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HomeMy WebLinkAboutReso 87-1975 RESOLUTION NO. 87-75 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM OF UNDERSTANDING, UNIT 5 - SOUTH SAN FRANCISCO POLICE ASSOCIATION, 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 5 - South San Francisco Police Association, for the period .July 1, 1975 to 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. 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' ~ C~e~k~~~' City EXHIBIT "A" TO RESOLUTION NO. 87-75 ~ M£MORANDUM OF UNDERSIANDING UNIT 5 - SOUTH SAN FRANCISCO POLICE ASSOCIATION July 1, 1975 - June 30, 1978 The City'of South San Francisco (hereinafter, City) and Unit 5 - South San Francisco Police Association (hereinafter, Unit 5) 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 5 have agreed to present this Memorandum to their membership for acceptance and approval. 1. Term. The term of this Memorandum of Understanding shall be from July 1, 1975 to June 30, 1978, at which time all agreements, .. understandings, provisions and conditions contained herein shall terminate. 2. Salary. (a) Beginning on June 27, 1975 there s'hall be an increase of seven and one-half percent (7-1/2%) in the base salary of each employee in Unit 5. (b) Beginning with the pay period that includes July 1, 1976 each employee in Unit 5 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 Bay Area Cost of Living Index for the preceding completed annual index peri od (April to April). -1- (c) Beg-inning with the pay period that'includes JUly l, 1977 and continuing until June 30, 1978 each employee in Unit 5 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 Bay Area Cost of Living Index for the preceding completed annual index period (Apri 1 to Apri 1 ). 3. Holidays. Beginning on January 1, 1976, there will no longer be a paid holiday'on FebruarY 12 (Lincoln's Birthday) and in lieu thereof, employees in Unit 5 shall be entitled to a paid holiday on the'Friday following Thanksgiving Day. Beginning on July 1, 1975, there will no longer be a paid holiday on September 9 (Admissions Day) and in lieu thereof, the employees in Unit 5 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. 4. Sick Leave- (a) Beginning with the pay. period that includes July l, 1977 all permanent and probationary employees in Unit 5, except those'who work less than full time, shall be entitled to receive base salary for a period of ninety (90) calendar days from the commencement of a given illness'for disability as compensation 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 by reason of the employee's employment by City. In consideration of receiving said .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 -2- health, dental life insurance. The City wil so provide long term disability insurance for said employee which insurance shall provide. subject.to terms and conditions contained therein for the payment of . two-thirds (2/3) of base salary after the expiration of the ninety (90) 'calendar days described above. (b) After the expiration of ninety (90) calendar days from the commencement of 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 such 'employee on all health, dental and life insurance until the date of separation. (c) · At ~ny time after the expiration of ninety (9'0) 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 City'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 employee will be separated from the City's service. Nothing herein shall be construed so as to limit the employee's right to receive long term disability benefits under the long term disabilit~ 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 -3- July l, 1977. To be entitled to receive that compensation, the employee must satisfy all of the following conditions' (1) The employee must notify his or her immediate supervisor prior to, or within two (2) hours after, the commencement of the daily work period for which compensated sick leave is sought; provided, that fire, police, communication or sanitation employees serving on shift assignments must notify superiors 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 ev.idence may be in the form of a personal affidavit; provided, that the City reserves the ri§ht 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 confirming that the employee has recovered fully and is able to perform regular work without.any restrictions; ,(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 employment. Sick leave is 99t~ a right or privilege to be used at the discretion of the employee. (g) Beginning with the pay period that included July 1, 1977, employees shall not be entitled to accumula'te unused sick leave. In accordance with City's Personnel Rules and Regulations in effect as of the date of this agreement, each employee will be entitled to payment at -4- his or her then e~'sting salary for fifty percent~0%).~ of the days of ,. accumulated sick leave, which accumulated days of sick leave shall not exceed one hundred twenty (120) days. Said right to payment is deemed a property right which shall not be taken from the employee without mutually, agreed upon consideration. If state or federal legislation is enacted int~o law mandating a percentage other than the fifty percent (50%) described herein, then such mandated percentage shall supersede the percentage described herein. (h) In the event a disabled or ill employee is entitled to receive full pay pursuant to state or federal law for more than ninety (90) days from the commencement of illness or disability, then City shall have no obligation to provide the base salary described in subparagraph (a) hereinabove. 5. Medical APpo.intments. Beginning with the pay .period that includes July l, 1977 an employee shall be 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 appointment. 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 appointments for which such leave is authorized. 6. Family Leave. i, (a) Beginning on July 1, 1977, each employee may take leave without loss of pay up to three (3) calendar.days per calendar year in the case of serious and actual sickness or disability suffered by any family member residing within the employee's home. (b) Beginning on July l, 1977, each employee may take leave without loss of pay up to five (5') calendar days per calendar year in the case of the death of any of the following relatives: spouse, -5- brothers, sister grandparents, child, mother-in dw, father-in-law, brother-in-law, sister-inZlaw,.daughter-in-law or son-in-law. In addition, the City Manager 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 opinion, there exists an extraordinarily close relationship between the employee and such person. 7. Insurance. (a) Beginning on June 27, 1975 City will pay premiums up to seventy-five dollars ($75.00) per month per employee for 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 pay premiums up to'twenty-five dollars ($25.00) per month per employee' for a dental insurance for employee and dependents from California Dental Service. (c) Beginning on the pay period that includes July 1, 1977, City shall pay premiunis up' to eighty dollars ($80.00) per month per employee for 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. (d) Beginning on the pay period that includes July l, 1977, City shall' pay premiums up to thirty dollars ($30.00) per month per employee for a dental insurance plan for' employee and dependents from California Dental Service. 8. Retirement. Beginning with the pay period that includes July 1, 1976 City will provide the employee with a retirement plan including "Sur. vivor's Continuance" (commonly referred to as PERS One-half Survivors Benefit)', entitling a member to his or her retirement allowance, not adjusted or reduced because of continuance of one-half said allowance (or other applicable amount for those members under the plan integrated with social security)'to his or her survivor. 9. Vacation. Beginning with the pay period that i.ncludes January l, 197~,~ employees in Unit 5 shall be entitled to/annual vacations without loss of pay in accordance with the following schedule: Length 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 12 working days 17 working days 22 working days 27 working days 10. Retired Personnel. Beginning On or before December 26, 1975 City shall provide a health insurance plan for employees who are retired on a disabilitY or service retirement, after July l, 1975 and only for such employees, and City will pay the larger of the following two amounts · (a) A percentage of the retiree's premium for said health plan equal to the percentage of "final compensation" used to compute the employee's service retirement allowance; or (b) A percentage of the reti'ree's premium for said health plan equal to ~he percentage of disability when an employee is retired. City will continue contributing to said heali~h plan in the amount described above until the employee reaches age 65 or becomes gainfully employed as hereinafter defined, whichever comes first. "Gainfully employed" as used herein is defined as employment or self employment which produces gross income for the individual in an amount in excess of twenty-five (25%) percent of the base salary then being paid for the position said employee last held with the City, or for a comparable position if the employee's last position has been abolished. Once coverage has been terminated because -7- of age or employment, employee forfeits any further right to coverage. Employee must elect coverage immediately prior to retirement. 11. Employees covered. The provisions of this memorandum apply to the employees represented by Unit 5 - South San Francisco Police Association. 12. 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. 13. Dispute.-Any dispute over an interpretation of this Memorandum shall be processed in accordance with the procedures set forth in the City's Employee Grievance Procedure. IN WITNESS WHEREOF the parties hereto have executed this Memorandum of Understanding in the City of South San Francisco on this ~2~ day of ~I,,~ , 1975. EMPLOYEES' REPRESENTATIVE -8-