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HomeMy WebLinkAboutReso 135-1983RESOLUTION NO. 135-83 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH SAN FRANCISCO POLICE OFFICERS' ASSOCIATION FOR THE PERIOD OF JULY 1, 1983 THROUGH DECEMBER 31, 1984 WHEREAS, the City of South San Francisco City Council has recognized the South San Francisco Police Officers' Association as the employee organization representing a majority of those employees working in classifications in repre- sentation Unit #5; and WHEREAS, the representative of the City and the representatives of the Police Officers' Association have personally met and conferred and freely exchanged information, opinions and proposals; and WHEREAS, the representative of the City and the representatives of the Police Officers' Association have reached agreement on those wages, hours and conditions of employment which are to be in effect during the period of July 1, 1983 through December 31, 1984 for employees in representation Unit #5; and WHEREAS, the representative of the City and the representatives of the Police Officers' Association have jointly prepared a written Memorandum of Understanding; and WHEREAS, the written Memorandum of Understanding has been accepted by the membership of the Police Officers' Association; and WHEREAS, the City's representative joins with the Police Officers' Association representatives in recommending that the written Memorandum of Understanding be accepted and approved by the City Council; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby accepts and approves the Memorandum of Understanding which is attached hereto as Exhibit "A" and incorporated herein by this reference as is set forth verbatim between the City of South San Francisco and the South San Francisco Police Officers' Association which sets forth those wages, hours and conditions of employment to be in effect during the period of July 1, 1983 through December 31, 1984 for employees working in classifications in represen- tation Unit #5 and which Memorandum of Understanding shall be binding upon the City, upon the Police Officers' Association and upon the employees covered therein. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized to endorse on Page i and on the signature page of said Memorandum of Understanding the fol 1 owing: "Approved by City Council Resolution No. 135-83 adopted September 21 , 19 8,3." 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 21st day of September , 19 83, by the following vote: AYES: Councilmembers Ronald G. Acosta, Mark N. Addi~go, Fmanu~.l~ N. F~m~nt~, Gus Nicolopulos; and Roberta Cerri T~glia NOES: None ABSENT None ¸2. EXHIBIT "A" TO RESOLUTION NO. 135-83 September 21, 1983~ MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE SOUTH SAN FRANCISCO POLICE OFFICERS' ASSOCIATION Representation Unit 5 July l, 1983 through December 31, 1984 TABLE OF CONTENTS ARTICLE PREAMBLE SALARIES Wage Rates Step Advancement Education Incentives Special Assignments Promotion Implementation of New salary Schedule City's Payment of Employees Contribution to PERS 2. RETIREMENT CONVERSION OF CITY PERS CONTRIBUTION 3. HOLIDAYS o SICK LEAVE Light Duty Coverage Determi nati ons/Requi red Reports Light Duty Assignments Holidays & Vacations (During) Return to Full. Duty 5. MEDICAL APPOINTMENTS e EMERGENCY FAMILY LEAVE Bereavement Leave Definition of Immediate Family e EMPLOYEE BENEFITS Hea I th Dental Vision Life Insurance Long Term Disability 8. UNIFORM REIMBURSEMENT 9. RETIREMENT 10. VACATION 11. RETIRED PERSONNEL HEALTH INSURANCE 12. LAYOFF Order of Layoff Notice of Layoff Layoff Re-employment Lists PAGE 10 10 10 11 11 11 12 13. DISCIPLINARY ACTIONS 12 TABLE OF CONTENTS Pg. #2 13.2 NOTICE OF DISCIPLINARY ACTIONS 14. DEFERRED COMPENSATION 15. OVERTIME PAY 16. OVERTIME PAY - COURT APPEARANCES 17. EMPLOYEES COVERED 18. MODIFICATION 19. DISPUTE APPENDIX A - SALARY SCHEDULE APPENDIX B - WAGE RATE SCHEDULE 13 13 13 14 14 14 14 APPROVED BY CITY COUNCIL RESOLUTION NO. 135-83, ADOPTED 9/21/83. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE SOUTH SAN FRANCISCO POLICE OFFICERS' ASSOCIATION PREAMBLE THIS MEMORANDUM OF UNDERSTANDING is entered into by the City of South San Francisco, hereafter designated as "City" and the South San Francisco Police Officers' Associa- tion, hereafter designated as "Association", as a mutual agreement of those wages, hours and conditions of employment Which are to be in effect during the period July 1, 1983 through December 31, 1984 for those employees working in classifica- tions in representation Unit #5. ARTICLE 1. SALARIES A. Wage Rates 1. Wage rates for each step in the salary schedule shall be as set forth in Appendix A. 2. No employee shall' be compensated at a rate greater than the ceiling rate established for his or her classification. Educational Incentive and/or Special Assignment rate adjustments shall not cause an employee to be compensated at a rate greater than the ceiling rate established for each classification. B. Step Advancement Employees shall be required to complete the specified training or amount of time in continuous paid regular service at each step of the salary schedule prior to advancing to the next step of the schedule. Such training or time for each step shall be: STEP(S) TRAINING OR TIME From date of hire through the date of graduation from the Police Officers' Standards and Training Academy. From the first day after graduation from the Training Academy through the last day of the City Police Department's Field Training Program. From the first day after completion of the Field Training Program to one year from date of hire. 4 through 9 Six months at each step l0 through 26 Twelve months at each step ARTICLE 1. SALARIES (.continued) · B. Step Advancement (continued) New employees who have prior police training and/or experience may be compensated at any step in the salary schedule for the classification which is recommended by the Chief of Police and approved by the City Manager. Such employees shall 'be required to complete the specified training or time at their initial hire step prior to advancing to the next step of the salary schedule. C. Education Incentives 1. AA Degree or Intermediate P.O.S.T. Certificate An employee who has successfully completed probation and who possesses an Associate of Arts Degree from an accredited institution of learning and/or who possesses an Intermediate Police Officers' Standards and Training Certificate shall be compensated at the rate one step higher than the rate for which the employee qualifies pursuant to A and B above, provided that such higher rate does not exceed'the ceiling rate established for the employee's classification. 2. Bachelor's Degree or Advanced P.O.S.T. Certificate An employee who has successfully completed probation and who possesses a Bachelor's Degree from an accredited institution of learning and/or who possesses an Advanced Police Officers' Standards and Training Certificate shall be compensated at a rate two steps higher than the rate for which the employee qualifies pursuant to A and B above, provided that such higher rate does not exceed the ceiling rate established for the employee's classification. D. Special Assignments 1. Motorcycle Officer: A Police Officer who is assigned to Motorcycle Officer dut~ shall be compensated at the rate two steps higher than the rate for which the Officer qualifies pursuant to A, B and C above, provided that such higher rate does not exceed the ceiling rate established for the Police Officer classification. No more than four (4) Police Officers shall be assigned to Motorcycle Officer duty. 2. Dog Handler: A Police Officer who is assigned to Dog Handler duty shall be compensated at the rate two steps higher than the rate for which the Officer qualifies pursuant to A, B and C above, provided that such higher rate does not exceed the ceiling rate established for the Police Officer classification. No more than five (5) Police Officers shall be assigned to Dog Handler duty. 3, Field Training Officer: A Police Officer who is assigned to Field Training Officer duty shall be compensated at the rate two steps higher than the rate for which the Officer qualifies pursuant to A, B and C above, provided that such higher rate does not exceed the ceiling rate established for the Police Officer classification. No more than six (6) Police Officers shall be assigned to Field Training Officer duty. No Police Officer shall be assigned to Field Training Officer duty any sooner than February 24, 1984. ARTICLE 1. SALARIES (continued) D. Special Assignments (continued) The rate adjustment provided herein shall be removed in the event a Police Officer discontinues working special assignment duty. The Officer's rate shall be re-established at that rate for which the Officer qualifies pursuant to A, B and C above. The re-established rate shall become effective upon the date the Officer discontinues working special assignment duty. E. Promotion An employee who is promoted from one classification to a higher classification within the Unit shall have his or her rate set at the first step of the new classification'or at the rate for the step two steps higher than the rate earned by the employee prior to the 'promotion, whichever new rate is higher. Prior to advancing to the next step of the new schedule, the promoted emplo~yee will be required to complete the specified tim6 in each step of the new classification commending with the date of promotion. F. Implementation of Salary Schedule for Current Employees Notwithstanding the provisions of A, B, C, D and E above, each employee who was employed by the City in a classification covered by this Memorandum on September 21, 1983 shall be compensated at the rates prescribed for such employee in Appendix B. Each rate provided for each employee in Appendix B shall become effective upon the prescribed date. Each current employee shall have his or her step placement in the salary schedule in Appendix A determined by that step upon which the employee is placed in the schedule on December 31, 1984. Each current employee shall be required to complete the specified training or time in the applicable step prior to advancing to the next step of the schedule; however, all applicable training and time served by each employee in the step prior to December 31, 1984 shall be applied in determining the employee's next step advancement. Nothing herein shall prohibit the rate prescribed for an employee in Appendix B to be adjusted in the event that such employee qualifies for a rate adjustment pursuant to the provisions of C, D or E above during the term of this Memorandum. In no event, however, shall an employee who is noted in Appendix B as receiving a rate adjustment for Education Incentive qualifty for any further rate adjustment pursuant to C above. G. City Payment of Employee's Contribution to PERS Commencing with the pay period which included January l, 1982, 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 clarifi- cation, the employee's contribution to PERS will be reduced by the City from nine percent (9%) to two percent (2%). The City's assumption of the employee's payment of PERS shall be under the authority of this Memorandum of Understanding, and any applicable Government Code provision which permit this payment without amending the retirement contract with PERS. ARTICLE 2. RETIREMENT CONVERSION OF CITY PERS CONTR[BUTI]ON 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 calulated as follows: Employee's Base Non-Converted Hourly Rate x 1.07 == Employee's Base Hourly Cohvertecl Rate. In establishing the actual Converted Rate per hour, fractions of one'cent with a value of 4 or less will be disgarded and fractions of one cent with a value of 5 or greater shall increase the hourly rate by one cent. Employees who wish to exercise this one-time, irrevocable conversion, must meet the following service 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 6r Non-Industrial): Eligible fo~ disability retirement with conversion to take place one day prior to the actual date of retirement, 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. Employees who 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 to the City the increased costs including but not limited to benefit contributions, overtime, holiday pay, and City contribution to PERS. The costs owed to the City will be from the time of conversion to the actual · date of retirement. ARTICLE 3. HOLIDAYS. The following are authorized holidays: (1) January 1 (2) Third Monday in February (3) Last Monday in May (4) July 4th (5) First Monday in September (6) Second Monday in October (7) November 11th (8) Fourth Thursday in November (9) Fourth Friday in November (10) December 24th (four hours) '(11) December 25th (12) December 31st (four hours) (New Year's Day) (Washington' s Birthday) (Memorial Day) ( Independence Day) (Labor Day) (Col umbus 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) A. Employees, who by nature of their assignment, are unable to observe City holidays, shall be compensated for authorized holidays as follows' Eight (8) hours of straight time overtime for the holiday and straight time for the hours worked. Personnel scheduled to work on a City holiday, but are -4- payment in accordance with the provisions as long as he is not receiving 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 pur suant 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 Head so verifying. ARTICLE 4. SICK LEAVE. A. All permanent and probationary employees in Unit 5, except those who work less than full-time, 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 entitled to receive from Workers' Compensation or other income supplement sources existing by reason of the employee's employment by City. In consideration of receiving said base salary for said period, employee assigns to City all rights to receive Workers' Compensation or other income supplements arising by reason of employee's employment by City. In addition, during said ninety 190) calendar days, City will provide pre- viously agreed upon health, dental, vision 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 the expiration of the ninety (90) calendar days described above. 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. The City will also continue to pay pre viously agreed upon premiums for such employee on all health, dental, life, vision .and Long Term Disavility insurance until the date of separation. C. 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 commen- cement 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 of extend coverage beyond three hundred sixty-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 from the city's service. Nothing contained 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. E. The compensation for sick leave actually taken, described in the preceding subparagraphs, is the only compensation for sick leave actually taken which the City will pay, beginning with the pay period that includes July 1, 1977. To be entitled to receive that compensation, the employee must satisfy all of the following conditions: -5- 1. The employee must notify his or her immediate supervisor prior to, or within two (2) hours after, the commencement of the daily work period for which compensated sick leave is sought; provided, that police employees serving on shift assignments must notify supervisors prior to the shift, in accordance with departmental policy. 2. 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 division commander with 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 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 has recovered and is able to perform assigned work. F. "Sick Leave, as used herein, is defined as period of time during which the employee suffers actual personal illness or disability which necessitates his absence from employment. Sick leave is not a right or privilege to be used at the descretion of the employee. ' G. Beginning with the pay period which included July 1, 1977, employees shall not be entitled to accumulate unused sick leave. In accordance with City's Personnel Rules and Regulations in effect as of the date of this agreement, each employee will be entitled to payment at his or her salary, existing at time of separation, of fifty percent 150%) of the days accumulated sick leave, which accumulated days of sick leave shall not exceed one hundred twenty (120) days. Compensation for accumulated sick leave shall be payable at the time of separation or if elected by the employee, payment may be deferred to no later than the first payroll period in the following calen- dar year. 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 fifty percent (50%) described herein, then such mandated percen- tage shall supersede the percentage described herein. H. In the event a disabled or ill employee is entitled to receive full pay pur- suant to state or federal law for more than ninety (90) days from the com- mencement of illness or disability, then City has no obligation to provide the base salary described in subparagraph (a) hereinabove. I. LIGHT DUTY' The purpose of this light duty program is to minimize the loss of productive time, while at the same time reintroducing the employee to work sooner to prevent deterioration of skill s, facilitate recovery and reduce income loss. Light duty assignments will be structured so that employees are not placed in a duty status that would aggravate of reincur an injury or illness. 1. Coverage- -6- Any employee who suffers a temporary and partial disability either due to an industrial or non-industrial injury or illness will be covered by this 1 ight duty program. 2, Determinations/Required Reports: A. Light duty assignments may be made following evaluation and deter- mination by the Department Head. The determination will be based on available medical information, and consultation with the employee and affected supervisor. Determinations will also be based on the needs of the City and the impact of light duty on departmental operations. The evaluation and determination of light duty assignments may be initiated by the Department Head or at the request of the employee or the affected supervisor. B. After the initial report, updated medical reports shall be submitted to the Department Head at two weeks intervals, or at other agreed upon intervals for as long as the employee is off work. Reports well be required for all industrial or non-industrial injuries or illnesses regardless of whether or not a light duty assignment has been made. C. Reports will be evaluated by the Department Head for purposes of continuing or terminating a current light duty assignment or to determine when to commence a light duty assignment. 3. Light Duty Assignments - Definitions/Restrictions- A. Light duty assingments may consist of reduced work hours, limited work or any combination thereof. B. Light duty assignments will not adversely effect the employees normal wage rate or retirement benefits. C. Light duty assignments will be within the employee's assigned department and will involve work which is consistent with the duties of the employees classification. D. When feasible, light duty assignments will be during the employees normal shift and duty hours. However, if it is determined that no useful work will be performed during the normal shift and duty hours, the employee will be assigned light duty during normal office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. E. Specific light duty assignments will be developed, based on a case by case review of the medical restrictions, so as not to aggravate or reincur an injury or illness. F. Employees will not be placed in light duty assignments that, in the normal course of events, will require that they provide direct field emergency response. -7- 4. Holidays/Vacations- A. HOlidays shall be observed in accordance with the light duty assignment work hours and work week. That is, if an employee is assigned to work hours in a department, division or operating unit where employees in that work unit take the holiday off, so shall the light duty. employee. If the employee is assigned to work hours in a work unit whets the employees in the unit work holidays, so shall the light duty employee. Compensation for holidays shall be in'accordance with applicable Memorandums of ' Understanding or the Personnel Rules and Regulations. ., .i B. Employees assi§ned to light duty shall take their assi§ned {selected) vacation as normally scheduled. Vacations shall cover the same number of duty and calendar days as would have been enjoyed by the employee if they had remained on full 'duty. Employees may reschedule their assigned {selected) vacation with the approval of the department head. provided the reschedulin, g does not affect the scheduled vacatlonof other employees.and does not result in increased costs or lost time to the City for relief personnel, to cover the re-scheduled vacation. " . 5. Return to Full Duty: , Employees will be returned to full duty as soon as possible following medical certification that the employee is able to resume the full duties of his/her classification ARTICLE 5. ME~DICAL APPONTMENTS. Employees shall be entitled to receive 'authorization for leave without'loss of pay for appointments with medical doctors 'and dentists. Such l'eave shall be authorized only for the actual time necessary for the appointment and for tra- veling 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. ~ ARTICLE 6. EMERGENCY FAMILY LEAVE- A. An employee may use up to 24 hours per calendar year in order that he/she may care for a sick or injured member or 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 membergrr 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 employees's mother, father or child~ Leave usage form's and notification procedures will con- tinue to be used, provided the City reserves the right ~'~ take such action it deems necessary to confirm or verify use of .this leave. B. BEREAVEMENT LEAVE Each employee may take leave without loss of pay for up to five (5) workdays per calendar .year in the case of the death of any immediate family member as defined in section (C). C' DEFINITION OF IMMEDIATE FAMILY parents, spouse, brothers, sister, 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' opinion, there exists an extraordinarily close relationship between the employee and such person. ARTICLE 7. EMPLOYEE BENEFITS A. Health Insurances as presnted July 21 1983. The City shall provide a fully paid health insurance Plan for permanent full-time employees and their eli- gible dependents with the option available to the employee to select either the Kaiser "S" Plan, or Bay Pacific Health Plan. B. Dental. The self-insured program of dental care benefits existing as of April 1, 1979, shall be continued during the term of this Memorandum of Understanding. C. Vision Care Plan. The City shall provide for permanent full-time employees and their eligible dependents the Group Vi si on Care Plan, dated January, 1975, designated VSP Plan B, .Employee and Dependent, with a ten dollar ($10) deductible. Life Insurance. The term life insurance, including accidental death and dismemberment, in the amount of five-thousand dollars ($5,000) per employee, shall be continued during the term of this Memorandum of Understanding. E. Long-Term Disability Insurance. A long-term disability insurance plan which, subject to the terms and conditions thereof, shall provide for payment of up to two-thirds (2/3) of base salary during disability and shall be continued at the current benefit levels during the term of this Memorandum of Under standing. ARTICLE 8. UNIFORM REIMBURSEMENT. Each employee in Unit 5 can receive up to four hundred dollars ($400) per fiscal year for the purchase of approved uniform items, subject to the following conditions: 1. Each current employee in Unit 5 shall be required to purchase a depart- mental approved bullet proof vest. This purchase is reimbursable under the uniform reimbursement program whether purchase occurred previously or under this Agreement. Each employee shall be required to have the approved vest on their person or in their ready bay during each duty shift. -9- '2. Claims for reimbursements for the purchase of approved uniform items can only be submitted during the months of September, January and May. Extraordinary circumstances requiring reimbursement at other times during the year may be permitted by the Chief of Police. 3. New employees shall not be eligible for reimbursement during their first. year of employment. After the first year, they will be eligible for up to four hundred dollars !$400) per year, less the cost of their bullet proof vest at a rate of one hundred dollars ($100) per year. ARTICLE 9. RETIREMENT. The benefit contract commonly referred to as the 2% at Age 50 Formula in effect between the City and Public Employee's Retirement System {PERS) in behalf of eligible permanent full-time employees of this Unit as of April 1, 1979, shall be continued during the term of this Memorandum of Understanding. ARTICLE 10. VACATION. A. Beginning with the pay period which included January 1, 19'76, employees in Unit 5 shall be entitled to accrue annual vacations without loss of pay in accordance with the following schedule: Length of Service Annual Vacation One to four years, inclusive Five to fourteen years, inclusive Fifteen to twenty-four years, inclusive Twenty-five or more years 96 working hours 136 working hours 176 working hours 216 working hours B. Employees who have scheduled and taken a minimum of twelve (12) vacation days during each calendar year shall be permitted to receive the cash value of up to six (6) days of unused but accrued vacation. ARTICLE 11. RETIRED PERSONNEL HEALTH INSURANCE PLAN. Effective July 1, 1981, the City will pay the following amount: A. Eighty-five percent {85%) of the retiree's premium for said health insurance plan provided the employee retires with a service retirement with twenty (20) years service or retires with a disability retirement. B. Employees with retiree health insurance coverage, as' described in the 1979-81 Memorandum of Understanding between the City and Unit 5, shall con- tinue such coverage under the same terms and conditions. City will continue contributing to said heal th plan in the amount described above until the employee reaches age sixty-five {65) or becomes gainfully employed as hereinafter defined, whichever comes first. "Gainfully employed" as used herein is defined as employment or self-employment which -10- produces gross income for the individual in an amount in excess of twenty- five percent (25%) of the base salary then being paid for the position said employee last held with the City, or for comparable position if the employee's last position has been abolished. Once coverage has been ter- minated because of age or employment, employee forfeits any further right to coverage. Employee must elect coverage immediately prior to retirement. ARTICLE 12. LAYOFF. A. Whenever, in the judgment of the City Council, it becomes necessary in the interest of economy or because of necessity for the position or employment involved no longer exists, the City Council may abolish any position or employment in the competitive service and layoff, reassign, demote, or transfer an employee holding such position or employment without filing written charges. The appointing authority may likewise layoff an employee in the competitive service because of material change in duties or organiza- tion, or shortage of work or funds. B. Seniority, for the purpose of layoff, is defined as length of continuous full-time employment within 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 to State Military and Veteran's Code. C. Order of Layoff. When one or more employees performing in the same 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 depart- ment shall be as follows: 1. Probationary employees in inverse order of 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. Whenever two or more employees have identical classification seniority, the order of layoff shall be determined by an established departmental seniority policy (badge numbers in Safety Departments) or in the absence or dispute thereof, random selections. D. Notice of Layoff. Employees shall be forwarded written notice, including reasons therefor, by Certified Registered Mail, Return Receipt Requested or Personally Served, a minimum of twenty (20) working days prior to the effec- tive date of layoff. An employee receiving said notice may respond, in writing, to the City Manager. The employee' s representative shall receive concurrent notice, and upon request, shall be afforded an opportunity to meet with the City to discuss the circumstances requiring the layoff and any proposed alternatives which do not include the consideration of the merits, necessity or organization of any service or activity. The provisions of subsection (e), must be requested by the employee, in writing, fifteen (15) working days prior to the effective date of layoff. -11- E. Layoff Re, employment/Reinstatement Lists. 1. Probationary and permanent employees who 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 seniority. Vacant positions within the classification shall first be offered to employees on this list. 2. Employees who are laid off shall have their names placed on a reemployment list of classifications which, in the opinion of the Personnel Officer, requires basically the same qualifications and dutieS and responsibilities as those of the classification form which the layoff occurred, in order of seniority. Vacant positions in such classifications shall be offered to eligibles on the reemployment list who qualify for such vacancies prior to an open or promotional recruit- ment. 3. No name shall be carried on a reinstatement or reemployment list for a period longer than two years. Refusal to accept the first offer or reinstatement or reemployment within the same classification shall cause the name to be dropped from list. Individuals not responding to written notification, by Certified Mail, Return Receipt Requested, forwarded to their last given address, of an opening within ten (10) working days from mailing shall have their names removed from either a reinstatement or reemployment list. Individuals who do not meet current employment standards (i.e.., medical, licenses, etc.}, shall have their names removed from either a reinstatement or reemployment list. 4. Probationary employees appointed from a reinstatement or reemployment list must serve the remainder of their probationary period in order to attain permanent status. ARTICLE 13. DISCIPLINARY ACTIONS. , - Action by City. The City shall take disciplinary action against a permanent employee for misconduct including, but not limited to: Chronic absenteeism; incompetence; insubordination; failure to follow work rules; misstatement of fact on an application or other personnel document; falsification of records; unfitness for duty; and absence without authorized leave. Disciplinary action may take the form of suspension, pay reduction, demotion or discharge. All disciplinary action taken against an employee in the Classified Service must receive the prior approval of the appointing authority except under emergency circumstances which dictate immediate suspension of the employee by the depart- ment head or subordinate supervisor. In such cases, the employee's department head shall immediately report the action taken to the appointing authority who shall review the case and make a determination concerning the appropriateness of the suspension and of further disciplinary action. All actions resulting in salary reductions shall be subject to review by the appointing authority and the department head involved within thirty (30) days following the effective date of the initial action and at regular intervals -12- ~hereafter. Actions resulting in demotions may be reviewed by the appointing authority at his sole discretion. ARTICLE 13.2 Notice of Disciplinary Action. The City shall provide the affected employee with written notice prior to taking disciplinary action, except where circumstances dictate the City taking immediate action to remove the employee from the work place. In such cases, written notice., as set forth below, shall 6e provided the employee within two (2) working from the date of the action. In all cases, written notice of disciplinary action shall be served on the employee personally or be Certified Registered Mail, with a copy of the notice to be placed in the employee's personnel file. The written notice shall contain the following information- a) The type of disciplinary action. b) The effective date of the action. c) The reason or cause for the action. d) That the employee may inspect copies of all materials upon which the action i s based. e) That the employee has the right to respond, either orally or in writing, to the authority initially imposing the discipline. Except for instances where disciplinary action must be imposed immediately, the notice shall be provided the employee no later than ten 110) working days before the disciplinary action is to be effective. Where immediate disciplinary action has been imposed, such action will be final until the aforementioned notice has been furnished the employee and the employee has been provided no less than ten (10) working days from receipt of the notice to respond to the authority ini- tially imposing the discipline. Once the proposed disciplinary action has been imposed, the affected employee shall have the right to appeal. Such appeals shall be filed directly at the fourth step of the grievance procedure set forth in Rule 14 of the Personnel Rules and Regulations. ARTICLE 14. DEFERRED COMPENSATION. All permanent full-time employees are eli§ible, subject to the terms and con- ditions thereof, to participate in the City of South San Francisco Deferred Compensation Plan. ARTICLE 15. OVERTIME PAY. A. Authorized work performed by employees, in excess of their scheduled work day or work week, shall constitute overtime except as otherwise provided. Employees required to work (excluding training} in excess of their scheduled hours of work shall be compensated for each overtime hour so worked at the -13- rate of one and one-hal f (11/2) times the employee' s base rate of pay. Employees required to attend training sessions, in excess of their scheduled hours of work, shall be compensated for each hour of straight time. Employees may, with the supervisor's approval, receive pay at the appropriate for each overtime hour; or accumulate compensatory time in accordance with departmental policies, not to exceed 40 hours. All compen- sable time off may be taken in accordance with departmental policies. ARITCLE 16. OVERTIME PAY FOR COURT APPEARANCES. Employees who 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 overtime pay at the rate of one and one-half (11/2) 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 sche- duled work dates (including voluntary overtime shift assignments) and a minimum of three (3) hours overtime pay for such court appearances which occur on non-scheduled work dates. ARTICLE 17. EMPLOYEES COVERED. The provisions of this Memorandum apply to all employees represented by Unit 5 - South San Francisco Police Officer's Association. ARTICLE 18. MODIFICATION. This Memorandum of Understanding shall supersede all existing and prior Memoranda of Understanding between the City and Unit 5 and conflicting Personnel Rules, Regulations, Resolutions and Ordinances. This Memorandum of Understanding does not modify any provisions of the Personnel Rules of the City except as expressly provided herein. ARTICLE 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 ~/-~--~-~ day of September, 1983. ,~Y REP/,,,~,SENTA~VES / APPROVED BY CITY COUNCIL RESOLUTION NO. 135-83, ADOPTED 9/21/83. -14- SALARY SCHEDULE APPENDIX A ~;T E____?_P 2 3 4 5 6 8 9 lO 11 12 , 3 15 16 17 18 19 20 21 22 23 24 ,_6 .HOURLY RATE 9.30 9.77 10.26 10.52 10.78 ll .05 ll .33 11.61 ll .90 12.20 12.51 12.82 13.14 13.47 13.81 14.16 14.51 14.87 15.24 15.62 16.01 16.-~ l 16.82 17.24 17.67 18.11 B I-WEEKLY RATE 744.00 - 781.60 820.80 841.60 862.40 884.00 906.40 928.80 952.00 976.00 1,000.80 1,025.60 1,051.20 1,077.60 l, lOq..80 1,1-32.80 1,160.80 I,'189.60 1,219.20 1,249.60 l ,280.80 I ,312.80 1,345.60 1,379.20 1 ,,tl3.60 1,448.80 APPROX MO. 1,612 1,693 1,778 'l ,823 1,869 1,915 1,964 2,012 2,063 2,115 2,168 2,222 2,278 2,335 2,394 2,454 2,515 2,577 2,642 2~707 2,775 2,844 2~915 2,988 3,063 3,139 APPROX ANNUAL 19,344 20,322 21,341 21,882 22,422 22,984 23,566 24,149 24,752 25,376 26,021 26,666 27,331 28,018 28,725 29,453 · 30,181 30,930 31,699 32= 490 33,301 34,133 34,986 35,859 36,754 37,669 APPENDIX B POLICE OFFICER - CURRENT EMPLOYEE WAGE RATE CHANGE SCHEDULE (All rates are in hourly amounts) (Any correction to an employee's rate shall be made by mutual agreement between the City and the Association) EMPL # #0202 #0204 #0205 #0210 #0211 #0217 #021.8 #0219 #0221 #0223 #0225 #0226 #0230 #0232 #0237 #0238 #0241 7/1/83 #1 #2 #3 #4 RATE RATE DATE RATE DATE RATE DATE RATE DATE 12..47 13.14 8/26/83 13.81 2/24/84 14.16 4/7/84 14.87 6/29/84 10.26 10.78 8/26/83 11.33 11/24/83 12.20 5/24/84 12.51 11/24/84 11.88 12.51 8/26/83 12.82 12/9/83 13.14 12/9/84 10.78 9/06/83 11.05 3/6/84 11.33 9/6/84 12.47 13.14 8/26/83 13.47 12/9/83 13.81 12/9/84 11.88 12.51 8/26/83 12.82 12/23/83 13.14 6/23/84 10.77 11.33 8/26/83 11.90 11/18/83 12.82 5/18/84 11.88 12.82 8/26/83 13.14 6/23/84 10.77 11.33 8/26/83 11.90 11/18/83 12.20 5/18/84 10.77 11.33 8/26/83 11.61 12/29/83 12.20 6/29/84 12.47 13,14 8/26/83 13.81 10.77 11.33 8/26/83 11.61 11.31 11.90 8/26/83 12.51 3/6/84 11/2/83 ll .90 5/2/84 12.20 6/23/84 12.80 13,47 8/26/83 14.16 2/24/84 14.87 6/29/84 11.88 12.51 8/26/83 13.14 2/24/84 13.81 5/11/84 14.51 12.47 13.14 8/26/83 13.81 2/20/84 14.51 6/29/84 10.78 9/06/83~ 11.05 3/6/84 11.33 9/6/84 11/2/84 11/11/84 12/31/84 INCL. INCL. INCL. STEP # EDUC . CYCLE K-9 15 X X 9 X 13 7 13 X 11 X 10 X 11 X 10 10 13 X 10 11 17 13 X 13 X I'NCL. EDUC. == 12/31/84 Rate includes an adjustment for Educatinn Incentive INCL: CYCLE ,/31/84 Rate includes an adjustment for Moto~ Officer duty INCL. K-9 := i2/31/84 Rate includes an adjustment for Dog Hahdler Duty APPENDIX B POLICE OFFICER-CURRENT EMPLOYEE WAGE RATE CHANGE SCHEDULE (All rates are in hourly amounts) ~f, iann~edt~ (Any correction to an employee's rate shall be made only by mutual agreemen~ between Lhe '" e Association') · , 7/1/83 #1 #2 #3 #4 12/31/84 INCL. INCL. INCL. .~.MP ~ RATE RATE _' DATE 'RATE,',_ 'DATE RATE 'DATE RATE DATE STEP # INCTV. CYCLE K-9 #0244 10.77 11.31 7/26/83 11.90 8/26/83 12.20 1/26/84 10 #0245 10.26 10.78 8/26/83 11.33 11/24/83 12.20 5/24/84 12.51 11/24/84 9 X #0246 10.77 11.31 7/26/83 11.90 8/26/83 12.82 1/26/84 10 X #0249 11.31 11.90 8/26/83 12.20 11/24~/83 12.51 11/14/84 11 #0252 10.26 10.78 8/26/83 11.33 11/24/83 11.61 5/24/84 11.90 11/24/84 9 #0254 10.26 11.05 8/26/83 11.33 3/7/84 12.20 9/7/84 8 #0255 12.80 ~' 13.43 8/01/83 14.16 8/26./83 14.51 2/24/84 14.87 6/29/84 18 X X #0257 12.49 13.14 8/26/83 13.81 2/24/84 14.16 8/20/84 12 #0260 11.88 12.51 8/26/83 12.82 9/4/84 12 #0263 10.77 11.31 7/26/83 11.90 8/26/83 12.20 1/26/84 10 #0267 12.77 13.47 8/26/83 14.16 2/24/84 14.87 6/29/84 15 #0270 10.77 11.31 7/26/83 ll .90 8/26/83 12.82 1/26/84 10 #0271 13.43 14.16 8/26/83 14.51 2/24/84 14.87 6/29/84 17 #0272 11.31 11.88 8/4/83 12.51 8/26/83 13.14 2/4/84 ll #0274 10.77 11.33 8/26/83 11.61 12/27/83 11.90 6/27/84 9 #0277 9.77 10.26 7/24/83 10.78 8/26/83 11.05 1/24/84 ll .33 7/24/84 7 #0278 9.77 10.26 7/24/83 10.78 8/26/83 11.05 1/24/84 11.33 7/24/84 7 #0279 10.77 11.33 8/26/83 11.90 3/18/84 12.82 9/18/84 10 #0386 10.26 10.78 8/26/83· 11.33 11/24/83 12.20 5/24/84 12.51 INCL INCTV :: 12/31/84 Rate includes an adjustment for Education Incentive INCL CYCLE := 12/31/84 Rate includes an adjustment for Motorcycle Officer duty IN~CL K-9 =: 12/31/84 Rate includes an adjustment for Dog lq~nd!er duty _ - 11/24/84 9 APPENDIX B POLICE OFFICER II - CURRENT EMPLOYEE WAGE RATE CHANGE SCHEDULE (All rates are in hourly amounts) (Any correction to an employee's rate shall only be made by mutu'al agreement between the City and the Association) RATE #1 #2 #3 12/31/84 INCLUDES EMP. # 7/1/83 RATE DATE RATE DATE RATE DATE STEP # INCENTIVES #0203 13.08 13.81 8/26/83 14.51 2/24/84 14.87 11/19/84 18 X #0209 15.06 15.97 8/26/83 16.71 2/24/84 17.13 8/24/84 21 (Conv.) X #0214 14.06 14.87 8/26/83 15.62 2/24/84 16.01 8/24/84 21 X #0215 14.06 14.87 8/26/83 15.62 2/24/84 16.01 8/24/84 21 X #0216 13.74 14.51 8/26/83 17 X #0222 14.06 14.87 8/26/83 15.62 2/24/84 16.01 8/24/84 21 X #0229 14.06 14.87 8/26/83 15.62 2/24/84 16.01 8/24/84 21 X #0236 13.74 14.51 8/26/83 14.87 4/8/84 18 X #0248 14.06 14.87 8/26/83 15.62 2/24/84 16.01 8/24/84 21 X #0261 14.06 14.87 8/26/83 15.62 2/24/84 16.01 8/24/84 21 X #0262 14.06 14.87 8/26/83 15.62 2/24/84 16.01 8/24/84 21 X #0264 14.06 14.87 8/26/83 15.62 2/24/84 16.01 8/24/84 21 X #0269 13.46 14.06 7/30/83 14.87 8/26/83 15.62 7/30/84 20 X #0273. 14.06 14.87 8/26/83 15.24 8/1/84 19 X #0368 t3,41 14.16 8/26/83 14.87 2/24/84 15.24 8/24/84 19 X x APPENDIX B POLICE SERGEANT - CURRENT EMPLOYEE WAGE RATE CHANGE SCHEDULE (All rates are in hourly amounts) (Any correctio~ to an employee's rate shall only be made by mutual agreement between the City and the Association) RATE #1 #2 #3 12/31/84 EMP. # 7/1/83 RATE DATE RATE DATE ~ATE DATE STEP # #0207 15.53 16.41 8/26/83 17.24 2/24/84 17.67 8/24/84 25 X #0213 14.80 15.62 8/26/83 16.41 2/24/84 16.82 8/24/84 23 X #0228 15.53 16.41 8/26/83 17.24 2/24/84 17.67 8/24/84 25 X #0231 15.53 16.41 8/26/83 17.24 2/24/84 17.67 8/24/84 25 X #0234 15.53 16.41 8/26/83 17.24 2/24/84 17.67' 8/24/84 25 X #0250 15.53 16.41 8/26/83 17.24 2/24/84 17.67 8/24/84 25 X #0256 15.53 16.41 8/26/83 17.24 2/24/84 17.67 8/24/84 25 X #0259 15.53 16.41 8/26/83 17.24 2/24/84 17.67 8/24/84 25 X #0268 15.53 16.41 8/26/83 17.24 2/24/84 17.67 8/24/84 25 X #0354 15.53 16.41 8/26/83 17.24 2/24/84 17.67 8/24/84 25 X INCLIIDES INCENTIVES