
same number of workdays and calendar days as would have
been if the employee had remained on full duty. Employees
may reschedule their vacation with the approval of the Chief
of Police, provided the rescheduling does not result in
increased costs or lost time to the City for relief staff to cover
the rescheduled vacation.
23.8.3 Return to Full-duty Assignment--Employees will be returned to full duty as soon
as possible following medical certification that the employee is able to resume the
full duties of the classification with or without reasonable accommodation.
Industrial Injury or Illness--An employee who is absent fi:om work and who is
tempm'arily and/or partially disabled fi:om performing work as the result of an injury or
41
Page 42
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
23.10
23.11
illness that has been determined to be industrially caused, shall be entitled to receive paid
leave for all time the employee is normally scheduled to work during a period of 90-
calendar days fi:om the commencement of the injury or illness necessitating absence fi:om
work. An employee on industrial injury or illness leave shall assign to the City all
workers' compensation insurance proceeds received by the employee during the period
the employee is getting full compensation from the City for all absent work hours.
Pregnancy-related Disability Leave--Ehgible employees may be granted leave up to the
maximum period of time permitted by law for pregnancy reasons for disabilities caused
or contributed to by pregnancy, childbirth, or related medical conditions or for reason of
the birth of a child or the placement of a child with an employee in connection with
adoption.
Short- or Long-term Disability~
23.11.1 Application for Benefits--An employee who is disabled from performing the
full scope of the usual and customary duties of the classification as the result of
an injury or illness and who has utilized all accrued and eligible paid leave and
sick leave up to 30-calendar days of disability, may file an application for
Disability Insurance benefits in accordance with the requirements of the City's
Disability Insurance Policy.
23.11.2 City Determination--Upon an employee qualifying for Disability Insurance
benefits, the City shall determine whether the employee's disability fi:om
performing the full scope of the usual and customary duties of the classification
is permanent and stationary, or medical prognosis of the employee's eventual
ability to completely recover to a point of being able to assume the full scope of
the usual and customary duties of the classification is such that there exists a
probability of complete recovery within a period of 365 days, or a reasonable
extension thereof.
23.11.3 Permanent and Stationary Determination--If the City determines that the
employee is disabled fi:om performing the full scope of the usual and customary
duties of the classification is permanent and stationary, then the City may retire
the employee or otherwise separate the employee fi:om the City's service or
position in the classification.
23.11.4 Temporary Determination--If the City determines that the employee's
disability fi:om the performance of the full scope of the usual and customary
duties of the classification is such that there exists a probability of complete
recovery within a period of 365 days, or a reasonable extension thereof, then the
City may grant the employee a leave of absence without pay for a period
appropriate to the time necessary to determine the employee's ability to
completely recover; or the City may not grant such leave and separate the
employee fi:om the City's service or position in the classification.
23.11.5 Permanent and Stationary Determination During Leave of Absencewlf the City
grants an employee a leave of absence without pay for the purpose of providing
the employee with the ability to completely recover and the employee's
disability becomes permanent and stationary during the period of such leave, the
City may retire the employee on a disability retirement or otherwise separate the
42
Memorandum of Understanding
Between the South San Francisco Pohce Association and the
City of South Sm Francisco
Page 43
23.11.6
23.11.7
employee from the City's service or position in the classification at such time as
the employee's condition becomes permanent and stationary.
Accrued Vacation Payment--Upon becoming eligible for Disability Insurance
benefits, and upon being granted a leave of absence without pay for a period
appropriate to the time necessary to determine an employee's ability to
completely recover, the City will pay, at the request of the employee, any
accrued vacation time for which the employee qualifies.
Insurance Premium Payment--The City will continue to pay insurance
premiums on behalf of a disabled employee and eligible dependents, pursuant to
the provisions for such payments as otherwise provided in this Agreement until
the actual date of separation of the employee from City employment.
Article 24. Recreational Facilities and Classes
24.1 Admission to Classes--All full-time regular employees shall be entitled to free admission
to City recreation facilities and to free enrollment in up to 5 recreational classes during a
12-month period (lab fees or ingredient fees not included).
24.2 Use of Facilities--Employees using City recreation facilities and eurolled in City
recreational classes shall engage in such activities on the employee's non-work time.
Employee admission to recreation facilities and recreation classes shall be accomplished
in corfformance with the rules and regulations established by the Parks, Recreation, and
Maintenance Services Department.
Article 2 5. Layoff
25.1 Layoff--Whenever, in the judgment of the City Council, it becomes necessary, in the
interest of economy or because of lack of need for the position or employment involved
no lor_ger exists, the City Council may abolish any position or employment in the
compe :itive service and layoff, reassign, demote, or transfer an employee holding such
position or employment without filing written charges. The appointing authority may
likewise layoff an employee in the competitive service because of material change in
duties :)r organization, or because of a shortage of work or work funds.
25.2 Seniority for LayoffPurposes--Seniority for the purposes of layoff is defined as length of
continuous full-time employment within the service of the City, and does not include
service in a provisional and temporary status. Seniority shall be retained, but shall not
accrue during any period of leave without pay, except as authorized by state and federal
law.
25.3 Order of Layoff--When one or more employees working in the same class in a City
department are to be laid off (provisional and temporaries therein, having akeady been
terminated), the order of layoff in the affected department shall be probationary
employees in reverse order of seniority, then permanent employees in reverse order of
seniority. Should 2 or more employees have identical City service seniority, the order of
layoff will be determined by classification seniority. Whenever 2 or more employees
43
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Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
25.4
25.5
have identical classification seniority, the order of layoff shall be determined by an
established departmental seniority policy (badge numbers) or in the absence or dispute
thereof, random selections.
Notice of Layoff--Employees shall be sent written notice, including reasons therefor, by
certified registered mail, return receipt requested or may be personally served the notice,
a minimum of 20-working days prior to the effective date of layoff. An employee
receiving said notice may respond in writing, to the City Manager. The employee's
representative shall receive concurrent notice, and upon request, shall be afforded an
oppommity to meet with the City to discuss the circumstances requiring the layoff and
any proposed alternatives, that do not include the consideration of the merits, necessity or
organization of any service or activity. The provisions below, must be requested by the
employee, in writing, 15-working days prior to the effective date of layoff.
Layoff Re-employment~Reinstatement Lists--
25.5.1 Classification Reinstatement List--Probationary and permanent employees who
are reclassified and/or demoted as a result of a reduction in force, shall have their
names placed on a classification reinstatement list in order of their seniority.
Vacant positions within the classification shall first be offered to employees on
this list.
25.5.2 Like Classification Reinstatement List--Employees who are laid off shall have
their names placed on a reemployment list for classifications that, in the opinion
of the Director of Human Resources, require basically the same qualifications,
duties, and responsibilities as those of the classification fi:om which the layoff
occurred, in order of seniority. Vacant positions in such classifications shall be
offered to the reemployment list who qualify for such vacancies prior to an open
or promotional recruitment.
25.5.3 Duration of Re-employment~Reinstatement Lists--No name shall be carried on a
reinstatement or reemployment list for a period longer than 2 years. Refusal to
accept the first offer of reinstatement or reemployment within the same
classification shall cause the name to be dropped fi:om the list. Individuals not
responding to written notification forwarded to their l~st given address by
certified registered mail, return receipt requested, of an opening within 10-
working days fi:om mailing shall have their names removed from either the
reinstatement or reemployment list. Individuals who do not meet current
employment standards (i.e., medical, licenses, etc.) shall have their names
removed fi:om either the reinstatement or reemployment list.
25.5.4 Probationary Returns--Probationary employees appointed fi:om a reinstatement
or reemployment list must serve the remainder of their probationary period in
order to attain permanent status.
Article 26. Disciplinary Action
26.1 Personnel Rules and Regulations--All definitions of words, phrases, etc., and the
meanings and intent of this Article, shall be in accordance with the City of South San
44
Memorandum of Understanding
Between the South San Francisco Pohce Association and the
City of South San Francisco
Page 45
26.2
26.3
26.4
26.5
26.6
Francisco Personnel Rules and Regulations.
Action by the City--The City shall take disciplinary action against a permanent employee
for misconduct including, but not limited to chronic absenteeism, incompetence,
insubordination, failure to follow work roles, misstatement of fact on an application or
other personnel document, falsification of records, unfitness for duty, and absence
without authorized leave.
26.2.1 Disciplinary Action--Disciplinary action may take the form of a suspension, pay
reduction, demotion, or discharge.
26.2.2 Emergency Action--All disciplinary action taken against an employee must
receive the prior approval of the appointing authority except under emergency
circumstances that dictate immediate suspension of the employee by the Chief of
Police. In such cases, the Ch/cf of Police shall immediately report the action
taken to the appointing authority who shall review the case and make the
determination concerning the appropriateness of the suspension and of further
disciplinary action.
26.2.3 City Manager Approval--All actions resulting in a salary reduction shall be
subject to review by the appointing authority and the Chief of Police involved
within 30 days following the effective date of the initial action and at regular
intervals thereafter. Actions resulting in demotions may be reviewed at the sole
discretion of the appointing authority.
Notice of Disciplinary Action--The City shall provide the affected employee with written
notice prior to taking disciplinary action, except where circumstances dictate that the City
take immediate action to remove the employee from the workplace. In such cases,
written notice, as set forth below, shall be provided the employee within 2-working days
from -he date of the action. In all cases, written notice of disciplinary action shall be
serve/_ on the employee personally or be certified registered mail, with a copy of the
notice to be placed in the employee's personnel file.
[Yritten Notice--The written notice shall contain the type of disciplinary action, the
effective date of the action, the reason or cause for the action, that the employee may
inspect copies of all materials upon which the action is based, and that the employee has
the right to respond, either orally or in writing, to the authority initially imposing the
discipkine.
Notice Timelines--Except for instances where disciplinary action must be imposed
immediately, the notice shall be provided the employee no later than 10-working days
before the disciplinary action is to be effective. Where immediate disciplinary action has
been/reposed, such action will not be final until the aforementioned notice has been
furnished to employee and the employee has been provided up to 10-worldng days from
receipt of the notice to respond to the authority initially imposing the discipline.
Appeal Rights---Once the proposed disciplinary action has been imposed, the affected
employee shall have the fight to appeal. Such appeals shall be filed directly at the fourth
step of the grievance procedure set forth in Rule 14 of the Personnel Rules and
Regulations.
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Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
A icle 27. Grievance Procedure
27.1 Definition of a Grievance--A grievance is an allegation by an employee or a group of
employees that the City has failed to provide a condition of employment that is
established by this Agreement, provided that the condition of employment is not made
subject to the discretion of the Chief of Police or by the City. This grievance procedure
shall not apply to discipline or other matters over which the Personnel Board has
jurisdiction pursuant to Title 3 of the Municipal Code. This grievance procedure shall be
the exclusive means of resolving grievances of employees covered by this Agreement.
27.2 Stale Grievance--A grievance shall be void unless filed in writing within 45-calendar
days from the date upon which the City is alleged to have failed to provide a condition of
employment established by this Agreement, or within 45-calendar days from the time an
employee might reasonably have been expected to have learned of the alleged failure.
27.3 Informal Discussion with Employee's Supervisor--Before proceeding to the formal
grievance procedure, an employee shall discuss the grievance with the immediate
supervisor in an attempt to work out a satisfactory solution. If the employee and
immediate supervisor cannot work out a satisfactory solution, the employee may then
choose to represent him/herself individually, or may request the assistance of an
employee representative, who has been officially authorized by the Union to write and
formally present the grievance.
27.4 Formal V~ritten Grievance to Captain--If the employee chooses to formally pursue the
grievance, s/he shall present the written grievance to the appropriate Captain within 15-
calendar days after the date upon which the grieving employee informally discussed the
grievance with the immediate supervisor. The written grievance shall specify the Article,
Section, and/or Subsection of this Agreement alleged to have been violated by the City
and shall specify date, times, persons, remedy requested, and other facts necessary to a
clear understanding of the matter being grieved. The Captain shall respond in writing to
the grievance within 15-calendar days after receipt of the written grievance. If the
grievance is not resolved at this level, the employee shall have 15-calendar days from
receipt of the Captain's answer to file an appeal to the Chief of Police.
27.5 Grievance to the Chief of Police--The Chief of Police shall have 15-calendar days after
receipt of the grievance to review and answer the grievance in writing. A meeting
between the Chief of Police, the grievant, and grievant's representative may be scheduled
in order to facilitate resolution.
27.6 Informal Review by the City Manager--In the event that the grievance is not resolved by
the Chief of Police, the grievant may, within 30-calendar days after receipt of the Chief of
Police's decision, request in writing to the City Manager, that the grievance be heard by
the City Manager.
27.7 Arbitration of Grievance--Prior to the selection of an arbitrator and submission of the
grievance for hearing by an arbitrator, the City Manager or designee may informally
review the grievance and determine whether said grievance may be adjusted to the
satisfaction of the employee. The City Manger or designee shall have 15-calendar days
to review and seek adjustment of the grievance.
27.8 Selection of an Arbitrator--The arbitrator shall be selected by mutual agreement between
46
Memorandum 05 Understanding
Between the South San Francisco Pohce Association and the
City of South San Francisco
Page 47
27.9
27.10
27.11
27.12
the Ci.-y Manager or designee and the grievant or the grievant's representative. If the City
Manager or designee and the grievant or the grievant's representative are unable to agree
on the selection of an arbitrator, they shall jointly request the State Mediation and
Conci-iation Service to submit a list of 7 arbitrators who have demonstrated experience in
public sector arbitration. The parties shall then alternatively strike names fi:om the list
until only one name remains, and the person shall serve as arbitrator. Lot shall determine
the first strike from the list.
Duty of Arbitrator-
27.9.1 Arbitrator Decision--Except when an agreed statement of facts is submitted by
the parties, it shall be the duty of the arbitrator to hear and consider evidence
submitted by the parties and thereafter to make written findings of fact and
disposition of the grievance, which shall be final and binding upon the parties.
The decision of the arbitrator shall be based solely on the interpretation of the
appropriate provisions of the Agreement applicable to the grievance, and the
arbitrator shall not add to, subtract from, modify, or disregard any of the terms or
provisions of the agreement.
27.9.2 Arbitrator Responsibility---The provisions for arbitration are not intended and
shall not be construed to empower an arbitrator to change any condition of
employment, specifically covered by the Agreement or, in any respect, to revise,
modify or alter, any provision contained in this Agreement.
Payment of Costs--Each party to a hearing before an arbitrator shall bear his/her own
expenses in connection therewith. Either party shall have the fight to a reporter's
transc_-ipt of the hearing provided that this cost is born by the requesting party. If the
other party elects to utilize a copy of the transcript, the entire costs shall be divided
equally. All fees and expenses of the arbitrator shall be borne half by the City and half by
the grievant.
Effect of Failure of Timely Action--Failure of the employee to file an appeal within the
required time period at any level shall constitute an abandonment of the grievance.
Failure of the City to respond within the time limit at any step shall result in an automatic
advancement of the grievance to the next step.
Non-union Representation--In the event that an employee chooses to represent
him/herself, or arranges for representation independent of the Union, the Chief of Police
and the City shall make no disposition of a grievance that is inconsistent with the terms
and conditions of this Agreement. In the event an employee shall elect to go to hearing
independently under paragraph above, the Union shall have the right to be a full and
equal party to such proceedings for the purpose of protecting the interests of its members
under the terms of the Agreement.
47
Page 48
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Section 3 - Provisions for all Unit Members
Article 28. Agreement Modification and Waiver
28.1 Full and Entire Agreement--This Memorandum of Understanding sets forth the full and
entire agreement of the parties regarding the matters set forth herein, and any other prior
or existing understanding and agreements over these matters between the parties, whether
formal or informal, are hereby superseded in their entirety. In the event that the
provisions of this Agreement are found to be in conflict with a City nde, regulation or
resolution, the provisions of this Agreement shall prevail over such conflicting rule,
regulation, or resolution.
28.2 Eligibility for Retroactivity--A unit member must be employed by the City in a position
covered by this Agreement at the time settlement is reached on a successor Agreement
and that Agreement is ratified in order to be eligible for any limited retroactivity in salary
or benefit increases that the successor Agreement may provide.
28.3 Written Modification Required--No agreement, alteration, understanding, variation,
waiver, or modification of any of the terms or provisions contained herein shall in any
manner be binding upon the parties hereto unless made and executed in writing by all
parties hereto and approved by the City Council.
28.4 Waiver--The waiver of any breach, term or condition of this Agreement by either party
shall not constitute a precedent in the future enforcement of all its terms and provisions.
Article 29. Signatures
In witness thereof, the parties hereto have executed this Agreement in the City of South San
Francisco on this day of
For the City:
For the Association:
48
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 49
Appendix A
Sworn and Civilian Classifications
Sworn Classifications
· Police Recruit
· Police Officer
· Police Corporal
· Police Sergeant
Civilian Classifications
· Parking Enforcement Officer
· Police Property and Evidence Specialist
· Police Records Specialist
· Police Service Technician
· Senior Police Records Specialist
49
Page 50
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Appendix B
Sworn and Civilian Classifications Salary Adjustments
Sworn Classifications 1/1/01 1/1/02 1/1/03
· Police Recruit ........................................... 6.32% ............. 4.0% .............. 4.0%
· Police Officer ........................................... 6.32% ............. 4.0% .............. 4.0%
· Police Corporal ........................................ 6.32% ............. 4.0% .............. 4.0%
· Police Sergeant ......................................... 6.32% ............. 4.0% .............. 4.0%
1/1/04
............. Survey
............. Survey
............. Survey
............. Survey
Civilian Classifications 1/1/01 1/1/02
· Parking Enforcement Officer .................... 5.0% .............. 4.0%
·
·
·
·
1/1/03 1/1/04
.............. 4.0% ............. Survey
Police Property and Evidence Specialist... 5.0% .............. 4.0% .............. 4.0% ............. Survey
Police Records Specialist .......................... 5.0% .............. 4.0% .............. 4.0% ............. Survey
Police Service Technician ......................... 5.0% .............. 4.0% .............. 4.0% ............. Survey
Sen/or Police Records Specialist .............. 5.0% .............. 4.0% .............. 4.0% ............. Survey
50
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 51
Appendix C
Side Letter-Medical Benefits
Medical Plat, Modifications--Should the City determine that there ought to be an amendment in
medical plan providers, such as an add, delete, or change, the City will undertake this conversion,
making every effort to maintain the same level of service to participants without costing the City
additional funds for medical plan premiums.
51
II
Page 52
Memorandum of Understanding
Between the South San Francisco Pohce Association and the
City of South San Francisco
Appendix D
Side Letter-Optional PERS Benefits
PERS Retirement Formula Modifications--
D.1 Sick Leave Service Credit--The City will have an actuarial study conducted by PERS for
Sick Leave Service Credit for both sworn and civilian positions. If the results of the
study are .02% of salary or less for either the sworn or the civilian positions, then the City
will implement the PERS plan modification by no later than 7/1/01. If the results of the
actuarial study are .021% or more the City and the Association will meet and confer to
ascertain if employee members, as a group, will pay the costs above .02%.
D.2 Single-highest Year Retirement Calculation--If at any time from January 2001 through
June 2003, additional PERS benefits of single-highest year retirement calculation for
miscellaneous employees (civilian employees) are made available to employees classified
as Miscellaneous with the Public Employees' Retirement System, and are granted to
other miscellaneous employee un/ts of the City, this unit shall also be granted those
benefits.
52
Memorandum o:.' Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 53
Appendix E
Side Letter-Sick Leave Coding and Recognition
E.1
E.2
Sick £eave Usage Coding--The City will adopt a coding system by 7/1/01 to correctly
accou~ut for personal sick leave and sick leave as family care usage. The purpose of this
coding system is to correctly identify how leave is used. A byproduct of this coding
system will be to ensure that those employees who qualify for recognition for not using
persor_al sick leave will be eligible for department and/or City recognition.
Low Sick Leave Usage Recognition--The department management staff and the Police
Assoc'.ation will meet by 3/1/01 to develop a program to facilitate the department's
continued low sick leave usage by addressing one component of wellness, which is
physical fitness through exercise. The goal of the program is to provide no more than 1
new or replacement physical fitness-related equipment/apparatus to the department gym
per year.
53
Page 54
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Appendix F
Police Association-Salary and Benefits Staff Report
1. Include a four-year agreement, ending 12/31/2004.
2. Incorporate previously agreed-upon language into this MOU revision.
3. Modify bilingual incentive language with pre-determined languages. Grandfather in those
employees in the current bilingual incentive program. Increase bilingual compensation by 2.5% on
7/1/03.
4. Increase uniform allowance for all classifications in unit each year of agreement by $15 on 7/1/01;
$10 on 7/1/02; $10 on 7/1/03; and $10 on 7/1/04.
5. Maintain current level of health benefits. Add side letter about modifying medical benefit providers,
if necessary.
6. Increase dental benefits to $1,500 per calendar year, effective 1/1/01.
7. Add short-term disability benefits for civilian employees, effective 1/1/01.
8. Modify light-duty provision to allow for an employee to be assigned in another department if work is
available.
9. Modify discretionary holiday payoff to be by the payperiod before the last payperiod of the calendar
year.
10. Add side letter for departmental recognition program to be developed by 7/1/01.
11. Implement PERS retirement benefits of 3% at age 50 retirement formula for sworn classifications by
1/1/03.
12. Add provision that if the PERS retirement benefits are modified for any other miscellaneous unit
during the life of this agreement, those modifications are also provided for this unit, such as for
single-highest year retirement calculation.
13. Add side letter provision to request a PERS actuarial study for sick leave service credit for both
sworn and civilian members, and if rate is .2% of salary or less for either group, then add. If rate is
2.1 or more, then meet with Association to determine if membership pays difference.
14. Modify language in such areas as Sick Leave Management Policy.
15. Modify Sick Leave and Paid Family Care Leave to ensure consistency with new laws. Eliminate
Paid Family Care Leave for employees hired into mt-covered classifications after 1/1/01. Reduce
Paid Family Care Leave by 8 hours for civilian classifications and by 14 hours for sworn
classifications, effective 1/1/01. Eliminate remaining Paid Family Care Leave for sworn
classifications by 7/1/03.
16. Modify salaries for sworn classifications for the period of 1/1/01 through 12/31/04 to include equity
adjustment of 6.32% on 1/1/01, and COLA of 4% on 1/1/02, and 4% on 1//1/03; and survey for
1/1/04, with placement at the 60t~ percentile and maintenance of the same salary spread between
levels for 1/1/04 survey.
17. Modify salaries for civilian classifications for the period of 1/1/01 through 12/31/04 to include 5%
on 1/1/01, 4% on 1/1/02, and 4% on 1//1/03; and survey for 1/1/04, with Placement at the 60t~
percentile and maintenance of the same salary spread between levels for 1/1/04 survey.
54
u.~.
Il I
Memorandum of Understantiing
between the
International Association of Firefighters
and the
City of South San Francisco
July 1, 2001 through June 30, 2006
; A "ticle
1
2
3
4
5
Table of Contents
Premble ...................................................................................... 1
U~on ~ghts ................................................................................. 1
2.1 Reco~tion ............................................ : ............................... 1
2.2 Pa~oll Deduction .................................................................... 1
2.3 Au~ofized Representatives ......................................................... 1
2.3.1 Access ............................................................................. 1
2.3.2 U~on Business T~e ........................................................... 2
2.3.3 Release Time ..................................................................... 2
2.4 Use of Ci~ Facihfies, Eq~pment, and Records ....................................2
2.4.1 Meeting Faci~fies ............................................................. 2
2.4.1.1 Exceptions ............................................................ 2
2.4.1.2 De~fl ~d Pro~bifions ..............................................2
2.4.2 BuRefin Bo~ds ................................................................. 2
2.4.3 U~on Rea~ng Files .......................................................... 2
2.4.4 Use of Dep~ent Eq~pment, Supples, ~d Se~ices ................... 2
2.4.5 Access to CiW Records 3
2.4.6 Access to Personnel Files .................................................... 3
2.5 Copies of Memor~dm of Underst~ng ........................................ 3
Non-~sc~minafion ........................................................................ 3
Wages ~d Compensation .............................................................. 3
*.1 Wages ................................................................................ 3
4.1.1 Fiscfl Ye~ 2001 ~crease 3
4.1.2 Fiscfl Yem 2002 ~cre~e ' - ............... 4
4.1.3 Fiscfl Yem 2003 ~crease ................................................... 4
~ 4.1.4 Fiscfl Ye~ 2004 ~crease ........................................ 4
4.1.5 Fiscfl Yem 2005 ~crease ......................................... 4
~.2 Pa~ent of Compensation ................................................ 4
4.2.1 Continuous P~d Re~lm Se~ice ............................................ 4
c.3 Time-in-Step .......................................................................... 5
Specifl Compensation ' 5
5.1 Tempor~ Fke Capt~n Compensation ........................................... 5
5.2 Tempor~ Ba~on C~ef Compensation ........................................ 5
5.3 Tempor~ En~neer Compensation ................................................ 5
Page
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 th. rough June 30, 2006
'5.4 Temporary Fire Inspector Assigr~nent ............................................. 5
5.5 Emergency Medical Technician I Fire Service (EMT IFS) Instructor
Assignment Compensation .......................................................... 6
5.6 Emergency Medical Technician (EM'r) Certification ........................... 6
5.6.1 Mandatory EMT Certification ................................................ 6
5.7 Promotion to Captain ................................................................. 6
5.8 Fire Apparatus Engineer Compensation ................................... ~ ......6
5.8.1 Promotion to Fire Apparatus Engineer ..................................... 6
5.8.1.1 Six-month Probationary Period ................................. 6
5.8.1.2 Twelve-month Probationary Period ............................ 6
5.9 Service Incentive Rate ................................... - ............................ 6
5.10 Education Incentive Rate .......................................................... 6
5.10.1 Education Incentive for Fire Suppression ................................ 6
5.10.1.1 Applicable Programs/Courses .................................. 6
5.10.1.1.1 Associate Degree .................................... 6
5.10.1.1.2 Bachelor's Degree .................................. 7
5.10.1.1.3 Accredited Units .................................... 7,
5.1011.2 Non-applicable Com:sework .................................... 7
5.10.1.3 Coursework Documentation ....................................7
5.10.2 Education Incentive for Non-assignment Inspectors ................... 7
5.10.2.1 Fire Inspectors Hired Before 11/29/01 .......................7
5.10.2.2 Fire Inspectors. H/red 11/29/01 or Later ...................... 7
5.10.2.3 Applicable Programs/Courses .................................. 7
5.10.2.3.1 Associate Degree ..........................- .....7
5.10.2.3.2 Bachelor's Degree ................................7
5.10.2.3.3 Accredited Units .................................. 8
\
5.10.2.4 Applicable Coursework for Fire Inspector Classification -- 8
5.10.2.5 Coursework Documentation .................................. 8
5.11 Bilingual Incentive Rate 8
5.11.1 Testing and Compensation ............................. 8
5.11.2 Eligibility ..................................................................... 8
5.11.3 Language Determination .................................................... 8
5.11.4 Cmrrent Languages in Effect ......................................... 9
Assignments and 40-hour Classifications 9
6.1 Assignment and Classifications ..................................................... 9
6.2 Salary .................................................................................. 9
6.3 Assignment Positions Shift Overtime ............................................. .9
6.4 Leave Accrual ........................................................................ 9
6.5 Leave Accrued and Taken ............................................................ 9
6.5.1 Holidays .................. r .................................... r ................. 9
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page iii
6.5.2 Paid Family Care Leave ....................................................... 9
6.5.2.1 Leave Amounts ........................................................ 9
6.5.3 Bereavement Leave ............................................................ 9
6.5.4 Medical Appointment Leave ................................................. 9
6.5.5 Sick Leave ....................................................................... 9
6.5.6 Compensatory Time ........................................................... 9
6.5.6.1 Shift Overtime ........................................................ 9
6.5.6.2 Taking Compensatory Time ......................................... 10
6.5.7 Flexible Work Schedules ..................................................... 10
6.5.8 Vacation Leave ........................... : ..................................... 10
7 Uniforms ........................................................ ~ ............................. 10
7.1 Uniform~ ............................................................................... 10
5.2 Eligibility ................................................................................ 10
7.3 Leather Helmet ........................................................................ 10
'7.4 Allowance Amounts .................................................................. 10
8 Benefits ...................................................................................... 11
8.1 Insurance Benefits ..................................................................... 11
8.1.1 Medical Insurance ............................................................. 11
8.1.1.2 Payment of Premium Costs .......................................... 11
8.1.1.2.1 Maximum Rate ........................................... 11
8.1.1.3 Effective Dates of Coverage ......................................... 11
I 8.1.2 Medical Insurance for Employees who Retire ............................. 11
I 8.1.3 Medical Insurance for Spouse after Employee or Retiree Death ........ 11
8.1.4 Spouse Purchase of Medical Insurance after Employee or Retiree
Death ......................................................... 12
8.2 Dental InsuranCe ...................................................... 12
8.2.1 Effective Date of Coverage ............................ 12
I 8,2.2 Dental ............................................................ 12
8.2.3 Orthodontia ............................ 12
8.2.4 Purchase of Dental Insurance For Employees Who Retire ............... 12
8.3 Vision Insurance 12
8.3.1 Effective Dates of Coverage ................................................ 12
8.3.2 Plan ......................................................................... 12
8.4 Discretionary Benefit Option ...................................................... 12
8.4.1 Proof of Alternate Insurance ................................................. 12,
8.4.2 Method of Computation ....................................................... -13
8.4.3 Exercising the Option ................................ r ....................... 13
8.5 Life Insurance and Accidental Death and Dismemberment Insurance ......... 13
8.5.1 Life Insurance Benefits CeaSing ............................................ 13
Page iv
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
A rzic..'le Title ::::i.:' :.,,.',.. ,.-"':... '" ' ,. Pace
8.5.2 Benefits .......................................................................... 13
8.5.2.1 Term Life Value ................................................... 13
8.5.2.2 AD&I) Value ...............~ ....................................... 13
8.5.2.3 Payment of Premium Costs ....................................... 13
8.5.2.4 Effective Date of Coverage ........................................ 13
8.5.2.5 Additional Life Insurance .......................................... 13
8.6 Hepatitis B Vaccination ............................................................... 13
8.7 Long-term Disability Insurance ...................................................... 14
8.7.1 City Notification ............................................................... 14
8.7.2 Effective Date ................................................................... 14
8.7.3 Plan Payment ................................................................... 14
8.8 Section 125 Plan ..................................................................... 14
8.8.1 Dependent Care Plan ......................................................... 14
8.8.2 Un.reimbursed Mecl/cal Expense Plan ...................................... 14
8.9 Deferred Compensation ............................................................... 14
8.10Retirement Benefits ................................................................. 14
8.10.1 Retirement Plan ............................................................... 14.
8.10.2 Optional Provisions Added .................................................. 14
8.10.2.1 The 1959 Survivor Allowance .................................... 14
8.10.2.2 One-year I-Iighest Compensation ................................. 14
8.10.2.3 Half Continuance .................................................. 14
8.10.2.4 Sick Leave Service Credit ......................................... 15
8.10.2.5 Military Service Credit ........................................... 15
8.10.2.6 3% at Age 50 Retirement Formula 15
8.10.2.7 New PERS Provision Added ................................... 15
8.10.3 City Contribution to Retirement System .................................... 15
8.10.4Employee Contribution to Retirement System .......................... 15
8.11 Sick Leave at Separation .................................... 15
8.11.1 Payment of Unused Accumulated Sick Leave Accrued after 11/14/85 15
8.11.2Sick Leave Cap ........................................................... 15
8.11.3 PERS Service Credit ........................................................ 15
9 Work Schedules and Hours of Work ........................................ 16
9.1 Normal Hours of Work ...................................................... 16
9.1.1
9.1.2
9.1.3
9.1.4
9.1.5
9.1.6
9.1.7
On-duty Shift Defined ...................................................16
Off-duty Shift Defined ....................................................... 16
Tour-of-Duty Defined ....................................................... 16
Shift Schedule Defined ....................................................... t6
Rest Periods .................................................................. 16
Time for Reporting for On-duty Shifts ...................................... 16
Departure of Employees from On-duty Shifts ............................. 16
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through Jane 30, 2006
Page v
9.1.8 2/4 Work Schedules ........................................................... 16
9.2 Overtime ................................................................................. 16
! 9.2.1 Overtime Defined .............................................................. 16
9.2.2 overtime Records .............................................................. 16
9.2.3 Minimum Overtime ........................................................... 17
9.2.4 Overtime Compensation Rates ............................................... 17
9.2.4.1 Compensation Rate .................................................. 17
9.2.4.2 Hold-over ............................................................. 17
9.2.4.3 Non-emergency Call-in ............................................. 17
9.2.4.4 Emergency Call-in ................................................... 17
9.2.4.5 Court Time Minimum ............. ; ................................. 17
9.2.5 FLSA Overtime Compensation ..............................................17
9.2.6 Exclusion of Trade Time ...................................................... 17
10 Eolidays ...................................................................................... 18
13.1Holiday Compensation ............................................................... 18
10.1.1 Full-day Holidays ......... - ....................................... 18
10.1.2 Half-day Holidays ..........................................................
10.1.3 Discretionary Holiday ..................................................... 18
10.1.4 Holiday Compensation for Employees on Industrial Injury or Illness
Leave ........................................................................... 18
10.1.5 Holiday Compensation for Employees on Non-industrial Sick
Leave or Family Care Leave ................................................ 19
10.1.6 Employees Not Eligible for Holiday Compensation ..................... 19
11 Paid Leaves ............................................................................ 19
1-.1 Vacation .......................................................................... 19
11.1.1 Vacation Accrual Rates ........................................ 19
11.1.2 Vacation Selection ........................................... 19
11.1.2.1 Shift Vacation 19
, 11.1.2.2 Vacation Staffing .............................................. 19
! 11.1.2.3 Unscheduled Vacation Selection ...............................19
11.1.3 Vacation Buy-back ................................................ 20
11.1.4 Vacation Accumulation ....................................... 20
11.1.5 Vacation Compensation Payout Upon, Separation ..................... 20
11.2 Sick Leave/Non-industrial Injury ILlness Leave .................................. 20
11.2.1 Definition .................................................................. 20
11.2.2 Amount of Sick Leave .................................................... 20
11.2.2.1 Sick LaaVe Amounts for Employees Hired 1/7/97 or.
Earlier .............................................................. 20
11.2.2.2 Sick Leave Amounts for Employees Hired 1/8/97 or Later - 20
11.2.3 Sick Leave Request ........................................................... 20
Pag~ vi
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Approval of Sick Leave Request ........................................... 20
Verification of lllness or Injury ............................................. 20
11.2.5.1 Usual Verification ................................................. 20
11.2.5.2 Doctor or Nurse Practitioner's Verification ................... 21
11.2.6 Prohibition from Engaging in Outside Occupation ..................... 21
11.2.7 Sick Leave Management Plan ............................................... 21
11.2.7.1 Sick Leave Threshold ............................................. 21
11.2.7.1.1 Employees Scheduled 56-Hour Work-weeks ..... 21
11.2.7.1.2 Employees Scheduled 40-Hour Workweeks ,--- 21
11.2.7.2 Leave Monitoring .................................................. 21
11.2.7.3 Extenuating Circumstances ...................................... 21
11.2.7.4 Review and Counseling ........................................... 22
11.2.7.5 Sick Leave Management Plan Requirements .................. 22
11.2.7.6 Plan Stipulations ................................................... 22
11.2.7.6.1 Personal Notification ............................... 22
11.2.7.6.2 Examination ......................................... 22
11.2.7.6.3 Affidavit ............................................... 22
11.2.7.6.4 Other Conditions .................................... 22
11.2.7.7 Discipline Process ................................................. 22
11.2.7.8 Maximum Paid Sick Leave ...................................... 22
11.3 Bereavement Leave ..... ' .............................................................. 22
11.3.1 Definition of Family Member for Bereavement Leave .................. 22
11.3.1.1 Non-family Member Leave ............................. 23
11.3.2 Leave Within California ................................................... 23
11.3.3 Leave Outside california ................................................. 23
11.4 Medical Appointment Leave ..................................................... 23
11.4.1 Medical Appointment Leave Charged to Sick Leave for 56-hour
Employees .............................................................. r ..... 23
11.4.2 Medical Appointment Leave Charged to Sick Leave for 40-hour
Employees. 23
11.5 Paid Family Care Leave ................................... 23
11.5.1 Definition of Family Member for Paid Family Care Leave ............. 23
11.5.2 Eligibility for Paid Family Care Leave. 24
11.5.2.1 56-Hour Employees ............................................ 24
11.5.2.2 40-Hour Employees ............................................... 24
11.5.2.3 Elimination of Leave ............................................. 24
11.5.3 Sick Leave as Family Care Leave .......................................... 24
11.5.3.1 Definition of Family Member for Sick Leave as Family
Care Leave Purposes .............................................. 24
11.5.3.2 Leave Amount ...................................................... 24
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page vii
...-......-;-,:,...'.. ::,....! .' ':..
11.5.4 Concurrent Use of I.~ave ..................................................... 24
11.5.5 Leave Accounting ............................................................ 24
11.5.6 Notification Procedures ...................................................... 24
11.5.6.1 J_~ave Notification ................................................. 24
11.5.6.2 Leave Verification ................................................ 24
11..6 Industrial Injury or Illness L~ave ..................................................... 25
11.6.1 Administration of I.~ave ..................................................... 25
11.6.2 Light-duty Program ........................................................... 25
11.6.3 Prohibition from Enga~ng in Outside Occupation ...................... 25
11.7 Preg-nancy Disability and Childcare I.~ave ......................................... 25
12 Leave Conversion ............................................................................ 25
12.1 Leave Conversion Factors ............................................................ 25
12.1.1 56-hour Schedule ............................................................. 25
12.1.1.1 Sick Leave Conversion ........................................... 25
12.1.1.2 Vacation J_~ave Conversion ...................................... 25
12.1.1.3 Vacation Buy-back ............................................. 26
12.1.2 40-hour Schedule .......................................................... 26
12.1.2.1 Sick Leave Conversion ................................... 26
12.1.2.2 Vacation Leave Conversion ...................................... 26
12.1.2.3 Vacation Buy-back ............................................ 26
13 Long-term Disability Program ........................................................... 26
13.1 Benefits ....... 26
13.2 Application for Benefits ................................................... 26
13.3 Elimination Period ' .......................... 26
13.4 City Determination ......................... 26
13.4.1 Permanent and Stationary Stares 26
13.4.2 Temporary Disability Status ........ 27
13.5 Permanent ~nd Stationar7 Determination .............................. 27
13.6 Temporary Disability Determination- .................................. 27
13.7 Permanent and Stationary Determination During I.~ave of Absence ......... 27
13.8
............................... 27
27
Accrued Vacation Payment ...............
13.9 Insurance Premium Payment --
14 Light-duty Program ................................ 27
1~.1 Light-duty Program 27
1/--.2 Coverage
28
14.2.1
Determination and Required Reports ........................... 28
14.2.1.1 Assignments .......................................... 28
14.2.1.2 Evaluation and Determination .................................. 28
14.2.1.3 Medical Reports .................................................. 28
14.2.1.4 Review of Assi~mament .......................................... 28
Page viii
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
A "' '""' Ti', ..... ...
' tie'.,..'.:' '..'. '., '"'.i"".'""". '" :..'"'" l,;~.~e
~,, ~ ', ...... ' ~,,',,, .-.' ..... .." . ' - ,. ' ' , , .t-',, , ~'
14'.3 ~ght-duty Assignments, Definitions, and Restrictions ........................28
14.3.1 Assignments ................................................................. 28
14.3.2 Impact to Employee ........................................................ 28
14.3.3 Fire Department Assignments ........................................... 28
14.3.4 Normal Business Hour Assi~mu-nents ..................................... 28
14.3.5 Case-by-Case Review ...................................................... 28
14.3.6 Field Emergency Responses ............................................. 28
14.3.7 Reevaluations .............................................................. 28
14.3.8 Uniforms ..................................................................... 29
14.3.9 Holidays ...................................................................... 29
14.3.10 Vacation Scheduling ....................................................... 29
14.4 Return-to-Full-duty Status ........................................................... 29
15 Layoff and Demotion Policy ............................................................... 29
15.1 Reduction in Force .................................................................... 29
15.2 Displaced Employees ................................................................ 29
15.3 Seniority ............................................................................... 29
16 Paramedic Preceptor Fee ................................................................. 29
17 Residence Requirements .................................................................. 30
18 Emergencies .............................................................................. 30
19 Discipline Provision ....................................................................... 30
20 Grievance Procedure ........................................................................ 30
20.1 Definition of a Grievance .......................................................... 30
20.2 Stale Grievance ................................................................... 30
20.3 Informal Discussion with Employee's Supervisor ...................... 31
20.4 Formal Written Grievance to Employee's Battalion Chief ................... 31
20.5 Waiver of Battalion Ch/ef Review .............................................31
20.6 Grievance to Fire Chief .............................................. 31
20.7 Arbitration of Grievance 31
20.8 Informal Review bythe City Manager ........................... ~ ............... 31
20.9 Selection of Arbitrator ................................................... 31
20.10 Arbitrator Review ................................................................. 32
20.11 Duty of the Arbitrator ............................................... 32
20.12 Payment of Costs .............................................................. 32
20.13 Effect of Failure of Timely Action ...................................... 32
20.14 Non-Union Representation ....................................................... 32
21 Agreement, Modification, and Waiver .................................................. 32
21.1 Full and Entire Agreement ...................................... - .................. 32
21.2 Written Modification Required .................................................... 32
21.3 Waiver ................................................................................. 32
21.4 Term of Agreement .................................................................. 32
Memorandum of Understanding be~veen the
City of South Sa~ Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page ix
_ _A.i"" ' '~''' '"" ~ . .'title .,.,.:' "' ' ,,:',, ':
~ ' ~"d ' ' "J," ' ' '" ' ' '
.1[,lC ~d ,,:, ,,,,. , , , e
22 -. ~'ignatures ................................................... - ..... ~ ........................... 33
Appendix
A
B
C
D
E
F
G
H
Classifications ................................................................................ 35
Compensation Adjustments by Classification ........................................... 36
Uniform Allowance Rates .................................................................. 37
Side Letter - 2/4 Work Schedule Plan .................................................... 38
Side Letter - 2/4 Work Schedule Workweeks ........................................... 39
Code Enforcement Language .............................................................. 40
Staff Report ................................................................................... 41
Annual Salary Schedules ................................................................... 42
I il
Page x
Memorandum of Understanding between the
City of South San Francisco and the IA.FF, Local 1507
July 1, 2001 throu~ June 30, 2006
JA..B- ~19/02
Ekfile cabinet~e~lationa~iaflkmouh-ev9 iaff 01-05 mou. doc
Memorandum of Understanding
between the
International Association of Firefighters
and the
City of South San Francisco
July 1, 2001 through June 30, 2006
Article 1. Preamble
This Memorandum of Understanding is entered into by the City of South San Francisco,
designated "City" and the International Association of Firefighters GAFF), Local 1507, AFL-
CIO, desi~a-.ed "Union" as a mutual agreement of the wages, hours, and conditions of
employment in effect during the period of 7/1/01 through 6/30/06 for those full-time re~lar
employees working in classifications in the represented unit referred to in this agreement.
Amcle 2. U ion Rights
2.1. Recognition--The City of South San Francisco recognizes the International Association
of Firefighters, Local 1507, AFL-CIO as the employee organization representing the
employees in this unit, which consists of all employees in the classifications identified in
Appendix A and as may be added to the unit by the City during the term of this
agreement.
2.2. Payroll Deduction--Upon receiving a written request and authorization from an
employee for deduction of Union dues, the City shall withhold such dues ,and deductions
from tte salary of the employee and shall remit the withholdings to the Union. The City
shall continue to withhold such deductions unless the employee files a statement with the
City withdrawing authorization for the continued withholding of the deductions.
2.3. Authorized Representatives--The Union shall provide and maintain with the Fire Ckief a
list of -he current officials of the Union, as well as the names of any other persons who
are authorized to officially represent the Union in its dealings with the City. No more
than 4 authorized representatives of the Union shall be City employees.
2.3.1 Access--An authorized representative of the Union shall have the right to contact
an individual employee represented by the Union in a City facility during the
employee's work hours on matters concerning wages, hours, and other conditions
of employment. Prior to entering the employee's 'work location, the authorized
representative shall provide reasonable notice to the employee's immediate
supervisor and shall attempt to arrange contact times, coinciding with an
employee's lunch period or after 1700 hours and prior to 0800 hours. An'
employee's immediate supervisor shall have the right to make arrangements for a
contact location and/or contact time that is the least disruptive to departmental
Operations and the employee's work assi~munents.
Page 2
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
2.4
2.3.2 Union Business Time--An authorized representative of the Union who is a City
employee shall perform Union responsibilities on off-duty time, except that such
responsibilities may be performed during on-duty time when the activity does not
interfere with Departmental operations.
2.3.3 Release Time--The Fire Chief or designee may grant reasonable release time
without loss of time or pay to a Union authorized representative if, in the
representative's absence, the needs of the department can be reasonably met and
no added costs are incurred by the department as the result of granting the release
time to the Union representative.
Use of City Facilities, Equipment and Records
2.4.1 Meeting Facilities---City and/or department facilities will be made available to the
Union for the purpose of meeting with represented employees, provided that a
Union officer makes a written request to the Fire Chief or designee generally 2-
calendar days in advance of the meeting.
2.4.1.1 Exceptions--Exceptions to this 2-day notification requirement are in cases
of an emergency, in which case the request can be made verbally if
followed in writing. In addition, the 2-day limit will not be required in
cases of unforeseen circumstances.
2.4.1.2 Denial-and Prohibitions--Use of City and/or department facilities will
only be denied in case of a conflict where prior usage was scheduled for
the facility. Except during the lunch period, meetings of Union
representatives and represented employees shall not be permitted during
0800 hours through 1700 hours.
Bulletin Boards~The City will furnish adequate space for bulletin boards to be
placed at reasonable locations for the exclusive use of the Union. The Union
agrees to post nothing of a discreditory nature about the City or its employees or
that may be offensive to members of the general public and other visitors to the
fn-e stations. The Union shall be responsible for maintaining bulletin boards
exclusively used by the Union in an orderly condition and shall promptly remove
outdated materials.
Union Reading Files--The Union shall be allowed to maintain a Union reading
file at each represented employee'work location. The Union reading file shall be
used for the purpose of distributing material and information, such as recent
developments in employee grievances and other controversial issues that are not
suitable for posting on bulletin boards accessible to the general public and visitors
to the fn'e stations.
Use of Department Equipment, Supplies, and Services--The .department shall
allow the Union to locate a Union file cabinet at the Central Fire Station. The
Union may use a desk at the Central Fire Station provided that the department's
needs do not preclude the use of the desk. The Union may be allowed to use the
department's copy machines, telephones, computer equipment, and supplies
provided that the Union reimburses the department for the cost of such use.
2.4.2
2.4.3
2.4.4
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page 3
2.5
2.4.5 Access to City RecordswThe Union shall have reasonable access to all public
records of the City, as required by law. Access to departmental records, except
individual personnel records, shall be granted at the sole discretion of the City
employee responsible for the maintenance of such records. Nothing contained
herein shall compel any employee to allow a Union representative access to any
files or records. Union representatives may be granted access to non-confidential
departmental records, provided that the Union gives the City employee
responsible for such records a prior request stating the nature of the information
desired, the purpose for which the information will be used, and the time the
representative desires access to the records.
2.4.6 Access to Personnel File--The Union may review a union employee's
confidential personnel file, only if the employee sips a written consent form
granting the Un/on access to the file.
Copies of Memorandum of Understanding--The City and the Union shall share the cost
of prir_ting sufficient copies of the MOU for all current and new bargaining urfit and
management employees.
Article 3. iNon.discrimination
Tkis agreemer_t affords that no person shall in any way be favored or discriminated against to the
extent prohibited by law because of age, sex, sexual orientation, race, religion, ethnic or national
origin, physic~ and mental disability, political or religious opinions, or affiliations to the extent
to which a person chooses to engage or not engage in Union activities.
Article 4. Wages and Compensation
4.1 Wages--Salary increases for each classification in the unit will be provided as set forth
below, beginning on the date indicated and shall include the entire payperiod in which the
date f',.lls. The base hourly rate of pay is set forth in the salary schedules in the
Appendices and will reflect the following.
4.1.1 Fiscal Year 2001 Increase--Effective the entire payperiod including 7/1/01, the
base rate of pay for all employees shall be adjusted to the average of the survey
cities for the period 7/1/01 through 6/30/02. A total compensation and salary
survey will be conducted for the firefighter classification on or near the month of
11/01, utilizing the same survey agencies. The increase will be based on the
survey average for compensation and total compensation, with the same
differential maintained between the Classifications as it was in the previ6us
schedule.
I il
Page 4
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
4.2
4.1.2 Fiscal Year 2002 Increase--Effective the entire payperiod including 7/1/02, the
base rate of pay for all employees shall be adjusted to the 60th percentile for the
period of 7/1/02 through 6/30/03. A total compensation and salary survey will be
conducted for the fn'efighter classification on or near 8/1/02, utilizing the same
survey agencies. Increases to the base rate of pay to the 60a' percentile of the
survey for all bargaining unit members will be effective for the entire payperiod
including 7/1/02. The increase will be based on the survey average for
compensation and total compensation, with the same differential maintained
between the classifications as it was in the previous schedule.
4.1.3 Fiscal Year 2003 Increase--Effective the entire payperiod including 7/1/03, the
base rate of pay for all employees shall be adjusted for the period of 7/1/03
through 6/30/04 by the average of the market movement for the City's standard
survey agencies. A market movement survey will be conducted for the frrefighter
classification on or near the month of 8/1/03, utilizing the same survey agencies.
Compensation will be adjusted by the average amount for the survey agencies and
survey methodology, with the same differential maintained between the
classifications as it was in the previous schedule.
4.1.4 Fiscal Year 2004 Increase--Effective the entire payperiod including 7/1/04, the
base rate of pay for all employees shall be adjusted to the 60th percentile for the
period of 7/1/04 through 6/30/05. A total compensation and salary survey will be
conducted for the fn-efighter classification on or near 8/1/04, utilizing the same
survey agencies. Increases to the base rate of pay to the 60t~ percentile of the
survey for all bargaining unit members will be effective for the entire payperlod
including 7/1/04. The increase will be based on the survey average for
compensation and total compensation, with the same differential maintained
between the classifications as it was in the previous schedule.
4.1.5 Fiscal Year 2005 Increase--Effective the entire payperiod including 7/1/05, the
base rate of pay for all employees shall be adjusted for the period of 7/1/05
through 6/30/06 by 4%.
Payment of Compensation Each employee shall be compensated on a biweekly basis.
Payment will normally be made on the Thursday immediately following the conclusion of
a City payperiod. A City payperiod consists of 14-calendar days and beDns on a Friday,
which is the f~rst day of a payperiod and ends on a Thursday, which is the last day of a
payperiod. Employees who are in continuous paid regUlar status for a partial-payperiod
shall receive Prorated compensation for the payperiod at the rate of 1/112t~ of the
employee's actual biweekly rate of pay for each hour of the payperiod that the employee
was on continuous paid regular status.
4.2.1 Continuous Paid Regular Service--An employee who is on continuous paid
regular service with the City in a classification covered by this agreement shall be
in the unit. Continuous paid regular service excludes all unpaid leaves of absence
of an employee and excludes all time an employee is not in 'a full-time regular
employment status with the City.
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
3uly 1, 2001 through June 30, 2006
Page 5
4.3 Tirne-zn-Step--Each employee shall complete the following time at each step of the salary
schedule applicable to the employee's classification prior to advancing to the next step in
the salary schedule.
Schedule Step Criteria
EnL-y ........... From date of hire to the completion of basic Firefighter academy.
1 ................ After completion of academy to completion of probation.
2 ................ After completing another full year
3 ................ After completing another full year
4 ................ After completing another full year
5 ................ After completing another full year
5.
5.1 Temporary Fire Captain Compensation--Employees in a classification below the level of
Fire Captain, who are assigned to perform the duties of a Fire Captain for a period of 4-
full hours or more, shall receive added compensation for all time served. This
compensation shall be at the hourly rate of pay the employee would otherwise qualify
were the employee promoted to the classification, which is Step 4 of the Fire Captain
salary schedule. An employee in a classification below the level of Fire Captain who is
assigned' to perform those duties for a period of time less than 4-full hours shall not
receive additional compensation for any of the time spent in performing such duties.
5.2 Temporary Battalion Chief Compensation--Employees in the classification of Fire
Captain who are assigned to perform the duties of a Battalion Chief for a period of 4-full
hours or more shall receive added compensation for all time served. This compensation
shall be for all time served at the rate of 5% abOVe the employee's base .hourly rate of pay
or at rte hourly rate of pay for which the employee would qualify, were the employee
promoted to the classification of Battali°n Chief, whichever is greater. An employee in
the classification of Fire Captain who is assigned to perform the. duties of Battalion Chief
for a period of less than 4-full hours shall not receive additional compensation for any of
the time spent in performing such duties.
5.3 Temporary Engineer Compensation--Employees in the classification of Firefighter or
Paramedic/Firefighter Who are assigned to engineer ~duties for a period of 4-full hours or
more shall receive added compensation. This compensation shall be for all time served at
the rate of 5% above the employee's base hourly rate of pay or at the hourly rate of pay
for which the employee would qualify were the employee given the engineer special
assignment. An employee who is assigned to perform the duties of Engineer for a period
of less than 4-full hours shall not receive additional compensation for any of the time
spent ir_ performing such duties.
5.4 Temporary Fire Inspector Assignment--Employees in the classification of Firefighter,
Parame:lic/Firefighter, or Fire Apparatus Engineer who are assi~ed to temporary Fire
Page 6
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
5.5
5.6
5.7
5.8
5.9
5.10
Emergency Medical Technician I Fire Service (EMT IFS) Instructor Assignment
Compensation--Employees in the classification of Paramedic/Firefighter who are
assigned to perform the duties of an EMT IFS Instructor shall receive an additional 5%
compensation above the employee' s base hourly rate of pay, including incentives.
Emergency Medical Technician (EMT) Certification--Employees who maintain an
Emergency Medical Technician certification will receive 2.5% above their base hourly
rate of pay for wkich the employee otherWise qualifies. Such certification is mandatory
for each employee h/red after 6/30/01.
5.6.1 Mandatory EMT Certification--All employees h/red into fire suppression
positions after 6/30/01 must maintain EMT certification. The City will continue
to provide training and remedial training to maintain recertification.
Promotion to Captain--Employees promoted to Fire Captain shall be placed at Step 4 of
the established Fire Captain salary schedule.
Fire Apparatus Engineer Compensation--Effective 2/1/02, Fire Apparatus Engineer shall
be considered a classification, not an assignment, and all current Fire Apparatus
Engineers and future Fire Apparatus Engineers shall be considered paxi of this
classification. Employees in this classification .shall receive an additional 5% above the
employee's base hourly rate of pay, including incentives.
5.8.1 Promotion to Fire Apparatus Engineer The selection process for the
classification of Fire Apparatus Engineer will be based on seniority and having
completed driver's training qualifying them to serve as a Fire Apparatus Engineer.
Those employees who promoted to Fire Apparatus Engineer on or after 2/1/02
shall serve the following probationary periods.
5.8.1.1 Six-month Probationary Period--Ernployees with an original Personnel
Action Form processed for Acting Engineer of 3 or more years from the
date of regular appointment to Fire Apparatus Engineer shall serve a
probationary period of 6 months.
5.8.1.2Twelve-month Probationary Period--Employees with an original
Personnel Action Form processed for Acting Engineer of less than 3 years
from the date of regular appointment to Fire Apparatus Engineer shall
serve a probationary period of 12 months.
Service Incentive RateAn employee who has completed 7 years of full-time regular
employment is eligible and shall be compensated for the service incentive rate of an
additional 2.5% above the employee's base hourly rate of pay.
Education Incentive Rate--
5.10.1 Education Incentive for Fire Suppression An employee who has completed 3
years of full-time regular employment and who has any one of the following shall
receive 5% above the employee's actual base hourly rate of pay.
5.10.1.1 Applicable Programs/CoursesmAny one of the following
pro,ams/courses may apply for this education incentive program:
5.10.1.1.1 Associate Degree--An Associate of Arts or an Associate of
Science degree in Fire Science, Fire Technology.
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through Jtme 30, 2006
Page 7
5.10.1.1.2 Bachelor's Degree--A Bachelor of Arts degree in Public
Administration or Management.
5.10.1.1.3. Accredited Units dO accredited Units in Fire Science or
other courses that can be applied towards obtaining a
Bachelor's degree in Vocational Education, Management, or
Public Administration.
5.10.1.2 Non-applicable Coursework--None of the following courses can be
applied towards the educational incentive program:
· Any Firefi~hter I courses.
· Emergency Medical Technician Certification.
· Paramedic Training.
· Any course attended while on duty.
· Any course attended off duty for which the department paid the
tuition or paid the employee overtime.
5.9.1.3 Coursework Documentation--Documentation for the approved courses
shall be in the form of official transcripts mailed to the department from
the school where the courses are accredited. The employee shall also
provide the department with documentation from an accred/ted college
indicating that the courses taken can be applied towards a Bachelor's of
Arts in Management, or Public Administration or an Associate of Arts in
Fire Science or Fire Technology.
5.10.2 Education Incentive for Non-assignment Fire Inspectors--An employee who has
completed 3 years of full-time regular employment in the Fire Department and
who has any one of the following shall receive 5% above the employee's actual
base hourly rate of pay.
5.10.2.1 Fire Inspectors Hired Prior to 11/29/OJ--Those employees in a fire
inspector classification as of 11/28/01 will receive Education Incentive
based on the same criteria for fire suppression employees, as identified
above.
5.10.2.2 Fire Inspectors Hired 11/29/01 or Later--ThoSe employees hired into a
fire inspector classification as of 11/28/01 or later will receive Education
Incentive as identified below.
5.10.2.3 Applicable Prograrn~/Courses--Any one of the following
programs/courses may apply for this education incentive program:
5.10.2.3.1 Axsociate Degree--An Associate of Arts or an Associate of
Science degree in Fire Science, Fire Technology, Building
Technology, or
5.10.2.3.2 Bachelor's Degree--A Bachelor of Arts degree in Business
Administration, Public Administration, Management, or
Page 8
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 throu~ June 30~ 2006
5.11
5.10.2.3.3 Accredited Units .40 accredited Units in Fire Science or
other courses that can be applied towards obtaining a
Bachelor's degree in Vocational Education, Management,
Business Administration, Public Administration, or Building
Technology.
5.10.2.4 Applicable Coursework for Fire Inspector ClassificationNNone of the
following courses can be applied towards the educational incentive
program:
· Any Firefighter I courses.
· Emergency Medical Technician Certification.
· Paramedic Training.
· Any course attended while on duty.
· Any course attended off duty for which the department paid the
tuition or paid the employee overtime.
5.10.2.5 Coursework Documentation--Documentation for the approved courses
shall be in the form of official transcripts mailed to the department from
the school where the courses are accredited. The employee shall also
provide the department with documentation from an accredited college
indicating that the courses taken can be applied towards a Bachelor's of
Arts in Management, Business Administration, or Public
Administration or an Associate of Arts in Building Technology, Fire
Science, or Fire Technology.
Bilingual Incentive Rate--
5.11.1 Testing and Cornpensation--An employee who has tested, using the City's
standard bilingual testing procedures, and demonstrated to the Fire Chief's
satisfaction proficiency in speaking a second language, shall be compensated at a
rate 2.5% hi~__her than the employee's actual base hourly rate of pay. Such
compensation shall commence the next payperiod after the employee has passed a
qualifying examination, as determined by the City, demonstrating proficiency in
the language.
5.11.2 Eligibility~To be eligible to participate in this program, employees must speak a
second language used by a segment of South San Francisco population. Once an
employee qualifies as speaking a second language the employee will receive
bilingual pay, even ff the population changes and a siguificant segment no longer
speaks the language.
5.11.3 Language Deterrnination--Languages that are spoken in South San Francisco will
be determined by reviewing the demographic data from the local school district.
The Fire Chief and the Union will then meet once a year to determine the
languages that qualify under this section.
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page 9
5.11.4
Current Languages in Effect--The following languages
employee to receive the bilingual incentive pay.
· Spanish.
· Tagalog.
· American Sign Language.
shall qualify for an
Article 6. Assignments and 40-hour Classifications
6.1 Assignments and Classifications--Some positions in the unit will be either a special
assigm-aent or a permanent position with a 40-hour workweek schedule as identified in
Appendix A.
6.2 Salar~--The salary range for 40-hour positions includes all unit incentives, except the
Bilingual Incentive. Employees in 40-hour positions are eligible for the Bilingual
Incen-.ive, only when proficiency has been demonstrated as designated in this agreement.
6.3 Assignment Positions Shift Overtime--Shift overtime will be paid at the 56-hour rate for
the classification the employee was in prior to being assigned EMS Coordinator or Fire
Inspector 11 duties.
6.4 Leave Accrual--Employees in this group will have all leaves accrue at the 40-hour rate
and will use them on an hour-for-hour basis.
6.5 Leaves Accrued and Taken--Leaves are accrued per payperiod as follows, which may be
used as provided in the relevant sections of this agreement:
6.5.1 Holidays--There are thirteen holidays per year, which will be considered paid
time off.
6.5.2 Paid Family Care Leave--24 hours per year of this leave.
6.5.2.1 . Leave Amounts--EffectJve the payperiod including 1/1/02 employees in
these assig'nments or classifications have 12 hours of Paid Family Care
Leave; and effective 1/1/03 Paid Family Care Leave is eliminated. All
Paid Family Care Leave :taken is inclusive of any leave taken from Sick
Leave as Family Care.
6.5.3 Bereavement Leave--24 hours per qualifying event if the funeral is within the
State of California and 40 hours if the funeral is outside the State of California.
6.5.4 Medical Appointment Leave--This leave is not charged to Sick Leave for the f~rst
8 hours of use. All other'time used for this purpose will be charged to Sick Leave.
6.5.5 Sick Leave--Accrues at 3.69 hours per payperiOd and will be charged on an hour-
for-hour basis when used.
6.5.6 Compensatory Time--An employee in a 40~hour position may, at the employee's
option or the City's option, receive, pay for overtime hours worked or may
accumulate compensatory time as allowed by law up to a maximum of 70 hours' in
lieu of pay for said overtime.
6.5.6.1 Shift Overtime--Compensatory time is not available in heu of overtime
oar when working a 24-hour shift.
Pag~ 10
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
6.5.7
6.5.6.2 Taking Compensatory Time--The overtime hours worked may be taken as
compensatory time off provided anyone wishing to exercise this option
must give 3 days notice of the desire for such frae off and the time off
must be taken under such conditions as will not interfere with the
minimum staffing and continued functioning of the division.
Flexible Work Schedules--Upon approval of the Fire Chief, an employee in a 40-
hour position may work a flexible work schedule that provides for a starting time
or ending time other than the normal workday provided that the schedule does not
exceed 80 hours in a payperiod.
6.5.8 Vacation Leave--Tiffs leave will accrue, based on the 40-hour workweek rate of:
Accrual Rate Biweekly Annually
1st through 4t~ year ......................... 3.08 hours ...... 80 hours.
5t~ through 10t~ year ....................... 4.62 hours ..... 120 hours.
11t~ throu~ 14t~ year ..................... 6.16 hours ..... 160 hours.
15t~ throu~ 24t~ year ..................... 7.69 hours ..... 200 hours.
25t~ and succeeding years ............... 9.23 hours ..... 240 hours.
Article 7. Uniforms
7.1
7.2
7.3
7.4
Uniforms--Employees are eligible for reimbursement or payment to a vendor permitted
by the City for approved uniform items. This reimbursement or payment will be for the
purchase price when the employee presents a proper claim, itemized receipt, and upon
verification by the employee's immediate supervisor that the items have been received.
Employees may use the uniform allowance for reimbursement for uniform cleaning, when
done by a .licensed cleaning establishment. Clothing and cleaning receipts, including
shipping Charges, are to be submitted according to :department policy, with
reimbursement following thereafter.
Eligibility---The uniform allowance commences the second year of employment within
the department. After the f~rst year of employment is completed, the employee will
receive the second-year's unifonn allowance on a prorated basis.
Leather HelrnetmAfter the completion of probation and upon the employee's request, the
City will purchase for the employee a leather helmet (less the cost of the department issue
helmet). The employee's cost of the leather helmet will be reimbursed to the City from
the employee's uniform allowance in two equal payments over a 2-year period. The
leather helmet becomes the property of the employee after 3-full years from date of issue.
If an employee separates from the department within three years from the date of issue,
the employee may buy out the City's share. If the employee elects to not purchase the
helmet, it shall be returned to the City.
Allowance Amounts--Uniform allowance mounts are indicated in Appendix C.
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page 11
8. Bene ts
8.1.2
Insurance Benefits--Employees shall be eligible to receive benefits as follows:
8.1.1 Medical Insurance
8.1.1.1 Available Plans Subject to the terms and conditions of the City's
contracts with medical insurance carriers, employees shall be permitted
to select medical insurance coverage for themselves and their el/gible
dependents from one of the following plans:
· Kaiser Foundation Health Plan "S" coverage.
· Blue Shield or other plan to be determined.
8.1.1.2 Payment of Premium Costs--The City shall pay the premium costs for
eligible employees and their dependents to the insurance carrier for the
plan selected by each employee, in accordance with the terms and
conditions prescribed by the contract with the carrier.
8.1.1.2.1 Maximum Rate--The maximum City contribution to the
, employee's medical premium shall be a rate equivalent to the
i HMO plan that is the hi~hest composite rate in effect during
the term of this agreement with employees enrolled in more
expensive plans paying the difference between the highest
composite HMO rate and the other premium rates.
8.1.1.3 Effective Dates of Coverage,,The effective date of coverage for medical.
insurance shall be the fn:st day of the month following the month of
:employee and dependent ern-ollrnent. CoVerage .shall terminate on the
last day of the month in which an employee separates from employment.
Dependent coverage shall terminate on the date prescribed by each
provider's contract for discontinuance of no-longer-eligible dependents.
Medical Insurance for Employees who Retire--Subject to the term~ and
conditions of the City's contracts with the medical .insurance carriers, an employee
who retires during the term of this agreement on a service, an industrial disability,
or a non-industrial disability retirement shall be provided the opPommity to
continue health insurance with one of the City's plans, subsequent to the date of
retirement. The City shall continue to pay the premium costs for the employee
only and the retiring employee shall bear the premium cost of any dependent
coverage.
8.1.3 Medical Insurance for Spouse after Employee or Retiree Death--A retired
employee's spouse shall be provided with 2 months of medical insurance
coverage at the City's expense upon a retiree's death. The City shall provide up to
one year of City-paid medical coverage to the spouse of an active employee who
dies.
8.1
Page 12
Memorandum of Understanding between the
City of South San Francisco and the LAP-F, Local 1507
July 1, 2001 through June 30, 2006
8.2
8.3
8.4
8.1.4 Spouse Purchase of Medical Insurance after Employee or Retiree Death--The
spouse of a deceased employee or retiree shall be allowed to purchase medical
insurance from a City-provided medical plan at the City's premium rate, provided
that:
· There is no cost to the City.
· The medical provider does not require a City contribution.
· The City is held harmless if coverage is discontinued.
Dental Insurance--Subject to the terms and conditions of the City's dental plan for the
Firefighters Association, employees and dependents shall be provided dental insurance
with no premium costs to employees.
8.2.1 Effective Dates of Coverage--Coverage shall become effective on the first day of
the month following 6-full months of employment with the City. Only employees
appointed on the first, day of any month, and who enroll in the plan, are eligible
for coverage after the first of the month following 6-full months of employment.
Coverage shall terminate on the last day of the month an employee separates from
City employment.
8.2.2 Dental--The available plan has a $3,000 per year participant limit.
8.2.3 OrthodontiamThe lifetime orthodontia coverage benefit for each employee's
eligible dependent shall be $4,000.
8.2.4 Purchase of Dental Insurance for Employees Who Retire--Effective 2/1/02, an
employee who retires on a service, industrial disability, or non-industrial disability
retirement from the City shall be provided the opporUmity to continue dental
insurance for themselves and eligible dependents under the City's lesser value
group plan by paying for the premium payments through the City. The employee
must be enrolled in the dental plan prior to retirement. The employee will be
completely responsible for these payments and for continuing the insurance
coverage.
Vision Insurance Subject to the terms and conditions of the City's vision plan,
employees and dependents shall be provided vision insurance, With no premium costs to
employees..
8.3.1 Effective Dates of Coverage-,Coverage shall become effective on the first day of
the month following enrollment and shall terminate on the last day of the month
an employee separates from City employment.
8.3.2 Plan Thevision plan is Vision service Plan B With a $10.00 deductible.
Discretionary Benefit Option Employees who can demonstrate to the City's satisfaction
that they have medical coverage elsewhere, may elect to have the City pay 80% of the
cost of health and welfare benefits as defined below into the employee's deferred
compensation' account.
8.4.1 Proof of AJternate Insurance An employee must provide proof of an alternate
insurance in order to be eligible for this program. Health and welfare benefits are
defined to be a combination of medical, dental, and vision insurance premiums.
Memorandum of Understanding between the
City of South San Francisco and the LAFF, Local 1507
July 1, 2001 through June 30, 2006
Pag~ 13
8.5
8.6
8.4.2 Method of ComputationwThe City shall utilize a weighted average for
determining the cost of such benefit. The City shall determine the total premium
dollars for employees who are members of each of the City's medical plans, and
then divide it by the number of members to get the average medical cost. The
dental and vision composite rates will be added to the average medical cost. 80%
percent of this total will be the amount deposited in the employee's deferred
compensation account in lieu of the paid medical, dental, and vision benefits.
8.4.3 Exercising the Option--Employees wishing to exercise this option may do so by
submitting a completed Discretionary Benefit Option form to the Human
Resources Department. Employees may change the discretionary benefit option
once each year during the open enrollment period for medical plans, or at another
time during the year provided the employee can demonstrate to the City's
satisfaction a bona-fide need.
Life Insurance and Accidental Death and Dismemberment Insurance--
8.5.1 Life Insurance Benefits CeasingmEffective 2/1/02 in consideration for continuing
enhanced dental benefits, the Life Insurance and Accidental Death and
Dismemberment Insurance will cease to exist for all bargaining unit members.
8.5.2 Benefits--
8.5.2.1Life Insurance Benefits Ceasing--Effective 2/1/02 in consideration for
continuing enhanced dental benefits, the Life Insurance and Accidental
Death and Dismemberment Insurance will cease to exist for bargaining
unit members.
8.5.2.2Term Life ValuewSubject to the terms and conditions of the City's
contract with the provider, the Term Life Insurance for employees will
be provided in the amount of $12,000.
8.5.2.3AD&D Value--Subject to the terms and conditions of the City's contract
with the provider, Accidental Death and Dismemberment Insurance for
employees will be provided in the amount of $12,000.
8.5.2.4Payment of Premium Costs--The City shall pay the premium costs for
eligible employees to the insurance provider.
8.5.2.5Effective Date of Coverage---Coverage is effective on the fn:st day of the
month following date of hire. Coverage shall terminate on the date the
employee ceases to be an employee of the City.
8.5.2.6 Additional Life Insurance--Individual .unit members may purchase
additional life insurance through the City's insurance carrier, to the limit
authorized in the contract between the City and the carrier.
Hepatitis B Vaccination--The City will provide, at City expense, a Hepatitis B
vaccination to all employees who desire such vaccination and who are unable to obtain.
one under their medical plan.
Page 14
Memorandum of Und~standing between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
8.7
8.8
8.9
8.10
Long-term Disability InsurancemAll bargaining unit members shall pay for and maintain
long-term disability insurance coverage with the Califomia'Association of Professional
Firefighters, subject 'to the terms and conditions of the City of South San Francisco
Firefighter Association's contract with this provider. This long-term disability insurance
plan provides up to 7?% of the actual salary of an employee who qualifies for such
payments.
8.?.1 Cizy Notification--The Association agrees that the long-term disability benefit
provider will inform the City when an employee begins receiving long-term
disability insurance benefits and when the benefits end.
8.'7.2 Effective Date--Long-term disability coverage becomes effective the first day of
the month following enrollment and terminates on the day an employee separates
from City employment.
8.'7.3 Plan PaymentmThe City shall provide an amount equivalent to the plan's costs,
but no more than $12.00 per month per unit member to pay and maintain their
long-term disability insurance. This amount wil] be given to the Firefighters'
Association on behalf of each bargaining unit member for the long-term disability
coverage, with that mount included on each employee's W-2 tax statements.
Section 125 Plan--Subject to the terms and conditions of the IRS and related regulations,
employees may participate in the City's Section 125 Plan, which consists of a Dependent
Care Program and an Unreimbursed Medical Program. The City's Third-Party
Administrator oversees the Section 125 Plan and has the final authority on Plan
requirements.
8.8.1 Dependent Care Plan--Participants may pay dependent care costs on a pre-tax
basis, up to $5,000 per year, for the fees of a licensed child-care provider.
8.8.2 Unreimbursed Medical Expense PlanmParticipants may pay for approved
medical costs on a pre-tax basis that are not paid by the employee's health care
provider, up to $2,000 per year.
Deferred Compensation--F_.mployees are eligible to participat~ in the Deferred
Compensation Plans available to the City, subject to the term.~ and conditions of each
plan and the IRS.
Retirement Benefits--
8.10.1 Retirement Plan--Refirement benefits for employees shall be those established by
the Public Employees' Retirement System (PERS) for Local Safety Members.
8.10.2 Optional Provisions Added--Optional Public Agency Provisions under the
retirement system shall also be provided as follows.
8.10.2.1 The 1959 Survivor Allowance--As set forth in the Public Employees'
Retirement Law providing for third-tier benefits.
8.10.2.2 One-year Highest Compensation---One-year highest compensation as.
provided for in the Public Employees Retirement Law.
8.10.2.3 Half Continuance--As authorized in the contract between City and
PERS as provided by the Public Employees Retirement Law.
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page 15
8.11
8.10.2.4 Sick Leave Service CreditBAs provided by the Public Employees
Retirement Law.
8.10.2.5 Military Service Credit--lV'filitary Service Credit as public service as
provided by the Public Employees Retirement Law.
8.10.2.6 3% at Age 50 Retirement Formula--The 3% at age 50 retirement
formula will be provided that includes all City service at no cost to the
employee, effective the payperiod including 12/1/02 as provided by the
Public Employees Retirement Law.
8.10.2.7 New PERS Provision Added--On or about July 2002 the City will
request that PERS conduct an actuarial study for the Pre-retirement
Optional Settlement 2 Death Benefit. The City will implement the
benefit no later than the payperiod including 12/1/02.
8.10.3 City Contribution to Retirement SystemBThe City shall pay the rate prescribed by
the Public Employees' Retirement System for employer contributions in
accordance with the rules and regulations governing such contributions.
8.10.4 Employee Contribution to Retirement System~Employees will pay the employee
portion to the Public Employees' Retirement System in accordance with the rules
and regulations governing such contributions.
Sick Leave at Separarion--
8.11.1 Payment of Unused Accumulated Sick Leave Accrued after 11/14/85~Upon
death, full service retirement, or disability retirement, an employee shall be pa/d
for half of the accrued sick leave at the time of the .qualifying event. Payment of
unused sick leave hours shall be made at the employee's actual hourly rate of pay.
Such right to payment is deemed a property right and shall not be taken from the
employee without mutually agreed-upon compensation.
8.11.2 Sick Leave CaP--No employee shall receive payment for any recorded hours in
excess of the 1,680 hours cap, with the maximum payable of 840 hours. Except
those employees who have in excess of the 1680-hOur cap as of 1/1/89 will have
whatever accrued but unused hours earned as of that date become their cap.
Those employees who are beloTM the 1680-hour cap effective 1/1/89 may accrue
up to the cap with the City paying half upon retirement or death, with the
maximum paYable shall 'be 840 hours. ~
8.11.3 PERS Service Credit ILn adclitiOn t0 receiving a cash payoff for accumulated sick
leave upon retirement as described above, an employee may apply all remaining'
sick leave hours as credit towards retirement through the Public Employees'
Retirement System. The employee maY. also, upon death, full service retirement,
or a disability retirement, elect to not receive any cash payment and instead apply
all of the accrued sick leave towards Sick Leave Service Credit for a PERS.
retirement.
Page 16
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Article 9. Work
9.1
9.2
Schedules and Ho s of Work
Normal Hours of Work--Employees shall work a normal schedule that includes shifts
arranged into tours of duty within a specified schedule, resulting in an average of 56
hours of on-duty time per week over a period of a year. The schedule defines the normal
work schedule and hours of work for employees and is not a guarantee of hours or shifts
of work.
9.1.1 On-duty Shift Defined~An on-duty shift shall be 24-consecutive hours of time
worked be~nrdng at 0800 hours on a calendar day and ending at 0800 hours the
following calendar day. An on-duty shift is signified by the symbol "X".
9.1.2 Off-duty Shift Defined~An off-duty shift shall be 24-consecutive hours of time
off beginning at 0800 hours of a calendar day and ending at 0800 hours the
following calendar day. An off-duty shift is signified by the symbol "O".
9.1.3 Tour-of-Duty Defined~A Tom-of-Duty is a sequence of on-duty and off-duty
shifts patterned as follows: XOXOXOOOO.
9.1.4 Shift Schedule Defined~A shift schedule shall be a series of tours of duty, with 3
different shift schedules. The 27-day work schedule is as follows:
A Shift = XOXOXOOOOXOXOXOOOOXOXOXOOOO...etc.
B Shift = OXOOOOXOXOXOOOOXOXOXOOOOXOX...etc.
C Shift = OOOXOXOXOOOOXOXOXOOOOXOXOXO...etc.
9.1.5 Rest Periods~During normal on-duty shifts, one rest period shall be permitted
between 0800 hours and 1200 hours and one between 1300 hours and 1700 hours,
provided that such rest periods do not interfere with effective operations.
Time for Reporting for On-duty Shifis~Employees must report for work for their
scheduled on-duty shift no later than 0800 hours.
Departure of Employees from On-duty Shifis~Employees shall not depart from
their on-duty shift and station until properly relieved.
2/4 Work Schedules On or about 3/1/02 the City will implement a trial 2/4 work
schedule with a 24-day work cycle.. See Appendix D for pilot program agreement.
See Appendix E for actual work cycle.
Overtime--
9.2.1 Overtime DefinedmOverrime is ordered and authorized work in excess of an
employee's normal work schedule and work.hours as defined in this section or as
defined in the Fair Labor Standards Act for hours in excess of the regular work
period, wkichever provides the higher benefit. The City will credit all paid leave
as hours worked for the purposes of overtime.
9.2.2 Overtime RecordsmRecords of overtime worked shall be maintained in
accordance with procedures established by the Fire Chief.
9.1.6
9.1,7
9.1.8
Memorandum of Understanding between the
City of South San Francisco and the I_A_~, Local 1507
July 1, 2001 through June 30, 2006
Page 17
9.2.3
9.2.4
9.2.5
9.2.6
Minimum Overtime--Except in instances when an employee is unable to depart
from an on-duty shift and station because the employee has not been properly
relieved, no form of overtime payment shall be made where time worked pr/or to
the beginning of a shift or following completion of a shift is less than 12-minutes
in duration.
Overtime Compensation Rates--
9.2.4.1 Compensation Rate--Employees shall be compensated for all overtime
hours worked at the rate of 1.5 times the employee's actual hourly rate of
pay.
9.2.4.2 Hold-over Overtime compensation for an employee held over past the
end of an on-duty shift shall conclude immediately upon the employee
being properly relieved or upon the commencement of the employee' s next
regularly scheduled on-duty shift, whichever occurs fn:st.
9.2.4.3 Non-emergency Call-in----Overfmae compensation shall commence at the
time the employee reports for duty and shall conclude at the time the
employee is released from duty or upon the commencement of the
employee's next regularly scheduled on-duty shift, whichever occurs first.
Overtime for the purpose of minimum staffing will be considered as non-
emergency.
9.2.4.4 Emergency Call-in--Employees who respond to an emergency call-in that
is not immediately preceding or following the employee's own regularly
scheduled on-duty shift shall receive a rain/mum of 4-hours compensation
for the response.
9.2.4.5 Court Time Minimura--Employees who are required, as part of their duty
to report to court for purposes directly related to-their job, shall be
compensated a minimum of 4 hours for.the response.
FLSA Overtime Com£ensation--Effective the payperiod including 3/1/02, the
City will modify the payment of FLSA overtime compensation. Compensation
will be received in ~the payperiod in which it is earned for .all hours in a paid
status.
Exclusion of Trade Time Department permission for an employee to trade on-
duty shift time with another employee shall not be construed as an approved
alteration of an emPlOyee's normal 'Work schedule or hours of work. Nor shall
such department permitted trades of on-duty shift time between employees be
construed as ordered and authorized work in excess of an employee's normal
work schedule and hoars of work for the purposes of establishing eligibility for
overtime compensation of any kind.
Pag~ lg
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
A .ti le 10. Honaay
10.1 Holiday Compensation--In lieu of paid time off, compensation for holidays shall be as
follows:
10.1.1 Full-day Holidays--Employees shall receive an additional 10.7% of the
employee's actual biweekly rate of pay for each payperiod in which the following
holidays occur:
January 1st ........................................ New Year's Day
Third Monday in January .................. Martin Luther King Birthday
Third Monday in February ................ Washington's Birthday Observed
Last Monday in May ......................... Memorial Day Observed
July 4~ .............................................. Independence Day
First Monday in September ............... Labor Day
Second Monday in October ...............Columbus Day Observed
November 11t~ .................................. Veterans' Day
Fourth Thursday in November .......... Thanksgiving Day
Fourth Friday in November ............... Day following Thanksgiving
December 25m .................................. Christmas Day
10.1.2 Half-day Holidays--Employees shall receive an additional 5.35% of the
employee's actual biweekly rate of pay for each payperiod in which the following
holidays occur:
December 24th .................................... Christmas Eve Day
December 31st .................................... New Year's Eve Day
10.1.3 Discretionary Holiday--Employees shall receive an additional 10.7% of the
employee's actual biweekly rate of pay for the payperiod selected by the employee
for receipt of the employee's discretionary holiday compensation. In the event
that an employee does not select a payperiod by the payperiod prior to the last
payperiod of each calendar year to receive the cliscretionary holiday compensation,
the employee shall forfeit this benefit that calendar year, Employees hired on or
after the payperiod prior to the last payperiod of each calendar year shall not be
eligible for the discretionary, holiday compensation for the remainder of that
calendar year.
10.1.4 Holiday Compensation.for Employees on Industrial Injury or Illness Leave--An
employee receiving compensation pursuant to the provisions of Section 4850 of
the Labor Code shall receive the same holiday compensation as the employee
would have received had the employee worked a normal on-duty shift time.
City of Sou~ S~ Fr~cisco ~d thc ~, Loc~ 1507
~uly 1, 2001 ~ough ~e 30, 2006
Page 19
10.1.5
10.1.6
Holiday Compensation for Employees on Non-industrial Sick Leave or Family
Care LeaveBAn employee who is scheduled to work on the day immed/ately
preceding an actual holiday, on the actual day of a holiday, and/or on the day
immediately following an actual holiday and who does not report for duty as
scheduled due to personal injury or illness or due to a family care leave absence
shall submit verification or certification as is satisfactory to the Fire Chief or
designee prior to receiving compensation for the holiday.
Employees Not Eligible for Holiday CompensationBA new employee who is not
on full-time regular pa/d status for the entire payperiod in which a holiday occurs
shall not be eligible for holiday compensation during that payperiod. An
employee receiving long-term disability benefits shall not be eli~ble for hol/day
compensation.
Article 1 ~. Pa d L ves
Vacation~Employees shall earn and be granted vacation leave.
11.1.1 Vacation Accrual Rates~Employees shall accrue vacation hours in accord~ce
with the following schedule:
Accrual Rate Biweekly Annual
1st to 4ta years .......................... 5.54 hours ...... 144 hours.
5ta to I0ta years ........................ 8.31 hours ...... 216 hours.
11ta to 14ta years ...................... 11.08 hours ......288 hours.
15ta to 24ta years ...................... 13.85 hours ......360 hours.
25ta and succeeding years ........ 16.62 hours ......432 hours.
11.1.2 Vacation Selection--
11.1.2.1 Shift Vacation--Each employee shall select vacation in not less than 24-
hour periods or multiple consecutive 24-hour periods by order of
seniority within the department. Such selections are to be made witl'dn
each shift schedule. After all employees have had the opportunity to
select vacation time, those employees who have scheduled at least 144
hours of vacation during the calendar .year will be allowed an additional
two picks of 12-hour vacation periods each.
11.1.2.2 Vacation Staffing--No more than 2 employees per shift may be on
vacation on any working day. However, 4 employees may be off on
vacation per shift if the fire suppression staffing is above 20, or if it does
not cause overtime, provided the employee requesting vacation calls
before 7:45 a.m. to verify the staffing level.
11.1.2.3 Unscheduled Vacation SelectionwWithin the constraints of above,
unscheduled vacation may be requested on a first-come basis up to one
shift before the vacation would start. Ties are broken by seniority.
11.1
[ l[ Ii
Page 20
Memorandum of Understanding between the
City of South San Francisco and thc IAFF, Local 1507
July 1, 2001 through June 30, 2006
11.2
11.1.3 Vacation Buy-back--Employees who have scheduled and taken a minimum of
144 hours of vacation during each calendar year shall be permitted to receive the
cash value of up to 72 hours of unused but accrued vacation. The cash value shall
be determined by multiplying the hours to be paid by the employee's actual hourly
rate of pay.
11.1.4 Vacation Accumulation--Employees may not accumulate more than 2 times their
annual accrual mount of vacation hours. Vacation hours exceeding the
maximum allowed shall automatically be credited for payment and paid once a
year in the f~rst payperiod of January,
11.1.5 Vacation Compensation Payout Upon Separation--An employee who retires or
separates from City employment and who has accrued unused vacation time on
record shall be compensated at the employee's actual hourly rate of pay for all
accumulated hours.
Sick Leave/?Von-industrial Injury Illness Leave
11.2.1 Definition--An employee who is temporarily and/or partially disabled from
performing the full scope of the usual and customary duties of the classification as
the result of an injury or illness that is not industrially caused shall be eligible to
receive sick leave without loss of salary or benefits within the limits set forth
below.
11.2.2 Amount of Sick Leave--Employees will accrue 12 hours of sick leave per month
of employment, which may be accumulated without limit.
11.2.2.1 Sick Leave Amounts Used for Employees Hired 1/7/97 or Earlier--
Employees hired prior to 1/7/97 or earlier will be charged at the rate of
11.2 hours of leave per 24-hour shift until all hours accrued at the 11.2
rate have been depleted. After each employee uses the hours accrued at
the rate of 11.2 hours per month, that employee will then be charged
hour-for-hour (e.g. 24 hours for each 24-hour shift) for all use of sick
leave.
11.2.2.2 Sick Leave Amounts Used for Employees Hired 1/8/97 or Later--
Employees hired on or after 1/8/97 will be charged hour-for-hour when
using sick leave (e.g. 24 hours of leave charged for each 24-hour shift).
11.2.3 Sick Leave Request--EmPloyees shall complete and submit a request for paid sick
leave for each occurrence of sick leave in accordance with the policies and
procedures established by the Fire Chief.
11.2.4 Approval of Sick Leave Request--The Fire Chief or designee shall review all sick
leave requests and, ff approved, the request shall be granted. The Fire Chief or
designee shall not unreasonably withhold approval of an employee's sick leave
request.
Verification of Injury or Illness--
11.2.5.1 Usual Verification--An employee requesting paid sick leave shall
provide reasonable verification of the illness or injury, usually in the
form of the employee's personal affidavit of injury or illness.
11.2.5
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through Sun~ 30, 2006
Page 21
11.2.5.2 Doctor or Nurse Practitioner's Verification--The Fire Ch/el or designee
may require a'verification prepared and signed by a medical doctor or
nurse practitioner, describing the nature and extent of the illness or
injury and confn-ming that the employee has fully recovered and is able
to perform the full scope of the normal and customary duties of the
classification. This verification shall be required when an employee is
absent due to illness or injury for a period of 3-consecutive shifts. In
addition, the Fire Chief may require a medical verification any time there
is a reasonable basis to believe that an individual employee has abused
the leave. Such medical verification requests shall not be unreasonably
imposed.
11.2.6 Prohibition from Engaging in Outside Occupation--An employee who is absent
from duty as the result of a non-industrial injury or illness and on paid sick leave
shall not perform duties in any occupation outside of the City service. This
requirement is intended to ensure that an absent employee is doing all that is
necessary to facilitate complete and swift recovery from the injury or illness
causing temporary and/or partial disability and absence from work.
11.2.7 ! Sick Leave Management Plan--The purpose of the sick leave management plan is
to provide a formal structure to correct excessive sick leave usage. Generally the
sick leave management plan will become operative when an employee fails to
respond to the supervisor's review and counseling. If circumstances are present
that warrant immediate action, the supervisor, with the approval of the Fire Chief
or designee, may place an employee on a sick leave management plan in
conjunction with the review and counseling of the employee concerning leave
usage.
11.2.7.1 Sick Leave
11.2.7.1.1
Threshold--
Employees Scheduled 56-hour Workweeks--Employees
working 24-hour shifts, who exceed 144 hours or 4
occurrences of sick leave per calendar year, regardless of
whether the employee's leave is Charged at 11.2 or 24 hours
per 24-hour shift, will be subject to a review of sick leave
usage.
11.2.7.1.2 Employees Scheduled 40-hour Workweeks--Ernployees
working 40-hour workweeks, who exceed 56 hours or 7
occurrences of sick leave .per calendar year will be subject to
a review of sick leave usage.
11.2.7.2Leave Monitoring--The Fire Chief or designee will monitor Sick leave monthly.'
Any pattern detected, which meets the threshold defined above, will be subject
to review.
11.2.7.3 Extenuating Circumstances--Under extenuating circumstances, such as serious
injury causing hospitalization, pregnancy/childbirth, or other serious illness or
injury, reauirin_~ an amnlavee, tn h~, ~h.qaut fram wark fare. ~n e~t~,url~.rt n~.riatq nf
Page 22
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
11.3
time, the sick leave review and management program may be suspended by the
Fire Chief or designee. The Fire Chief or designee shall determine those
circumstances under which further review is suspended.
11.2.7.4Review and Counseling--An employee whose use of sick leave falls within the
criteria outlined above shall meet with the immediate supervisor to discuss the
reasons and/or causes of the leave usage. If it is determined that there are not
· mitigating circumstances affecting the use of sick leave, the supervisor will
counsel the employee on the proper use of such leave. Corrective action, if
warranted, will be discussed with the employee.
11.2.7.5 Sick Leave Management Plan Requirements--When a sick leave management
plan is imposed, it will include a series of requirements that an employee must
adhere to during the 12-month period the plan is in effect. Adherence to the
requirements should serve to discourage excessive sick leave use.
11.2.7.6 Plan Stipulations--The sick leave management plan stipulates that an employee
submit to the following when sick leave is used.
11.2.7.6.1 Personal Notification--Personally notify the on-duty shift battalion
chief of the illness/absence by telephone.
11.2.7.6.2 Examinarion--Have an examiuation by a medical doctor or nurse
· practitioner on the day of the reported illness.
11.2.7.6.3 Affidavit--Obtain a note from a medical doctor or nurse practitioner
that states the diagnosis and prognosis in medical terminology
indicating the extent the employee is precluded from performing the
job. Other than those .stated above, a medical rem-to-work release
signed by a health care practitioner will not suffice in meeting this
requirement.
11.2.7.6.4 Other Conditions--Identfff-y any other condition that the supervisor
deems appropriate for the specific circumstances to further
discourage unwarranted use of sick leave.
l!.2.7.TDisciplinary Process--Failure to adhere to the sick leave management plan
prescribed by an employee's supervisor will result in disciplinary action.
ll.2.7.SMaximum Paid Sick Leave Usage--An employee who has insufficient sick
leave hours on record to cover absences from the job shall use accrued vacation
prior to receiving authorization for a medical leave of absence without pay.
Bereavement Leave--An employee may be granted leave of absence without loss of
salary or benefits upon the death or for the funeral of a family member as defined below.
11.3.1 Definition of Family Member for Bereavement Leave--This leave may be granted
for any of the following persons: spouse, child, father, mother, step-father, step-
mother, brother, sister, step-brother, step-sister, grandfather, grandmother, father-,
in-law, mother-in-law, brother-in-law, sister-in-law, daughter-in-law, and son-in-
law.
Memorandum of Understanding between the
City of South Sar. Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page 23
11.4
11.5
11.3.1.1 Non-family Member Leave--Additionally, other such persons may be
included ha this provision if, in the opinion of the Fire Chief or designee,
there exists an extraordinarily close familial relationship between the
employee and the person in question. Leave for these other such persons
other than family members as described above shall be charged to
vacation leave.
11.3.2 Leave Within California--Employees may be granted up to a maximum of 48 on-
duty hours per occurrence for the death or to attend the funeral of a family
member within of California.
11.3.3 Leave Outside Califoraia--Employees may'be granted up to a maximum of 72
on-duty hours per occurrence for the death or to attend the funeral of a family
member outside of California.
Medical Appointment Leave--Employees shall receive leave with pay for appointments
with medical doctors and dentists in instances where the employee can demonstrate that
the appointment could not have been reasonably scheduled to occur on an off-duty day.
An employee requesting such paid leave shall receive approval of the Fire Chief or
designee prior to taking the leave. Such leave shall be authorized only for the actual time
necessary for the appointment and a reasonable travel time to and from the appointment.
Employees shall be required to submit a personal statement describing the nature and
need of such visits. The City reserves the right to confa-m or verify any appointment for
which such leave is authorized.
11.4.1 Medical Appointment Leave Charged to SiCk Leave for 56-hour Employees--The
first 11.2 hours per year of medical appointment leave will not be charged to sick
leave, all other absences related to medical appointments shall be charged to sick
leave.
11.4.2 Medical Appointment Leave Charged to SiCk Leave for 40-hour Employees--The
fu:st 8 hours per year of medical appointment leave will not be charged to sick
leave, all other absences related to medical appointments shall be charged to sick
leave.
Paid Family Care Leave--
11.5.1 Definition of Family Member for Paid Family Care Leave--For the purposes of
Paid Family Care Leave, a family member shall include the employee's spouse,
child, mother, father, sister, brother, grandmother, gran~ather, mother-in-law,
father-in-law, sister-in-law, brother-in-law, daughter-in-law, and son-in-law. In
addition, the Fire Chief or designee may grant leave to an employee for some
other person (other then family member, as listed), if in the opinion of the Fire
Chief or designee, there exists or existed an extraordinary close familial
relationship between the employee and such other person.
I l~
Page 24
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
11.5.2 Eligibility for Paid Family Care Leave
11.5.2.1 56-Hour EmployeesmEffective the payper/od including 1/1/02, for 56-
hour employees, Paid Family Care Leave shall be 24 hours per year for
the purpose of obtaining medical consultation or treatment or for caring
for an injured or ill family member as defined above.
11.5.2.2 40-Hour EmployeesmEffective the payperiod including 1/1/02, for 40-
hour employees, Paid Family Care Leave shall be 12 hours per year for
the purpose of obtaining medical consultation or treatment or for caring
for an injured or ill family member as defined above.
11.5.2.3 Elimination of LeavemEffecfive the payperiod including 1/1/03, the
remaining hours of the Paid Family Care Leave for both 56-hour and 40-
hour employees will be eliminated.
11.5.3 Sick Leave as Family Care LeavemEmployees accrue sick leave each year as
defined in the sick leave article of this agreement. In recognition of Labor Code
233, effective 1/1/00, employees are permitted to use up to half of their annual
sick leave accrual, in any calendar year, for the purpose of obtaining medical
consultation, treatment, or for caring of a sick family member as defined below.
11.5.3.1 Definition of Family Member for Sick Leave as Family Leave
PurpoJes--A family member, as defined in Labor Code 233, shall
include the employee's spouse, child, mother, and father.
11.5.3.2 Leave Amount--The combined total of hours taken for family care
purposes pursuant to Labor Code section 233, including any leave used
from the Paid Family Care Leave provision as defined above, if eligible,
shall not exceed one-half of the employee's annual accrual of sick leave.
11.5.4 Concurrent Use of Leave--This leave may run concurrently with any family care
leave permitted under federal or state law.
11.5.5 Leave Accounting~The accounting for paid family care leave and sick leave as
family care shall be on a payroll calendar year basis, effective the payperiod
including January 1st of each year.
Notification ProceduresmAn employee using such leave is required to indicate
the reason, such as "sick" or "injured" along with the name of the family member,
for the absence on the appropriate City form.
11.5.6.1 Leave iVotificationmLeave usage forms and notification procedures will
continue to be used, and employees may be required to submit a health
care practitioner's verification of injury or illness of the family member
for any period of time that the employee requests family care leave. Suc
medical verification requests shall not be unreasonably imposed.
11.5.6.2 Leave Verificationmln addition, employees shall be required to submit a
doctor or nurse practitioner's medical certification, verifying the actual
injury or illness of the employee's family member if an employee
requests family care leave subsequent to having been absent from a
normally scheduled on-duty shift for a period of 48 consecutive hours.
11.5.6
Memorandum of Understanding between the
City of South Stol Francisco and the IAFF, Local 1507
3uly 1, 2001 through 3uric 30, 2006
Page 25
11.6
11.7
Such medical verification shall not be unreasonably imposed.
Industrial Injury or Illness Leave--An employee who is temporarily and/or partially
disabled from performing the full scope of the usual and customary duties of the
classif_caton as a result of an injury or illness, which has been determined to be
industrially caused shall be granted Industrial Injury or Illness Leave without loss of
salary or benefits.
11.6.1 Administration of Leave--The requirements and thc amount of Industrial Injury or
Hlness Leave granted an employee are prescribed in Labor Code Section 4850 and
its related sections in effect at the time of the industrial illness or injury.
11.6.2 Light-duty Program--The department has a light-duty program described in
another section of this agreement.
11.6.3 Prohibition from Engaging in Outside Occupation--An employee who is absent
from duty as a resUlt of an industrial injury or illness and receiving Industrial
Injury or Illness Leave shall not perform duties in any occupation outside of the
City service. This requirement is intended to ensure that the employee is doing ali
that is necessary to facilitate complete and swift recovery from the injury or illness
that caused the absence from duty and temporary and/or partial disability.
Pregnancy Disability and Childcare Leave--Employees may be granted leave up to the
maximum period of time permitted by law for disabilities caused or contributed to by
pregnancy, childbirth, or related medical conditions or for reason of the birth of a child or
the placement of a child with an employee in connection with adoption. These leaves
may run concun'cntly with Pregnancy Disability, Family Medical Leave Act, or California
Family Rights Act leaves.
Article 12. L~,e Conversion
12.1 Leave Conversion Factors--Employees who change workweek schedules shall be
entitle~ to the following conversions. An employee working 56-hour schedule changing
to a 40~hour schedule will have accrued hours converted to a 40-hour equivalent
workweek. Employees working a 40-hour schedule changing to a 56-hour schedule will
have ~_ccrued hours converted to a 56-hour equivalent workweek. The following
conversion factors apply for each leave type:
12.1.1 56-hour Schedule--A 56-hour schedule changed to a 40-hour workweek schedule
will have leaves converted in the fo]lowing manner.
12.1.1.1 Sick Leave Conversion--Accrued sick leave hours will be converted by
multiplying by a factor of .7142857.
12.1.1.2 Vacation Leave Conversion--Accrued vacation hours will be converted
by multplying by a factor of .555.
Page 26
Memorandum of Understanding between the
City of South San Francisco and the IA_.~, Local 1507
July 1, 2001 through June 30, 2006
12.1.1.3 Vacation Buy-backmEmployees who have scheduled and taken a
minimum of 144 hours of vacation shall be permitted to receive the cash
value of up to 72 hours of unused but accrued vacation. The cash value
will be determined by multiplying the hours to be paid by the employee's
actual hourly rate of pay.
12.1.2 40-hour ScheduIemA 40-hour schedule changed to a 56-hour workweek schedule
will have leaves converted in the following manner.
12.1.2.1 Sick Leave ConversionmAccmed sick leave hours will be converted by
multiplying by a factor of 1.4.
12.1.2.2 Vacation Leave Conversion~Accrued vacation hours will be converted
by multiplying by a factor of 1.8.
12.1.2.3 Vacation Buy-back--Employees who have scheduled and taken a
rain/mum of 80 hours of vacation during each calendar year shall be
permitted to receive the cash value of up to 51.4 hours of unused but
accrued vacation. For Vacation Buy-back purposes only, when assig-ned
a 40-hour workweek schedule, each hour has a 1.2857-hour equ/valency.
The cash value of the buy-back hours will be determined by multiplying
· the hours to be paid by the employee's actual hourly rate of pay.
13. Long.term P og am
13.1 Benefits~The City will provide employees with
13.2
13.3
13.4
long-term disabihty insurance. In
consideration of changing plans, the employee will pay the $12.00 monthly premium and
the City will reimburse the employee for that mount.
Application for BenefitstAn employee who is disabled from performing the full scope of
the usual and customary duties of the classification as the result of an injury or illness and
has utilized all accrued paid leave and sick leave for wh/ch the employee is ehgible up to
the 300` calendar day of disability, may file an application for long-term disability
insurance benefits in accordance with the requ/rements of the long-term disability
insurance plan.
Elimination Period--The elimination period for the long-term disability plan is 30 days.
Employees will not be required to utilize sick leave in excess of this elimination ·period in
order to qualify for disability payment.
City Determination~If an employee has a long-term disability, the City shall determine
from medical documentation whether the employee is permanent and stationary or
whether the employee is temporarily disabled:
13.4.1 Permanent and Stationary Status--An employee is considered permanent and
stationary is he/she is incapacitated from performing the full scope of the usual
and customary duties of the classification.
Memorandum of Understanding bctwcan the
City of South San Francisco and thc IAFF, Local 1507
July 1, 2001 through June 30, 2006
Pa~¢ 27
13.7
13.4.2 Temporary Disability Stares--An employee is considered temporarily disabled if
the medical prognosis for the employee's eventual ability to completely recover to
a point of being able to assume the full scope of the usual and customary duties of
the classification is such that there exists a probability of complete recovery
within a period of 365 days, or a reasonable extension thereof.
13.5 Permanent and Stationary Determination--If the City determines from medical
documentation that the employee with or without accommodation is permanent and
stationary, the City may retire the employee or otherwise separate the employee from the
classification and/or from City service.
13.6 Temporary Disability Determination--If the City determines that the employee is
temporarily disabled from performing the full scope of the usual and customary duties of
the classification and that there exists a probability of complete recovery within a period
of 365 days, or a reasonable extension thereof, then the City may grant the employee a
leave of absence without pay for a period appropriate to the time necessary to determine
the employee's ability to completely recover, or the City may not grant such leave and
separate the employee from the classification and/or from City service in accordance with
applicable law.
Permanent and Stationary Determination During Leave of Absence--if the City grants an
employee a leave of absence without pay for the purpose of providing the employee with
the ability to completely recover, and the employee's disabihty becomes permanent and
stationary during the period of such leave, and the employee is precluded from
performing the duties of the classification with or without accommodation from, then the
City may retire the employee on a disability retirement or otherwise separate the
employee from the classification and/or City service at the t~me the employee's condition
becomes permanent and stationary in accordance with applicable law.
13.8 Accrued Vacation Payment--Upon becOming eligible for long-term disability benefits
and being granted a leave of absence without pay for a period appropriate to the time
necessary to determine an employee's abihty to completely recover, the City will pay, at
the req zest of the employee, any accrued vacation t/me for which the employee qualifies.
13.9 Insurance Premium Payment--The City will continue to pay the insurance premiums on
behalf of a disabled employee and dependents if the employee'has elected these benefits,
pursuant to the provisions for such payments otherwise provided in this agreement, until
the date of the employee's separation from City service.
Ar. cie Lig t-a ty
14.1 Light-duty Program--The purpose of.the ligtht-duty program is to prevent deterioration of.
skills, facilitate recovery, and eliminate a potential for income loss, It minimizes the 10ss
of productive time while at the same time reintroducing the employee to work. Light-
duty assignments will be structured so employees are not placed in a duty status that
would a~zravate an injury or illness.
Pag~ 28
Memorandum of Understanding between thc
City of South San Francisco and thc IAFF, Local 1507
July 1, 2001 throu~a June 30, 2006
14.2
14.3.
Coverage--Employees who suffer a temporary or partial disabihty due to an industrial or
non-industrial injury or illness will be covered by this light-duty program.
14.2.1 Determination and Required Reports--
14.2.1.1 Assignments Light-duty assignments may be made following
evaluation and determination by the Fire Chief or designee. The
determination will be based on available medical information, and in
consultation with the employee or the employee's immediate supervisor.
Determ/nations will also be based on the needs of the City and the
impact of light-duty on departmental operations.
14.2.1.2 Evaluation and Determination--The evaluation and determination of
light-duty assignments may be initiated by the Fire Chief or designee, at
the request of the employee's immediate supervisor, or at the request of
the employee.
14.2.1.3 Medical Reports--Once the initial medical report is received by the
department, updated medical reports shall be submitted to the Fire Chief
or designee at two-week or other agreed-upon intervals, for as long as
the employee is off work. Reports will be required for all industrial or
non-industrial injuries or illnesses regardless of whether a light-duty
assi~munent has been made.
14.2.1.4 Review of Axsignment--Reports will be evaluated by 'the Fire Chief or
designee for purposes of commencing, continuing, or terminating a light-
duty assignment.
Light-duty Assignments, Definitions, and Restrictions--
14.3.1 Assignrnents--lAght-duty assignments may consist of reduced work hours,
limited work, or any combination thereof.
14.3.2 Impact to Ernployee--lAghtzduty assignments will not adversely affect the
employee's normal actual biweekly gross wages or retirement benefits.
14.3.3 Fire Department Assignments--Light-duty assignments will be within the
employee's assigned department and will involve work that is within the
employee's work limitations.
14.3.4 NOrmal Business HourAssignments--The employee may be assigned light-duty
work during normal office hours of 8:00 a.m. to 5:00 p.m., Monday through
Friday.
14.3.5 Case-by-Case Review Specific light-duty assignments will be developed based
on a case-by-case review of the medical restrictions, so as not to aggravate an
injury or inness.
Field Emergency Reponses--Employees will not be placed in [ight-dut. y
assi=munents that, in the normal course of events, will require a direct field.
emergency response.
Reevaluations--The employee shall be allowed to leave the light-duty
assignment due to any discomfort from or aggravation to the injury or illness,
which necessitated the employee going on light-duty status. Absences of 2 or
14.3.6
14.3.7
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through Sune 30, 2006
Page 29
more occurrences during a light-duty assignment shall require an appointment
and evaluation with the treating physician.
14.3.8 Uniforms--Employees shall not be required to wear a uniform while on light-
duty assig-nments.
14.3.9 HolidaysmEmployees in a 40-hour per week light-duty status shall receive the
same holiday compensation as if still working in a 56-hour workweek
assignment.
14.3.10 Vacation Scheduling--Employees assi~ed to li~t-duty work shall take their
vacation as normally scheduled. Vacations shall cover the same number of duty
and calendar days as would have been if the employee had remained on full
duty.
14.4 Return-to-Full-duty Status--Employees will be returned to full duty as soon as possible
following medical certification that the employee is able to resume the essential functions
of the classification with or without accommodation.
Article 15. Layoff and Demotion Poncy
15.1 Reduc,~on in Force--In the event of a reorganization or reduction in force, the employee
with the least service in the affected classification shall be demoted fn'st. The demoted
employee shall be reassi~ed to a lower-related classification or assignment held by an
employee with less department seniority. '
15.2 Displaced EmpIoyees--If the demoted employee will displace another employee with less
department seniority, and is not deemed capable by the City to work in that classification
or assig-nment, the demoted employee shall be laid off. The employee with the least City
service shall be laid-off first and so on until no further layoffs are needed. Th~,s layoff and
demotion practice shall continue through the ranks until the lowest classification is
reached andno further layoffs .are needed.
15.3 Seniority---When layoffs are to occur, seniority is determined by years of service with the
City, not Fire Department years of service.
Arti , 16. P r meaic P .e epto .
The Union may develop a non-profit organization, affiliated with IAFF, Local 1507, whose
purpose is to 2reProve the health and welfare of the residents, service organizations, or business
of South San IFrancisco. The foundation will collect funds from various sources and provide
financial suppprt to organizations within the City. .
Page 30
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Arac, e 17. Resiaence Pxeqnirements
Employees are required to reside inside the boundaries of the State of California.
Article 18. Emergencies
Nothing contained in this agreement shall limit the authority of the department and the City to
make necessary changes during emergencies. The department and/or the City shall notify the
Union of such changes as soon as possible.. Emergency assignments of employees shall not
exceed beyond the period of the crisis. An emergency is defined as an unforeseen circumstance
requiting immediate implementation of the change.
A ticle 19. Di ipnne Pro,ision
Employees covered by ti-ds agreement shall have the right to appeal the following ldnds of
discipline, which shall only be imposed for just and proper cause,' using the grievance procedure
contained in this agreement, up to and including binding arbitration for termination; demotion
from one classification to another classification; in grade pay reduction; suspension without pay;
and involuntary removal from a special assignment where the 'removal results in a loss in base
salary or loss of assignment pay. Employees do not have the right to appeal other forms of
discipline, such as verbal counseling and written reprimands.
Article 20.. G]dev ce Procedure
This grievance procedure shall be applied in resolving grievances filed by employees covered by
this agreement.
20.1 Definition ofa Grievance--A grievance is defined as an allegation by an employee or a
group of employees that the City has failed to provide a condition of employment,
established by this agreement, provided that the condition of employment is not a matter
within the discretion of the Fire Chief or thc City. This .grievance proced~e shall not
apply to matters over which the Personnel Bokrd has jurisdiction. '
20.2 Stale Grievance--A grievance Shall be void unless filed in writing within 45-calendar
days from the date upon which the City is alleged to have failed to provide a condition of
employment that has been established by this agreement, or within 45-calendar days from
the time an employee might reasonably have been expected to have learned of the alleged'
failure. In no event shall a grievance include a claim for money relief for more than the
45-calendar day period, plus such reasonable discovery period.
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page 31
20.3
20.4
20.5
20.6
20.7
20.8
20.9
Informal Discussion with Employee's SupervisormBefore proceeding to the formal
grievance procedure, an employee shall discuss the grievance with immediate supervisor
in private and attempt to work out a satisfactory solution. If the employee and immediate
supervisor cannot work out a satisfactory solution, the employee may then choose to
represent him/herself indiv/dually. Or the employee may request the assistance of an
employee representative of choice, who has been officially authorized by the Un/on,
pursuant to this agreement, to put in writing and formally present the grievance.
Formal Written Grievance to Employee's Battalion Chief--If the employee chooses to
form',.lly pursue the grievance, it shall be presented in writing to the Battalion Chief
within 15-calendar days after the date upon which the grieving employee informally'
discussed the grievance with the ~rnmediate supervisor. The written grievance shall
speciiy the Article, Section, and/or Subsection of this agreement alleged to have been
violated by the City and shall specify dates, times, places, persons, and other facts
necessary for a clear understanding of the matter being grieved. Within 15-calendar days
of receipt of the written grievance, the Battalion Chief shall respond to the grievance with
an answer in writing. If the grievance is not resolved at this level, the employee shall
have 15-calendar days from receipt .of the Battalion Chief's answer in which to file an
appeal to 'the Fire Chief.
Waiver of Battalion Chief Review--If the grievance is not resolved after the informal
discussion with the employee's immediate supervisor, the grievant and the Battalion
Chief may, by mutual agreement, waive review of the grievance by the Battalion Chief
and proceed to present the grievance to the Fire Chief or deSignee. ~
Grievance to Fire ChiefmThe Fire Chief or designee shall have 15-calendar days after
receipt of the grievance to review and answer it in writing. A meeting 'betWeen the Fire
Chief or designee and the grievant and designated representative is required at this level
unless waived by mutual agreement.
Arbitration of Grievancemln the event that the gri,evance is not resolved by the Fire
Chief or desi~ee, the grievant may, within 30-calendar days after receipt of the Fire
Chief's decision, request that the grievance be heard by an arbitrator.
Informal Review by the ':City Manager~Prior to the Selection of an arbitrator and
subm/ssion of 'the grievance for hearing by an arbitrator, the City Manager or desig-nee
shall informally review the grievance and~ determine whether the grievance may be
adjusted tothe satisfaction of the employee. The City Manager-or designee Shall have 15-
calendar days in which to review and seek adjustment of the grievance.
Selection of Arbitrator--The arbitrator shall be selected by mutual agreement betWeen
the C."ty Manager or desig-nee and the grievant or representative. If the City Manager or
desi~ee and the grievant or representative are unable to agree on 'the selection of an
arbitr~.tor, they shall jointly request the 'State Mediation and Conciliation Service to
submit a list of 7 qualified arbitrators. The City Manager or designee and the grievant' or
representative shall then alternately strike names from the list until only one name
remains, and that person shall serve as the arbitrator.
I I I mi I
Pag~ 32
Memorandum of Understanding between the
City of South San Francisco and the IA.FF, Local 1507
July 1, 2001 throu~h June 30, 2006
20.10
20.11
20.12
20.13
20.14
Arbitrator Review--The provisions for arbitration are not intended and shall not be
construed to empower the arbitrator to change any condition of employment, specifically
covered by this agreement or to revise, modify, or alter, in any respect, any provision
contained in the agreement.
Duty of the ArbitratormExcept when an agreed statement of facts is submitted by the
parties, it shall be the duty of the arbitrator to hear and consider evidence submitted by
the parties and to thereafter make written finclings of fact and disposition of the grievance,
which shall be final and binding upon the parties. The decision of the arbitrator shall be
based solely on the interpretation of the appropriate provisions of the agreement
applicable to the grievance.
Payment of Costs--Each party to a hearing before an arbitrator shall bear their own
expenses in connection therewith. All fees and expenses of the arbitrator shall be borne
half by the City and half by the grievant.
Effect of Failure of Timely ActionwFaJlure of the employee to file an appeal within the
required time period at any level shall constitute an abandonment of the grievance.
Failure of the City to respond within the time limit at any step shall result in an automatic
advancement of the grievance to the next step.
Non-Union Representation--Iu the event that an employee chooses to represent
h~m/herself, or arranges for a representative independent of the Union, the Fire Chief and
the City shall make no disposition of a grievance that is inconsistent with the terms and
conditions of this agreement. In the event an employee shall elect a hearing
independently under this Article, the Union shall have the right ~o be a full and equal
party to such proceedings for the purpose of protecting the interests of its members under
the terms of the agreement.
21. A
21.1
21.2
21.3
21.4
,greement, ~d Waiver
Full and Entire Agreement--Tl~s agreement sets .forth the full and entire agreement of
the parties regarding the matters set forth .herein, and any other prior or existing
Understanding and agreements over these matters between the parties, whether formal or
informal, are hereby superseded or terminated in their entirety. In the event that the
provisions of this agreement are found to be in conflict with a City rule, regulation, or
resolution, the .provision of this agreement shall prevail over such conflicting rule,
regulation, or resolution.
Written Modification RequiredmNo agreement, alteration, understanding, variation,
waiver, or modification of any of the terms or provisions contained herein shall in any
manner be binding upon the parties unless made and executed in writing by all parties and
approved by the City Council.
Waiver--The waiver of any breach, term, or condition of this agreement by either party
shall not constitute a precedent in the future enforcement of all its terms and provisions.
Term of Agreement--The term of this agreement is from 7/l/01 through 6/30/06.
Memorandum of Understanding between the
City of South S~n Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page 33
At,cie 22. Signatures
Except as amended herein and hereby, all terms and conditions of the agreement between the
City of South San Francisco and the International Association of Firefi~ters, Local 1507 as set
forth originally in the Memorandum of Understanding for the period of 7/1/01 through 6/30/06
shall remain :n full force and effect for the contract term set forth herein.
Si~ed this ll day of ~~~ ,2002 by:
For the City:
For IAFF:
JAB-~19/02
fihSle cnbiaefieerehfions~ia/iknvu~rev$ ia.ff new 01-06 mou. doe
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Page 34
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 throug~h June 30, 2006
Appendix A
Classifications
The current classifications in this unit are the following:
· Firefi~ter
Paramecli c/Firefighter
· Fire Apparatus En~neer
· Fire Captain
· Fire Inspector I (40-hour schedule)
· Fire Inspector 11 (40-hour schedule)
The current assignments in this unit are the following:
· Emergency Medical Technicia_n Instructor BMT-I)
· Emergency Medical Service Coordinator (EMS) (40-hour schedule)
· Fire Inspector II (40-hour schedule)
M~morandum of Understanding b~tw~=n the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
?ag~ ~$
Appendix B
Compensation Adjustments by Classification
Title
7/01
Firefighter 5.84%
Paramedic/Firefighter 5.84%
Fire Apparatus Engineer 5.84%
Fire Captain ~ 5.84%
Fire Inspector I (40-hour schedule) 5.84%
Fire Inspector II (40-hour schedule)
Assignments
Emergency Medical Technician Instructor
Emergency Medical Service Coordinator (40-
hour schedule)
Fire Inspector 11 NO-hour schedule)
Compensation Amounts
7/02 7/03 7/04 7/05
60m% MM 60m% 4.0%
60m% MM 60t~% 4.0%
60m% MM 60m% 4.0%
60th% MM 60th% 4.0%
60th% MM 60m% 4.0%
5.84%
5.84%
5.84%
B.I
B.2
B.$
B.4
B.5
In the[payperiod including 7/1/01, the salary adjustments for all positions in the unit will
be 5.84%.
For the payperiod including 7/1/02, a market survey will be conducted on or about 8/1/02
as indicated in the wage provision of this agreement, and compensation will be made to
the 60th percentile of the market.
For the payperiod including 7/1/03, a market survey will be conducted on or about 8/1/03
assessing only the market movement of the survey agencies as indicated in .the wage
provision of this agreement, and adjustment will be made to the average of the market
movement.
For th~ payperiod including 7/1/04, a market survey will be conducted on or about 8/1/04
as incEcated in the wage provision of this agreement, and compensation will be made to
the 60'~ percentile of the market.
For the payperiod including 7/1/05, the salary adjustments for all positions hu the uuit will
be 4.0%.
Page 36
Memorandum of Understanding between the
City of South San Francisco and the ~FF, Local 1507
July l, 2001 through June 30, 2006
Appendix C
Uniform Anowance Rates
Employees are ehgible for reimbursement or payment to a vendor approved by the City for
.approved un/form items. Reimbursement rates effective 7/1/00 for the un/form allowance will be
$600 per fiscal year.
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 thrcugh June 30, 2006
Page 37
Appendix D
Side Letter - 2/4 Work Schedule Plan
D.1 The City will implement the 11/28/01 draft of the Code Enforcement Captain
Requirements. On or about 3/1/03 the Union may request that the City meet with the
Union, using the process described in item 3 below, to review the implementation of Fire
Depana'nent policy 826 and particularly Sections 826.1 and 826.2 in effect as of 11/28/01.
D.2 The City and the Union will examine during a one-year trial period the 2/4 workday
schedule. The particulars of such a trial program will be agreed to by the parties jointly.
The Union acknowledges to the City that an overwhelming majority of the bargaining
unit desires to try such a work schedule. Using the process described in item 3 below, the
parties may review the program on or about 3/1/03.
D.$ The City and the Union will meet to review the agreement. At the request of either the
Union or the City, using the Interest Based Bargaining process and Mr. Paul Roose of the
State Mediation and Conciliation Service as a facilitator or any facilitator from the State
Media[ion and Conciliation Service mutually agreed upon, the parties may review items 1
and/orl2 described above on or about 3/1/03.
P~ge 3 8
Memorandum of Understanding between the
City of South San Francisco and thc IA.~, Local 1507
July 1, 2001 through June 30, 2006
Appendix E
Side Letter - 2/4 ~Vork Schedule ¥¥orkweeks
The pilot 2/4 Work Schedule has workweeks and tours of duty. There will be 3 different work
shifts in a 24-day cycle as follows:
A Shift XXOOOOXXOOOOXXOOOOXXOOOO
B Shift OOXXOOOOXXOOOOXXOOOOXXOO
C Shift O000XXOOOOXXOOOOXXOOOOXX
Memorandum of Understanding between thc
City of South San Francisco and thc IAFF, Local 1507
3uly 1, 2001 through 3unc 30, 2006
Page 39
Appendix. F
Code Enforcement Language
The City and -.he IAPF, Local 1507, agrees that the Fire Captains will perform code enforcement
duties, as identified.
Page 40
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Appendix G
Staff Report
Exhibit A
Firefighters Association Salary and Benefits
1. Agreement - Five-year agreement from 7/1/01 through 6/30/06.
2. PERS Retirement enhancement - Provide 3% at age 50 retirement benefit in the payperiod including 12/1/02.
3. PERS Modifications - Conduct an actuarial study at the be~nnlng of fiscal year 2003 for Pre-retirement Optional
Settlement 2 Death Benefit.
4. Compensation - Adjust salaries maintaining same level of spread between classifications. Effective 7/1 of each year
for COLAs and retroactive to 7/1 of each year for surveys with the surveys being conducted on or near 8/1 of the
survey year.
· Year 1 - Adjust to the average of the survey agencies (5.84%).
· Year 2 - Adjust to the 60m percentile of survey agencies.
· Year 3 - Adjust salaries by market movement of survey agencies.
· Year 4 - Adjust to the 60m percentile of survey agencies.
Year5-4% COLA
5. ' Paid Family Ca_re Leave - Reduce paid fatn~ly care leave for 56-hour employees to 24 hours beginning the payp~'iod
including 1/1/02, and eliminating all paid family ca_re l~ave with the payperiod be~nning 1/1/03. 40-hour employees
leaves are 12 hours be~nning 1/1/02 and all are eliminated by 1/1/03.
2/4 schedule- set up Wial program for 2/4 schedule to review 12 months after implementation with implementation
date approximately 3/1/02.
7. Add code enforcement duties side letmr to review after 12 months.
8. 40-hour assi~oxu-'nents - EMS Coordinator and Fire Inspectors working 40-hour workweek~ will have leaves based on
40 hour employees, similar to what is already in agreement for EMS Coordinator with one exception for flexible
work schedules language. Compensatory time will be available up to 70 hours with resu-ictions noted.
9. Elir~inate Life I. usurance and Accidental Death and Dismemberment Insurance in order to maintain dental insurance
at current levels.
10. Provide option for retirees to purchase dental benefits.
11. Grandfathe~ in current fire inspector employees for educational incentive, and modify educational incentive benefit
for fire inspector classification.
12. Language- add discipline provision.
13. Language - modify language in the following areas:
· Holiday Compensation.
· Extending probation.
· Vacation selection.
· Bereavement Lea~,e.
· Absence Verification.
· Add Fire Apparatus En~neer to classified service.
· Adjust Pregnancy Disability Leave and Childcare Leave to be consistent with law.
· Adjust MOU format, such as grouping like sections together.
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page 41
Appendix H
Annual Salary Schedules