HomeMy WebLinkAboutReso 43-1979 RESOLUTION NO. 43-79
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION ACCEPTING AND APPROVING
MEMORANDUM OF UNDERSTANDING, UNIT t -
MANAGEMENT, JULY 1, 1978 - JUNE 30, 1979
BE IT RESOLVED by the City Council of the City of South San
Francisco that the Memorandum of Understanding with Unit 1 - Management,
for the period July 1, 1978 , June 30, 1979, 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 regular meeting held on the 18th day of
April , 1979, by the following vote:
AYES'
NOES'
ABSENT' None
Councilmen Ronald G. Acosta, William A. Borba, Emanuel N. Damonte,
Terry J. Mirri; Councilwoman Roberta Cerri Teglia
None
ATTEST:
~/' City Clerk
MEMORANDUM OF UNDERSTANDING
UNIT I - MANAGEMENT
July 1, 1978 - June 30, 1979
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
§ood faith.
City and Unit I representatives agree and acknowledge that negotiations
for salary increases and benefits for fiscal year 1978-79 commenced prior to
July l, 1978, and the parties contemplated that any pay increases and/or
benefits pursuant to the Memorandum of Understanding for fiscal year 1978-79
would be effective as of the pay period which included July l, 1978, if
limiting legislation then in effect was repealed, amended to remove the
limitation or declared unconstitutional in a final judgment by a court with
jurisdiction thereof.
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.
1. Term. The term of this Memorandum of Understanding Shall be from
July 1, 1978 to June 30, 1979, at which time all agreements, understandings,
provisions and conditions contained herein shall terminate, except for the
provisions of "Amendment 3-77 to Memorandum of Understanding, Unit I -
Management - July 1, 1975 - June 30, 1978, as Amended, Adding Surviving
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Provisions" (hereinafter M/U 3-77) which was adopted by Resolution No. 173-77
On October 5, 1977, and is attached hereto as Exhibit "A". M/U 3-77 provisions
shall survive the term of this Memorandum of Understanding and shall run
concurrently with the period for which the 2% @ Age 50 public safety retire-
ment benefits are applicable to eligible Fire and Police Department members
of Unit I, in accordance with Personnel Rules and Regulations, including
those appointed after the effective date of this Memorandum.
2. Salary. Commencing with the pay period which included July l, 1978,
the following described pay increases shall be made. Exhibit "B" entitled
"Salary Ranges Effective July 1, 1978 for Unit I," attached hereto and
incorporated herein, sets forth the ranges and bi-weekly salary which
reflects said increases, but if there is a variance between Exhibit "B" and
the City of South San Francisco Master Salary .- Standard Bi-Weekley Table
for 1978-79, then-~the latter shall prevail.
2.1 Unit I Members Other than Police and Fire Department Personnel.
The base Salary of current members other than Police and Fire Department
personnel established by Memorandum of Understanding Unit I - Management,
July 1, 1975- June 30, 1978, as Amended and paid for fiscal year 1977-78,
shall be increased by six percent (6%). A member as of July l, 1978, who
thereafter left the service of the City through a service or disability
retirement, shall receive said six percent (6%) increase to and including
the effective date of said retirement.
2.2 Fire and Police Department Members. The new base salary of the
current Fire and Police Department members established by M/U 3-77 and paid
for fiscal year 1977-78, shall be increased by six percent (6%). A member
as of July l, 1978, who thereafter left the service of the City through a
service or disability retirement, shall receive said six percent (6%) increase
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to and including the effective date of said retirement.
3. Holidays
(a) Authorized Holidays. The following are the authorized holidays:
(1) January 1
(2). Third Monday in February
(3) Last Monday in May
(4) July 4th
(5) First Monday in September
(6) Second Monday in October
(7) November llth
(8) Fourth Thursday in November
(9) Fourth Friday in November
(10) December 24th (Four Hours)
(ll) December 25th
(12) December 31st (Four Hours)
(13) One Discretionary Holiday*.
(New Year's Day)
(Washington"s Birthday)
(Memori a 1 Day)
( Independence Day)
(Labor Day)
(Col umbus Day)
(Veterans Day)
(Thanksgiving Day)
(Day following Thanksgiving)
(Four hours of workday preceding
Christmas)
'~(Christmas Day)
(Four hours of workday preceding
New Year's Day)
*Each employee shall be entitled to take one paid holiday each calendar
year, which holiday may 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 accumulate
discretionary holidays nor be compensated in the event the discretionary
holiday is not taken.
(b) Holiday Pay. Regular full-time employees, except for personnel
assigned to continuous operations, 'shall be entitled to observe all authorized
holidays at full pay, not to exceed eight (8) hours for any one (1) day,
provided they are in pay status on both their regularly scheduled workdays
immediately preceding and following the holiday.
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Employees assigned to continuous operations, who by nature of their
assignment are unable to observe City holidays, shall be compensated for
authorized holidays as follows: Eight hours of straight-time overtime for
the holiday and straight-time for the hours' work. Personnel scheduled to
work on a City holiday but who are unable to do so due to a job-related injury,
shall remain eligible for payment in accordance with this provision as long
as he is not receiving compensation from other City related sources. An
employee unable to work a holiday due to illness or to an injury unrelated
to the job shall also be compensated for the holiday pursuant to this
provision provided that he sumbit to the Department Head a doctor's
certificate verifying the illness or injury or file a certificate made by his
Department Head so verifying.
4.1 Sick Leave. It is the intent of the Parties to provide a comprehen-
sive, integrated sick leave benefit plan for employees who,' due to injury or
illness' are unable to perform their usual and customary duties. Benefits
are provided for both work-connected and non-work-connected injury and illness.
Nothing contained herein is intended to diminish the benefits which any
federal or state law mandatorily requires, and the integrated sick leave
benefit plan shall not provide benefits in excess of thoSe required by state
or federal law, except as expressly provided herein.
4.2 Sick Leave Benefits
(a) General Employees
(1) All full-time permanent and probationary employees in
Unit I, except safety members of the Police and Fire Departments, 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 compen-
sation for sick leave. Said compensation is in lieu of any amounts
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employee is entitled to receive from Worker's Compensation or other
income supplements arising by reasons 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, 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.
(2) 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 such employee on all health, dental and life insurance
until the date .of separation.
,
(3) 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 §iven 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.
(4) 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
disability policy beyond the three hundred sixty-five (365) calendar
day period.
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(b) Safety Employees - Police and Fire Departments.
(1) Definitions'
(a) Work-connected disability - A work-connected
disability is defined as any injury or illness entitling the employee
to benefits pursuant to the Labor Code of the State of California,
Sections 4850, et. seq.
(b) Non-work-connected disability - A non-work connected
disability is a residual category and is defined as any injury or illness
that does not qualify as a work-connected disability as defined in
Section 4.2 (b)(1)(a).
(2) Full-time permanent and probationary safety employees in
the Police and Fire Departments shall be entitled to receive base salary
for a periOd not to exceed ninety (90) calendar days from the commence-
ment of either ~a work-connected or non-work-connected disability as com-
pensation for sick leave. For work-connected disabilities, said compen-
sation is in lieu of any temporary disability payments the employee may
be entitled to receive from Workers' Compensation or other income
supplement sources existing by reason of the employee'~ employment by
the City. In addition, during said ninety (90) calendar days or any
portion thereof, the City will pay the agreed premiums for health,
dental and life insurance. After the expiration of ninety (90)
calendar days from the commencement of either a work-connected or non-
work-connected disability, the City will pay the employee, at the
employee's option, any accrued vacation time.
(3) After the expiration of ninety calendar days. At any
time ~fter the expiration of ninety (90) calendar days and before the
expiration of three hundred sixty-five (365) calendar days from the
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commencement of either a work-connected or non-work-connected
disability, the City shall review the disability and make the applicable
determinations hereinafter set forth, which are subject to appeal by
the employee:
(a) Work- connected disability. If the disability is
work-connected, City shall.determine whether (a) said disability is
permanent and stationary and incapacitates the employ, ee for performance
of duty; (b) the employee should be retired for disability; or (c)
the employee should be granted a leave of absence for an original period
not to exceed three hundred sixty-five (365) calendar days, which period
is subject to a reasonable extension. If City determines that the
disability is permanent and stationary and same incapacitates the
employee for the performance of duty, City may retire the employee for
said disability and the employee shall receive the benefits of Labor
Code Section 4850 for the period of such disability, but not exceeding
one (1) year, or until such earlier date as he is retired on permanent
disability pension, and said benefit is in lieu of any temporary.
disability payment the employee is entitled to receive from Worker's
Compensation or other income sources existing by reason of employee's
employment by City, including but not limited to eligibility to
receive long-term disability benfits. From the effective date of the
disability retirement and thereafter to the age limits set forth in
the long-term disability policy, the employee shall be eligible to
receive the long-term disability benefits provided by said policy, in
accordance with the terms and conditions contained therein. If the
City determines that the employee is incapacitated for the perfor-
mance of duty but the medical prognosis indicates an ability to return
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to duty within said period of three hundred sixty-five (365) calendar
days or a reasonable extension thereof, then the City may grant the
employee a leave of absence for said determined period and the employee
shall receive the benefits of Labor Code Section 4850 up to and including
the end of said leave of absenCe, except that said benefit shall not
exceed an accumulative period of one (1) year for said disability and
said benefit is in lieu of any temporary disability payments the employee
is entitled to receive from Worker's Compensation or other income sources
existing by reason of the employee's employment by City, including but
not limited to the eligibility to receive the long-term disability
benefits. If the accumulative one-year period of the said Labor Code
benefit expires before the determined leave of absence period, the
employee shall be eligible to receive long-term disability benefits,
in accordance with the terms and conditions of the policy, from and
after expiration of said Labor Code benefit to the termination date of
said leave of absence. If the leave of absence as above described
is granted and the disability becomes permanent and stationary during
said leave of absence and renders the employee incapable of performing
his duty, then City may at any time thereafter during said leave of
absence retire the employee for disability as hereinbefore stated.
City shall pay the agreed premiums for health, ~ental and life insurance
up to the date of said disability retirement or termination date of
said leave of absence whichever is applicable.
(b) Non-work-connected disability. If the disability
is not work connected, City shall determine whether (a) said disability
incapacitates the employee for performance of duty and is permanent
and stationary; (b) the employee should be granted a leave of absence.
·
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for an original period not to exceed three hundred sixty-five (365)
calendar days, which may be reasonably extended; or (c) retired for
disability. If the employee is incapacitated for the performance of
duty and the disability is permanent and stationary, the City may
retire the employee for said disability or otherwise separate said ·
employee from the City's service and the employee is eligible to
receive the long-term disability benefits in accordance with the
terms and conditions of the policy. If the City determines that the
employee is incapacitated for the-performance of duty but the medical
prognosis indicates an ability to return to duty within a period of
three hundred sixty-five (365) calendar days or a reasonable extension
thereof, then the City may grant the employee a leave of absence for
said determined period and the employee shall be eligible to receive
the long-term disability benefits in accordance with the terms and
conditions of the policy. If the leave of absence as above described
is granted and the disability becomes permanent and stationary during
said leave of absence period and renders the employee incapable of
performing his duty, then the City may at any time thereafter during
said leave of absence retire the employee for disability as herein-
before stated. City shall pay the agreed premiums for health, dental
and life insurance up to the day said leave of absence expires or the
date of disability retirement, whichever is applicable.
4.3. Sick Leave Conditions. Sick leave for the purpose of the new
sick leave benefit set forth in paragraph 4.2 and the several subsections
thereof is defined as the period of time during which the employee suffers
actual personal illness or disability which necessitates his absence from
employment and it is not a right or privilege to be used at the unqualified
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discretion of the employee. The employee must suffer an actual personal
illness or disability which necessitates his absence from employment and
to be entitled to compensation for said sick leave must satisfy the conditions
hereinafter set forth. The compensation for sick leave set forth.in
paragraph 4.2 and the subsections thereof'is the only compensation for sick
leave which the City will pay.
(a) The employee must notify his or her immediate, supervisor prior
to the commencement of the daily work period for which compensated sick
leave is sought; provided that those employees serving on shift assignments
must notify superiors prior to the shift in accordance with departmental
policy;
(b) Each employee on sick leave must produce evidence satisfactory
to the City describin§ the nature of the illness and such evidence may' be
in the form of a personal affidavit or shall be in the form of a certification
by a medical doctor if requested by a Department Head with prior notice to
the employee; 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 minus 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 fully recovered and is able to perform regular work
without any restrictions.
4.4 Sick Leave Accumulation. Termination and Payment. Beginning with
the pay period that includes July 1, 1977, employees shall not be entitled
to accumulate unused sick leave as provided in the Personnel Rules and
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Regulations existing as of June 30, 1975 and previous Memorandums of Under-
standing. From and after the execution date of this Memorandum of Understanding
an employee separated from City service, who is at that time a member of the
Unit, will be entitled to payment 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) 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 into law mandating a percentage other than the fifty
percent (50%) described herein, then such mandated percentage shall super-
sede the percentage described herein.
5. Medical Appointments. Beginning with the pay period that includes
July 1, 1977 the 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. Emergency Family Leave.
(a) Each employee may take leave without loss of pay up to four
(4) calendar days per calendar year for emergency situations where an
immediate family member must receive immediate medical attention due to a
sudden, serious and actual sickness or disability (excluding routine or
scheduled doctor's appointments). Employees shall be required to submit a
doctor's certification.
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(b) Beginning on July l, 1977 each employee may take leave without
loss of pay for the purpose of attending the funeral of any member of his or
her immediate family, as defined hereinafter, for a period of three (3)
calendar days per occurrence within the State of California or five (5)
· calendar days per occurrence outside the State of California.
(c) As used herein "immediate family" is defined to be spouse,
parents, brothers, sisters, grandparents, child, mother-in-law, father-in-law,
brother-in-law, sister-in-law, 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) Health. City shall provide each employee 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) Dental. The self-insured program of dental care benefits
existing as of April l, 1978 shall be provided for employees and dependents.
(c) Life Insurance. 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 off to the nearest
one thousand dollars ($1,000).
(d) Long-Term Disability Insurance. City shall provide insurance
for long-term disability coverage to provide that benefits to be paid a disabled
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) Vision Care Plan. The City shall provide for permanent full-time
employees and their eligible dependents the Group Vision Care Plan, dated
January, 1975, designated VSP Plan B, Employee and Dependents, with a ten
dollar ($10) deductible.
8. Longevity Pay Plan. The City shall pay all permanent full-time
employees, except safety members, longevity pay in accordance with the
following schedule:
Len.qth of Service
Ten to fourteen years, inclusive
Fifteen to nineteen years, inclusive
Twenty to twenty-four years, inclusive
Twenty-five to twenty-nine years, inclusive
Thirty to thirty-four years, inclusive
Thirty-five to thirty-nine years, inclusive
Forty years or more
Lonqevi ty' Pay/Monthly
$1o
$15
$2o
$3o
$4o
$5o
$6o
9. Education Incentive Pay. Public Safety employees shall be entitled
to continue participating in existing Education Incentive Pay programs, as
set forth in Exhibit C.
lO. Deferred Compensation. All permanent full-time employees are
eligible, subject to the terms and conditions thereof, to participate in the
City of South San Francisco Deferred Compensation Plan.
ll. Physical Examination. Department Heads and City Manager Assistants
may undergo, at the City's expense and .without loss of pay, an annual compre-
hensive multiphasic physical examination by a medical doctor'. The emplOyee
consents that a report of such physical examination may be submitted to the
City Manager.
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12. Vacation. All permanent full-time employees shall be entitled to
accrue annual vacations without loss of pay, subject to prior approval of
scheduling by immediate supervisor, in accordance with the following schedule:
Length of 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 working days
25 working days
30 working days
Unused vacation for such employees may accumulate up to twice their
annual accrual amount, provided that the City Manager may allow for
additional accumulation when in the best interest of the service. Any
such employee who wishes to take vacation in excess of their annual accrual
rate shall obtain prior approval from the immediate superior. If any
employee does not take accumulated vacation, he or she shall be entitled to
·
be paid for accumulated vacation upon separation from the City's service at
the regular base salary of the employee upon separation.
13. Like Work ~- Like Pay. An employee assigned to the duties of a first-
line supervisor or above shall be paid the salary of the position he performs.
First-line supervisory employees and above assigned to the duties of a
higher classification shall not be paid the salary of that higher classifica-
tion unless they serve in that capacity for thirty days or more, in which
event they shall receive the pay of the higher classification commencing
with the first day of said thirty d.ay service.
14. Retirement
(a) Retirement Plan. The benefit contracts in effect between the
City and the Public Employee's Retirement System (PERS) in behalf of eligible
employees as of April l, 1979 sha-ll be continued during the term of this
Memorandum:
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(1) Non-Safety Members - 2% at Age 60 Formula.
(2) Safety Members (sworn Police & Fire) - 2% at Age 50 Formula.
(b) Retired Personnel Health Insurance Plan. City shall provide a
health insurance plan for employees who are retired on a disability or service
retirement, and only for such 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 employment or self-employment,
which produces gross income for the individual in an amount in excess of
twenty-five percent (25%) of the base salary then being paid in the position
said employee last held with the City, or fora'comparable position if said
position has been abolished. To be entitled to receive such health insurance
after retirement, the employee must elect in writing to have such coverage
prior to his or her retirement.
15. Administrative Leave. Administrative leave without loss of pay may
be granted at the discretion of the Department Head with the prior approval
of the City Manager.
16. Employees Covered. The provisions of this Memorandum apply only
to the employees represented by Unit I - Management.
17. Modification. This Memorandum does not modify any provision of the
Personnel Rules of the City except as expressly provided herein. Paragraph
16 of M/U 1 Management, July 1, 1975 - June 30, 1978, which related to
vacation and severance pay shall no longer be operative and is suspended
by paragraph 12 of this Memorandum of Understanding. Except as expressly
provided herein', all wages and benefits remain the same as they are currently
being provided or administered.
18. 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Memorandum
of Understanding in the City of South San Francisco on this ~.~ day of
/
?:~,~,-~., ~ ??.
,I
CITY'S REPRESENTATIVE
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EXHIBIT A
RESOLUTION NO. 173-77
-
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AND ACCEPTING AMENDMENT
3-77, UNIT 1, MANAGEMENT, JULY 1, 1975- JUNE
30, .1978, AS AMENDED, ADDING SURVIVING PROVISIONS
BE IT RESOLVED by the'City Council of the City of South San
FranCisco that:
1. Amendment 3-77 to Unit 1 Memorandum of Understanding.
The City Council hereby approves and accepts the Amendment
entitled "Amendment 3-77 to Memorandum of Understanding, Unit 1 - Manage-
ment, July 1, 1975- .June 30, 1978, as Amended, Adding Surviving Provisions",
a copy of which Amendment is attached hereto as Exhibit "A". '
2. City Clerk's Endorsement. '
The City Clerk be and he is hereby authorized to endorse, . date
and initial the following- '
2.1 On the Memorandum of Understanding, Unit 1- Management-
July 1, lg75 - June 30, 1978, page 2 at subparagraph 2{c),
place an asterisk, and at the bottom of the page endorse
the folloWing words- "*Subparagraph 2(c) amended. Refer
to Amendment 3-77. ( ocf:o~e~ 5, 1977/AAR.)"
Z.2 On Amendment 1-77 to Memorandum of Understanding, Unit
1 - Management- July 1, 1975 - June 30, 1978, page 1 at
paragraph 2, place an asterisk, and at the bottom of the
page endorse the following words- "*Paragraphs 2 and 3
amended. Refer to Amendment 3-77. (oo~ober 5, 1977/AAR.)"
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 5th day Of October
- .
·
lg 77
, by. the following vote :.
AYES,
COUNCILMEN William .A. Borba, Emanuele N. Damonte,
NOES, "
ABSENT, "
· errg J. ~firri and Leo Padreddii
Richard A. Battaglia
None
ATTEST:
/s/
Arthur A o Rodondi
City Clemk
..
COUNt'Y 0F 3A:.~ "' ''
1, ARTHUR A. RODOND], C:ty Clerk of th~ City of ~3~,5 ~n Franc;sc%
Coundl th~f, d~ hc~by ~rU, f~ ~at ~e above and fcrc~;ng is a full,
~ua an~ c~rr~Ct ~y Gf
~ IN WITNESS W~SRS~F ] ha'~ h:.reu~to s~t my hand a~ th~ ~al of
he CRy of Sauth ~a Fran:i¢o U,i~lthd, ty of Octobe~lg. 7.7.
A~]:'UR A. R;DONDI
~ o~ city of ~m ·
..~ Francisco.
[~ ~;, City Cl:rk City Cl~rk
~ ......... ~L....' ...........
EXHIBIT "A" TO RESOLUTIO~ 173-77
ADOPTED O~&ober 5, 1977
AMENDMENT 3-77
TO
MEMORANDUM OF UNDERSTANDING, UNIT I - ·
MANAGEMENT
JULY 1, 1975 - JUNE 30, 1978
AS AMENDED
Adding Surviving Provisions
RECITALS
·
·
THE CITY OF SOUTH SAN FRANCISCO (hereinafter City) and Unit I -
Management (hereinafter Unit 1), on June 30, 1975, executed a Memorandum
of Understanding entitled "Memorandum of Understanding, Unit 1, Management,
!
July 1, 1975 - June 30, 1978," (hereinafter M/U 75-78), which was accepted
and approved by Resolution 85-75 .on June 30, 1975, and said Memorandum of
Understanding was amended by Amend..m. en...t 1-76 executed on December 7, '1976,
and approved and accepted by City Resolution 172-76 adopted' December 15,
1976.
UNIT 1 INCLUDES management personnel of the Police and Fire Depart-
ments in addition to other management personnel of City.
PARAGRAPH 2(C) OF M/U 75-78 provided for a cost of living adjustment
to be paid "beginning with the pay period that includes July 1, 1977, and
continuing until June 30, 1978."
ON FEBRUARY 10, 1977, City and .Unit 1 executed Amendment 1-77 to M/U
75-78 to include a 2% @ Age 50 Retirement Formula for Fire Department man-
agement personnel only which paralleled the provisions of the Memorandum
of Understanding with Unit 6 entitled "Memorandum of Understanding, Unit
6 - International Association of Firefighters of America, Local 1507,
AFL-CIO, July 1, 1976 - June. 30, 1978, Except for Surviving Provisions"
(executed August 30, 1976, and approved and accepted by City Resolution
132-76 on September 15, 1976). Amendment 1-77 added paragraph 2.1, et
seq., to M/U 75-78 which provided for the establishment of a New Base Sal-
ary for Fire Department management personnel for fiscal year 1977-'78~ to
be effective on June 24, 1977, and additional matters set forth in said
Amendment.
IN 1977 CITY and Unit I commenced negotiations to further amend
75-78 for inclusion of a 2% @ Age 50 Retirement Formula for Police Depart-
ment management personnel which would parallel the formula for Fire Depart-
ment management personnel and the contemplated retirement formula then
being negotiated with Unit 5 (South San Francisco Police Association).
THE COST OF LIVING adjuStment payable June-24, 1977, for fiscal year
1977-78, is one of the factors to be used in computing the ~New Base Salary
for Fire Department management personnel in accordance ~.~ith Amendment 1-77
and a New Base Salary for Police Department management personnel if
75-78-is further amended to include a 2% @ Age 50 Retirement FOrmula for
said personnel. The other 'factor is a PERS Actuarial Valuation which as
of June 22, 1977, had not been received. The parties, therefore, on
June 22, 1977, executed Amendment 2-77 to M/U '75-78, Which was approved and
accepted by City Resolution 97-77 on June 22, 1977. Amendment 2-77'recog-
nized the accrual of the cost of living adjustment but deferred payment
as in said Amendment provided, pending execution of this Amendment 3-77.
THE PERS ACTUARIAL VALUATION consisting of (1) Public Employees'
Retirement System Actuarial Valuation Report dated June 8, 1977, signed
by Kisuk Yang, Chief Actuary, which shows in subsection Ba the present
e
!
, ,
rate and July 1, 1977, rate for public safety employees ½ @ Age 55 Formula
and (2) Public Employees' Retirement System Actuarial Valuation Report
dated June 14, 1977, signed by Kisuk Yang, Chief Actuary, which shows in
column Aa subsection Ba the proposed agency contribution rate for the 2%
P Age 50 Retirement Formula, has been received and the parties now-desire
to amend paragraph 2 of M/U 75-78, as amended by Amendment 1-77, tO restate
as amended'the New Base Salary and related retirement formula for Unit 1
Fire Department personnel and .include New Base Salary and related retire-
ment provisions for Unit I Police Department personnel, provide for related
matters and continue in.effect all other provisions of said'Memorandum of
Un~erstandin§. COpies of said Valuation are on file in the offices of
the City Clerk and Director of Finance.
CITY AND UNIT i ACKNOWLEDGE and affirm that they have met and con-
ferred ~n good faith and-in all respects fulfilled their obli§ations under
law to meet and confer in good faith regarding this Amendment 3-77 to M/U
75-78. Representatives of the City have agreed to Present this A~endment
3-77 to the M/U 75-78 to the City Council for approval and representatives
of Unit 1 have agreed to present same to their members for approval and
acceptance.
IN CONSIDERATION OF THE AF. OREGOING PROVISIONS AND THE COVENANTS AND
CONDITIONS HEREINAFTER SET FORTH, IT.IS AGREED AS FOLLOWS-
1. Amendment.of Paragraph 2 of M/U 75-78 and Amendment 1-77 to
M/U 76-78. .
Paragraph 2 of M/U 75-78 is hereby amended to add 2(d) which
reads as follows and supersedes paragraph 2 of Amendment 1-77:
2(d) Retirement and Salary Relationship - Total Compensation. Fire
and Police Department members of Unit 1 desire to obtain the substantial
2.
· .
benefits of the 2% @ Age 50 Public Safety Retirement Formula by
having City amend the PERS agency contract to so provide, City
does not desire to so amend because (1) City now provides the ½
@ Age 55 Public Safety Retirement Formula which includes' public
safety (fire and police) members of Units 1, 5 and 6; personnel'
not presently members of said Units; and future public safety person-
nel, all at an agency ~contribution rate City is presently willing
to pay when' considered in. relation to Cost of salaries and other
benefits which constitute total compensation, and (2) in accord-
ance with applicable retirement laws, such amendment will cause
City to incur an increase .in the agency contribution rate for ail
public safety personnel (fire and police)~ which increase in cost
of total compensation (including but not limited to salaries, retire-
ment and other benefits) ~ City is.unwilling to incur. Members of Unit
·
1, for the purpose of establishing a reasonable City cost for sa'id
·
total 'compensation, and, therefore, to induce City to so amend the
PERS contract (1) propose and a§ree, pursuant to Government Code
Section 3500, et seq., to establish a New Base Salary for-Fire and
Police Department'members of Unit 1, and have said members furnish
the assurances described below which City may require as a condition.
precedent to the PERS contract amendment~ and (2) make the represen-
tations described below as the basis for a condition precedent which
City may require prior to the PERS contract amendment.
2(d).1 New Base Salary
2(d).1.1 Established in Fiscal Year 1977-78.
A New Base Salary for fire and police personnel repre-
sented by Unit I is hereby established same to be effective
4.
Oil November 11, 1977 . Said New Base Salary shall
be computed as follows: (1) Add to each said fireman's
and police officer's 1976-77 bi-weekly salary ran§e 6.5%
thereof, which is the annual percentage change in cost
of living as reflected in the Bay Area Cost of
Index for the preceding completed annual index period
..
(April 1976 to April 197'7) and' (2) then deduct from
that total 7.44% thereof, said percentage bein§ the net
difference between City's total compensation cost pur-
suant' to the ½ @ age 55 Re{irement -Formula and 2% @
Age 50 Retirement Formula for public safety PERS members.
Significance and Use of New BaSe Salary for Fire and
Police Department Members of Unit 1 - Survival of Provision.
This provision states the significance and use of 'the
New Base Salary for" F{'re'and Police Department members
of Unit 1, also referred to as Base Salary, established
pursuant to paragraph 2(d).1.1 of thi.s Memorandum of
Understanding for future related actions. This provision
shall survive the term of this Memorandum of Understanding
and shall 'run concurrently with the period for which the
2% @ Age 50 Public Safety Retirement Benefits are appli-
cable to eligible Fire and Police Department members of
Unit 1, in accordance with PERS rules and regulations,
including those appointed after the effective date of
this Memorandum of Understanding. Each of the following
sub-paragraphs may be read in conjunction with one or
o
more of the other sub-paragraphs and with this Memorandum
of Understanding to interpret this provision.
·
(a) Unit I Fire and Police Department members' l~ew Base
Salary shall be the salary established pursuant to
paragraph 2(d).1.1 of this Memorandum of Understand-'
lng and changes therein in subsequent years or other
times by Memorandum of Understanding or otherwise
shall be desi§na, ted "~nended Base Salary.''
{b) Changes in said Base Salary or Amended Base Salary,
·
whichever is applicable, shall not be based on the
fact the deduction set forth in paragraph 2(d).1.1
of this MemOrandum of Understanding was made to
compute same or based on the amount of said deduc-
tion. City may refuse to Consider the fact of Said
- ..
deduction or the amount thereof in future negotia-
tions as a basis for increasing the Base Sala. ry or
Amended Base Salary, and said refusal shall not be
deemed a refusal to meet and confer in good faith
or otherwise violative of the Meyers-Milias-Brown
Act {Government Code Section 3500, et seq.).
(c}- The said Base. Salary or Amended Base Sala6y, which-
ever is applicable, results in a comparison-differ-
ence between said salary and the salaries of other
departments as well as the salaries of firemen
or police officers in comparable agencies. If said
comparison difference equals or is less than 7.44%
6~
it shall.not serve as the sole basis for negotia-
tions related to Fire .Department or Police Department
Unit 1 members' salary benefits or other terms and
conditions of employment or increases or adjustment to
equal or approximate salaries, benefits or Other terms
and conditions of employment for other members of
Unit 1, other City'departments or comparable agencies,.
or to otherwise increase said salaries. If the compari-
son difference equals or is less than t~e Fire DeparL-
merit or Police Department Unit I members' said p.e~-
centage share as' above provided, .City may refuse
to consider same as a basis for increasing the Base
Salary or Amended Base Salary, and said refusal
shall not be deemed a refusal to meet and confer' in
good faith'or otherwise violative of the Meyers-Milias-
Brown Act (Government Code Section 3500, et seq.).
(d) If an increase by reason of cost'of living or oth.er-
wise is authorized by an approved Memorandum of
Understanding or otherwise, said increase in an.
amount or percentage shall be applied to the Fire
Department or Police Department Unit I members'
Base Salary or Amended Base Salary, whichever is then
in effect.
(e) If a decrease in salaries is authorized by an
approved Memorandum of Understanding or otherwise,
same being applicable to Unit 12 Fire Department or
Police Department, or all departments, the amount
7.
2{d).1.3
2(d).2
of decrease or adjustment or Percentage thereof
shall be applied to the Fire Department or Police
Department Unit I members' Base Salary or Amended
Base Salary, whichever is then in effect.
Assurances by Fire and Police Department Members of'
Unit 1.
In addition to the acceptance and approval of paragraph
2 and subparagraphs thereof of th~s Memorandum of Under-.
standing, by vote of the membership, each fireman and
police officer who is not represented '~y Unit 1, 5 or 6
·
shall subscribe the Acceptance and Assurance to be.
attached hereto as Exhib'it A and incorporated herein by
this reference as if set forth verbatim. Fire and Police
!
Department members of Unit i appointed after the effective
'date of .this Memorandum of Understanding shall subscribe
to a similar Acceptance and Assurance as a term and con-
...
·
dition of employment.
City Agreement to Amend the PERS Contract.
City,~'acting on the inducements, assurances and representa-
tions hereinbefore set forth, shall amend the PERS contract
'to provide the 2% @ Age 50 Public Safety Retirem6nt For- ..
mula for Fire and Police Department members of Unit 1
when all of the following have occurred'
·
(a) This Memorandum of Understanding has been duly
executed by the representatives of City and Unit 1,
and thereafter accepted and approved by the members
of Unit 1 and ratified by the City Council.
8.
(b) All of the firemen and police officers not represented
by Units 1, 5 or 6 have executed the Acceptance and
Assurance and same has been attached hereto as
Exhibit A.
(c) An Acceptanc.e and Assurance by police officers and
firemen not represented by Units 5 and 6 has been
attached to the memorandum of understanding for those
units, which Acceptance and Assurance shall be sub-
stantially similar to Exhibit A which is attached to
this memorandum of understanding.
2. Payment of Cost of Living Adjustment 1977-78 for Period Prior ,_to Establishment of 'New Base Salary..
In accordance with M/U 75-78 and Amendment 1-77, June'24, 1977,
was set as the date for application of the 6.5% cost of living adjustment
to Unit I firemen and police officers' 1976-7'7 base pay, and computation
of the New Base Salary. City and Unit 1, pursuant to Amendment 2-77~
deferred payment of said adjustment and computation. The New Base Salary
havi'ng l~een ,computed and the date for establishment havin§ been dete~-
.
mined, the parties agree that each fireman and police officer represented
by Unit I shall receive 6.5% of the total salary paid said fireman or
o
officer at the 1976-77 rate between June 24, 1977, and. the effective date
'of the New Base Salary, applying said percentage as same would'be applied
· .
to salary ranges. Payment shall be made on or before December 29, 1977.
2. Effect of This Amendment.
..
This Amendment 3-77 supersedes Amendment 2-77 and paragraph 2(c)'
of M/U 75-78 to the extent said paragraph applies to police and fire mem-
bers of Unit 1. Except as herein provided, this Amendment 3-77 shall not
modify any other provisions of M/U 75-78.
9.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment
3-77 to Unit l's said Memorandum of Understanding on the ~h day of
Oc~o~a_r , 1977.
CITY'S REPRESENTATIVE
C.. Walter Birkelo
City Manager
10,
EXHIBIT "A"
TO AMENDMENT 3-.77
UNIT I - MANAGEMENT
ADOPTED BY RESOLUTION NO. 173-77
PASSED October 5, 1977
=
ACCEPTANCE AND ASSURANCE
·
THE UNDERSIGNED, firemen and police officers of the City of South.
San Francisco, who are not represented by Units 1, 5 or 6, and who are
eligible for PERS Public Safety 2% @ Age 50 Retirement Formula, 'ACCEPT
AND AGREE to the provisions of M/U 75-78, as amended by Amendment 3-77,
to which this Exhibit .is attached. '
.
Dated:
I II Ti "~'
SALARY
CLASS I FI CATI ON RANGE
Accountant .792
Accounting Officer 792
Administrative Aide 735
Administrative Assistant 917
Administrative Assistant to
City Manager 873
Administrative Assistant to
City Manager/Personnel 989
Administrative Intern 330
Assistant to City Manager 1175
Assistant City Manager 1466
Assistant City Engineer 1205
Assistant Director of Public
Works 1174
Assistant Fire Chief lOlO
Assistant Planner 853
Associate Civil Engineer 1045
Building Maintenance
Supervisor 706
Chief Building Inspector 1064
Chief of Police 1293
Chief Treatment Plant
Operator 811
City Attorney 1503
City Engineer 1295
EXHIBIT B
RANGES EFFECTIVE JULY l, 1978
FOR UNIT 1
BI-WEEKLY SALARY
A B C D E
633.60 665.60 698.40 733.60 770.40
633.60 665.60 698.40 733.60 770.40
588.00 617.60 648.00 680.80 714.40
733.60 770.40 808.80 849.60 892.00
698.40 733.60 769.60 808.80 848.:80
791.20 830.40 872.00 916.00 961.60
264.00 277.60 291.20 305.60 320.80
940.00 987.20- 1036.00 1088.00 1142.40
1172.80 1231.20 1292.80 1357.60 1425.60
964.00 1012.00 1063.20 lll6.00 1172.00
939.20 986.40 1035.20 1087.20 ll41.60
808.00 848.80 891.20 935.20 982.40
682.40 716.80 752.00 789.60 829.60
836.00 877.60 921.60 968.00 1016.00
564.80 592.80 622.40 653.60 686.40
851.20 893.60 938.40 985.60 1034.40
1034.40 1086.40 1140.80 1197.60 1257.60
648.80 681.60 715.20 751.20 788.80
1202.40 .1262.40 1325.60 1392.00 1461.60
1036.00 1088.00 1142.40 1199.20 1259.20
-1-
Salary Ranges Effective July l, 1978
~o'~~ Unit 'I
CLASSIFICATION RANGE
City Planner 1205
Communications Supervisor 917
Deputy Fire Marshal 770
Director of Community
Development 1295
Di rector of Fi nance 1295
Director of Parks and
Recrea t i on 1295
Director of Public Services 1466
Equipment Ma intenance
Supervisor 940
Finance Officer/Audi tor 1090
Fire Battalion Chief 939F
Fire Captain (Paramedic) 828
Fire Chief 1293
Fire Marshal/Battalion
Chief 984
Fire Training Officer 850
Harbor Mas ter 853
Library Administrator lll8
Park Superintendent 895
Police Captain lOlO
Police Lieutenant 938
Police Records Supervisor 754
Police Sergeant 789
Public Works Supervisor 799
Public Works Supervisor/
Electrical 799
Purchasing Officer 837
A
964. O0
733.60
616.00
1036.00
1036.00
1036.00
1172.80
752.00
872.00
751.52
662.40
1034.40
787.20.
680.00
682.40
894.40
716.00
808. O0
750.40
603.20
631.20
639.20
639.20
669.60
Bi-WEEKLY SALARY
B C
lO12.00 1063.20
770.40 808.80
647.20 679.20
D
1116.00
849.60
712.80
E
1172.00
892.00
-748.80
1088. O0 1142.40 1199.20 1259.20
1088. O0 1142.40 1199.20 1259.20
1088.00 1142.]40 1199.20 1259:20
1231.20 1292.80 1357.60 1425.60
789.60 828.80
9l 6. O0 961.60
789.60' 828.80
695.20 730.40
1086.40 1140.80
870.40
1009.60
870.24
767.20
1197.60
911.20
787.20
789.60
1035.20
828.80
935.20
868.80
698.40
730.40
740.00
826.40 868. O0
714.40 749.60
716.80 752.00
939.20 986.40
752.00 789.60
848.00 891.20
788.00 827.20
633.60 664.80
662.40 696.00
671.20 704.80
914.40
1060.00'
913.92
804.80
1257.60
956.80
826.40
829.60
1087.20
870'.40
982.40
912.00
732.80
767.20
776.80
671.20 704.80 740.00' 776.80
703.20 738.40 775.20 813.60
-2-
Sa.%ary Ranges Effective
,~'or unit 1
CLASSIFICATION
Recreation Supervisor
Senior Planner
Superintendent of Public
Works
Superintendent of
Sanitation
Swimming Pool Manager
Zoning Administrator
July
l, 1978
RANGE
772
928
1090
1064
651
1038
A
617.60
742.40
872.00
851.20
520.80
830.40
'BI-WEEKLY SALARY
B C D
648.80 680.80 715.20
779.20 818.40 859.20
E
750.40
902.4O
9l 6. O0 96l. 60 1009.60 1060. O0
893.60 938.40 985.60 1034.40
547.20 574.40 603.20 632.80
872.00 915.20 961.60 1009.60
-3-
EXHIBIT C
CITY OF SOUTH SAN FRANCISCO
EDUCATION INCENTIVE PAY PLAN
COMPROMISE
POLICE DEPARTMENT
1. Three years minimum service and 60
accredited units, Associate Arts
Degree, or P.O.S.T. Intermediate
Certificate in related education
within the scope of the Administration
of Justice.
- Plus 5%-
2. Completion of seven years of service
with the City of South San Francisco
Pol ice Department.
- Plus 2~%-
3. Completion of seven years of service
and 60 accredited units, Associate
Arts Degree, or P.O.S.T. Intermediate
Certificate in related education
within the scope of the Administration
of Justice.
- Plus 7½%-
4. Completion of fourteen years of service
with the City of South San Francisco
Pol ice Department.
- Plus 7½%-
FIRE DEPARTMENT
1. Three.years minimum service and
40 accredited units or Associate
Arts Degree in related education
within the'scope of Fire Science
or Fire Technology.
- Plus 5%-
2. Completion of seven years of service
with the City of South San Francisco
Fire Department.
- Plus 2~%-'
3. Completion of seven years of service
and 40 accredited units, or an
_ _
Associate Arts Degree in' related
education within the scope of
Fire Science or Fire Technology.
- Plus 7½%- ~
4. Completion of fourteen years of
service with the City'of South San
Francisco Fire Department.
- Plus 7~% -
Employees from both departments .have from their third year to their fourteenth year to
qualify for the 5% for education. If by their fourteenth year.they have not done so,
they are given that 5% at the completion of their fourteenth year.
However, step no. 4 will only apply to those employees presently with the Police or
Fire Departments, and not for any employee hired after the effective date of this
plan.
This compromise agreement was reached on August 3, 1969 and is mutually agreeable to
both the Police Department and the Fire Department.
-1-
Those eligible for the above described plan are' all firemen and all sworn police
officers, the police technician and clerk and matron dispatchers. Excluded from
the plan are police steno clerks, secretary, park.lng enforcement officer and
communication clerk.
All those eligible for the plan are no' longer eligible for the previously adopted
longevity pay program, i.e., $5.00 a month extra after 15 years, etc.
Effective date- July l, 1969.
-2-