HomeMy WebLinkAboutReso 166-1982 RESOLUTION NO. 166-82
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 1, 1982 - AUGUST 31, 1983
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, July 1, 1982, to August 31, 1983, a copy of which is attached as
Exhibit "A" and incorporated herein by this reference as if set forth verbatim,
is 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 the
following:
"Approved by City Council ResolutiOn No. 166-82
adopted December 15 , 1982."
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 15th day of December , 1982, by the
following vote:
AYES:
NOES:
ABSENT: None
Councilmembers Ronald G. Acosta, Mark N. Addie.qo, Emanuele N. Damonte.
Gus Nicolopulos; and Roberta Cerri Te.qlia
None
ATTEST:
CityClerk~'
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SOUTH SAN FRANCISCO
AND
UNIT 8 - CONFIDENTIAL EMPLOYEES
JULY 1, 1982 - ~GUST 31, 1983
TABLE OF CONTENTS
SECTION
2.
3.
4.
5.
6.
7o
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
Preamble
Term
Salary
Hol i days
Sick Leave
Medical Appointments
Family Leave
Insurance
Longevity Pay Plan
Workday/Week
Deferred Compensation
Vacation
Re t i reme n t
Administrative Leave
Flex Time
Overtime
Temporary Up-Grading: Like Pay for Like Work
Education ' Incentive Pay
Physical Fitness Pr~ogram
Employees Covered
Modi fi cati on
Dispute
EXHIBIT "A" - Pay Range Numbers
'PAGE NUMBER
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2
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PREAMBLE
THE CITY OF SOUTH SAN FRANCISCO (hereinafter, City) and Unit 8,
Confidential Employees (.hereinafter, Unit 8), 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 8 Representatives acknowledge that (1) prior to July 1,
1982, the parties commenced negotiations for salary increases and benefits
for the period July 1, 1982 - August 31, 1983; (2) retroactive pay and benefits
and the effective date thereof were included in Unit 8 demands; (3) upon ex-
tension of the Memorandum of Understanding for fiscal year 1981-82, members of
Unit 8 continued to work duri.ng this period in absence of any wage increase
with the understanding that the effective date of the negotiated salaries and
benefits would be determined in the final negotiated agreement; and (4) nego-
tiations have.been completed and the members of Unit 8 have agreed to accept
the negotiated wages and benefits hereinafter set forth for the period of
July 1, 1982 - August 31, 1983 and the effective dates as therein provided.
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 8 have agreed to present this Memorandum to their membership for accept-
ance and approval.
"Approved by City Council Resolution No. 166-82
adopted December 15, 1982"
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1. Term. The term of this Memorandum of Understandi.ng shall be from
July 1, 1982 to August 31, 1983, at.which time all agreements', understandi.ng,
provisions and conditions contained herein shall terminate.
2. Salary.
A. Commencing with the pay period which includes July 1, 1982, the
1981-82 base salary for current members shall be increased by six percent (6%).
A member as' of July 1, 1982 who thereafter left the service of the City through
a service or disability retirement, shall receive said six percent (6%) increase
to and includi.ng the effective date of said retirement.I- Exhibit "A" entitled
"Salary Ranges Effective July 1, 1982 for Unit 8," attached hereto and incorporated
herein, sets forth the salary ranges which reflects said increases.
B. For the term of this Agreement, the City .agrees to continue 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 employee's payment to PERS shall be under the
authority of this Memorandum of Understandi.ng and any applicable government
code provisions which permit this payment without amendi.ng the retirement
contract with PERS.
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:
1. SERVICE RETIREMENT. 'Minimum forty seven (47) years of
age, and will be retiring no later than three (3) years
from date of conversion.
2. DISABILITY RETIREMENT. (Industrial or Non-Industrial)
Eligible for disability retirement with conversion to
take place one day prior to the actual date of retire-
ment, or the date upon which an employee is determined
to be permanent and stationary and/or an application for
disability retirement is made, whichever 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
including, but not limited to, benefit contribUtions, overtime, holiday pay, and
City contributions 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 following 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
(New Year's Day)
(Washi.ngton' s Bi rthday)
(Memori al Day)
(Independence Day)
(Labor Day)
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(6) Second Monday Jn October
(7) November 11
(8) Fourth Thursday in November
(9) Fourth Friday in November
(10) December 24 (four hours)
(11) December 25
(12) December 31 (four hours)
(13) One Discretionary Holiday*
(Columbus Day)
(Veterans Day)
(Thanksgiving Day)
{Day following Thanksgiving)
{Four hours of workday preceding
Chris tmas )
(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 taki.ng said discretionary holiday but shall not accumulate discretionary
holiday nor be compensated in the event the discretionary holiday is not taken.
The discretionary holiday must be used prior to the last day of the last full
pay period which has a December pay day.
B. Holiday Pay. Regular full-time employees, except for personnel
assigned to continuous operations, shall be entitled to observe all authorized
holidays at full pay, not to exceed eight (8) hours for any one (1) day, provided
they are in pay status on both their regularly scheduled workdays immediately
preceding and followi.ng the holiday.
4. Sick Leave. It is the intent of the parties to provide a comprehensive,
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
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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 or'those required by state or federal
law, except as expressly provided herein.
4-1 Sick Leave Benefits.
A. General Employees.
1. All full-time permanent and probationary employees in Unit 8
shall be entitled to receive base salary for the period of ninety (.90) calendar
days from the commencement of a given illness or disability'as compensation for
sick leave. Said compensation is in lieu of any amounts employee is entitled
to receive from 'Workers' Compensation or other income supplements arisi.ng by
reasons of emplOYee's employment by City. In addition, during said ninety (90)
calendar days, City will provide previously agree~ upon health, dental and l~fe
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 commence-
ment of sick leave for a given disability or illness, the City will pay'the employee,
at the employee's option, any accrued vacation time. The City will also continue
to pay previously agreed upon premiums for such employee on all health, dental
and life insurance until the date of separation.
3. At any time after the expiration of ninety (90) calendar days and
before the expiration of three hundred sixty-five {365) calendar days from the
commencement of a given disability or illness, the City has the might 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. Nothing
herein shall be construed so as 'to limit the employee's right to receive long-
term disability benefits under the long-term disability policy beyond the three
hundred sixty-five (365) calendar day period.
4.2 Sick Leave Conditions. Sick leave, for the purpose of the new sick
leave benefit set forth:in Par. agraph-4,1 and the several subsections thereof,
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 privil.ege to be used at the unqualified discretion of the employee.
The employee must suffer an actual ipersonal illness or disability which necessi-
tates his absence from employment; and to be entitled to compensation for said
sick leave, must satisfy the conditions hereinafter set 'forth. The compensation
for sick leave set forth in Par. agraph 4.1 and the subsections thereof, is the
only compensation for sick leave.which the City will pay.
(a) The employee must notify his or her immediate supervisor prior
to the commencement of the daily work period for which compensated sick leave
is sought; provided that those employees serving on shift assignments must'
notify supervisors prior to the shift, in accordance with departmental policy.
(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 department head with prior notice to'
the employee; provided that the City reserves the right to take such action
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TTIII
it deems necessary to confirm or verify actual illness or disability; provided
further, that in the event that the employee i's 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 describi.ng the
nature and extent of the illness or disability' and confirmi.ng that the employee
has fully recovered and is able to perform regular work without any restrictions.
4~3 Sick'Leave Accumulation.~' Termination and'Payment. Beginni.ng on
June 27, 1975, employees shall 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 sick leave accumulated prior to June 27, 1975, at the employee's ex~sti.ng
salary for fifty percent (50%) of the days of accumulated sick leave, which days
of accumulated sick leave shall not exceed one hundered'twen'ty (120) days. Said
right to payment is deemed a property might which shall not be taken from the
employee without mutually agreed upon consideration. If state or federal l~egis-
lation is enacted into law then mandating a percentage other than the fifty
percent (50%) described herein, then such mandat~ed percentage shall supersede
the Percentage described herein.
5. Medical Appointments. Employees shall be entitled to receive author-
ization 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 appointment
for which such leave is authorized.
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6. Family Leave.
A. An employee may use up to eight (8) hours per calendar year in
order that he/she may-care for a sick or injured member of his/her immediate
family requiring his/her care, or to obtain medical consultation/treatment to
preserve the health of a sick or injured member of his/her immediate family,
provided the immediate family member resides in the employee's home. Immediate
family member shall be as defined below. The requirement to reside in the
employee's home shall not apply in cases involving the employee's mother, father
or child. Leave usage forms and notification procedures will continue to be
used, provi, ded the City reserves the right to take such action .it deems necessary
to confirm or verify use of this leave.
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 immediate 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, 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 Insurance. The City shall provide a fully paid health
insurance plan at the current benefit level for permanent full-time employees
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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 of dental .care benefits
existing as of April 1, 1978, shall be provided for employees and dependents.
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.
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 the terms and conditions contained in the policy.
E. Vision Care Plan. The City shall provide for permanent full-time
employees and their eligible dependents, the Group Vision Care Plan, dated
Janaury, 1975, designated VSP Plan B, Employee and Dependents, with a ten dollar
($10) deductible. '
8. Longevity Pay Plan. The City shall pay all permenent full-time employees
longevity pay in accordance with the following schedule:
Len.qth of Service
Ten to fourteen years, inclusive
Fifteen to nineteen years, inclusive
Twenty to twenty-four years, inclusive
Twenty-five to twenty-nine years, inclusive
Thirty to thirty-four years, inclusive
Thirty-five to thirty-nine years, inclusive
Forty years or more
Longevity Pay/Monthly
$ 2O
30
40
60
80
100
120
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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.
10. Deferred Compensation. All permenent 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:
Length of Service
One to nine years, inclusive
Ten to twenty-four years, inclusive
Twenty-five years or more
Annual Vacation
15 worki.ng days
20 working days
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 take 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
Employees' Reitrement System (PERS) in behalf of eligible employees as of
April 1, 1979, shall be continued during the term of this Memorandum.
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.B.' Retiree ~ea!th Insurance Plan, City shall provide a healthl
insurance plan for employees who are retired on a disability or service
..
retirement, and'only for such employees, and Ci. ty shall pay all premium
costs until the employee becomes gainfully employed, as defined hereinafter.
"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 seventy-
five percent {75%) of the base salary then bei~ng 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 retire-
ment, the employee must elect, in writi.ng, to have such cover, age prior to his or
her retirement..
13. Administrative Leave. Administrative leave without loss of pay may.be
granted at the discretion of the department 'head wi. th the prior approval of the
City Manager.
14. Flex Time. Members of Unit 8 may arrange for flexible hours of commence-
ment 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 respective offices,
with the understandi.ng that the workday shall consist of eight (.8) worki.ng hours.
15. 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 compensated 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
following completion of a shift is less than twelve (12) minutes duration.
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16. Temporary Up-Grading: Lik)e'PaY for Like'Work, An employee assigned
to duties of a higher classification shall be paid the salary of the position
~/be perfoms commencing with the third consecutive day of said assignment.
.,
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 continuing basis.
Such incenti've pay will be provided in the following amount, provided employees
meet the qualifyi.ng requirements in Section B {below):
Additional pay equal to two and one-half percent {2½%} of regular
'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 employment.
B. In order to' qualify for incentive = pay, all permanent employees
must meet the following conditions:
1. Full-time employment with the City for two {2) or
more consecutive years;
2. Beginning July 1, 1981, each employee must have
successfully completed three (3}' accredited units
in the preceding fiscal year (July I - June 30) to
remain eligible for the incentive pay; provided, that
failure to satisfy this requirement will eliminate
said incentive pay for the fiscal year following
the fiscal year in which this requirement is not
satisfied.
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18. physical Fitness'Program. Each employee of Unit 8 shall be entitled
to the fol 1 owi.ng:
A. Use of City Recreation facilities at no cost.
B. Up to five (5) Parks and Recreation classes per year at no
cost. Classes 'and facility us.age are to be on the em@loyeets
own time and subject to availability and sign-ups as deter-
mined by the Parks and Recreation Department.
.19. 'Employees covered. The provisions of this Memorandum apply only to the
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.
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
Grievance Procedure.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding
in the City of South San Francisco this I~+J~ day of ~(~e~A ~gv- , 1982.
C I T,v. REPRESEN, TAT I.VES
EMPLOYEE REPRESENTATIVES
"Approved by City Council Resolution No. 166-82
adopted December 15, 1982"
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EXHIBIT "A"
UNIT 8 - PAY RANGE LISTING
..
Effective in the Pay Period
'That' Ihal Odes 'JUly' 1; '1982
BASE RANGE
RETIREMENT
'" RANGE
Administrative Secretary
854
2.5% 876
.- 9]2
2.5% 935
Deputy City Clerk
2.5%
801
822
855
2.5% 878'
Executive Secretary
· .
Legal Secretary
940
·
2.5% 964
814
2.~;% 83,5
1004
2.5% ]030
869
2.5% 89i
'Personnel Clerk
Personnel Technician
Secretary I
756
2.5% 775
1019
2.5% -1Q45
756
2.5% 775
8O8
2.5% 829
1089
2.5% .1117
8O8
2.5% .82.9
Secretary I I
801
2.5% 822
856
2.5% 878
lmm I I ffl