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HomeMy WebLinkAboutReso 135-1980RESOLUTION NO. 135-80 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM OF UNDERSTANDING, UNIT I, MANAGEMENT, JULY 1, 1980 - JUNE 30, 1981 BE IT RESOLVED by the City Council of the City of South San Francisco that the Memorandum of Understanding with Unit I, Management, July 1, 1980 - June 30,' 1981, a copy of which is attached as Exhibit "A" and incorporated herein by this reference as set forth verbatim, is hereby accepted and approved. BE IT FURTHER RESOLVED that the City Clerk be and is' hereby authorized to endorse on Page i and Signature Page of said Memorandum of Understanding "Approved by Council Resolution No.135-80, the fol lowing' adopted November 19 , 1980" 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 19th day of November , 1980, by the following vote' AYES: NOES: ABSENT' Councilmen Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte; and Gus Nicolopulos None Councilwoman Roberta Cerri Teglia City Clerk MEMORANDUM OF UNDERSTANDING UNIT I - MANAGEMENT July 1, 1980- June 30, 1981 "Approved by Counci 1 Resolution No. 135-80, adopted 11/19/80" 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. City and Unit I representatives agree and acknowledge that negotiations for salary increases and benefits for fiscal year 1980-81 commenced prior to July 1, 1980, and the parties contemplated that any pay increases and/or benefits pursuant to the Memorandum of Understanding for fiscal year 1980-81 would be effective as of the pay period which includes Julys1, 1980. 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, 1980 to June 30, 1981, 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 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 terms of this Memorandum of Understanding and shall run concurrently with the period for which the 2% @ age 50 public safety retirement benefits are applicable to eligible Fire and Police Department members of Unit I, in accordance with -1- Personnel Rules and Regulations, including those adopted after the effective date of this Memorandum. 2. Salary. a) Commencing with the pay period which includes July 1, 1980, there will be an increase of seven percent (7%) in the base salary range of each current employee in Unit I. A member as of July 1, 1980, who thereafter left the service of the City through a service or disability retirement, shall receive said increase to and including the effective date of said retirement. b) Commencing with the pay period which includes January 1, 1981, there will be an increase of two percent (2%) in the base salary range of each current employee in Unit I, except for current employees in the following classifications: Fire Chief Fire Battalion Chief Deputy Fi re Marshal Assistant Fire Chief Fire Marshal Paramedic Captain (Coordinator) Fire Training Officer c) Commencing with the pay period which includes July 1, 1980, special adjustments shall be made in the base salary of the following classifications: CLASSIFICATION Chief of Police Fire Chief Assistant to City Manager City Librarian Assistant City Attorney Superintendent of Public Works Chief Building Inspector PERCENTAGE 5% 5% 5% (5)% 3.5% 2% 11% -2- CLASSIFICATION Superintendent of Sanitation Assistant Fire Chief Pol ice Capatin Fire Marshal Fire Battalion Chief Pol i ce Lieutenant Equipment Maintenance Supervisor Purchasing Officer Senior Building Inspector Chief Plant Operator Fire Training Officer Paramedic Captain Park Supervisor Public Work Supervisor Public Work Supervisor/Electrical Recreation Supervisor Police Records Supervisor Supervisor Chemist Deputy Fire Marshal Building Maintenance Supervisor Swimming Pool Manager d) Exhibit "B" entitled "Salary PERCENTAGE 8.3% 8% 8% 4.1% 8% 8% 4% 9.7% 12.2% 7.5% 8% 8% 8.3% 8.3% 8.3% 8.3% 5.8% 12.2% 10.0% 8.7% 5% Ranges Effective July 1, June 30, 1981 for Unit I," attached hereto and incorporated herein, the ranges which reflect the above mentioned increases. 1980 to sets forth -3- 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 11th (8) Fourth Thursday in November (9) Fourth Friday in November · (10) December 24th (four hours) 11) December 25th 12) December 31st (four hours) (13) One Discretionary Holiday* (New Year's Day) (Washington' s Birthday) (Memorial Day) (Independence Day) (Labor Day) (Col umbds 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 aiscretionary holiday is not 'taken. . (b) ~(oliday 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. -4- Employees assigned to continuous operations (except as provided below) 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 worked. Fire · Battalion Chiefs shall receive as holiday pay an additional ten and seven tenths percent (10.7%) of their bi'weekly base rate of compensation for each-authorized full day holiday and three and thirty-five hundredths per- cent (3.35%) for each authorized half day holiday occurring within any §iven bi-weekly pay period. Personnel scheduled to work on a City holi.~ay 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 receivi~§ compensation from other City related sources. An employee unable to work a holiday due to illness or to an injury unrelated, to the job shal1 also be compensated'for the holiday pursuant to this provision pro. vialed that he submit to the Department Head a doctor's certificate verifying l~he 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 com- prehensive, intergrated 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 Employe.es' (1) All full-time permanent and probationary employees in Unit I, except safety members of the Police and Fire Departments, shall -5- r ,. 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 empl. oyee is entitled to receive from Workers' Compensation or other income supplements arising by reasons of employee's employment by City. In addition, dur. ing said ninety (90) calendar days, City will provide previously a§reed 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 sal. ary after . .the expiration of the ninety (90) calendar days described above. ' (2) After the expiration of ninety (90) calendar days from the commence- ment of sick leave for a given disability or illness, the City ~ili 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 sep. arati6n. (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 co~encement 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. (4) After the expi'ration of three hundred sixty-five (365) c~lendar 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-iyerm disability benefits under the long-term disability policy beyond the three hundred sixty-five (365) calendar day period. -6- (b) Safety Employees -.Police and Fire Depart~entsr (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 defin6d' in . .. Section 4.2 (5)(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 commehce- · ment of either .a work-connected or non.-worko,~gnnected disa~ili.ty, 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's 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 th~ 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 -7- commencement of either a work-connected or non-work-connected disability, the City shall review the disability and make. the applicable Jeterminations 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)o the employee should be retired for disability; or {c) the employee should be granted a leave of absence fol' an original period not to exceed three hundred sixty-five (365) calendar days: vlhich period is subject to a reasonable extension. If City determines that the dis~b.ilitY 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' (l) 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 · o 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 benfit~. From the effectiv'e date of the disability retirement and thereafter to the age limits set forth · , 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 -8- 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 receivethe 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 o 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, incluaing but . not limited to the eligibility to receive the long-term disability benef, its. If t~he 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 longL'term disability benefits, in accordance with the terms and condi.tion:s'Of the 'policy~ from and after expiration of said ·Labor Code benefii~ to the terminatio.n 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, dental and life insurance up to the date of said disability retirement or termination datj 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 incap~acitates the employee for performance of duty and is permanent and stationary; (b) the employee should be granted a leave of absence -9- (( 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 ~ncapacitated for the performa, nce of duty .and the disability is permanent an~ stationary, the City may retire the employee for said ~isability or otherwise separate said employee from the City's service and the employee is eli§ible to receive the'long-term disability benefits in accor, dance wi'th~ the : terms and cqnditions 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 pleriod of . o 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 lon§-te~6i aisability 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 ne~ . . · sick leave benefit set forth in paragraph 4.2 and the severa.1 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 -10- discretion of the employee. The employee must suffer an actual personal illness or disability which necessitates his absence fr~m 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.~n para§rapl~ 4.2 and the subsections thereof'is the only compensatio: for sick leave which the City. will pay. . . . (a) ..'Th4 employee must notify his' or her immediate supervisor prior to the commencement of the daily work period for ~.~hich compensated~i.sick · leave is sought; provided that those employees serving on shift assignme, nts must notify superiors prior to the shift in accordance with departmental policy; (b) Each employee on s'ick leave must produce evidence satisfactory to the City describing the nature of the illness and such evidence may be . in the form of a' p'a~sonal affidavit or shall be in the form of a certification ._ by a medical doctor if requested by a Department Hehd w~th 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 disabil.ity; 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 returnin~ to work, a certification by a .medical doctor describin§ the natur6 and extent of the illness or disability and confirmin~ that the employee has fully recovered and is able to perform regular work without any restrictions. 4,4 Sick Leave Accumulation. Termination and Payment. Be§inn~n§ w~th the pay per~od that includes July l, 1977, employees shall not be entitled to accumulate unused sick leave as provided in the Personnel Rules and -11- Regulations existing as of June 30, 1975 and previous Memoranda of Understanding. 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. Compensation for accumulated sick leave shall be payabl.~e at the time of separation or at a later date so elected by the employee, but within one year of such separation. 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 supercede the percentage described here- in. 5. Medical Appointments. Employees 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. -12- b) 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 a fully paid health insurance plan at the current benefit level for permanent full-time employees and their eligible dependents. Said employees will also have the option to select health plans known as the Kaiser "S" Plan or the Bay Pacific Health Plan. b) Dental: The self-insured program of dental care benefits exiS. ting as of April 1, 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. -13- 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: Length 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 LongeVity Pay/Monthly $1o $15 $20 $30 $40 $50 $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." 10. 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. 11. 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. -14- 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 classification 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 day service. 14. Retirement. a) Retirement Plan: The benefit contracts in effect between the City and the Public Employees' Retirement System (PERS) in behalf of eligible employees as of April 1, 1979, except as modified in sub-section (b) below, -15- shall be continued during the term of this Memorandum: 1. Non-Safety Members - 2% at Age 60 Formula. 2. Safety Members (Sworn Police and Fire) - 2% at Age 50 Formula. b) Retirement Plan. Modification: Fire Personnel; In lieu of receiving the two percent (2%) salary adjustment provided for in Section 2(b), the City agrees to amend its contract with the Public Employees' Retirement System to Provide the "One-Year Final Compensation" option for Fire Management personnel effective January 1, 1981. c) 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 for a 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 retire- ment. 15. Management Administrative Leave. Commencing on January 1, 1981, all permanent full-time employees shall be entitled to forty (40) hours per fiscal year (during the term of this Agreement, said employee shall be entitled to twenty (20) hours of leave, January 1, 1981 to June 30, 1981) of Management Administrative Leave without loss of pay, subject to prior approval of scheduling by their department head. Such leave may not be accumulated. Employees will be entitled to be paid for said unused hours at their regular base salary in accordance with a procedure established by the Director of Finance. The City Manager may grant additional leave hours which are not subject to the payoff conversion provision if, in his sole judgment, the circumstances so warrants. -16- 16. Social Security. City agrees to commence the procedure to discontinue Social Security coverage provided no final action shall be taken regarding said discontinuance unless same is approved by a majority of all the employees included in Social Security. 17. Employees Covered. The provisions of this Memorandum apply only to the employees represented by Unit I - Management. 18. 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 severence 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. 19. 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 19th day of November , 1980. C~~'S REPRESENTATIVE~ "Approved by Council Resolution No. 135-80 adopted November 19, 1980" EMP~EES '~ REP~ENTATI V ES -17- RFc.q, il-,-- -o~:u~,u:~ j"~g. 3.73-77 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA · .A RESOLUTION APPROVING AND ACCEPTING AMENDMENT 3-77, UNIT 1, NANAGENENT, JULY 1, 1975 - JUNE 30, -]978, AS ANENDED, 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 o.f Un'derstandin,~_. . .o The I~ity Council hereby approves and accep, ts the Amendment enti tl ed "Amendment 3-77 'to Memorandum of Understan~ling., Unit I -. ~anage- merit, duly 1, 1975- .June 30, 1978, as Amended, Adding Surviving Prov~s~ons", a copy of'which Amendment is attached hereto as EXhibit "A". 2. £ity Clerk's Endorsement. The City Clerk be and he is hereby ~thor~zed to endorse;- date '.:ode - and initial the following' . . 2.1 On the Memorandum of Understanding, Unit I - P, anagement - duly 1, 1975 - June 30, 1978, page 2 at subparagraph 2Cc), place an asterisk, and at the bottom of the page endorse - the follm'.fing words' "*-Subparagraph 2(J) amended. Refer to Amehdment 3-77. ( o~eober 5, 1977/AAR. )" · 2.2 On Amendment 1-77 to Memorandum of Understanding, Unit 1 - Management - duly :I, 1975 - dune 30, 19'78, page 1 at paragraph 2, place an asterisk, and at the bottom of the page endorse the following ~.~ords- "*Paragraphs 2 and 3 amended. Refer to Amendment 3-77. (.oceo,bez- 5, ~977/AAR.)" hereby certify That The foregoing Resolution was regularly introduced and adoPte~ by the City' Council of the City of South San Francisco at a regular meeting held on the · AYES · · by the following vote:. '' ' COUNCILMEN Will,am .A. Borba. Emanuele N. Damonte, . · Terrg J. l~rri an~ Leo Padred~ii NOES, " ABSENT, " Richara A. Battaglia ATTEST·. · '~dc · · -_ '/s/ Arthur A. Rod°nai City 'Clerk STATE OF' CaL!FQ~.:;iA i COUNiY OF SA:~ M'~F-'_0 ) ], ART~fUR A. RODO~D!, ~t7 CktR o~ ~ City of Co, nell th~r~L ~o b:~by ~rCfy ~at ~ ab~'/t an~ f~rc~lng ~p~f d ~h.:.en. %':L~ t~.. ~.'c~n?l.. ,, ~ Ciky of S',~th ~n F~anc;~c) tl,i~ltht,~y o[Octobe~lg. C{:r2 on'~ E~-officb Ci.rk ,>~qt ~iLy Coundl o~ City Frand:c9. CitJ ~ ......................... ~,- '. 3-77 MEMORANDUFI OF UNDERSTANDI~IG, UNIT 1 - · ~4ANAG EMENT JULY 1, 1975 - JUNE 30, 1978 AS AMENDED Adding Surviving Provisions : RECITALS ' · .. ~ CI'I~ O1~ SOUTH SAN' FRANCISCO (hereinafter Cit.¢) and Unii;' 1~ - · _ Management {hereinafter' Unit 1), on June 30, 1975, executed a Memorand'ura 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, 1~5, and 'said Memorandum of Understanding was amended by Amendment 1-76 ~dted on December 7, '1976> and approved and accepted by City Resolution-172'76 adopted' December 1$, · 1976. UNIT I 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 ] executed Amendment 1-77 to 75-78 to .include a 2% @ Age 50 Retirement Formula for Fire Department man- . a§ement personnel only which paralleled the provisions of the Memorandum of Unders~andin§ with Unit 6 entitled "Memorandum of Understanding, Unit . 6 - International Association of Firefighters of America, Local 1507> . AFL-CIO, July !, !976- 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 lle~ Base Sal- ary for Fire Department management personnel for' fiscal year ]L977-~8~ to be effective on June 24, 1977, and additional matters set forth, i~'sai~I Amendment. ,. I[l 1977 CITY and Unit 1 commenced negotiations tO further amend 75-78 for. inclusion of a 2% @ Age 50 Retirement ~ormula 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). IHE COST OF LIVING adjustment payable Jun,% 24, 1977, for fiscal year 1977-78, is one of the factors to be used in :,~,9~puting the .[lew Base Salary for Fire Department management personnel in accordance with Amendment 1-77 .and a New Base Salary for Police Department management persohn~l if 75-78 is further amended to include a 2% @ Age 50 Retirement Formula for - said personnel. The other 'factor is a ?ERS Actuarial Valuation )yhich as of June 22, 1977, had not been received. ~he parti, es,' therefore, on June 22, 1977, executed Amendn~ent 2-77 to M/U 75-78, ~.~hi. ch ~,~as 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 ~endment 3-77. ~HE PERS ACTUARIAL VALUATION consisting of (1) Public Employees' Retiremen.t System Actuarial Valuation Report'dated June 8, 1977, signed by Kisuk Yang, Chief Actuary, which shows in subsection Da the present 2~ rate and July 1, '"~, · ~, rate for public safety employees ~ ~ 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~ @ Age 50 Retirement Formula, has been received and the parties now-desire to amend-paragraph 2 of I4/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 )(e)~ Base Salary 'and related retire- mest provisions :for Unit !Poiice Department personnel, provide for related ., matters and continue in. effect all other provision~ of said 'I. Iemorandum of Unaerstanding, ~opies of said Valuation are on file in the offices of · the City Clerk and Director of Finance. ' · CITY AN~ UNIT 1 ACKNOWLEDGE and affirm tha_% they have met.and con- . . · ferred in §ood faith .and .in all respects ful'~.:i,lted their obligations under law to meet and confer in §°od faith regarding this /¢aendment 3-77 'to M/U 75--78. Representatives of the City have a~reed to present this ~endment 3-77 to the M/U 75-78 to the City Council for approval and representatives o of Unit ! have agreed to present same to their members for appro, val and o acceptance. . .. IN CONSIDERATION OF THE AF. OREGOING PROVISIONS AND ~HE COVENANTS AND CO)~DiTIONS HEREINAFTER SET FORTH, IT-IS AGREED AS FOLLOWS- 1. Amendment-of Paragraph 2 of I4/U 75-78 and Amendment 1-77 to M/U 76-78.. . Paragraph 2 of N/U 75-78 is hereby amended to add 2(O)lWhich reads as follows and supersedes paragraph 2 of bm~endment 1-77' 2(d) Retirement and Salary Relationship - Total Compensation. Fire and Police Department members of Unit I desire to obtain the substantial 3~ benefits of the 2% @ Ase 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 ~ 0 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- riel, all at an agency'contribution rate-City is presently williilg .-. to pay ~hen' considered in.relation to dost of salaries and'other benefits which constitute total compensation, and (2) in accord- ante with applicable retirement laws, such amendment ~ill cause City to incur an increase .in the agency contribution rate lteor, ail ..' public safety personnel {fire and police}, ~thich increase in cost of total compensation (including but not li~lited to. salaries, retire- ment and other benefits).City is unwilli~g~-~o' incur. Members of Unit for the purpose of establishing .a reasonable City cost for sa:ici total c~mpensation, and, therefore, to induce City to so amend the PERS contract (1) propose and agree, pursuant to Government Code Section 350D, 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 condit-ion precedent to the PERS contract amendment~ and {2) make the repr. esen- rations described below as the basis for a condition precedent which City may require prior to' the PERS contract amendment. ~ew Base Salary. 2(d).l.l Established in Fiscal Year 1977-78. A New Base Salary for fire and police personnel repre- sented by Unit 1 is hereby established same to be effective 2(d).1.2 on ..v.~;~,,,,~o-_..~,_, ~, ', 29?? . Said I{ew Base .Salary shal I be computed as follows- (1) Add to each sa~d fireman's and police officer's 1976-77 bi-weekly salary range 6.5~ thereof, which is the annual percentage chan§e in cost of living as reflected in the Bay Area Cost of Livih9 · Index for the preceding completed annual index period {April 1976 to April 1977) and' {2) then deduct from · . .. ~:hat total 7.4t~% thereof, said perce'nti/ge beinfl the net difference between City's total compensation cost pur- suant to the ½ @ age 55 Retirement 'Formula and 2% @ . Age 50 Retirement Formula for public s. afel~y PERS members. Significance and Use of New Base S~lary for ·Fire and Police Department Members of Unit I - Survival of Provision. This proVision states the sign.~f, icance and use of 'the New Ba~e Salary for"Fi"~' and Police Department' members of Unit 1, also referred to as Base Salary, established pursuant to paragraph 2(d).l.1 of this Memorandum of Understanding for future related actions. ~his provision o shall survive the term of this Memorandum of' Understanding and shall 'run concurrently with ~he period fo~ which the 2% @ Age 50 Public Safety Retirement Benefits are appl~- cable to el. igible Fire and Police Department member's 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 follow, n9 sub-paragraphs may be read in conjunction with one or more of the other sub-paragraphs and with this Memorandum of Understandin~ to interpret this p.rovision. (a) Unit I Fire and Police Department members' ~;e~ Base Salary shall be the salary established pursuan.t to paragraph 2(d).i.1 of this Memorandum of Understand-' ' .. in9 and chan§es therein in subsequent years or other limes by Memorandum o{ Understanding' or-otherwise shall be designated. "~nend~d Base ~alary.!' o ,. (b) Changes in 'said Base Salary or AmJnded Base salary, l'whichever is applicable, shall' not be based on the' · fact the deduction .set forth in p?ag.r.aph 2{d}.l.1 of this Mem6randum of Understanding' was made to' o compute same or based on the amount of sai'd deduc- tion. City may refuse to consider the' fact of Said . deduction or the amount'~[~r~of 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 l.leyers-Milias-B~ovln Act (Government Code Section 3500, et seq.). (c). The said Base Salary or Amended Base Sala{~y, ~,~hich- ever is applicable, results in a comparison d~ffer] 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 6~ e. it shall .~..at serve as the sole basis for negotia- tions related to Fire.Department or Police Department ~Jnit 1 members' salary benefits or other terms and conditions of employment or increases or adjustment to equal or approximate salaries,..benefits or ot~er terms and conditions of emplpyment t=or other members of · Unit Il., other C~t~,'.departments or comparable agencies,' · or to otherwise increase said salaries. If the son d~fferemce equals or is less tha, t~e Fire Depart- ment or Police DePartment Unit 1 members' Said centage share as-above prov~e~, .City ma~ refuse to consider same as a. basis t~or increasing the Base Salary or Amended Base Sal~y, and said refusal shall not be deeme~ a re~l' to mee~ anc~ confe~ . good faith-or otherwise violative of the-laeyers-~.~ilias- Brown Act (Government. Code Section 250D, et seq.). (d) If an increase by reason of cost'of living or oth. er- · ~¢ise is authorized by an approved Memorandum of ~Jnderstanding or otherwise, said ~ncrease in an. amount or percentage sha~l be applied to the Fire Department or Police Department Unit 1 members' 'Base Salary or Amended Base Salary, ~hichever '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 1~ Fire Department or ~olice Department, or all departments> the amount 7. of decrease or adjustment or percentage thereof shall be applied to the Fire Department or Police Department Unit 1 members' Base Salary or Amended Base Salary, whichever is then in effect, . 2{d).1.3 Assurances by Fire and Police Department Members of- Unit 1. · ' In addition to the acceptance and approval of p~ragraph -. ~ and s. ubpara§r'aphs thereof of this 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 Exhibit A and incorporated herein by this reference as if set forth verbatim. Fire and Police Department. member~ of Unit l'appointed after the effective 'date of .this Memorandum of Understanding shall subscribe · . . to a similar Acceptance and Assurance as a term and con- ... dj%ion of' employment. 2(d).2 I City Agreement to Amend the PERS Contract. City,'actin~.on the inducements, assurances and r,epresenta- tions hereinbefore set forth, shall amend the PER~ contract 'to provide the 2% @ Age 50 Publ.ic. Safety Reti'rem~nt For- mula for Fire and Police Department members of Unit I when all of the foliowing 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, IS or 6 have executed the Acceptance and Assurance and same has been attached hereto as Exhibi t 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 fo~ ·those Units, ~hich Acceptance and Assurance shall ba 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 'N.e~¢ Base Salary. . In accordance with M/U 75-78 and /~men~d~ent '1-77, June'24, 1977, · was set as the date for application of the 6.j?~ac.ost of living adjustment to Unit I firemen and police officers'- 1976-77 base pay, and computation .of the [tew Base Salary. City and Unit 1,. pursuant to Amendment 2-77~ deferred payment of said adjustment and computation. ~h.e Iiew Base Salary .. having 6een .computed and the date for establishment having been dete~:- . · · mined, the parties a~ree that each fireman and police' officer .represented by Unit 1 shall receive 6.5% of the total salary paid said fireman or officer at the 1976-77 rate between June 24;' 1977, and. the effective date 'of the Nei~ Base Salary, applying said perce~ta§e as same would-be applied ' .. to salary ranges. Payment shall be made on or before December 29, 1977. 3. Effect of This Amendment. ~his 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 H/U 75-78. EXHIBIT "B" SALARY RANGES FOR UNIT EFFECTIVE' JULY 1, 1980 to I, MANAGEMENT JUNE 30, 1981 CLASSIFICATION Accountant Accounting Officer Administrative Aide Administrative Assistant Administrative Assistant to City Manager Administrative Assistant to City Manager/Personnel Assistant City Attorney Assistant to City Manager Assistant City Manager Assistant City Engineer Assistant Director of Public Works Assistant Fire Chief Assistant Planner Associate Civil Engineer Building Maintenance Supervisor Chief Building Inspector Chief of Police Chief Treatment Plant Operator City Attorney City Planner City Librarian EFFECTIVE 7/1/80 RANGE 919 919 853 1064 1013 1148 1321 1431 1700 1398 1362 1323 989 1212 953 1370 1575 1087 1795 1398 1231 EFFECTIVE 1/1/81 RANGE 937 937 870 1085 1033 1170 1347 1459 1734 1426 1389 1323 1009 1236 972 1397 1606 1109 1831 1426 1256 CLASSIFICATION Commu n i ca t ions Deputy Fire Director of Director of Director of Director of Supervisor Marshal Community Development Finance Parks & Recreation Public Serivces/ City Engineer Equipment Maintenance Supervisor Fire Battalion Chief Fire Captain (Paramedic) Fire Chief Fire Marshal Fire Training Officer Library Admi ni strator Park Supervisor Personnel Director Police Captain Police Lieutenant Police Records Supervisor Principal Librarian Public Works Supervisor Public Works Supervisor/Electrical Purchasing Officer ReCreation Supervisor Senior Building Inspector Senior Planner EFFECTIVE 7/1/80 RANGE 1064 982 1502 1502 1502 1700 1134 1200 1058 1575 1211 1086 1296 1004 1307 1323 1199 968 1043 1004 1004 1145 1004 1171 1077 EFFECTIVE 1/1/81 RANGE~ 1085 982 1532 1532 1532 1734 1157 1200 1058 1575 1211 1086 1322 1024 1334 1349 1223 988 1064 1024 1024 1168 1024 1194 1098 -2- CLASS I F I CAT I ON Superintendent of Parks and Landscape Superintendent of Public Works Superintendent of Sanitation Superintendent of Water Qual i ty Control Supervisor Chemist Swimming Pool Manager Water Qual i ty Control Maintenance Supervisor Water Quality Control Operations Supervisor EFFECTIVE 7/1/80 ~ RANGE 1234 1289 1337 1337 1022 794 1041 1087 EFFECTIVE 1/1/81 RANGE 1259 1315 1363 1363 1043 810 1062 1109 -3- IN ~4ITNESS WHEREOF, the.parties hereto have executed this Amendme~t_ . 3-71 to Unit l's said 14emorandum of Understandin[l'On the 5t:/~ _day of Oeeo~r 1977 CITY'S REPRESENTATIVE · · 'C.. WaltEr Birkelo ~2%-' City l. lanager : .: . ~ES' REPRESENTATIVES,..... - ~_ · '--".__. · ~ 10,