Loading...
HomeMy WebLinkAboutReso 80-1985RESOLUTION NO. 80-85 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ACCEPTING AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND SOUTH SAN FRANCISCO POLICE ASSOCIATION UNIT 5, FOR THE PERIOD OF JANUARY 1, 1985 THROUGH DECEMBER 31, 1986 WHEREAS, the City of South San Francisco City Council has recognized the South San Francisco Police Association as the employee organization representing a majority of those employees working in classifications in repre- sentation Unit #5; and WHEREAS, the representatives of the City and the representatives of Police Officers Association have personally met and conferred and freely exchanged information, opinions and proposals; and WHEREAS, the representatives 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 January 1, 1985 through December 31, 1986 for employees in representation Unit #5; and WHEREAS, the representatives of the city and the representatives of the Police Officers Association have jointly prepared a written Memorandum of Under- standing; and WHEREAS, the written Memorandum of Understanding has been accepted by the membership of the Police Officers' Association; and WHEREAS, the City's representatives join 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 if set forth verbatim between the City of South San Francisco and the Police Officers' Association which sets forth those wages, hours and con- ditions of employment to be in effect during the period January 1, 1985 through December 31, 1986 for employees working in classifications in representation Unit #5 and which Memorandum of Understanding shall be binding upon the City, upon the Police Officers' Association and upon the employees covered therein. 1985 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 Under- standing the following: "Approved by City Council Resolution No. 80-85 adopted April 24, 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 24th day of April , 1985, by the following vote; AYES: NOES: ABSENT: Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teglia None None ATTEST: City C1 erk -2- MEMORANUDM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE SOUTH SAN FRANCISCO POLICE OFFICER'S ASSOCIATION Representatin Unit #5 January 1, 1985 through December 31, 1985 "APPROVED BY CITY COUNCIL RESOLUTION NO. 80-85, ADOPTED APRIL 24, 1985" MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE SOUTH SAN FRANCISCO POLICE OFFICER'S ASSOCIATION PREAMBLE THIS MEMORANDUM OF UNDERSTANDING is entered into by the city of South San Fran- cisco, hereafter designated as "City" and the South San Francisco Police Officers' Association, 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 January 1, 1985 through December 31, 1986, for those employees working in classifications 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. Education 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 Officer's 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. 5 through 9 Six months at each step 10 through 26 Twelve months at each step New employees who have prior police training and/or experience may be com- pensated 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 Officer's Standards and Training Certificate shall be compensated at the rate one step higher than the rate for which the employees 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 Bachlor's Degree from an accredited institution of learning and/or who possesses an Advanced Police Officer's 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 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, pro- vided that such higher rate does not exceed the ceiling rate established for the Police Officer classification. No more than four 14) 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 -2- e above, provided that such higher rate does not exceed the ceiling rate established for the Police Officer classification. No more than six 16/ Police Officers shall be assigned to Field Training Officer duty. The rate adjustment provided above 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 d~scont~nues working speclal assignment duty. Bi-Lingual Pay: An employee who has demonstrated to the Chief of Police's satisfaction that he or she is proficient in speaking a second language which is spoken as a first language by a significant proportion of the members of our community shall be compensated at the rate which is one step higher than the rate for which he or she qualifies pursuant to A, B and C above, provided that such higher rate does not exceed the ceiling rate established for the employee's classification. Such com- pensation shall commence when the employee has passed a qualifying exami- nation demonstrating proficiency in the language. Promoti on An employee who is promoted from one classification to a higher classifica- tion 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 pro- moted employee will be required to complete the specified time in each step of the new classification commencing with the date of promotion. F. Implementation of Salary Schedule for Cur'rent 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 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 oi~ this Memorandum. In no event, however, shall an emloyee who is noted in Appendix B as receiving a rate adjustment for Education Incentive qualify for any further rate adjustment pursuant to C above. noted in Appendix B as receiving a rate adjustment for Education Incentive qualify for any further rate adjustment pursuant to C above. ARTICLE 2. RETIREMENT BENEFITS OF CITY PERS CONTRIBUTION A. Retirement Plan Retirement benefits for employees shall be those established by the Public Employees' Retirement System (PERS) for Local Safety Members 2% at age 50 Formula. B. Optional Provisions Added Optional Public AgencY Provisions under the Public Employees' Retirement System shall also be provided as follows: 1959 Survivor Allowance as set forth in Article 6 of Chapter 9 of the Public Employees' Retirement Law (commencing with Section 21380 of the Government Code), 2. One-Year Highest Compensation as authorized by Section 20024.2 of the Government Code. C, City's Contribution to Retirement System The City shall pay the rate prescribed by the Public Employees' Retirement System for employer contributions to the Public Employees' Retirement System in accordance with the rules and regulations governing such employer contributions. D. Employee's Contribution to Retirement System Except as otherwise provided in subsection E below, the City shall pay on behalf of each employee seven percent (7%) of the rate prescribed by the Public Employees Retirement System for each employee's contribution to PERS in accordance with the rules and regulations governing such contributions, The remainder of the rate prescribed by PERS for each employee's contribution shall be deducted from the employee's pay by the City and for- warded to PERS in accordance with the rules and regulations governing such contributions. E. Conversion of City payment of 7% of Employee's Contribution to Employee's Base Wage Rate An eligible employee shall be permitted to convert the seven percent 17%) City pajanent of employee contribution to PERS to his or her base wage rate. 1. Eligible Employees: -4- be An employee who is at least forty-nine (49) years of age and who has a minimum of fourteen (14) years of service with the City and who signs a Statement of Intent to Retire Within One Year is eligible to convert the City's payment of seven percent (7%) of his or her contribution to PERS to his or her base wage rate. An employee who is eligible for an industrial or a non- industrial disability retirement shall be eligible to convert the City's payment of seven percent (7%) of the employee's contribution to PERS to his or her base wage rate. 2. Calculation of Converted Base Wage Rate An eligible employee who has elected to convert the City's payment of seven percent (7%) of his or her employee contri- bution to PERS'to his or her base wage rate shall have his or her base hourly non-converted base hourly wage rate changed to his or her base hourly converted wage rate as follows: Employee's Base Hourly Non-Converted Wage Rate {As set forth in Appendix "A") X 1.07 = Employee's Base Hourly Converted Wage Rate. In establishing the actual base hourly converted wage rate, fractions of one cent with a value of four (4) or less will be discarded and fractions of one cent with a value of five (5) or more shall increase the base hourly converted wage rate by one cent. 3. Effect of Conversion Once on employee has officially elected to convert the City's seven percent (7%) payment of employee PERS contribution to his or her base hourly wage rate, the employee shall not be permitted to reverse the conversion at any time. Upon the effective date of the conversion, the City will discontinue payment of seven percent (7%) of the employee's PERS contri- butions. Effective Date of Conversion: be Service Retirement: The conversion of the City's payment of seven percent (7%) of an eligible employee's PERS contri- bution to the employee's base hourly wage rate shall become effective upon the first day of the pay period immediately following the employee's official election to convert. Disability Retirement: The conversion of the City's payment of seven percent (7%) of an eligible employee's PERS contri- -5- bution to the employee's base hourly wage rate for an industrial or non-industrial disability retirement shall become effective as determined by the first-occuring event as fol 1 ows: The first day of the pay period immediately following the date upon which the employee applied for a disability retirement, and/or The first day of the pay period immediately following the date upon which the employee's disability was determined to be permanent and stationary, or ARTICLE 3. 3. One day prior to the actual date of retirement. 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 Columbus Day Veterans Day Thanksgiving Day Day following Thanksgiving Four hour 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 payment in accordance with the provisions as long and 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 compen- sated 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 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 of disability as compensation for sick leave. Said compensation is in lieu of any amounts employee is entitled to receive from Workers' -6- 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 Worker's Compensation or other income supplements arising by reason of employee's employment by City In addition, during said ninety (90) calendar days, City will provide Previously 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 con- tinue to pay previously agreed upon premiums for such employee on all health, dental, life, vision and Long Term Disability 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 commencement 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 of sick leave actually taken, described in the pre- ceding subparagraphs, is the only compensation for sick leave actually taken with 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: 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. 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 cer- tification by a medical doctor, if requested by a division commander with prior notice to the employee; provided that the City reserves -7- 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 defi.ned as period of time during which the employee suffers actual 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 (50%) 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 calendar 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 percentage shall supersede the per- centage described herein. H. In the event a disabled or ill employee is entitled to receive full pay pursuant to state or federal law for more than ninety (90) days from the commencement 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 produc- tive time, while at the same time reintroducing the employee to work sooner to prevent deterioration of skills, 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. Coverage: Any emloyee who suffers a temporary and partial disability either due to an industrial or non-industrial injury or illness will be covered by this light 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 -8- 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 sub- mitted to the Department Head at two weeks 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 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. 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.' 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~mo, Monday through Friday. 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. Hol idays/Vacations: A. Holidays shall be observed in accordance with the light duty assignment work hours and wok week. That is, if an employee is assigned to work hours in a department, division or operating unit -9- 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 awork holidays, so shall the light duty employee. Compensation for holidays shall be in accordance with applicable Memorandums of Understanding or the Personnel Rules & 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 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. MEDICAL APPOINTMENTS Employees shall be entitled to receive authorization for leave without loss of pay for appointments with medical doctors and dentists. Such leave shall be authorized only for the actual time necessary for the appointment and for 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 au tho ri zed. ARTICLE 6. EMERGENCY FAMILY LEAVE: Ao An employee may use up to 24 hours per calendar year in order that he/she may care for a sick or injured member of his/her immediate family requiring his/her care, or to obtain medical consultation/treatment to preserve the health of a sick or injured member of his/her immediate family, provided the immediate family member resides in the employee's home. Immediate family member shall be as defined below. The requirement to reside in the employee's home shall not apply in cases involving the employees's mother father or child. Leave usage forms and notification procedures will con- tinue to be used, provided the City reserves the right or take such action it deems necessary to confirm or verify use of this leave. BEREAVEMENT LEAVE An employee may be granted leave of absence without loss of salary or bene- fits upon the death or funeral of any of the following persons: Spouse, child, father, mother, brother, sister, grandfather, grandmother, father-in- -10- law, mother-in-law, brother-in-law, sister-in-law, daughter-in-law and son-in-law. In addition, the department head may grant bereavement leave to an employee upon the death or the funeral of some other person, if in the opinion of the. department head, there existed an extraordinarily close fami- lial relationship between the employee and such other person. Employees may be granted up to a maximum of twenty-four (24} hours of bereavement leave per occurrence for the death or funeral of a family member within the State of California, and up to a maximum of forty {40) hours of bereavement leave per occurrence for the death or funeral of a family member outside the State of California. 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 Mana§er may grant the above described leave in the event of the illness or disability or funeral of someone other than those persons designated, if, in the City Manager's opinion, there exists an extraordinarily close relationship between the employee and such person. ARTICLE 7. EMPLOYEE BENEFITS Health Insurances as presented July 21, 1983. The City shall provide a fully paid health insurance plan for permanent full- time employees and their eligible dependents with the option available to the employee to select either the Kaiser "S" Plans or Bay Pacific Health Plan. Den tal. 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. Vi sion Care Plan. The City shall provide for permanent full-time employees and their eligible dependents the Group Vision 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 con- tinued during the term of this Memorandum of Understanding. Ee Long-Term Disability Insurance. A long-term disability~nsurance plan Which, subject to the terms and con- ditions 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 Understanding. ARTICLE 8. UNIFORM REIMBURSEMENT. -11- · Each employee in Unit 5 can receive up to four hundred dollars {$400) per fiscal .year, which shall be increased to four hundred and fifty dollars !$450) effec- tive January 1, 1986, for the purchase of approved uniform items, subject to the fol 1 owin~l 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 reimbursment 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 day during each duty shift. 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 the uniform reimbursement, less the cost of their bullet proof vest at a rate of one hundred dollars ($100) per year. ARTICLE 9. VACATION. Ae Beginning with the pay period which included January I, 1976, employees in Unit 5 shall be entitled to accrue annual vacation without loss of pay in accordance with the following schedule: Length of Service One to four years, inclusive Five to fourteen years, inclusive Fifteen to twenty-four years, inclusive Twenty-five or more years Annual Vacation 96 working hours 144 working hours 176 working hours 216 working hours 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 10. RETIRED PERSONNEL HEALTH INSURANCE PLAN. Subject to the terms and conditions of the City's contracts with health insurance carriers, an employee who retires during the term of this Memorandum on a service or an industrial disability retirement or a non-industrial disabi- lity retirement shall be provided the opportunity to continue his or her health insurance coverage with one of the City's plans subsequent to the date of his or her retirement. The City shall continue to pay the premium costs for the employee only; and, the retiring emplouee shall bear the premium cost of his or her dependent{s) coverage. -12- ARTICLE 11. FREE RECREATION CLASSES. Each employee shall be entitled to free admission to City Recreation facilities. Each employee shall be entitled to free enrollment in up to five (5)recreation classes during a 12 month period _ g City recreation facilities and enrolled in City recreation classes shall engage in such activities on the employees' non-work time. Employee admission to recreation facilities and recreation classes shall be accomplished in accordance with the rules and regu- lations established by the Department of Recreation and Community Services. ARTICLE 12. LAYOFF. Ao Whenever, in the judgment ~of the City Council, it becomes necessary in the interest of economy or because o necessity for the position or employment involve 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. 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. Ce 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 department 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. 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 effective 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 -13- discuss the circumstances requiring the layoff and any proposed alternatives which do not include the consideration of the merits, necessity or organiza- tion of any service or activity. The provisions of subsection le), must be requested by the employee, in writing, fifteen {15) working days prior to the effective date of layoff. E. Layoff Re-employent/Reinstatemept List. 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 classifica- tions shall be offered to eligibles on the reemployment list who qualify for such vacancies prior to an open or promotional recruitment. 3. No name shall be carried on a reinstatement or reemployment list for a period longer than two (2) 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 stan- dards {ie.., 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- -14- ~ent 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 the 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 thereafter. 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 be provided the employee within two (2) working days from the date of the 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 is 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 impoosed immediately, the notice shall be provided the employee no later than ten {i0) working days before the disciplinary actions 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. -15- 'ARTICLE 14. DEFERRED COMPENSATION. All permanent full-time employees are eligible, subjet to the terms and con- ditions thereof, to participate in the City of South San Francisco Deferred Compensation P1 an. 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 rate of one and one-half (1 1/2) times the employee's base rate of pay. Employees required to attend training sessions, in excess of their scheduled hours of work, 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. ARTICLE 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 (1 1/2) times the regular rate of pay. An employee shall receive a minimum of two (3} hours over- time pay for such court appearances which occur on schedule work dates (including voluntary overtime shift assignments) and a minimum of three (4) hours overtime pay for such court appearances which occur on non-scheduled work dates. ARTICLE 17. CALL BACK. Employees who in the course and scope of their official employment are called back to work, 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 three (3) hours overtime pay for call backs which occur on scheduled work dates (including voluntary overtime shift assignments) and a minimum of four (4) hours overtime pay for such call backs that occur on non-scheduled work dates. ARTICLE 18. GRIEVANCE PROCEDURE: Ae Definition~of a Grievance: A grievance is an allegation by an employee or a group of employees that the City has failed to provide a condition of employment which is established by this Memorandum of Understanding, pro- vided that the enjoyment of the condition of employment is not made subject to the discretion of the Department Head or the City. This grievance proce- dure shall not apply to discipline or other matters over which the Personnel -16- Be Board has jurisdiction pursuant to Title 3 of the Municipal Code. This grievance procedure shall be the exclusive means of resolving grievances of employees covered by this Memorandum of Understanding. Stale Grievance: A grievance shall be void unless filed in writing within forty-five (45) calendar days from the date upon which the City is alleged to have failed to provide a condition of employment which has been established by this Memorandum of Understanding, or within forty-five (45) calendar days from the time and employee might reasonably have been expected to have learned of the alleged failure. Informal discussion with Employees's Supervisor: Before proceeding to the formal grievance procedure, an emPloyee shall discuss the grievance with the immediate supervisor in an attempt to work out a satisfactory solution. If the employee and immediate supervisor cannot work out a satisfactory solu- tion, the employee may then choose the represent himself/herself indivi- dually, or may request the assistance of an employee representative, who has been officially authorized by'the Union in reducing to writing and formally presenting the grievance. Do Formal Written Grievance to Captain: If the employee chooses to formally pursue the grievance, he/she shall resent the written grievance to the supervising Captain within fifteen 115) Calendar days after the date upon which the grieving employee informally discussed the grievance with the immediate supervisor. The written grievance shall specify the Article, Section and/or Subsection of this Memorandum of Understanding which is alleged to have been violated by the City and shall specify dates, times~ places, persons, remedy requested and other facts necessary to a clear understanding of the matter being grieved. The Captain shall return a clear copy of the written grievance to the employee with the reasons thereto in writing within fifteen (15) calendar days after receipt of the written grievance. If the grievance is not resolved at this level, the employee shall have fifteen (15) calendar days from receipt of the Captain's answer within which to file and appeal to the Police Chief. Ee Grievance to Police Chief or Designee: The Chief, or the Chief's designee shall have fifteen (15) calendar days after receipt of the grievance to review and answer the grievance in writing. A meeting between the Chief or the designee and the grievant with his/her representative may be scheduled in order to facilitate resolution. Fe Arbitration of Grievance: In the event that the grievance is not resolved by the Police Chief, the grievant may, within thirty 130) calendar days after receipt of the Chief's decision, request in writing by submission to the City Manager, that the grievance be heard by an arbitrator. Ge Informal Review by the City Manager: Prior to the selection of an arbitra- tor and submission of the grievance for hearing by an arbitrator, the City Manager or the City Manager's designee may informally review the grievance and determine whether said grievance may be adjusted to the satisfaction of the employee. The City Manager or the City Manager's designee shall have -17- fifteen (15) calendar days in which to review and seek adjustment of the grievance. Selection of an Arbitrator: The arbitrator shall be selected by mutual agreement between the City Manager or the City Manager's designee and the grievant or the grievant's representative. If the City Manager or the City Manager's designee and the grievant or the §rievant's representative are unable to agree on the selection of an arbitrator, they shall jointly request the State Mediation and Conciliation Service to submit a list of seven (7) arbitrators who have demonstrated experience in public sector arbitration. The parties shall then alternately strike names from the list until only one name remains, and the person shall serve as arbitrator. First strike shall be determined by lot. Duty of the Arbitratror: ExcePt when an agreed statement of facts is sub- mitted by the parties, it shall be the duty of the arbitrator to hear and consider evidence submitted by the parties and to thereafter make written findings of fact and' disposition of the grievance which shall be final and binding upon the parties. The decision of the arbitrator shall be based solely on the interpretation of the appropriate provisions of the Memorandum of Understanding applicable to the grievance and the arbitrator shall not add to, subtract from, modify or disregard any of the terms or provisions of the agreement. The provisions for arbitration are not intended and shall not be construed to empower an arbitrator to change any condition of employment, specifically covered by the Memorandum of Understanding or to revise, modify or alter, in any respect, any provision contained in the Memorandum. Payment of Costs: each party to a hearing before an arbitrator shall bear his or her' own expenses in connection therewith. Either party shall have the right to a reporter's transcript of the hearing provided that this cost is born by the party requesting. If the other party elects to utilize a copy of the transcript, the entire costs shall be divided equally. All fees and expenses of the arbitrator shall be borne one-half by the City and one- half by the grievant. Effect of Failure of Timely Action: Failure of the employee to file an appeal within the required time period at any level shall constitute an abandonment of the grievance. Failure of the City to respond within the time limit any step shall result in an automatic advancement of the grievance to the next step. Non-Union Representation: In the event that an employee chooses to repre- sent himsel/herself, or arranges for representation independent of the Union, the Chief and the City shall make no disposition of a grievance which is inconsistent with the terms and conditions of this Memorandum. In the event an employee shall elect to go to hearing independently under paragraph "F" hereof, the Union shall have the right to be a full and equal party to such proceeding for the purpose of protecting the interests of its members under the terms of the Memorandum. -18- ARTICLE 19. EMPLOYEES COVERED. The provisions of this Memorandum apply to all employees represented by Unit 5 - South San Francisco Police Officer's Association. ARTICLE 20. MODIFICATION. This Memorandum of Understandin§ 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 and provisions of the Personnel Rules of the City except as expressly provided herein. ARTICLE 21. DISPUTE. Any dispute over an interpretation of his 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 Und~rstandin§ in the City of South San Francisco on this .~ day of REPRESENTATIVES "APPROVED BY CITY COUNCIL RESOLUTION NO. 80-85, ADOPTED APRIL 24, 1985" -19- Effective 12/28/84 POLICE CITY OF SOUTH SAN FRANCISCO OFFICER'S SALARY SCHEDULE FOR 1985 STEP 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. I6. 17. 18. i9. 20. 21. 22. 23. 24. 25. 26.' APPENDIX A, HOULY RATE 9.69 10.18 10.69 10.96 11.23 11.51 11.81 12.10 12.40 12.71 13.04 13.36 13.69 14.04 14.39 14.75 15.12 15.49 I5.88 16.28 16.68 17.I0 17.53 17.96 18.41 18.87 PAGE I BI-WEEKLY RATE 775.20 814.40 855.20 876.80 898.40 920.80 944.80 968.00 992.00 1,016.80 1,043.20 1,068.80 1,095.20 1,123.20 1,180.00 1,209.60 1,239.20 1,270.40 1,302.40 1,334.40 1,368.00 1,402.40 1,436.80 1,472.80 1,509.60 APPROX MONTHLY 1,680.00 1,765.00 1,853.00 1,900.00 1,947.00 1,995.00 2,047.00 2,097.00 2,149.00 2,203.00 2,260.00 2,316.00 2,373.00 2,434.00 2,494.00 2,557.00 2,621.00 2,685.00 2,753.00 2,822.00 2,891.00 2,964.00 3,039.00 3,113.00 3,191.00 3,271.00 APPROX ANNUAL 20,155.00 21,174.00 22,235.00 22,797.00 23,358.00 23,941.00 24,565.00 25,168.00 25,792.00 26,437.00 27,123.00 27,789.00 28,475.00 29,203.00 29,931.00 30,680.00 31,450.00 32,219.00 33,030.00 33,862.00 34,964.00 35,568.00 '36,462.00 37,357.00 38,293.00 39,250.00 Effective 12/27/85 CITY OF SOUTH SAN FRANCISCO POLICE OFFICER'S SALARY SCHEDULE FOR 1986 'EP 2. 3. 4, 5. 6. 7. 8. 9. 10. 11. 12. 3. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. .:6. HOULY RATE BI-WEEKLY RATE APPROX MONTHLY APPROX ANNUAL 10.17 813.60 1,763.00 21,154.00 10.69 855.20 1,853.00 22,235.00 11.22 897.60 1,945,00 23,338.00 11.51 920.80 1,995.00 23,941.00 11.79 943.20 2,044.00 24,523.00 12.09 967.20 2,096.00- 25,147.00 12.40 992.00 2,149.00 25,792.00 12.71 1016.80 2,203.00 26,437.00 13.02 1041.60 2,257.00 27,082.00 13.35 1068.00 2,314.00 27,768.00 13.69 1095.20 2,373.00 28,475.00 14.03 1122.40 2,432.00 29,182.00 14.37 1149.60 2,491.00 29,890.00 14.74 1179.20 2,555.00 30,659.00 15.11 1208.80 2,619.00 31,429.00 15.49 1239.20 2,685.00 32,219.00 15.88 1270.40 2,753.00 33,030.00 16.26 1300.80 2,818.00 33,821.00 16.g7 1333.60 2,889.00 34,674.00 17~09 1367.20 2,962.00 35,547.00 17.51 1400.80 3,035.00 36,421o00 17.96 1436.80 3,113.00 37,357.00 18.41 1472.80 3,191.00 38,293.00 18.86 1508.80 3,269.00 39,229.00 19.33 1546.40 3~351.00 40,206.00 19.81 1584.80 3,434.00 41,205.00 APPENDIX A, PAGE 2 MEMORANDUM OF UNDERSTANDING REGARDING THE COMBINATION OF UNITS #5 AND #7 FOR PURPOSES OF NEGOTIATIONS The. undersigned Parties' agree that the City will hereafter "meet and negotiate with the represe~tal~ives of Unit #5 and #7 in joint bargaining sessions as required by Government Code Section 3500 et Seq...It is understood'that this combination of bargaining units'is solely for the purpose of efficient negotiations~ and shall not be considered to' be a.modific~tion'of either unit, nor shall the M.O.Uoso covering working conditi°ns which result from such negotiations be combined. This agreement shall be review6d by the parties upon the termination of the M.O.U.s covering the respective terms and conditions of employment; and this specific agreement ~o combine negotiations shall cease upon .occurrence of either'of the following events: 1. Whenever the AsSociation shall'cease to be the ~awful majority 'representative for. either Uni't #5 o~I ~7 ; or · '2. Whenever either party has PrOpOsed to the .other the termination of this agreement, and thereafter has lawfully bargained through impasse regarding this subject The City further agrees that the City representative will make a good faith effort to reduce the burdens to the AssOciation of maintaining sep. arate bargaining units. lrdr~he South San Francisco . Polqce Officers Association ~_::_____~ South Sa~Francisco MEMORANDUM OF UNDERSTANDING REGANDING THE "FROZEN" STEP ON THE SALARY SCHEDULE OF THE 1983-84 M.O.U. The undersigned parties agree that the dispute'concerning the issue of'the "F~ozen step" Will be submitted to arbitration under the newly agreed-upon arbitration provisions. The parties further agree that'the dispute concerns the negotiations history and MoO.U~ provisions which were in effect through January 1, !985. In addition, the City agrees. that any ~wa'rd if made On behalf of the Union would be retroactive to January 1, 1985o Police Officers Association Dated.: ~~~ ....