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HomeMy WebLinkAboutReso 176-1986 RESOLUTION NO~ 176-86 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ACCEPTING AND APPROVING GRIEVANCE SETTLEMENTS AND AMENDMENTS TO THE MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE SOUTH SAN FRANCISCO POLICE OFFICERS ASSOCIATION, UNITS 5 AND 7 FOR THE PERIOD OCTOBER 29, 1986 THROUGH DECEMBER 31, 1986 WHEREAS, the City Council of the City of South San Francisco 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 Units 5 and 7; and WHEREAS, the existing Units 5 and 7 will be merged into the new Unit desig- nated as City Unit "C"; and WHEREAS, inclusion in this Unit is not intended to add, subtract, or in any manner modify the terms and conditions of employment except those as specifically set forth in the attached document; and WHEREAS, the representative of the City and the representatives of t~e South San Francisco 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 South San Francisco Police Officers Association have reached an agreement on grievance settlements and amendments to the Memoranda of Understanding which are to be in effect during the period October 29, 1986 through December 31, 1986 for employees in representation Units 5 and 7; and WHEREAS, the representative of the City and the representatives of the South San Francisco Police Officers Association have jointly prepared an agreement; and WHEREAS, the City's representative recommends that the agreement 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 agreement which is attached as Exhibit "A", between the City of South San Francisco and the South San Francisco Police Officers Association which sets forth those grievance settlements and amendments to the Memoranda of Understanding to be in effect during the period of October 29, 1986 through December 31, 1986 for employees working in classifi- cations in representation Units 5 and 7, and which agreement shall be binding upon the City, upon the South San Francisco Police Officers Association and upon the employees covered therein. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to endorse on Page 1, and on the signature page of said agreement, the following: "Approved by City Council Resolution No. 176-86 adopted Oct. 29, , 1986" I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at an adj. regular meeting held on the 29th day of October , 19 86 by the following vote: AYES: Councilmembers Mark N. Addiego, John "Jack" Drago, Richard A. Haffey, Gus Nicolopulos and Roberta Cerri Teglia NOES: None ABSENT: None -2- RESOLUTION NO. 176-86 EXHIBIT GRIEVANCE SETTLEMENTS AND AMENDMENTS TO THE MEMORANDA OF UNDERSTANDING The undersigned parties agree to the following settlement of outstanding issues: The Gutierrez grievance regarding the placement of Police Officer II's on the schedule shall be resolved in full by placing the grievant on Step 19, effective February 15, 1986. All other Police Officer II's hired hereafter will be placed on Step 19. The grievant waives all rights to any other recovery or payment which is related to this placement on the schedule. The grievance pending arbitration concerning the "frozen steps" on the salary schedule shall be resolved in full by allowing appropriate placement on the steps (Police Officer II and Sergeant) effective January 1, 1985, for all employees who would qualify for such placement as of that date. The existing Units #5 and #7, Police Department Sworn and Nonsworn, will be merged into the new unit designated as City Unit "C." Inclusion in this Unit is not intended to add, subtract, or in any manner modify the terms and conditions of employment, except those as specifically set forth below. The Union agrees to modify the existing Memoranda of Understanding by adopting a revision to the sick-leave plan and the long term disability plan which are attached hereto and incorporated by reference (see attached). In the event the revised sick leave program, attached hereto and incorporated by reference, is found invalid as a result of the passage of State Proposition 61 (Gann Initiative), the City agrees to meet and confer on the various implications of this initiative. It is neither of the partys' intent to benefit from adverse consequences to the other party resulting from the passage of the initiative. 6. The City agrees, at the employee's expense, to continue the medical, dental, and/or vision group coverage at ~-~ /~he_City's rate upon separation from employment for a ~~~d of up to eighteen (18) months. /~ F~Y\i~h~ U~on~ S.-S.F.P.O.A. ~r~t/he~~ Date Date -1- The following modifications are made to the Unit 5 Memorandum of Understanding: 1. Article. 4, governing Sick Leave is amended as follows: ARTICL~ 4. SICK LEAVE A. Every permanent and probationary employee, except those employees Who work less than full time, who is temporarily and/or partially disabled from performing the full scope of the usual and customary duties of his or her classification as the result of an injury of illness which is not industrially caused, shall be eligible to receive sick leave without loss of salary or benefits within the limits set forth below. B. Amount of Sick Leave: 1. Effective October 1, 1986, each employee will accrue one day per month of employment for purposes.of sick le&ve. Such leave may be accumulated without limit. 2. In addition, on October 1, 1986, each employee will be credited with an amount of sick leave which would have been. accrued during the period of theg0-da¥ sick leave plan, including the deduction for any actual usage; beginning July 1, 1977. 3. Any employee who has an accrued sick leave of less than twelve (12) days can be advanced up to a maximum of eleven (11) days of sick leave after exhaustion of all accrued, sick leave. C. Sick Leave Request: An employee shall prepare and present a request for aid sick leave on each occurrence of sick leave on such forms and in accordance with such policies, and procedures established for sick leave requests by the Police Chief or the Chief's designee. D. ApDroval of Sick Leave Request: The Police Chief or the Chief's designee shall review all sick leave requests and, if approve~ by the Police Chief or the Chief's designee, the request for paid sick leave for an employee shall be granted° The Police Chief or the Chief's designee shall not unreasonably withhold approval of the employee's sick leave request. "Sick Leave" as used herein, is defined as a period of time during which the employee suffers actual illness or injury which necessitates his or her absence from employment. Sick Leave is not a right or privilege to be used at the discretion of the employee. 1. Notification: 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. Verification of Injury or Illness: a. Usual Verification: An employee requesting paid sick leave shall provide reasonable verification of the illness or ihjury, usually in the form of the employee's personal affidavit of injury of illness. b. Doctor's Verification: The Chief or his designee may require a verification prepared and signed by a medical doctor, which describes the nature and extent of the illness or injury and which confirms that the employee has fully recovered and is able to perform the full scope of the normal and customary duties of the classification. This verification shall be required when an employee is absent due to illness or injury for a period of thirty- nine (39) hours. In addition, the Chief may require a medical verification any time the Chief has reasonable basis to believe that the leave has been abused by an individual employee. Such me. dical verification request shall not be unreasonably imposed. E. Payment of Unused AccumUlated Sick Leave for Employees Wh~ Accumulate Sick Leave prior to the Discontinued 90 Day Plan 1. Eligible Employees:' An employee who had acCumulated and unused sick leave hours on record under the discontinued sick leave accumulation plan shall be eligible to receive payment under this provision. 2. Number of Hours Payable: An eligible employee shall receive payment for fifty percent (50%) of the unused sick leave hours on record, up to a maximum of nine hundred and sixty (960) of such recorded hours (maximum of 480 comparable hours), for the accumulation through the pay period which included July 1, 1977. 3. Time of Payment: An employee or an employee's beneficiary shall become eligible to receive payment for unused sick leave hours either: (1) upon the death of the employee, (2) upon the retirement of the employee, or (3) within three months from the date of the signing of this Agreement. Pay- ment may be made at the time of an employee's death or retirement or may be deferred to the first payroll period in the calendar year immediately following, at the option of the payee. F. Payment of Unused Accumulated Sick Leave Accrued After October 1, 1986. Upon death, separation from City emploYment as a result of a work related injury, or full service retirement after twenty (20) years of service or retirement at ag~ fifty (50), aU employee shall be paid for one-half (1/2) of the acc%u~ulated sick leave at the time of separation, retirement or death. Payment of unused sick leave hours shall be made at the employee's hourly rate. No employee shall, however, receive payment for any recorded hours in excess of one thousand two hundred (1200) and the maximum payable hours shall be six hundred (6~0). This accrual shall include the amount credited, if any, on October 1, 1986, for the period when the 90-day sick leave plan was in effect. G. 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 skills, facilitate recovery an~. reduce income loss. Light duty assignments will be structured so that employees are not placed in a duty status that would aggravate or reincur an injury or illness. 1. Coverage: Any employee who suffers a temporary and partial disability due to an industrial or non-industrial injury or illness will be covered by this light duty program. 2. Determination/Required Reports: A. Light duty assignments may be made following evaluation and determination by the department head. The determination will be based on available medical information, and consultation with the employee or the 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 week intervals, or at other agreed upon intervals, for as long as the employee is off work. Reports will be required for all industrial or non-industrial injuries or illnesses regardless of whether or ngt 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 assignments may consist of reduced work hours, limited work or any combination thereof. B. Light duty assignments will not adversely affect 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 or 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.. 4. Holidays/Vacations: A. Holidays shall be observed in accordance with the light duty assigm~ent 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 holidays, so shall the light duty employee. Compensation for holidays shall be in accordance with applicable Memoranda of Understanding or the Personnel Rules and Regulations. B. Employees assigned to light duty shall take their assigned (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 rescheduling e does not result in increased costs or lost time. to the City for relief personnel to cover the rescheduled 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 7 E, governing Long-Term Disability Insurance, is amended as follows: E. ~ong-Term Di-sability Insurance: Subject to the terms and conditions of.the City's contract with Standard Insurance Company of Portland, Oregon, eligible employees shall be provided Long-TermDisability Insurance Coverage which provides for payment of up to two-thirds (2/3) of the base salary of an employee who qualifies for such payment or who qualifies for some lesser payment under the provisions of the Plan. The Long- Term Disability Insurance plan shall be provided to employees at no premium costs to the employees. Coverage shall become effective on the first day of the month following enrollment and shall terminate on the day an employee separates from City employment. 1. ADplication for Benefits: An employee who is disabled from the performance of the full scope of the usual and customary duties of his or her classification as the result of an injury or illness and who has utilized all accrued paid leave and sick leave for which the employee is eligible up to the thirtieth (30) calendar day of disability, may file an application for Long Term Disability Insurance benefits in accordance with the requirements of the City's Long Term Disability Insurance Policy. The elimination period for the Long Term Disability Insurance Plan will be reduced to thirty (30) calendar days, effective October 1, 1986. Employees will not be required to utilize sick leave.in excess of this elimination period in order .to qualify. for disability payment. 2. City Determination: Upon an employee qualifying for Long Term Disability Insurance benefits, the City shall determine: 1. Whether the employee's disability from performing the full scope of the usual and customary duties of his or her class- ification is permanent and stationary, or 2. Whether the medical prognosis for the employee's eventual ability to completely recover to a point of being able to assume the full scope of the usual and customary duties of his or her classification is such that there exists a probability of complete recovery within a period of three hundred sixty-five (365) days, or a reasonable extension thereof. 3. Permanent and stationary Determination: If the City deter- mines that the employee's disability from performing the full ~cope of the usual and customary duties of his or her class- ification is permanent and stationary, then the City may retire the employee or otherwise separate the employee from the City's service or position in his or her classification. 4. Temporary Determination: If the City determines that the employee's disability from the performance of the full scope of the usual and customary duties of his or her class- ification is such that there exists a probability of complete recovery within a period of three hundred sixty-five (365) days, or a reasonable extension thereof, then the City may grant the employee a leave of absence without pay for a period appropriate to the time necessary to determine the employee's ability to completely recover or the City may not grant such leave and separate the employee from the City's service or position in his or her classification. 5. Permanent and Stationary Determination During Leave of Absence: If the City grants an employee a leave of absence without pay for the purpose of providing the employee with the ability to completely recover and the employee's disability becomes permanent and stationary during the period of such leave, then the City may retire the employee on a disability retirement or otherwise separate the employee from the City's service or position in his or her classification at such time as the employee's condition becomes permanent and stationary. .. 6. Accrued Vacation Payment: Upon becoming eligible for Long- Term Disability Insurance benefits, and upon being granted a leave of absence without pay for a period appropriate to the time necessary to determine an employee's ability to completely recover, the City will pay, at the request of the employee, any accrued vacation time for which the employee qualifies. 7. Insurance Premium Payment: The City will continue to pay insurance premiums on behalf of a disabled employee and his or her dependents, pursuant to the provisions for such payments otherwise provided in this Memorandum until the actual date of separation from City employment of the employee. The following modifications are made to the Unit 7 Memorandum of Understanding: 1. Article 3, Section 4, Governing Sick Leave is amended as followS: ARTICLE 3. SECTION 4. SICK LEAVE A. Every permanent and probationary employee,-except those employees who work less than full time, who is temporarily and/or partially disabled from performing the full scope of the usual and customary duties of his or her classification as the result of an injury or illness which is not industrially caused, shall be eligible to receive sick leave without loss of salary or benefits within the limits set forth below. B. Amount of Sick Leave: 1. Effective October 1, 1986, each employee will accrue one day per month of employment for purposes of sick leave. Such leave may be accumulated without limit. 2. In addition, on October 1, 1986, each employee will be credited with an amount of sick leave which would have been accrued during the period of the 90-day sick leave plan, including the deduction for any actual usage; beginning July 1, 1977. 3. Any employee who has an accrued sick leave of less than twelve (12) days can be advanced up to a maximum of eleven (11) days of sick leave after exhaustion of all accrued sick leave. C. Sick Leave Request: An employee shall prepare and present a request for paid sick leave on each occurrence of sick leave on such forms and in accordance with such policies and procedures established for sick leave re~lests by the Police Chief or the Chief's designee. D. ApDroval of Sick Leave Request~ The Police Chief or the Chief's designee shall review all sick leave requests and, if approved by the Police Chief or the Chief's designee, the request for paid sick leave for an employee shall be granted. The Police Chief or the Chief's designee shall not unreasonably withhold approval of the employee's sick leave request. "Sick Leave" as used herein, is defined as a period of time during which the employee suffers.actual illness or injury which necessitates his or her absence from employment. Sick leave is not a right or privilege to be used at the discretion of the employee. 1. Notification: 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. Verification of Injury or Illness: a. Usual Verification: An employee requesting paid sick leave shall provide reasonable verification of the illness or injury, usually in the form of the employee's personal affidavit of injury or illness. b. Doctor's Verification: The Chief or his designee may require a verification prepared and signed by a medical doctor, which describes the nature and extent of the illness or injury and which confirms that the employee has fully recovered and is able to perform the full scope of the normal and customary duties of the classification. This verification shall be required when an employee is absent due to illness or injury for a period of thirty- nine (39) hours. In addition, the Chief may require a medical verification any time the Chief has reasonable basis to believe that the leave has been abused by an individual employee. Such medical verification request shall not be unreasonably imposed. Payment of Unused Accumulated Sick Leave for Employees who Accum- ulate Sick Leave Prior to the Discontinued 90-Day Plan 1. Eligible Employees: An employee who had accumulated and unused sick leave hours on. record under the discontinued sick leave accumulation plan, shall be eligible to receive payment under this provision. 2. Number of Hours Payable: An eligible employee shall receive payment for fifty percent (50%) of the unused sick leave hours on record, up to a maximum of nine hundred and sixty (960) of such recorded hours (maximum of 480 comparable hours), for the accumulation through the pay period which included July l, 1977. 3. Time of Payment: An employee or an employee's beneficiary shall become eligible to receive payment for unused sick leave hours either: (1) upon the death of the employee, (2) upon the retirement of the employee, or (3) within three months from the date of the signing of this Agreement. Payment may be made at the time of an employee's death or retirement or may be deferred to the first payroll period in the calendar year immediately following, at the option of the payee. Payment of Unused Accumulated Sick Leave Accrued after October 1, 1986 Upon death, separation from City employment as a result of a work related injury, or full service retire- e ment after twenty (20) years of service or retirement at age fifty ~ (50), an employee shall be paid for one-half (1/2) of the accumulated sick leave at the time of separation, retirement or death. Payment of unused sick leave hours shall be made at the employee's hourly rate. No employee shall, however, receive payment for any recorded hours in excess of one thousand two hundred (1200) and the maximum payable hours shall be six hundred (600). This accrual shall include the amount credited, if any, on October 1, 1986, for the period when the 90-day sick leave plan was in effect. G. Medical ADDointment Leave: An employee m~y be granted leave without loss of salary or benefits for the purpose of. going to appointments with medical doctors or dentists. An employee requesting such paid leave shall receive approval of the Police Chief or the Chief's designee prior to the taking of the leave. Medical Appointment Leave shall be authorized only for that period of time necessary to provide reasonable travel time to and from the appointment, and the actual time required for the appointment. The employee requesting such leave shall submit his or her personal affidavit describing the nature and need for the appointment. The City reserves the right to confirm or verify any appointment for which such leave is authorized. Article 4, Governing Long-Term Disability, is amended as follows: E. Long-Term Disability 1. ApDlication for Benefits: An employee who is disabled from the performance of the full scope of the usual and customary duties of his or her classification as the result of an injury or illness and who has utilized all accrued paid leave and sick leave for which the employee is eligible up to the thirtieth (30th) calendar day of disability, may file an application for Long-Term Disability Insurance benefits in accordance with the requirements of the City's Long-Term Disability Insurance Policy. The elimination period for the Long-Term Disability Insurance Plan will be reduced to thirty (30) calendar days, effective October 1, 1986. Employees will not be required to utiSize sick leave in excess of this elimination period in order to q~alify for disability payment. 2. City Determination: Upon an employee qualifying for Long-Term 10. Disability Insurance Benefits, the City shall de~ermine: 1. Whether the employee's disability from performing the full s~ope of the usual and customary duties of his or her classification is permanent and stationary, or. 2. Whether the medical prognosis for the employee's eventual ability to completely recover to a point of being able to assume the full scope of the usual and customary duties of his or her classification is'such that there exists a probability of complete recovery within a period of three hundred sixty-five (365) days, or a reasonable extension thereof. 3. Permanen~ ~nd Stationary Determination: If the City determines that the. employee's disability from performing the full scope of the usual and customary duties of his or her classification is permanent and stationary, then the City may retire the employee or otherwise separate the employee from the City's service or position in his or her classification. 4. Temporary Determination: If the City determines that the employee's disability from the performance of the full scope of~the usual and customary duties of his or her classifica- tion is such that there exists a probability of complete recovery within a period of three hundred sixty-five (365) days, or a reasonable extension thereof, then the City may grant the employee a leave of absence without pay for a period appropriate to the time necessary to determine the employee's ability to completely recover or the City mar not grant such leave and separate the employee from the City's service or position in his or her classification. 5. Permanent and Stationary Determination During Leave of Absence: If the City grants an employee a leave of absence without pay for the purpose of providing the employee with the ability to completely recover and the employee's disability becomes permanent and stationary during the period of such leave, then the City may retire the employee on a disability retirement or otherwise separate the employee from the City's service or position in his or her classification at such time as the employee's condition becomes permanent and stationary. 6. Accrued Vacation Payment: Upon becoming eligible for Long- Term Disability Insurance benefits, and upon being granted a leave of absence without pay for a period appropriate to the time necessary to determine an employee's ability to completely recover, the City will pay, at the request of the employee, any accrued vacation time for which the employee qualifies. 7. Insurance Premium Payment: The City will continue to pay insurance premiums on behalf of a disabled employee and his or her dependents, pursuant to the provisions for such payments otherwise provided in this Memorandum until the actual date of separation from City employment of the employee. 12.