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
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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%
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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
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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
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(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.
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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
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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
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(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
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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
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contained therein, for the payment of two-thirds (2/3) of base sal. ary after
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.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.
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(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
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disability is a residual category and is defined as any. injury, or.illness
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that does not qualify as a Work-connected disability, as defin6d' in .
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Section 4.2 (5)(1)(a).
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(2) Full-time permanent and probationary safety employees in
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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-
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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
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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
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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
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
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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
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disability payment the employee is entitled to-receive from Worker's
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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
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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 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
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said benefit is in lieu of any temporary disability payments the employee
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is entitled to receive from Worker's Compensation or other income sources
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existing by :reason'of the employee's employment by .City, incluaing but
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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
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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 ~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
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employee is incapacitated for the performance of duty but the medical
prognosis, indicates an ability to return to duty Within a pleriod of
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three hundred sixty-five {365) calendar days or a reasonable extension
thereof, then the City may grant the employee a leave of absence for
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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~
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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
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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. . .
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(a) ..'Th4 employee must notify his' or her immediate supervisor prior
to the commencement of the daily work period for ~.~hich compensated~i.sick
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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
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in the form of a' p'a~sonal affidavit or shall be in the form of a certification
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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
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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.
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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.
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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:
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.
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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 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,
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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.
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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
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RFc.q, il-,--
-o~:u~,u:~ j"~g. 3.73-77
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
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.A RESOLUTION APPROVING AND ACCEPTING AMENDMENT 3-77, UNIT 1, NANAGENENT, JULY 1, 1975 - JUNE
30, -]978, AS ANENDED, ADDING SURVIVING PROVISIONS
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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,~_.
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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. )"
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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,.....
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· '--".__.
· ~
10,