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HomeMy WebLinkAboutReso 88-1975 RESOLUTION NO. 88-75 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM OF UNDERSTANDING, UNIT 7 - NON-SWORN POLICE DEPARTMENT EMPLOYEES - JULY 1, 1975 - JUNE 30, 1977. BE IT RESOLVED by the City Council of the City of South San Francisco that the Memorandum of Understanding with Unit 7 - Non-Sworn Police Department Employees, for the period July 1, 1975 to June 30, 1977, 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 EXHIBTT "A" TO RESOLUTION NO. 88-75 MEI.IORANDUM OF UNDERSTAHDING UNIT 7 - NON-S:.:ORN POLICE DEPARTMENT EI,1PLOYEES July l, 1975 - June 30, 1977 The City of South San Francisco (hereinafter, City) and Unit 7 - Non-Sworn Police Department Employees (hereinafter, Unit 7) acknowled§e and affirm that.they have met and conferred in good faith,.exchanged proposals and counter~proposals and in all respe, cts fulfilled their . obligations under law to meet and confer in good faith. This. Memorandum of Understandin§ 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 7 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-l, i975 to June 30, 1977, at which time all agreements, understandings, provisions and conditions contained herein shall fermi na re. 2. Salary. , (a) Beginning on June 27, 1975 there shall be an increase of f.ive percent' (5%) in the base salary of each employee in Unit 7. (b) Beginning with the pay period which includes July l, 1976 and continuing until June 30, 1977, each employee in Unit 7 shall receive an adjustment in base salary in a percentage equal to the annual percentage change in the cost of living as reflecl~ed in the Bay Area Cost of Living Index for the preceding completed annual index ~per~od (April to April). -1- 3. Overti . The regular base salary sha. be deemed compenSation to the employee for working forty (40) hours per work week. Any hours worked in excess of forty (40) i~oUrs per ~.~ork ~.~eek shall be paid at the applicable over. time rate. 4. .Holidays~. Beginning on January l, 1976, there will no longer be a paid holiday on February 12 (Lincoln's Birthday) and in lieu thereof, the employees in Unit 7 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 (Admission Day) and in' lieu thereof, the employees in Unit 7 shall be entitled to one-half (1/2) paid'holiday for'one-half (1/2) of the working day on Decemt~er 24 and one-half-(1/2) paid holiday for one-half (1/2) of the workin§ day on December 31 .each year. Beginning on July l', 1975, .each employee in Unit 7 shall be entitled to one paid holiday each calendar year, including 1975, unti.1 June 30, 1977, which holi.day may be at the discretion of the employee, subject to prior approval of the Department Head. Employees shall be entitled to be compensated for said discretionary holiday, whether taken'or not, but shall not cumulate d~scretionary holidays. 5. Sick Leave. (a) Beginning with the pay period that includes June 27, 1975 all permanent and probationary employees in Unit 7, 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 or 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 empl.°Yment by City. In consideration of receiving said base salary for -2- period, einp'loyee assigns to Ci. ty ~:'11 )~'igh~s to rece'ive co~pe))sati on or other inco~)~: SUl)~le~en'~s a)'i sinai by )-e~son o'f emplo.yee's emp'loyment by City. ]In addi'~ion, during said n'inet;y (gu) calez',da~-cla~.s . · . City will prov'ide previously ag~-eed upon heal'l:t~, dental and life 'inst~rance.. The C'ity will also provide long teri,~ disability insurance for said e~,ployee t.~hich in'su.rance shall prov'ide subject to terms and conditions contained thei-ein for the paymen'l; of two-thirds (2/3) o'f base salary af'~er the " expiration of the ninety (90) calendar days desct-'ibecl above. -.'-::- (b) A'fter the exp'iration of ninety (90) calendar days from the coi,mencement' of' a'[liven disabi'lity or illness, the City will pay the employee at the ei, ployee's option any accrued Vacation time. 'The C~ty. will also continue tO pay.preViously agree¢l upon premiums for such e~ployee on. al'! healt~i, dental and life insurance until the' date o'f separat'ion. (c) At any tithe after tt~e expiratio~-~ of n~nety (90) calendar das, s and be'fo're the expiration o'f three hunclred si'xty-'f]ve (365) calendar days f~o,~t the con~,encement of'a given disability or ~lln&ss, the Cit~, has the r. ight to review the case of the individual employee and either separate the employee from the C'ity's set'vice or extend coverage beS, ond three hundred .s'ix'~y-five (365) calenda~' days. (d) After the expiration of th~ee hundred sixty-'five (365) days or ~xtens'ions thereof, from the commencement ora given disability or illness, the employee will be sepa~'e~ted 'from the City's service. Nothing herein shall be construed .so as .to' limit the employee's right to i-eceive long term disability be'nefits under the Long Term Disability policy beyond the three hunclred sixty-'five (365) day period. (e) Th'e co:~pensation -for sick leave actually taken described in the Preceding subparagraphs is the only compensation 'for sick leave actually taken lich the City will pay be§inni on June 27, 1975. 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 t~.~o (2) hours after, 'the commencement of the daily work period for ¥~hich compensated ~$ick leave is sought; Provided, that fire, police or sanitation empl.oyees serving on 'Shift assignments must notify superiors prior to the shift in accordance w~th 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 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 here~n 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 not a right or privilege to be used at the discretion of the employee, (§) Beginning on June 27, 1975, employees shall not be entitled to accumulate unused sick leave. In accordance with the City's Personnel Rules and Regula-~- ns ill e-Ffect as of the date o~' xecution of this agreement, each employee ~'iill be el~titled to payment upon leaving the City's service for sick leave accumulated prior to June 27, 1975 at the employee's existing salary for fifty (50%) percent of the days of accumulated sick leave, whi.ch 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 l~§islation is enacted into law then mandating a percentage other than the fifty percent (50%)''''''~' · described herein, then such mandated percentage shall supersede the .. percentage described herein. 6. Medical Appointments. Beginning on June 27, 1975 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' ~,lhi ch such leave is authorized. -.' 7. Family Leave. (a) Beginning on July 1, 1975 each employee may take up to four (4)calendar days of leave without loss of pay in the case of ~ctual serious illness or disability of any member of the employee's family who resi des i n the employee' s home. (b) Beginning on ~luly 1, 1975 each employee may take leave without loss of pay for the purpose of attending the funeral of any of the persons hereafter designated for a period of five (5) calendar days per year .(provided, the City Manager, in his discretion, may grant additional time if 'he'feels it is justified). Such leave may be granted to attend -5- tile funeral of tl~-following persons' spouse, para,-ts, grandparents, child, mother-in-law, father-in-law, brother-in-law, daughter-in-law and son-in-law. In addition, the City Manager may grant the above described leave in the event of the 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. B. Insurance. (a) Beginning on June 27, 1975 City shall make pren;ium payments up to $75.00 per month per employee for a health insurance plan for the"- employee and the employee's 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 ' $25.00 per month per'employee for a dental insurance plan for employee and dependents from California Dental Service. (c) Beginning on June 27, 1975 City'shall provide each employee with ~erm Life Insurance, including accidental death and dismemberment coverage, in a face amount of five thousand dollars ($5,000.00). (d) Beginning on June 27, 1975 City shall provide each employee with long term disability insurance which, subject to the terms and conditions thereof, shall provide for.payment of two-thirds.(2/3) of base salary during disability, subject to..terms and conditions of the policy.' 9. _~ocial Security. If a majority of employees now covered by Social Security elect to withdraw from the Social Security system at a properly held election the results of which are recognized by the'Social Security 'Ad. ministratio~ City agrees to provide the PERS "59 Survivor's Benefits". 10. Work Schedules. City and employees agree that City reserve§ the right to adjust weekly work schedules as a management prerogative in the , organization of a service provided by law. · . ~..6~ ¢ ( ll. Classification and Salary Adjustments. In addition to the increases.described in Number 2 above, beginning with the pay period that includes July l, 1975 the position o'f Police Technician to · . . receive a five percent (5%) increase in base salary. Beginning with .the p~y period that includes July 1, 1975 the p'osition of Steno Clerk (Police) shall be changed to the position of Police Clerk and shall receive · an increase of five percent (5%) in base salary. 12. Employees Covered. Provisions of this Memorandum apply only .._.- · ,. to .the employees represented by Unit 7 - Non-Sworn Police Department · Employees · ! 1.3. 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 wa§es and benefits remain the same as they are currently Deing provided or administered. 14. Dispute. Any dispute over an interpre'tation 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 .~-4:0 day of 'I' ,.. ,;~ ,' .1975. CITY REPREsENTATiVE /~ ~ - EMPLOYEES' REPRESENTATIVE