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HomeMy WebLinkAboutReso 27-1983RESOLUTION NO. 27-83 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ACCEPTING AND APPROVING THE MEMORANDUM OF UNDERSTANDING, UNIT #7, NON-SWORN POLICE DEPARTMENT EMPLOYEES, JULY 1, 1982, TO AUGUST 31, 1983, AND REVISING RESOLUTION NO. 136-82. BE IT RESOLVED By the City Council of the City of South San Francisco that the Memorandum of Understanding with Unit #7, Non-Sworn Police Department Employees, for the period of 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 hereby accepted and approved. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized to endorse on the Momorandum of Understanding the following: "Approved by City Council Resolution No. 27-83 adopted 3/?/~.~ 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 2nd day of March , 1983, by the following vote' AYES: NOES: ABSENT: Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teglia None None · NEMORANDOI~ OF UNDERSTANDING BETWEEN CITY OF SOUTH SAN FP, ANCISCO AND UNIT 7 - NON SWORN POLICE DEPARTI.IENT EMPLOYEES JULY 1, 1982- AUGUST 31, 1983 APPROVED BY CITY COUNCIL RESOLUTION NO. 27-83, ADOPTED 3/2/83 TIlE S~ECTION TABLE OF CONTENTS · .. · Preamble 1. Tern Salary 3. Overtime 4. Like Work for Like Pay' 5. Vacation Leave · .. 6. 'Sick Leave 7. Medical Appointment~ Family Leave 9. Insurance · · 10. Retirement 11. Holidays 12. Longevity Pay Plan · 13. Education Incentive Pay 14. Unifom Re'imbursement 15. Layoff 16. Disciplinary Action 17. Deferred Compensation 18. Overtime Pay for Court Appearances 19. Employees Covered 20. Modification 21. Dispute o- · - -PAGE~mUMBER 8 12 12 13 ]5 17 17 18 EXttIBIT "A" - Pay Range Numbers EX)IIBIT "B" - Education Incentive Pay Plan · · PREAt, IBLE ' - · THE CITY OF SOUTH SAN FRANCISCO {hereinaft. er, City) and Unit 7, lion-Sworn Police Department Employees (hereinafter, Unit 7) acknowle, dge and affirm that . they have met and conferred 'in"goo~ faith, e.xcha, nged p~oposals and counter · proposals and in all respect fulfilled their obl.iga£ions un'er la~ to meet. and -% confer in good f~ith. CITY and Unit 7 Representatives acknowle, dge that {1) prior to July 1, 1982, ; the parties commenced negotiations for salary increases and benefits for the .- . · · period July 1, 198'2 - August 31, 1983; (2) ~etroactive pay and benefits and . . ·. the e'ffective date thereof were included in Unit 7 demands; (3) upon exiension of the Memorandum of Understanding effective for. fiscal year' 1981-82, members of Unit 7 continued to work duri.ng this period in absence of any s,~.age increase · · with the. u'nderstanding {hat the effective date of the n. egotiate, d salaries and. . benefits would be determined in the final negotiated agreement, and; (4) nego- tiations have b6en completed and mere. bets of Unit ) have .agreed to accept the o negotiated w. ages and benefits hereinafter'set forth for the period July !) 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 determinatioa and Representatives of Unit. 7 have .agreed to present this Memorandum to their membership for acceptance and approval. 1. Term..The term of this I.lemorandum of Understanding shall ba from July 1, 1982 to August 31', 1983, at which time all agreements, understandings, provisions and conditions contained herein shall terminate. a') Commenci.ng ~,tith 'th~ pay. period which in. cludas J'uly '1, 1982~'there shall be an increase ~f one and ti~o hundredths ~ercent: [1'.02%) in the base salary of each classification 'of Un. it 7, except for Police lechnician, 'lhe salary ranges listed in Exhibit "A" (attached), reflect the.increase, . -. · ' b) In addition, commenci.ng With the pay period which includes. July 1, 1982~~ the City agrees to assume payment of five percent {Sg) of' the employe~s base · ..-." salary to ?£R$ in lieu of the employee's contribut~oa. -For ¢larif'ication, the' employee's contr:ibution to PFRS will be reduced by the City frora seven pdrcent: :' (7%) to two percent (2g). The City's assumption of the employee's payment to PERS shall be under the authori.ty of this Memorandura of Understandi.ng and any applicable Government Code provisions ~thich permi't this payment ~.litho/~t amendi.ng the retirement contract with PERS. c) It is understood that employees who are, or ~ill, ret'~re with a service or disability retirement shall be all'owed to make' a one-time', 'irrevocable con-- version of th~-City's contribution, bei.n§ made on their behalf, to base salary. l'he conversion s'hall be to the range number specified in £xhibit "^" {as attached) under the column entitled Retirement Ra.n§e. Employees who'wish to exercise this one-time, irrevocable fconversion, must meet the followi.ng requirements; 1. SERVICE RETIREMENT: Minimum forty-seven (47) years of age, and . will be retiring no later than three (3)years from dare'of conversi on. 2. DISABILITY RETIREME~T' (Industrial or It'On-Industriali -- Eligible for disability retirement with conversion to take place one day prior to the actual date of retirement, or the date upon · · .e . · e. · · which an e~ployee' is determined'to be permanen~:an~l stationary and an application for Jisability retirement is made, whichever · · occurs fi rs t. $ · , · . d) Employees }tho, under {c)' above, ha~e converted the City pa.,merit of the employee's contribution to PERS and do'not retire on the ~late specified':. to the City at the time of.~onversion, shall o,.~e to the Ci.ty the increased costs including, but not limited' t6, 'benefit contFibutions, ov. ertime, holiday · pay, and City contributions to PEPS. -.. . The costs owed to'the Ci[y will be from the time of conversion to . the actual date of retirement.· e) The Police Technician shall receive, if possible, the same w. age increase as applicable to Police Officer II. If said w. age increase cannot be applied, the parties shall meet and confer to determine the increase applicabl~ to · Poli ce Techni ci an. ' >- . 3. .Overt'imel.. Authorized work performed by employees, in excess of their · . scheduled work day or ).~ork ~,ieek, shall constitute overtime except as other~.~ise provided. Employees required to work (excluding traini.ng) in excess of their scheduled hours of vlork shall be compensated for each overtime hour so ;torked at the rate of one and one-half (1~) times the employee's base rate of pay. Employees req.uired to attend traini.ng sessions, in excess of their scheduled hours of work, shall be compensated for each hour at stra.iooht time. Empl.oyees may, with the supervisor's approval, receive pay at the appropriate rate for each overtime hour; or accumulate compensatory time in accordance with departmental policies. All compensable time off must be taken in accordance ~,~ith departmental policies. -3- · . 4. Lik~ Work f.6r Like Pay. Effective upoh date'o.f execution of this · . · · · agreen)ent, an en~ployee ass. ign~d to thj '~uties .of a first-line supervisor or above shall be paid the §alary of the'p, ositioh 'he performs.' First-line · supervisory employees and above ass. igned to the duties of a higher clas~ifica- · tion shall not be paid ~he'salary'of that'h.i~her classification unless they gerve in that capacity for thirty' {.30) days or more, in which event, theft shall receive the pay. of thj. iiigher classification commenci.ng with the first · day of said thirty-day service. ' " · .. 5. Vacation Leave. . 5.1 .Accrual. Regular full-time employees shall'accrue vacat(on lear6 as follows: Lqngth' of . Continuous Service Vacation Hours Accrued 'Bi-Weekly · .o '.AAno~l 'EqOival ~_nt First full four years .' 3.70 12 Days After 4th year 5.54 lB Days After 14th year ' 6.16 20 Days After 24th year 7.69- > 25 Days 5.2 Deferral.' An employee may, with the approval of the Department Head and City )lanag'er, defer one (1) work week of his vacation leave to the succeeding calendar year. The employee shall file written request to defer with the Depart- . merit Head. If the requirements of the service are such that an employee cannot take all of his vacation to which he is entitled in a calendar year, he may defer, · with the approval of the Department Head, the unused portion to the following year, provided thaiS' no more than thirty {30} wor~ing days of vacation can be · . accumulated' Deferred ~acation which is not taken during the calendar year o immediately, following the calendar year in which the vacation leave is deferred .. shall be compensated for. 5.3 Scheduling.. ~he times during the year at which an employee shall - take vacation shall be detern~ined'by the Department )lead with due regard for ~he wishes of the employee and particular regard for the needs of the service. -4- · · 5.4. Pay'Upon Termination. Employees .separating from the 'City kef-vice shall, be paid at their cuKrent hourly.sal'arY rate for all uriused accrued vacation · 15ours. No such payment .shall be 'made.for vacation hours 'accumulated contrary to the provisions of these sections. · 6. Sick Leave' .- ' - · ' a) All permanent and probationary employees in Unit 7, except thos~ who .. i' ' work less than full-time,'~hall be entitled to receive base salary for a period' '~:' of ninety {90) calendar' days from the conanencement:"ot" a [liven' illness for dis- · abilitY as compensati'on for sick leave~ Said comp.ensation is'in lieu' Of any · amounts employee '~s entitled to receive from Wo~'ke~$' Compensation or other · · · 'income supplement Sources existi.ng '~y reason of 'the employee's emplo~e~t by" . . · 12ity. In consideration of receivi.ng.:sa~d base'saiary for' said.period, employee. · o ass'iflns.'t:o City all rights to receiw..l, loi'-kers' Compensation or' ~ther .~ncome. · · · supplements aris.i.ng by rea'son of:..empl~ye'e's employment b7 City. " " " · .o In'addition, during 'said ninety"{90)-.'ca'}endar days,.Cii:y will provide prev.iously agreed upon health, dental and life ifisurance. The City Will also -. Provide long-term disab'ility insurance for said employee ~th'ich 'insurance shall · provide, subject to terms and conditions contained therein,, for' the payment of · up to two-thirds (2/3)'of base salary after the expiration of r~inety {90) calendar · . days described above. ' . o b) After the..expiration of ninety (90) calendar days from the commencement of a given disability or illness, the City will pay the employee, at the employee's - option, any accrued vacation time. ~he city will also continue to pay previously agreed upon premiums for such employee on all health, dental and life insuranc~ until the date of separation. -5- i '~ m · miTr · c) . At. any"~time after the expiration ~f ninet~ ~.90) cale.ndar days befoYe the exp~rati'on of three hundred ~ixty-five (365) :cal'endar days from the commencement of a. g. iven disi~bility or illness, the City has the r.~ght to · revie~ the case of the individual employee and either separate the employe~ from ~he Clty's $6rvlce or extend cover)ge, beyond three hundred ~i~ty-five (365) · · calendar days; ." d)' 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 form the City's service, l~othi.ng contained hare~n · · · · · . · shall be construed so as to limit the employeeis right to receive lo. ng-tem dis- . ability benefits under the lo?g-term disability policy beyond the three, hundred sixty-five (365) calendar day per. iod. '-"' e) The ca~.pensation for sick leave actually ~ake~, described in the pre- ceding sUbpar, agraphs,.is the' ohly'compensation for sick leave actually taken ~.JhiJh the City will pay b. eginni.ng with the' pay period which..i~cludes July 1, 1977. · To be entitled to receive that compensation, the employee must satisfy all of the loll owi.ng conJitions: 1. The employee must notify his or her immediate supervisor prior to or within two {2} hour~ after the commencement ~f the daily work period for which compensated sick leave is sought; provided, that pol.lce employees serving on sh~ft assignments must notify o. supervisors prior to the shift, in accordance ~.;ith departmental policy. 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 -6- · · be in' the 'form of a certi['i{:.at~bn.by a medica:l i:t.oCtor ii requested · by a superviso.r with pr'ior notice to-the employee; provided that; the City reserves the right' i:o take su~:h action it deems to confirm Or verify actual illness or disability; provide'd further, that'in the event that .~he employee is ill or di§abled for' more than thirty-nine [39) Worki.n§ hours, then the emploTee shall present to · the City, before returning to work, a certificationlby a medical- doctor describing the 'nature and extent of the 'illness. or disability and confimi.ng that the employee iias recovered and is able to perform · assigned work. -.. f). "Si.ck Leave," as used herein, is defined as a period of time duri.ng which the employee suffers actual personal illness or disability which necessitates his absenc~ from employment. 'Sick leave i~'=hpt a r. ight or privil.ege to be used . at the discretion of the employee. §) B. eginni]ng with the pay period ~.~hich includes July 1, 1977, employees ' shall not be ~n'titled to accumulate unused sick leave. In accordance with City's Personnel Rules and Regulations in effect, as of July 1, 1977, each employee will be entitled to payment at his or h~er Salary existi_nB at time of separation of fifty percent (50%) of the days accumulated sick leave, ~vhich accumulated days of sick leave shall not exceed one hundred twenty (120) days. CompenSation for accumulated s"ick leave shall be payable at the time of separation or at a later date so elected by the employee, but within one year of such separation. Said right ~:o payment is deemed a property right which shall not be taken from the employee without mutually .agreed-upon consideratio:~. If state or federal legislation is enacted into law mandating a percentage other than fifty percent o (50%) described herein, then such mandated percentage shall supersede the per- centage described herein. -7- .e h) In ~he event a disabled or ill'.em~loyee is ~n.titl.ed'to receive full · · pay pursuant to state or federal law for more than ninety {.90} days from the commencemen~ of illness or disability., then City has no obl.i~atiOm to provide the base salary described in subpar3graph {a} hereinabove. ... 7.' NeJieal'AopOi~t~hts. Emplogees shall be'entitleJ to receive author- ization for leave without )oss of pay for appoin~ents vtith medical doctors and dentists. Such leave shall be auth'ori~ed only for the actual ~ime necessa~. for the appO~ntmen~ and fo~ travel~3~ to and fm~ the'appoin~en~. ~loye~ .. shall be required to submit' a personal affidavit 4escribi.ng the nature · need of such visits., lhe ~;ity reserves th~ r~ght to confim or verify appointmant for ~vhich such leave is authorized. '8. Family Lea9e. , a) Afl employee.may use up to e.!§ht (8) hours per c~]endar year in order . . that he/she may care .for a sick or' injured member of his/her immediate family l~. requiri.ng 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 o · 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 borne · shall not apply in cases involvi.ng the employee's mother, father or child. Leave usage forms and notification procedures ~.~ill continue to be used, provided the City reserves the right to take such action it deems necessary to confirm ,. or verify use of this leave. · [~) Each employee may take leave without loss of pay for up to five (5) . · . work.'ing days per calendar year in the case of death of any of the following · relatives: ·Parents, spouse, brothers, sisters, grandparents, child, mother- in-lat.~, father-in-laW,l brother-in-law, sister-in-law, daughter-in-law, or · -8- .. - · · · · · son-in-lat,: In 'addition, the City Hen. agar'may, granf.the above-described leave · · · in the event of the illness or disability or funeral of'someone other than · · · those persons des. ignated, if, in the'City l~lan.~ger's opinion, there exists · an extraordinarily close relation, ship between the e~ployee and such person. · · o 9. Insfirande. . · - a) 'H~lth. The City shali provide a ful'iy paid health insurance plan · for permanent full-.time employees and' their eljgible dependents with the optio.n · . . available to the employee to select, the plan known as. the Kaiser "S" Plan or .. the Bay Pacific Health Plan. · · 'b) I~ental. ihe sel~--insured' pr. ogram of dental care benefits existi.ng as of July 1, 1979, shall be continued duri.ng the term of thi~ l, lemorandum of Under. standi.ng. c) .Vi si on ' Care ' Pl an . lhe City'shall prgvide for permanent full-t-line · employees and their e~igible dependents the Group'Vision Care Plan, dated January, 1975; designated VSP Plan B, Employee and llependent, with a ten dollar ($10).deductible. · · d) 'Life Ins_urahde. The term life insuranCe, iucludi.ng accidental death and disn~emberment, in the amount ~f five thousand dellars '($5,000) per employee, 'shall be continued duri,ng the term of the Memorandum of Understandi..ng. · e) 'Long-Term Disability'In~,uPance. A' lo. rig-tern disability insurance plan which, ~ubject to the terms and conditions thereof, shall provide for paymen~ of up to t~.io-thirds (2/3} of base salary during disability and shall .o be continued at .the current benefit levels during the tera of this ~4emorandum of Understanding. -9- · · f) Retiree Health Insurance Plan· EffeEtive J~ly 1, 1982, employees ~vho retire aft6r July' 1, 1982, on a J~sability retirement' or a service retire- merit ~.lith twenty (20) ~ears service,'~hall fie eligible for the Cit~ pa~ent of the pgemium for health plan coverafle for the retiree only. City ~ill continue contributin~ to said health plan' in the amount desc~bed above until the emplo~e~ 'reaches a~e sixty-five' {65) or becomes ~ainfull7 employed as hereinafter de[ined, · ~hichever comes first. "Gainfully employed" as used herein is defined as employ- merit of self-employment ~,~hich produces, gross income for the individual in an · amount in excess of t~enty-~five percent {2~%} of the base salary, then bei.ng paid · for the position 'said employee last held ?ith the City, or' for a coniparable position if £1ie 'employee's last position has been abolished. Once' cover, age has · been terminated because of .age or employment, employee forfeits any further '. right to covera§e..EmplOYee must elect cover, a§e imediately' prio/' to retirement- oo 10. Retirement. l'he benefit contract commonly referred to as the 2% at · Age 60 Formula in effect between the City and the Public Employees' Retirement 'System {PERS}.in behalf of eligible permanent full-time employees of this Unit' as of April 1, 1079, shall be continued durin§ the terra of this l,lemorandum of Understandi.ng- 11. Holidays. 11.1 .Authorized Holidays. The followi.ng are the authorized holidays'. (1) J. anuary 1 (2) Third Honday in February (3) Last Monday in play (4) July A (5) First l.londay in September (6) Second [.londay in October ();ev; Year's Day) (Washington' s Birthday) (I,lemori al Day) (Independe.nce Day} {Labor Day} (Columbus Day) -10- 'mmml 'T mit · · (7) Iqovemb.er 11 (8) Fourth Thursday in November {9} Fourth Fri~lay in November. (10) December. 24 (four hours (11) December 25 (Veter2n. s. Da,v}' (Thank. sgi vi.ng Day) (Day fo 11 owi.ng Thank. sgi Vi ng) {Four hours of ~vorkd.a7 precedi.ng Christmas Day) ..(Christmas Day) (12) December 31 (four hours) · · (13)' One Discretionary Holiday* (Four hours of workday precedi..ng '-. ' ~ew Year' s Day) · · · .. : *Each employee shall be entitled to one paid holiday each calendar j~ear, · . e which holiday may be taken at the discretion of the employee, subject to prior : · approval of the Department Head, and must be used by Decembe6 16, 1982. Employees shall· be entitled to be compensated for said discretionary holi.~ay but shall not. accumulate discretionary holidayI. ' . ~ '-11.2 Holiday Pay. Employees who, by nature of their ass. ignment, are unable to observe City holidays shall be compensated for authoriz'~d holidays as followk: Eight (8) hours of straight-time over~ime for the holiday and str'a, ight time for · the hours worked. Personnel scheduled to work on a City holiday, but are Unable to do so due to a job-related injury, shall remain eligible for payment in accord- . ance with the provisions as long as he is not receivi.ng compensation from other sources· An employee unable to work a holiday due to illness or to an injury unrelated to the job shall also be compensated for the holiday pursuant to. this · , provision provided that he submit to the Department Head a doctor's certificate verifying the illness or injury or file a certification made by his Department Heod so verifying. If an employee is off work because of sickn6ss o~ a regular workday which immediately follows or precedes a holiday, he shall file ~ith the Department Head a docotr's certification verifying that he was unable to ~.;ork because of sickness or file a certificate made by his Department Head so verifying. -11- . · illi I '~1 . o?. - · · · 12. Lon~qeyity. Pay Plan. Permanent full-time emP, loyees, except · · Police Technician(si and P61ice Matron(.s~, ·shall be elib{bl6 for lo. ngevity o pay in accordance with the followi.ng schedule:' ~en.qth of S~Pgice Ten to Fourteen 'years, inclusive Fifteen t'o nineteen years, inclusive · Twenty to 'twenty-four years, inclusive · · T~enty-five to twenty-nine years, inclusive.' · Thirty to thirty-four years, inclusive' Thirty-five tO thirty:nine years, inclusive · .·. ... ce- I.e. elle. i'-.,, -· .L 0 n,g e,i t,y ' Pa~;/Mon th l~y $10 - ' · $~5 $2o ·$30 $4O $50 Forty years or more -'-'$60 13. .Educati'on Incenti9~'Pay. Permanent full-time employees ~.lithin the classifications of Police Technicians'and Police Clerk.Natrons shall be entitled to continue participati.ng ~n the"existi.ng Education Incentive Pay' I~r. ogram, as set forth in Exhibit "B." 14. Uniform'Reimbuesem6ht. Each employee in Unit 7 shall be el.igible each fiscal year f6r reimbursement of.the purchase-price of approved uniform i~:ems, subject to the followi.ng amounts and conditions' a) $200 per year:. Police Clerk; Senior Police Clerk $300 per year' Parking Enforcement Officer; Police Service Technician $400 per year- Police Technician b) Claims for reimbursement of the purchase of approved uniform items shall be submitted in' acco'rdance with departmental policies and procedures. c) The Police Technician shall be required to purchase and maintain a departmental approved bullet proof vest. lhis purchase is reimbursable under the uniform reimbursement program whether purchase occu)-red previously or under -12- this .Agreement. The Police Tbchnician shall be requi're, ct to. hbve the approved · .vest on his person or in his ready b. ag duri.n9 each duty shift. . . 15. Layoff.. .. ' ' o .. · ~i) Whenever, in the iud§roe.hi: of the City Council, it becomes.'-nec.e'ssary, 'in the 'interest of.economy or because of necessity for the. position or employ- · merit ihvolved no longer exists, the City Cofincil may abolish any po~iti°n or employment 'in the competitive service and layoff,, reassign, demote, or transfer an employee holdi.ng ~uch position or employment'without fili.ng written cha. rge,.. The appointi.ng authority may likewise layoff an employee in the competitive service because of material cha. nge in duties or organization, or short, age of .o work or funds. ~) Seniority for the purpose of layoff.is defined as length of continuous full-time employment v~ithin the Service of the City, except for service in-a provisional and temporary status. Seniority shall be retained, but shall not -, . accrue during 'any period of leave without pay, except for authorized military leave,, granted pursuant t° State Military and Veteran's Code. c) Order'of Layoff. When one or more employees performing in the s~me · class in a City department are to'be laid off (provisionals and temporaries therein having already .been terminated), the order of layoff in the affected department shall be as follows: 1. 'Probationary employees in inverse order by seniority. 2. Permanent employees in inverse order of seniority. Should two or more employees have identical City service seniority, the order of layoff will be determined by classification seniority, l,lhenever two or more employees have identical classification seniority, the order of layoff shall be determined by an established departmental seniority policy (badge -13- numbers, in Safety Departments) . or in-the abgence o~ dispute thereof, random ' · - · · ~elecrlon. · · . .. · d) ~otiCe'~f Laya'ff. £mployee~.shall b~ fon. tarded written notice, including · reasons therefor, by Certified Registered F~ail, Return Receipt Request&d or' · Personally Served, a minimum of ~:wenty {20}'~.~orki.ng days prior to the Offective · 'date of layoff. An employee receiving said no~ce my respond, 'in writ:in[l, to the City }lana§er..'i'he emplo~tee'~ representative shall receive concurrent notice~, and upon request, shall be afforded an opportunit~ to meet with the City to · . · discuss the circumstances'requiring the layoff and any proposed alternatives ~vhicb · o · · do not include the considJration of the merits, necessity or qrganization of any service or activity.. ~he provisions of subsection ([e), must be requested by the · employee, in .writi.ng, fifteen {15) worki.ng days prior to the effective date of layoff. '. · · e) 'Layoff Reempl Osmen t/Rei hStatement' Lists .. ?robationa.ry and permanent employees ~.~ho are reclassified and/or demoted as a result of a reduction in force,'shall have their names placed on a classification reinstatement list in order of their sJniority. Vacant positions within the Classification'shall first be offered to employees on this list. 2. Employees who are laid off shail have their names placed on ~a reemployment list for classifications ~ihich, in the opinion of the Personnel Officer, requires basically the same quali- · fications and duties and responsibiiities as those of the classification from which the layoff occurred, in order of seniority. Vacant positions in such classifications shall -14- , be offer, ecl'to eligibles on t~e reemployment.lisl~ who qualify · . .for such vacancies prior to .a.n open or promot)'onal.recruitment. · · No name shall be carriej on a reinstatement or' reeraployment . list for a period longer than two (2) yea:-. Refusal to accept . · , the. first offer of reinstatement or reemplo, vment within th~ same · classification shall ~au. se' the name to. be dropped' from the list. Individuals not resPondi.ng to written notification, by Certified Registered l~l~il, Return Receipt Requested, fonvarded to their · . . 'last .[liven' address, of an o~eninfl Wi. thin ten {10} worki.ng days from mailing shall have'their name's removed from either a rein- statement or reemployment list. Individuals s,~ho do not meet ' curren, t employment standards (i.e., medical, licenses, etc.), · · shall have their names removed from either a reinstatement or · ; reemp1 oymen t 1 i s t. 4. Probationary employees appoin.ted from a reinstatement or re- . ~. employment list must serve the remainder of the.ir Probationary period in order to attain permanent status. 16. Disciplinary'Action' All definitions of ~mrcIs, phrases, etc., and the meani.ngs and intent of this'SeCtion, shall be in accord~ace stith the City of South San 'Francisco Personnel Rules and R. egulations ' 16,1 Action By City. The City shall take disciplinary action .against a permanent employ6e for misconduct including, but not limited to' Chronic absenteeism; incompetence; insubordination; failure to follow work rules; mis- statement of fact on an application or other personnel document; falsification of records; unfitness for duty; and absence without authorized leave. · · o Dis'cipl'~nary action may take' ~he f0rm'6f a sus4~ension, pay reduction, · · · · · . demotion or disi::ha, rge. . · All disciplinary action taken' against an employee in the classified · service must receive .the prior app'roval of the appoint'i.ng authority.except under' · eme. rgency circumstances which dictate immediate suspension:of the employee, by · the department head or subordinate supervisor. In such'cases, the employea'$ department h'ead shall immediately report the action taken to the appointi.ng · authority who shall review the case and make a detena.ihation concerni.ng the '. appropriateness ~f the suspension and of further di. sciplinary action. . . o All actions resulting 'in salary reductions, shall be subject to review o 'by the apPointi.ng authority and the department: head involved wi~in thirty {30) days followi.ng the effective date of the ini;cial'action.and at r. eflular'.'intervals · .~.. · thereafter. Actions resulti.ng 'in demotions may be reviewed b7 the appo~.nting authority at his sole discretion. . · 16.2 'Notlce'of'Di~ciplifiary'ACti0n. The City shall provide the affected employee with written notice prior to taki.ng disciplinary action, except vJhere _ circumstances dictate the'City taking immediate action to remove the employee from the work place. In such cases, written notice, as set forth belo,,~, shall be provided the employee within two {2) worki.ng days from the date of'the action. In all cases, ~,~ritten notice of disciplinary action shall be served on the employee personally or by Certified Registered )lail, with a copy of the notice to be placed in the employee's personnel file. a) The type of disCiplinary action· b) ~he .effective date of the action. c) The reason or cause for the action. -16- . o d) That the employee may inspeE~ copies 'of all'materials upon · which'the ac'tion Cs based. '° · e) That the employee has the right to respond, either oral.l.Y. . ' or in ~triti..ng, to the authoritj/ initially imposi.ng the. .. ' discipline, - · - . . . Except in instances ~there disciplinary action m~st be imposed immediatelY,- . the notice shall be prov)ded the employee no late)-than ten (10) ~,~orki.ng days ' · before the'disciplinary action is to be effective', l~ere immediate disciplinary . , , · action has 'been ~hpo.sed, such action will ~ot become final until the'aforementioned o. · notice has been furnished the employees and the employee has been provi, cled no less than 'ten (10) worki.n.g.days from the receipt of'the notice to respond to the authority initially impos~.ng the.discipiine. .. . " · . · Once the proposed disciplinary action has been imposed, the affected employee shall hav~ the .r. ighi~ of appeal. Such appeals shall be filed di.rectly · ~b~ . . at the fourth step of the 'grievance procedure set forth in Rule 14 of the Personnel Rules and Regulations. 17. Deferred Compensation. All permanent full-time employees are el.igible, subject to the te'rms and conditio)'~a thereof,' to participate in the City of South · · · San Francisco Deferred Compensation Plan. 18. .Overtime Pay for Court'Appearances, Employ6es ~i~ho are required in the course and scope of their official employment to appear in court, other than during their regular tour of duty or shift hours, shall receive qvertime pay at the rate of one and one-half (1~) times the regular rate of pay. An employee shall receive a minimum of two {2) hours overtime pay for such court appearances which occur on scheduled work dates (including voluntary overtime shift assign- ments) and a minimum of three (3) hours overtime pay for such court appearances which occur on non-scheduled ~tork dates. -17- · 19. £n~ployk6s.Co.vgred. Provi~i'ons of' this t4.em~ra, ndum 'apply 9nly to .the · . · employees repre'sented by Unit 7 - (N~n'Sworn .POlice DePartment Employees), · · · _ 20. 'Modification. This Memorandum does not modify'any Pro. vis. ion. of i;he -' Personnel-Rules of .the city except: as expressl7 provided herein-.- £.xcept as -'- -- ' express:ly prov~'ded 'here'~n, all wages and benefits rmain t.~ie same as thoy 'are currently bei..ng pro¥id'ed or admihi.$tered.. ............ . ......... 21' 'Oi~oote.. Any' dispute over an interpretqtion of this }le~o.randum Sh ii -- be processed 'tn accordance with the procedures set forth in the City,s Employee' Grievance Procedure ' . -. - . · . IN WITNESS WHEREOF, the parties hereto have executed this Flemorandum o'f ' · Understandi.ng in'the City of South 'San Francisco'on the- ' day 'of '" _, 1982, . .. ,. · CI'[Y REPRES6~FATi~ ES ' E~tPLOYEE REPRESENTATIVES - . · APPROVED BY CITY COUNCIL RESOLUTION' NO~ 27-83, ADOPTED 3/2/83 · -18- . .- Police Technician 2:5% 5.0% 7.5% EXHIBIT "A" UNIT NO. 7 PAY RANGE NUMBERS 7/1/82 '"I076 1103 1130 1157 7/1/82 Retirement Range 1152 1181' 1210 1239 .Police Service Technician Senior Police Clerk 2.5% 5:0% 7.5% 749 738 757 775 794 786 774. 794. ' 813 833 -- Parking Enforcement Officer 717 752 Poli ce C1 erk 699 733 o, · EXHIBIT "B~' · CIIY OF SOUTH SAN FRP~ICISCO · · EDUCATION ~NC£~iI¥£ ?g¥ oo C0~PR~4I$£' _ - .. · · · lhis Compromise Agreement ~,/as reached on A. ugust 3, 1969 and is mutually. .agreeable to both the Police Department and the .Fire Department. Those eligible for them above-Jescribed Blah are the Police Technician and Senior'Police Clerk. Excluded from the Plan are Police Clerks; I~arki. ng · Enforcement Officer and Police Service Technician. °. · · . . . · All those eligible .for the Plan are no lqnger eligible for. the previously adopted longeVity pay 'pr. ogram, i.e., $5.00 per month extra after fifteen (15) years, etc. · . ·. Effective Date' July 1, 1969 Exhibit "B" to Unit. 6 Ne~orandum of Understanding for July 1, 1982- August 31, 1983 4 · · CITY OF SOUTH SAN FRANCISCO EDUCATION INCEIiT. IVE PAi PLAN COUPROMISE . · _ · POLICE DEPARTNENT 1. Three years minimum service and 60 accredited units, Associate Arts ' Degree, or P.O.SoT. Intermediate Certificate in relat6d education within the scope of Administration- -. o. - Plus 5%~' . . . g. Completion of seven years of'service with the City of South 5an Francisco Pol ice Department · . ] · . - Plus 2~- . -.. .. 3. Completion of seven years of service and 60 accredited units, Associate ~ Arts Degree, or P.O.S.T..Intermediate ~Certificate in related education -w~thin the scope of the Administration of Justice . .. .... - Plus 7~- : .... 4. Completion of fourteen years of service ~.fith the City of South San Francisco Police Department .. - . .. - Plus 7~%-" . . 'FIRE ' D~PARTMENT .1. Th'~ee years minimum service'and ' 40 accred(ted un, ts o1~ Assoc~i'ate Arts l).egre& in related' education' %,~ithtn the scope Of Fire'Science or Fire Technol.ogy .-'Plus 2, Completion of seven years of service with the City of South San' Francisco Fi re ,~e~artmen t - Plus 2~% - 3. Completion of seven'years of service and 40 accred.i ted uni t~, or an )kssociate Arts Degree in related education ~,~ithin the scope of Fire Science or. Fire Technology . . - Plus 7~%- 4. Completion of fourteen years of service s,~ith the City of South San Francisco Fi re Department - Plus 7½%- Employees from both ·Departments have from their third year to their fourteenth year to qualify for the 5% for education. If, by their fourteenth year, they have not clone so, o they are given the 5% at the completion of their 'fourteenth year. However, step NoI 4 will only apply to those employees presently with the Police or Fire DeparCments, and not for any employee hired after the effective date of this Plan. Exhibit "B" to Unit 7 i. lemorandum of. Understanding for July 1, 1982- August 31, 1983.