HomeMy WebLinkAboutReso 133-1981RESOLUTION NO. 133-81
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION ACCEPTING AND APPROVING
MEMORANDUM OF UNDERSTANDING· UNIT #8
SOUTH SAN FRANCISCO CONFIDENTIAL
EMPLOYEES, JULY I, 1981 - JUNE-30,
i 982.
BE IT RESOLVED by the City Council of the City of South San-Francisco.
that the Memorandum of Understanding with Unit 8, South San Francisco
Confidential Employees, for the 'period ~luly I, 1981- June 30, 1982, a copy
of which is attached as Exhibit "A" and incorporated herein by this reference
as if sei-forth verbatim, is hereby accepted and approved.
-BE 1T FURTHER RESOLVED that 'the. City Clerk be and is hereby authorized
to eis~lo~se"on Page ! and Signature Page of said Memorandum of Understanding
the following:
"Approved by City Council Resolution No] 133-81 adopted
November 4th
· 1981"
! 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 ~ieeting held'on the 4th day of November , 1981, by
~h,e roi lowing vote:
AYES: Councilmen Ronal'd G. Acosta, Mark N. Addieg0, Emanuele N. Dam0nte,
Gus Nicolopulos; and Councilwoman R0berta Cerri Teglia
NOES: None
ABSENT: None
CITY CLERK~
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SOUTH SAN FRANCISCO
AND
UNIT 8 - CONFIDENTIAL EMPLOYEES
JULY 1, 1981- JUNE 30, 1982
TABLE OF CONTENTS
SECTION
preamble
1. Term
2. Salary
3. Holidays '
4. Sick Leave
5. Medical .Appointments
6. Emergency Family Leave
7. Insurance
· 8.- .. L°-ngevi ty Pay Plan
·
9, Workday/Week
10, ,Deferred ComPensation
11. Vacation
'12. 'Retirement'
13,: Administrative Leave
14. Flex Time
15. Overtime
16, Temporary Upgradi.ng: Like Pay for Like Work
17. Education Incentive Pay
!8, Physical Fitness Pr. ogram
19. Employees Covered
20. Modification
21. Dispute
EXHIBIT 'iA" - Pay Range Numbers
'PAGE 'NUMBER
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2
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8
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PREAMBLE
THE CITY OF SOUTH SAN FRANCISCO (hereinafter, City) and Unit 8, · ..
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Confidential Employees {hereinafter' Unit 8}, acknowledge and affirm that
they have met and conferred in good faith, exchanged proposals and counter-
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proposals and in all respects fulfilled their obligations under law to meet.
and confer in good faith.
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CITY and Unit 8 Representatives acknowle, dge that '(1) prior to July 1,
1981, the parties commenced negotiations for salary increases and benefits
for fiscal year 1981-82; {2) retroactive pay and benefits'and the effective
date"thereof~ were included in-Unit 8 demands; {3)lUg)on expiration of the
Memorandum of UnderStanding for'fiscal year 1980-81, members of Unit 8
continued td work during the n. egotiati.ng period in absenCe of any contract
with the understanding that the effective date of the negotiated salaries
..and .benefits Would be determined in the final n. egotiated .agreement; and (4)
negotiations have been completed and the members of Unit 8 have .agreed to
accept the negotiated wages and benefits'hereinafter set forth for fiscal
year 1981-82 and the effective dates as therein provided.
THIS ~'IE~.4ORANDUM OF UNDERSTANDING is the product of t'he above-described
meet-and confer process. Representatives of the'City have .agreed t° present
this Memorandum'to the City Council for determination and Representatives of
Unit 8 have .agreed to present .this Memorandum to their membership for accept-
ance and approval.
"Approved by' City Council Resolution No. 133-81
adopted November 4th, 1981"
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1. Term. The term of this Memorandum of Understandi.ng shall be -from
July 1, 1981 to.June 30, 1982, at which time all .agreements,'understandi.ngs,
provisions and conditions contained-herein shall terminate.
2. Salary.
A. Commenci.ng with the pay period whichlincludes July 1, 1981, the
1980-81 base salary for current members Shall be increased by three.percent (3%).
A member as of July 1, 1981, who thereafter left the service of the City through
a service .or disability retirement, shall receive said three percent (3%) increase
to and including the effective date of said retirement', Exhibit "A" entitled
"Salary Ranges Ei~fective July 1, 1981 for Unit 8," attached hereto and .incorpOrated
herein, sets forth the salary'ranges which reflects said increases.
B. Commenci.ng with the pay period which includes July 1,' 1981, the
City .agrees~to assume the-payment of seven percent'(7%)of .the employee's base
salary to PERS in lieu of the.employee's contribution.. For" clarification , the
employee's contribution to PERS will be reduced by'the'City .from seven percent
(7%) to zero percent · (0%). The City' s assumption of the ~mployee's payment to
PERS shall be under the authority~ of this Memorandum of Understandi.ng' and any
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applicable government code provisions which permit this'payment~'Wi'thout amendiong
the retirement contract with PERS. A member as of July 1, 1981, who thereafter
left the service 'of the C'ity through a service or disability~retirement, shall
receive said benefits of this Parabraph (B) to and includi.ng the effective date
of said retirement.
C. It is understood that employees who are, or will, retire with a
service or disability retirement, shall be allowed to make a one-time, irrevocable
conversion of the City's contribution, being made on their-behalf, to base salary.
The conversion shall be to the range number specified in "Exhibit A," as attached,
under the column entitled Retirement Range.
Employees who wish to exercise this one-time, irrevocable Conversion,
must meet the following requirements'
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1.' SERVICE RETIREMEN_T.,' Minimum forty seven (47) years of
.age, and Will be retiri.ng no later than three {3) years
from date of conversion.
2.' 'DISABILITY'RETIREMENT. ~(Industrial or Non-Industrial)
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Eligible for disability retirement with conversion to
take place one day prior to the"actual date of retire-.
merit, or 'the date upon which an employee is determined
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to be permanent and stationary and/or an application for
disability retirement is made, w. hichever occurs first.
D. Employees who, under C aboVe, have converted the City payment
of the employee's contribution to' PERS and do'not retire on the date specified
to the City at the time of .conversion, shall owe the City the increased costs
includi.ng, ~ut not limited to, benefit contributions, overtime, holiday pay, and
.Citycontributions to PERS.
The costs owed to the City will be from the time .of conversion to
the actual date of retirement.
3. Holidays.
A. Authorized HOlidays- The followi.ng are the authorized holidays:
(1) January 1
(2) Third Monday in February
(3) Last Monday in May
(4) July 4
(5) First Monday in September
(6) SeCond Monday in October
(7) November 11
(8) Fourth Thursday in November
(New Year's Day)
(Washington's Birthday)
(Memorial Day)
(IndePendence Day)
(Labor Day)
(Columbus Day)
(Veterans Day)
(Thanksgivi.ng Day)
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(9) Fourth Feiday in November
(10) December 24· (four hours)
(11) December 25
(12) .December 31 (four hours)
(13) One DisCretionary Holiday*
(Day fol lowi.ng Thank. sgivi.ng)
(FoUr hours of workday precedi.ng
Christmas)
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(Christmas Day)
(Four hours of. workday Precedi.n§ .":
new Year's Day) .. ·
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*Each employee shall be entitled to take one paid holiday each calendar year,
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which holiday may be taken'at the discretion of the employee, ·subject to prior
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· approval of the Department Head. Employees .shall be entitl'ed° to be compensated
for taking said discretionary holiday but'shall not'accumulate~discretionarY
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holiday nRr be ~compensated in 'the ·event the discretionary holiday is not taken.
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.B. Holiday·Pay· Regular fUll-time employees, except for personnel
· assigne~d 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 r.e. gularly· scheduled workdays immediately
prece~i.ng and followi.ng the holiday. "
· 4.0 'Sick Leave. It is the intent of the parties to provide a compre-
hensive, ~integrated sick' leave benefit plan for employeeS who, due to .injury
or illness, are unable to perform their usual'and customary duties. Benefits
are provided for both work connected and non-work connected' injury and illnesS.
Nothing contained herein is intended to diminish the benefits which any federal-
or state law mandatorily requires, and the integrated sick leave benefit plan
shall not provide benefits in· excess of those'required by state or federal law,
except as expressly provided herein.
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4.1' ' Si Ck ' Leave · Benefi ts.
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A. ' 'General" Employees:
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1. All full-time permanent and probationary employees.in Unit 8
shall be entitled to receive base salary for a period of ninety {90} Calendar
days from the. commencement of a given illness or disability'as compensation for
sick leave. Said compensation is in lieu of any amounts employee is enl~itled tO
receive from Workers' Compensation or other income supplements arisi.ng by reasons
of emplOYee's employment by City. In addition, duri.ng said 'ninety. {90} calendar
days, City will provide previOusly .agreed 'upon heal'th,' dental and life insurance.
The City will also provide long-term 'disability insurance :for said employee which'
insurance shall provide., subject to terms and conditions contained therein, for
the payment of two-thirds {2/3) of base salary after expiration of the ninety
(90) calendar days described above.
2..After the expiration of ninety (90) calendar days from the
· commencement of sick leave for'a given disability or. illness, the City will pay
the employee, at the employee's option, any accrued vacation' time. The City will
also continue to pay previously .agreed upon premiums for such employee on all
health, dental and life insurance until the date of separation.
3. At any time after the expiration of ninety (90) calendar days
and before the expiration of three hundred sixty-five (365) calendar days from the
cem~.~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.
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4, After the expiration of three hundred sixty-five {365)
calendar daYs or extensions thereof from'the-commencement of a given disabilitY
or illness, the employee will be separated from the City's service. Ilothi.ng
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herein shall be construed so as to limi. t the.employee's r. ight'to receive·l.o, ng~
· .. ·
term disability benefits under the ~long-term disabili·ty policy beYond the three
hundred sixty-five (365) calendar day period.
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4.2 Sick Leave Conditions. Sick leave, for the purpose of the new sick
leave benefit set forth in paragraph. 4.1' and the several subsections thereof,
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is defined' as~a.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-pPivil.ege to De Used at the'unqualified discretion of the employee.
The employee muSt suffer 'an actual l personal illness or disability which 'necessi-
rates hi's· absence' from emploYment'; and to be entitled to compensation for said
sick. leave, must satisfy the conditions hereinafter set'forth · The compensation
for~ick leave set forth in Par. agraph 4.1 and the subsections thereof, is the
only compensation for sick leavewhich the City will pay.
(a) The employee must notify his or her immediate supervisor prior
to- the commencement of the daily work period ~·for which, compensated sick leave
is sought; provided that those employees serving on shift assignments .must
notify supervisors prior to the shift, in accordance with departmental'policy.
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(b) Each employee on sick leave must produce evidence satisfactory
to the City describing the nature of'the illness and such eVidence may be in
the form of a personal affidavit or shall be in the form of~-'a certification
by a medical doctor if requested by a departmeht head with prior notice to
the employee; provided that the City reserves the right to take such action
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it deems necessary to confirm or verify actual illness or disability; provided
further, that in the event that the employee'is ill or disabled for more than
thirty-nine (39) working hours, then the employee shall present to the City,
before' returning'to'work, a certification by-a'medical 'doctor describing the
nature and extent of the illness or disability and confirming that the employee
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has fully'recovered and is able to perform regular work without any restrictions.
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4..3, Sick Leave Acc~umulation..Termination and Payment. 'Beginning on
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June 27, 1975, employees ~hall not be entitled to accumulate unused sick leave.
In accordance with the City's Personnel.. Rules and Regulations in effect as of
'the date of execution of this Agreement, each employee will be entitled to pay-
ment for a period of time not to exceed three hundred sixty-five {365) calendar
days; for sic~ leave accumulated prior to June'27, 1975, at the employee's existing
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salary'~for fifty percent (50%) of the days of*accumulated sick leave, which days
of' accumulated'sick, leave' shall not exceed one hundred twenty {120) days. Said
right to payment is deemed a property right, which shall not be taken from the
employee without mutually agreed upon consideration.' If state or federal legis-
la%ion is ~enacted into law then mandating a percentage other than the fifty
percent (50%) described herein, then such mandated percentage shall supersede
the percentage described herein.
.5. Medical Appointments Employees shall be entitled to receive author-
ization for leave without l°ss 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 appointment for
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which such leave is authorized.
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6~
Emergency Family Leave.
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A. Each employee may take leave without loss of pay for up to four
(4) workdays 'per calendar year for emergency situations where an immediate~
family'member'must receive immediate medical 'attention due l~o a sudden, s~rious '
and actual sickness or disability (excluding routine or scheduled doctor's
appointments). Employee's shall be required'to submit a doctor's certification.'--
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· B. Beginning on July 1, 1977, each employee may take leave without
loss of pay for the purpose of attending the funeral of any member of his or
.her in~nediate family, as defined hereinafter, .for'a period of three {3) workdays
per occurrence Within the State of California'or five~ (5) workdays per occurrence
Outside the State of California. ~
· C.' As used herein, "immediate.family" is defined to be spouse,
parents,, brothers., sisters, g~andparents, 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, 'inthe City. Manager's opinion, there exists an.extraordinarily close relation-
s.hip between the employee and'such person.
7. Insurance.
A. Health Insurance: The City shall provide a fully paid health
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insurance plan at the current benefit level for permanent full-time emplOYees
and their eligible'dependents with options available to the employee to select
the plan known .as the Kaiser "S" Plan, or· the Bay Pacific Health Plan.
B. Dental Insurance: The Self-insured program for dental care
benefits existi.ng as of April 1, 1978, shall be provided for employees and
dependents.
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C. Life Insurance-. The term life insurance coverage, including
accidental death and dismemberment, in the amount of Ten .ThOusand Dollars
($10,000) per. employee, shall be continued during the term of this Memorandum
of Understanding.
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· ' D. Long-Term Disability Insurance.: ci'ty shall provide insurance
for long-term disability coverage to provide 'that benefits to be' Paid a dis-
abled employee shall equal two-thirds (2/3). of the regular base monthly salary
of the employee, 'subject to the 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-¥SP Plan B, Employee and' Dependents',, With a ten dollar
($10) deductible.
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· 8. Longevity Pay Plan The City shall pay all permanent full-time
employees longevity pay in accordance with the following schedule'
· Length of Service
longevity Pay/Monthly
Ten to fourteen years, inclusive
$ 20
Fifteen to nineteen years, inclusive
30~
Twenty to twenty-four years, inclusive
4O
Twenty-five to twenty-nine years, inclusive
Thirty to thirty-four years, inclusive
60
80.
Thirty-five to thirty-nine years, inclusive
100
Forty years or more
120
9. Workday/Week. Eight (8) consecutive hours shall constitute a workdaY
except that they may be interrupted by a lunch break. The work week shall
consist of forty (40) hours.
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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. 'Vacation. All permanent full-time employees ~shall' accrue annual
vacation in accordance'with .the following schedule'
Lenqth of Service Annual Vacation
One to nine years, inclusive
15 working days
Ten to twenty-four years, inclusive
20 working days
Twenty-fi ve years or more
.25 working days
Members shall be entitled to take vacations without loSs of pay,
subject'to prior approval of scheduling by their immediate supervisor.
Unused vacation for such employees' may accumulate up to twice their
annual accrual amount. Any. such employee who wishes to ta'ke vacation in excess
of their annual accrual rate shall obtain prior approval from the immediate
supervisor. If any employee does not take accumulated vacation, s/he 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.
' 12. Retirement.
A; The benefit contracts in effect.between the City and the Public
~ployee~' Retirement System (PERS)lin behalf of eligible employees as .of _
April 1, 1979, shall be continued during the term of thiS Memorandum.
B. Retire Personnel Health Insurance Plan' City shall provide a
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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 hereinafter. "Gainfully
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employed" as used herein, is defined as employment or self-employment which
produces gross income for the'individual in an amount in excess of seventy-fiVe
percent (75%).of the ha. se salary then being paid in the position said employee
last held with~ the City, or for a comparable position if said position has been
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abolished. To be entitled to receive such health i'nsurance after retirement,
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i~qe emplOYee must. elect, in writing~ to have such coverage prior to his or her
retirement.
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'13. 'Administrative Leave.. Administrative leave without loss of pay may
be granted at, the discretion of" the . department head with the prior approval of
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the City Manager.
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'Flex 'Time. Members' of Unit 8 may arrange for flexible hours of
commencement and ending of a day's work, said times to be arranged with the
respective.department head so as not to interfere with the duties of the respec-
rive offices, with the .understanding thata workday shall consist of eight
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working hours.
1-5. Overtime.. Authorized work performed'by an employee in excess of'their
scheduled workday or work-week shall-constitute~' overtime 'except as otherwise
provided. 'An employee required to work in' excess'of their'scheduled hours of work
shall be 'compensatedr for each overtime hour so worked at the rate of one and one-
half (1½) times the employee's base rate of pay. No'form of.overtime payment 'shall
be made where time worked prior to. the beginning of a shift or followi.ng-completion
of a shift is less than twelve (12) minutes duration.
16. Temporary Up-Grading' Like pay'for Like'WOrk. · An employee ass.igned to
duties of a higher classification s'hall be paid the salary of'the position s/he
performs commencing with the third consecutive day of said assignment.
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17. Education Incentive Pay.
A. City agrees to provide a financial incentive as an extrinsic
motivator for employees to augment, their formal'education on a continui.ng basis.
Such incentive paylwill be provided to all permanent ~ employees Who satisfy the
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following conditions-
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1. Full-time employment with··the City 'for two {2}' or
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more consecutive years;
2. B.eginni.ng.July "1, 1981,.each employee must have
successfully completed three {3) ~accredited units
in the preceedi.ng fiscal ~year {July 1' June 30} tO'
remain el.igible for the incentive'pay; provided, that
~..-~..~ failure to satisfy this requirement' will eliminate
~- said incentive pay for' the fiscal' year followiong ·
-~ the fiscal year in which this requirement is not
satisfied. ~' ·
B,' Subject to the conditions described above,'City .agrees to provide
incentive pay as follows-
Additional pay equal to two and one-half percent (2½%) of r. egular
base salary for successful completion of sixty-(60) accredited units
or attainment.of Associate of Arts Degree or ~an equivalent Certification
'of completion from an accredited business college in a field related to
the employee' s emil oyment.
18. Physical Fitness Program. Each employee of Unit 8 shall be entitled
to the fol lowing'
A. Use of City Recreation Facilities at no cost.
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B. Up to five (5)'Parks and Recreation Classes per year at no
cost. Classes and facility usage are to be on the employee's
· "own time and subject to availability and sign-ups as deter-
, mined by the Parks and Recreation Department. ..
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19. Employees Covered. The provisions of this Memorandum apply only. to
th~ employees repreSented by Unit 8 - Confidential Employees.'
20. Modification. This Memorandum does not modify'any provision of the
Personnel Rules of the City except as expressly provided herein. Except as
expressly provided' herein, all wages and benefits remain the same as they are
currently being provided or' administered.
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21. Dispute. Any dispute over an interpretation of this Memorandum shall
be-processed in accordance with the procedures set forth in the City's Employee
Greviance Procedure.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding in the City of. South San Francisco this ~ day of ~O~.e~; 1981.
Ci~,Y REPRESENTATIVES
EMPLOYEE REPRESENTATIVES
"Approved by City Council Resolution No. 133-81
adopted November 4th, 1981"
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EXHIBIT "A"
CLASSIFICATION
UNIT 8 PAY RANGES
EFFECTIVE IN THE PAY PERIOD
THAT .INCLUDES JULY 1, 1981
,BASE RANGE
RETIREMENT
RANGE.
Ad. ministrati ve Secretary
805
2.5% 826
860
2.5% 882
Executive Secretary
Legal Secretary
858
2'.5% 880
767
2.5% 787
917
2.5% 940
819
2.5% 840
Personnel Clerk
713
2.5% 731
762
2.5% 782
Personnel Technician
961
2.5% 986
1027
2.5% 1053
Secretary I 713
2.5% 731
762
2.5% 782
Secretary I I 755
2.5% 774
807
2.5% 828