HomeMy WebLinkAboutReso 85-1975 RESOLUTION NO. 85-?5
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION ACCEPTING AND APPROVING
MEMORANDUM OF UNDERSTANDING, UNIT I -
MANAGEMENT, JULY 1, 1975 - JUNE 30, 1978.
BE IT RESOLVED by the City Council of the City of South San
Francisco that the Memorandum of Understanding with Unit I -
Management, for the period July 1, 1975 - June 30, 1978, a copy
of which is attached hereto as Exhibit A and incorporated herein
by this reference as if set forth verbatim, is hereby accepted
and approved.
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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 special meeting held on the 30th
day of June , 1975, by the following vote:
AYES, COUNCILMEN Richard A. Battaglia, F. Frank Mammini, Terry J.
Mirri, Leo Padreddii and Warren Steinkamp
NOES, " None
ABSENT, " None
ATTEST: ~.~
rk
EXHIBIT "A"
TO RESO. NO. 85- 75
1.1EI.IORANDUt. i OF U,,DERSTAhDING
UNIT I -. 1.1AHAGEI'4ENT
July 1, 1975 - June 30, 1978
The City of South San Francisco (hereinafter, City) and Unit I - Management
(hereinafter, Unit I) acknowledge.and affirm that they have met and Conferred
in' good faith, exchanged proposals and counter-proposals and in all respects
'fulfilled their obligations under law to meet and confer, in good faith.
This Memorandum of Understanding is the product of the above described
meet and confer process. Representatives of the City have agreed to present
this memorandum to the City Council for determination and representatives of
Unit I have agreed to present it to their membership for acceptance and approval.
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1. Term. The term of this Memorandum of Understanding shall be from
July l, 1.975 to June 30, 1978, at which time all agreements, understandings,
provisions, and conditions contai'ned herein shall terminate.
'2. Salary.
(a) Beginning on June 27, 1975 there shall be an increase of five
percent (5%) in the base salary of each employee in Unit I, except C~Ly Managor,
City Manager Assistants, and the head of each department, shall not receive any
increase in base salary at such time.
(b) l~eginning with the pay period that includes July l, 1976, each
employee in Unit.I, without exception, sh'all receive either an increase of seven
and one-half percent (7-1/2%) in base salary or an increase in base salary in a
percentage equal to the annual percentage change in the cost of living as reflected
in the Bay Area Cost of Living Index for the preceding completed annual index period
(April to April), whichever is the greater.
(c) Beginning wi't.h the pay period that includes July 1, 1977 and continuing
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until June 30, 1978, each employee in Unit I, ~.lithout exception, shall receive an
adjustment in base salary in a percentage equal to the annual percentage change in
the cost of living as reflected in the Day Area Cost of Living Index for the preceding
complet'ed annual index period (April to April).
3. Overtime. The salary described hereinabove is deemed compensation for all
time worked and overtime pay shall not be authorized for any employee in Unit..I,
except for certain public safety employees who receive overtime pay in accordance
with departmental policy applicable to them.
4. Holidays.. Beginning on January 1, 1976,.there will no longer be a paid
holiday on February 12 (Lincoln's Birthday) and in lieu thereof, the employees in
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Unit I shall be entitled to a paid holiday on the Friday following Thanksgiving
Day.
Beginning.on July l, 1975, there will no longer be a paid holiday on
-.September 9 (Admission Day) and in lieu thereof, the employees in Unit I Shall be
entitled to one-half (1/2)paid holiday for one-half (1/2) of the working day on
December 24 and one-half (1/2) paid holiday for one-half (1/2) of the working day
on December 31 each year.
Beginning on July l, 1975, each employee in Unit I shall be entitled to
one paid holiday each calendar year, including 1975, until June 30, 1978,
which holiday moy be taken at the discretion of the employee, subject to prior
approval of the Department Head. Employees shall be entitled to be compensated
for taking said discretionary holiday, but shall not cumulate discretionary
holidays nor be compensated in the event the discretionary holiday is not taken.
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5. Sick l.eave.
(a) Beginning ~.~ith the pay period that includes July 1, 1977 all
permanent and probatiOnary employees in'Unit I, except those ~.~ho ~.lork'less than
full time, shall be entitled to rec,eive base salary for a period of ninety (90)'
calendar days from the commencement of a given illness or disability as compensatio~
for sick leave. Said compensation is in lieu of any amounts employee is entitled.
to receive from Worker's Compensation or other income supplement sources existing
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by reason of the employee's employment by City. In consideration of receiving said
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base salary for said period, employee assigns to City all rights to receive Worker's
Compensation.or other income supplements arising by reason of employee's employment
by city. In addition, during said ninety (90) calendar days City will provide
previously agreed upon health, dental and life insurance. The City will also provide
long· term disability insurance for said employee which insurance shall provide, subjeci
to terms and conditions contained therein, for tile payment of two-thirds (2/3) of
l~'ase salary after the expiration of the ninety (90) calendar days described
above.' .
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· (b) After the expiration of ninety (90) calendar days from the commencement
of sick leave for a given disability or illness, the City will pay the employee, at
the employee's option, any accrued vacation time. The City will also continue to pay
previously agreed upon premiums for suc'h employee on all health, dental and life
insurance unti~ the date of separation,
(c) At ·any time after the expiration of ninety (90) calendar days and before
the expiration-of three hundred sixty five (365) calendar days from the commencement
of.a given disability or illness, the City has the right to review, the case of the
individual employee and either separate the employee from the Cii~y's service or.
extend coverage beyond three hundred sixty five (365) calendar days.
(d) After the expiration of three hundred sixty five (365) calendar days or
extensions thereof, from the commencement of a given disability or illness, the
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employee will be separated from the City's service, l~o'Lhin9 l~erein shall be
construed so as to limit the employee's right to receive long term disability
benefits under the long term disability policy beyond the three hundred sixty five
(365) calendar day peri'od.
(e) The compensation for sick leave actually taken described in the
preceding subparagraphs is the only compensation for sick leave actually taken which
the City will pay beginning with the pay period that includes jUly 1, 1977. -To be
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enti'tled to. receive that comp'ensation, the employee must satisfy all of the following
conditions- . .
(1) The employee must notify his or her immediate supervisor prior
to, .or within t~.~o (2) hours after, the commencement of the daily work period
for ~.~hich compensated sick leave is sought; provided, that fire, police,
sanitation or communi'cation employees serving on shift assignments must notify
guperi'o'rs prior to the shift in accordance-with departmental policy;
(2) Each employee on sick leave must produce evidence satisfactory
to the City describing the nature of the illness and such evidence'may be.in
the form. of.a Personal affidavit; provided, that the City reserves the right
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to take such action it deems necessary to confirm or verify actual illness or
'disability; provided further, that in the event that the employee is ill or
disabled for more than one calendar week, less one hour, then-the employee shall
present to'the City, before returning to work, a certification by a medical
doctor describing the nature and extent of the illness or disability and confirm-
ing that the employee has recovered fully and is able to perform regular work
without any restrictions;
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(f) "Sick leave" as used herein is defined as the period of time during
which the. employee suffers actual personal illness or disability which necessitates
his absence from employm'ent. Si'ck leave is not a right or privilege to be used at
the discretion of the employee.
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(g) BeginS[ g with eh pay period that i,,c('~,s July l, 1977, e,,,ployees
shall not be entitled 'Lo accumulate unused sick·leave as provided in the Personnel
Rules and Regulations existing as of' June 30, 1975 and previous I.lemorandums of
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Understanding. From and after the execution date of this Memorandum of Understanding
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an employee separated from City service, who is at that time a member of the Unit.,.
~.~ill be entitled tO pa3anent at his or her then existing salary for fifty percent'(50%)
of the days of accumulated sick leave, which accumulated days of sick leave shall
not exceed one hundred fifty '(150) clays. .Said right to payment is deemed a -.p..~operty
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right which shall not. be taken from the employee without mutually agreed upon
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consideration. If State or Federal legisl~ation is ·enacted into law mandating a
percentage other than the fifty percent (50%) described herein, then such mandated ~
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percentage shall supersede the percentage described herein.
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6.. Medical Appointments.
Beginning ~ith the pay period that includes July '1, 1977, the'employee shall
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_b~ entitled to receive authorization for leave without loss of pay for appointments-
with medical, doctors and dentists. Such leave shall be authorized 'only for the actual
time necessary for the appointment and for traveling to and from the appo. intment..
Employees shall be required to submit a personal affidavit describing the nature and
need of such visits. -The City reserves the right to confirm, or verify any. appoiF~t-
ments fOr which such leave' is authorized. ·
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7.. Family Leave.
Ca) l~eginning on July l, 1977, .each employee may take up to four (4)
calendar days leave without loss of pay in the case of actual' serious illness or
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disability in his or her immediate family, as defined hereinafter.
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Cb) Beginning on July 1, 1977 each employee may take leave without loss of
pay for the purpose of attending the funeral of any member of his 0. r her immediate.
family, as defined hereinafter for a period of three (3) calendar days per]occurrence
within the State of California or five (5) calendars days per occurrence outside '
the State of Cal ifornia.
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(c) As us here'iil "immecliat. e family" is 'i))(.,.d to be .spot,se, parents,
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brothers, sisters, granclparents, child, motlLer-in-law, t:att~er-in-law, brother-in-lav~,
sister-in-law, daughter-in-law, or son-in-law. In addition, tile City Nanager may grant
the above described leave in the event of the illness or disability or funeral of
someone other than those persons designated, if, in the City Manager's opi)lion, there
exists an extraordinarily close relationship between the employee and such' person.
8. Insurance .-
(a) Beginning on June 27, 1975, City shall provide'ea'ch einployee a health
insurance plan for the employee and his or her dependents, with the option available'
to the ..emploYee to select the plan now known as the Kaiser "S" plan.
(b) Beginning on June 27, 1975, City shall provide each employee with a
dental insurance plan for employee and dependents from California Dental Service.
(c) Beginning on June 27', 1975, City shall provide each employee With term
life insurance, including accidental death and dismemberment coverage, in an amount
equal to the employee's base salary, rounded o'F-F to the nearest one thousand dollars
($~ ,000.00).
(d) Beginnin9 on June 27, ]975, City shall modify its contract of insurance
for'long term disability coverage to provide that benefits to b~ paid a disable~!
employee shall equal two-thirds (2/3) of the regular base monthly salary of the
employee, subject to terms and conditions contained'in the policy.
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(e) Beginning on June 27, 1975, City shall provide a health insurance plan
for employees ~lho are retired on a disability or service retirement, and only for such
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'employees, and City shall pay all premium costs until 'the employee becomes gainfully
employed, as defined' hereafter. "GainFullY employed" as used herein is defined as
.employm6nt or self-employment, which produces gross income for the individual in an
amount i'n excess of twenty-five percent (25%) of the base salarY then being paid in
the position said employee last tleld with the City, or for a comparable position if
said position has been abolished. To be entitled to receive such health insurance
after retirement, tile employee must elect in writing to have such coverage prior to
his or her retirement.
9. Education Incentive Pay.
City agrees to review '[:i~e Educa'Lional Incentive
Pay Program. Public Safety employees shall be entitled to continue participating
in existing Education Incentive Pay Programs.
lO. Deferred Comp_ensation.__ City agrees .to review a deferred compensation
program and to adopt such program as is mutually agreed upon bY the City and the
representatives.of Uni.t I.
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ll. Vacation. -.'-
· (a') Beginning on June 27, 1975, all employees except the C~Ly Mana§cr, ]
City Manager AsSistants and Department Heads shall be entitled to/annu~ "~/'ac~tions
f~ithout l~ss of pay, 'subject to prior approval of scheduling by immediate supervisor,
in ·accordance With the following schedule'
~ength of City Service
One to four years, inclusive
'Five'to fourteen years, inclusive
Fifteen to twenty four years, inclusive
Twenty five or more years
Annual Vacation
15 working days
20 ~.~orking days
25 working days
30 work~ng days
Unused vacation for such employees shall ~ccumulate up to a cumulative maximum of
thirty (30.) working days. Any such employee who wishes to take-vacation which has
acCumulated from a' prior year shall obtain prior approval from -~he immediate superior.
If any employee, does not take accumulated vacation he or she shall be entitled .to be
paid for accumulated vacation, up to tile maximum described above, upon separation
from the City's servi'ce at the regular base salary of the employee upon separation.
12. Duties. City agrees, to review duties, responsibilities and compensation
for all management positions prior to June 30, 1976.
13. Classified Positions.
(a) 'Beginning on June 27, 1975, City shall include in the Classified Service
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all employees in Unit I, exceed_t_ the following' City Manager, City Mana~3er Assistants,
Dep.artment Heads, Fire Marshal, Paramedic Captain, Assistant Director Of Public Works,
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Police Trainin(.1 Officer and Assistant to Director of Public Services.
(b) City shall make the follo¥~ing classification adjustments beginning
on June 27, 1975'
Fire Inspector 58A shall become Deputy Fire Marshal 60. .-
Fire 1.1arshal/Battalion Chief (unclassified) 70
Paramedic Captain (unclassified) 63
Communications Supervisor 6~
Police Records Supervisor 56
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Assistant Superintendent of Public Works 62
ic) The City shall make the following classification adjustments beginning
on December 26, 1975'
Administrative Assistant to Director of Public Service
"'shall 'become Assistant to Director of Public Service 67
(d) -City shall make the fOllowing classification adjustment beginning w~th
pay period that includes July l, 1976'
City Attorney 86
1~. Administrative Leave. Administrative leave without loss of pay may be §rante~
at the discretion of the Department Head with the prior approval of the City Manager.
15..Additional Benefits. In the event that any other unit engaged in meeting and
conferring with the City shall"be granted either of the following benef~, then all
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employees'of Unit I shall be entitled to the same benefits 'at the same time such other
unit receives the benefits'
(a) Optical Plan;
(b) Longevity Plan (if extended to any unit other than Public Safety
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employees who already have a form of longevity plan. .
16. C[Ly Man__~ger,'City Manager Assistants, Department lleads.
(a) The C~Ly M~nagcr, City Manager Assistan.~sand Department }leads shall
undergo, at the City expense and wilhout loss of p TM an annual comprehensive
multiphasic physical examination by a medical doctor. Tl~e employee consents that
a report o'F such physical examination may be submitted to the City Manager.
(b) City Manager Assis'~ants and Department Ileads shall be entitled to
annual vacations without loss of pay, subject to prior approval of scheduling by
City Manager, in accordance with the following schedule'
Length of City Service
One to fourteen years, inclusive
Fi.fteen to twenty four years,' inclusive
Twenty five or. more years
Annual Vacation
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20 workingi.~lays
25 workin§ days-
30 working days
UnuSed vacation for such employees shall accumulate up 'to a cumulative maximum of
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forty (40) working days. Any such employee who wishes to take vacation which has
accumulated from a prior year shall obtain prior approval from City Manager before
taking Such vacation. If'any employee does not take accumulated vacation, he or she
shall be'entitled to be paid' for aCcumulated vacation, up to the maximum described
a'bove, upon separation frown the City's service at the regular base salary of the
employee existing upon separation.
(u) TI,: ~iLy M~;,~u, ~!,~11 bu u,,LiLluJ Lu al,~,ual vacaLiu~s w;LI,uuL lu~.- ~F.'
'pay of thi'rty (30') ~,~orking days Per year. Unused vacation of such m,~l~loyee shall
accumulate up to a cumulatiVe maximum of forty {,~0) ~.~'orking days. Upon separation,
the City Manager shall be entitled Lo be paid for accumulated unused vacation, up
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to tile maximum _I~cr~bed above, at the regular base salary existing at the time of
s:parcttion. ·
(d)' B.uyl~]l~y u~ J~ly l, 1975, LI,u C~L~ Fta,~a~ shall receiv~
pay in an amount equal to three (~) m~ntl,s base salary in the event of involuntary
tc~,,,,,~ation '(excludin~ J~Lh or-m,y-fo~ of ~eLiremenL).
(e) Beginning on July l, 1975, City Manager Assistants and Department Heads
shall receive severance pay in an amount equal to .one (1) month base salary in the
event of involunt, ary termination (excluding death or any form of retirement).
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17. Social Secur_i:~y_. If a majority or employees now covered by
Social Security elect 'to withdraw from the Social Securi'Ly system at a-properly
held election, the results o'F which are recognized by the Social' Security
Administration, City agrees to provide the PERS "59 Survivor's Benefits"..
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18. Employees Covered. he provisions oF this memorandum apply only to
the emploYees represented by Unit I - Management.
19..Modification. This.memorandum does not modify~any provision of the
Personnel Rules of'the.City except as expressly provided herein. .Except as
expressly provided herein, all wages and benefits remain the same as they are
currently being provided or administered.
20. Dispute. Any dispute over an interpretation of this memorandum shall
· 'be processed in accordance With the procedures set f~rth in the City's Employee
Grievance Procedure.
INWITNESS WHEREOF, the parties hereto have executed this Memorandum of
~. Understanding in the City of South San Francisco on this ~~ day of
,, ~,~ ~- , 1975.
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CITY REPRESENTATIVE
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EMPLOYEE'S REPRESENTATIVE
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