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CC Resolution 12877 - Compensation for Cappenters
RESOLUTION NO. 12877 A RESOLUTION AMENDING THE COMPENSATION AND WORKING CONDITIONS FOR CLASSIFIED NON -MANAGEMENT EMPLOYEES REPRESENTED BY THE EMPLOYEE ORGANIZATION ENUMERATED BELOW WHEREAS, Title 2, Section 2.12.030(7) of the Campbell Municipal Code requires the City Manager to prepare and submit an annual salary plan to the City Council for its approval; and WHEREAS, the Northern California Carpenters Regional Council, is a recognized employee Labor Union representing employees; and WHEREAS, the City of Campbell's negotiation team and the Northern California Carpenters Regional Council have reached a tentative agreement on the terms of a successor Memorandum of Understanding; and WHEREAS, the successor Memorandum of Understanding and the annual salary plan have been presented to the City Council for consideration and ratification and are each attached hereto and made a part hereof; and WHEREAS, the City of Campbell has satisfied its obligation under Government Code Section 3500, et. seq., and the City of Campbell's Employer -Employee Relations resolution 10016 to meet and confer over the terms and conditions of employment contained in the recommended successor Memorandum of Understanding with the Northern California Carpenters Regional Council; and WHEREAS, the successor Memorandum of Understanding for salaries, benefits and working conditions has been approved and executed by the authorized representatives of the Northern California Carpenters Regional Council and City Council representatives; and WHEREAS, the City Council of the City of Campbell desires to ratify and adopt the provisions included in the successor Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell does hereby approve and ratify the successor Memorandum of Understanding and does hereby approve the annual salary plan, each attached hereto and made a part hereof. BE IT FUTHER RESOLVED that the terms and conditions of the successor Memorandum of Understanding shall be in full force and effect from the date of -the City Council adoption through June 30, 2025, except as specified otherwise in the Memorandum of Understanding; and BE IT FUTHER RESOLVED that it is not the intent of this City Council in approving the successor Memorandum of Understanding to change, modify, or repeal in any way any of the existing provisions.of the City of Campbell Personnel Rules and Regulations; and FINALLY, BE IT FURTHER RESOLVED that the City Appointing Power and the Human Resources Manager have the authority to take any necessary administrative actions to implement the provisions of this resolution. PASSED AND ADOPTED this 16th day of August, 2022, by the following roll call vote: AYES: Councilmembers: Gibbons, Lopez, Landry, Bybee, Resnikoff NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: Paul Resnikoff, Mayor ATTEST: Andrea Sa ders, City Clerk MEMORANDUM OF UNDERSTANDING ON WAGES, EMPLOYEE BENEFITS, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT Northern California Carpenters Regional Council PARTIES TO UNDERSTANDING This Memorandum of Understanding is between the authorized representatives of the City Council of the City of Campbell, hereinafter referred to as "City," and the authorized representatives of the Northern California Carpenters Regional Council, the Carpenters 46 Northern California Counties Conference Board and their Affiliated Local Unions, hereinafter referred to as "Union." The City and Union have met and conferred in good faith regarding wages, hours and other terms and conditions of employment, have freely exchanged information, opinions and proposals, and have reached agreement on all matters relating to the employment conditions and employer -employee relations of bargaining unit employees. 11. STATE LAW COMPLIANCE This Memorandum of Understanding is entered into pursuant to- the provisions of the Meyers Milias Brown Act, as contained in Section 3500 et seq. of the Government Code of the State in that the employer -employee representatives noted here did meet and confer in good faith and did reach agreement on those matters within the scope of representation. This Memorandum of Understanding also complies with Resolution 10016, relating to employer - employee relations, as adopted and amended by the City Council of the City of Campbell. I:rl;►l4 7_1�i e]Z, LiP A. Personnel Rules and Regulations This Memorandum of Understanding does not modify or change the provisions of the Personnel Rules and Regulations of the City unless a specific reference is made herein to modify or add to the existing Personnel Rules and Regulations ("Personnel Rules"). Because some terms and conditions of employment are set forth in the Personnel Rules, a copy of the Personnel Rules (current as of August 8, 2022) is attached to this Memorandum of Understanding for the parties' convenience. The parties agree to meet and confer over changes to the Personnel Rules affecting terms and conditions of employment as required under the Meyers Milias Brown Act during the term of this Agreement. B. Term of Understanding This memorandum shall become effective July 1, 2022, and shall terminate at twelve o'clock midnight on June 30, 2025. Negotiations shall commence, not more than one hundred and eighty (180) days nor less than ninety (90) days prior to the 301' day of June 2025. Written notice shall be given to the other of its desire to change, modify, amend, supplement, renew, or extend this MOU. All notices required to be given to the Union shall be addressed to it at an address designated by the Union. While this MOU continues in effect, neither party will make demands upon the other party for any changes in conditions or benefits or for any new or additional conditions or benefits except at the time and in the manner provided above. C. r❑ Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 Existing Benefits Continued This Memorandum of Understanding does not modify existing salaries, benefits, hours, or terms and conditions of employment contained in the currently adopted Pay and Classification Plan, except as noted herein. Such benefits and terms of employment remain unmodified and shall continue in full force and effect throughout the term of this Memorandum of Understanding, Recognition and Represented Classifications The City recognizes and expressly acknowledges the Union as the exclusive representative for employees covered by this Memorandum of Understanding, to include part time and full time probationary and permanent employees. At no point shall the City utilize Temporary employees to perform work covered under this MOU, except the City may appoint Temporary employees on an "as needed" basis for work which is anticipated to be of a temporary or intermittent nature either on a full-time or part-time basis. Temporary employees shall not be utilized if there is a. work furlough or if a permanent employee has a non -disciplinary reduction in hours. The City will provide to the Union 30 days advanced notice prior to utilizing temporary employees in the manner authorized by the parties' MOU. The job classifications represented and recognized under this MOU are as follows: Equipment Maintenance Supervisor Mechanic I Mechanic II Maintenance Worker I Maintenance Worker II Park Maintenance Lead Worker Lighting & Traffic Signal Assistant E. Membership Dues — Payroll Deductions Lighting & Traffic Signal Technician Lighting & Traffic Signal Supervisor Street Maintenance Lead Worker Arborist The Union will maintain a record of employees who have given their written consent to join and pay dues or other deductions to the Union and will certify to the City in writing the names of employees who have given such consent. Upon the Union's certification, the City will deduct the appropriate dues or other deductions from the employee's wages, and remit them to the Union. Employee requests to cancel or change deductions must be directed to the Union rather than to the City. Deductions will continue unless and until the Union notifies the City of any employee requested changes. Any dues deduction revocation, cancellation and/or change will be effectuated by the City only after the Union provides the City with written direction for such revocation, cancellation and/or change. The City will implement any change to an employee's payroll deductions in the first full pay period following Union notification of the change. Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 The Union will indemnify the City and hold it harmless against any and all suits, claims, demands and liabilities that may arise out of maintenance of dues deductions, or from City compliance with any demand to terminate dues deductions, or by reason of the application of or implementation of any provision of :this section. The Union will provide the City a copy of an individual dues deduction authorization where a dispute arises regarding the authorization or dues deduction. F. New Employees 1. In Person Onboardina Meeting: The City agrees that newly hired bargaining unit employees will participate in a mandatory in -person onboarding meeting, with as few as one individual, within the first fourteen (14) calendar days from date of hire. The City will provide the Union with no less than 10 days notice of the new employee onboarding, and will provide the Union with the names of the employees expected to participate in the onboarding meeting at least 48 hours in advance of the meeting. During the in -person onboarding meeting, the Union shall be permitted to communicate with the employee for no less than 30 minutes at the start of the onboarding Meeting. Union designees shall be authorized to distribute to employees a copy of the Union's membership/voluntary political contribution authorization forms, and any other Union materials. The onboarding meeting shall take place during regular working hours, at the employee's normal worksite, without loss in compensation to the participating new employees. 2. Makeup Session: A newly hired employee who does not attend the session conducted by the Union at the In Person Onboarding meeting, shall attend an in -person 30 minute make-up session during regular work hours onsite, without loss in compensation. The make-up session shall be arranged with the City and conducted by the Union. At least (48) hours in advance of the make-up session, the City shall notify the newly hired employee in writing that the employee is scheduled to attend such make-up session. 3. Annual Training: The Union shall have the right to Bold, once annually, an in -person one (1) hour session with represented employees to familiarize employees with the terms of this Memorandum of Understanding and to discuss other labor relations issues. The annual training shall take place during regular working hours, at the employee's normal worksite, without loss in compensation to represented employees, 4. Neutrality: City representatives will not be present during the 30 minute Union portion of the onboarding meeting, or during a make-up session or annual training conducted by the Union pursuant to this section on New Employees. The -City shall not discourage an employee's participation in the Union's portion of the onboarding process. Nothing in this section shall otherwise limit City representative conduct and participation in onboarding meetings. 5. No Disruotion of Operations: The onboarding meeting, make-up session, and annual training discussed in this section shall not disrupt City operations or services. Up to two Union designees may represent the Union at the onboarding meeting and make up sessions discussed in this section. Such designees may include, but are not limited to, Union representatives, officers, stewards, and members. G. Employee Information 3 Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 The City shall provide the Union designee(s) with the following items of information for newly hired employees within thirty (30) days of hire: name; job title; department; work location; work, home and personal cellular telephone numbers; work email address; personal email address on file with the City; home address. Thereafter, the City shall provide the Union with the same categories of contact information for existing employees, every one hundred and twenty (120) days. The City shall transmit the items of information to the Union in any of the following media: email, Word document, Excel spreadsheet, searchable PDF. Third Party Requests for Employee Personnel Information The City recognizes its legal obligation to protect the privacy rights of bargaining unit members. No bargaining unit personnel information will be provided to third parties except as required by and in accordance with State law. Upon the Union's written request to the City Human Resources Manager, the City will provide the Union with a copy of the City's response to a Public Record Act Request for bargaining unit personnel information along with any records provided in response to the request, to the extent required by state law. H. Union Access The City shall provide employee Union officials and Non -employee Union representatives access to the employer's facilities and email system for the purpose of conducting Union business consistent with City policy and state law. Where employee Union officials or Non - employee Union representatives wish to use City facilities for union business or meetings, they will request said access from the relevant department no less than three business days in advance of the desired access. Use of Bulletin Boards The Union may use portions of City bulletin boards under the following conditions: a. All material must be dated and identify the publishing organization. b. If an employee organization desires to install a bulletin board, the City reserves the right to determine where such bulletin board shall be placed. c. If the Union does not abide by these conditions, it will forfeit its rights to have materials posted on City bulletin boards. J. Stewards and Designated Representative Release Time The Union agrees to notify the City of the identity of its Stewards. One Steward will be designated in each department or separate physical work location. An employee and Union Steward may take official City time without loss of compensation as set forth in this section. For the purposes of this section, "designated representative" means an officer of the Union, Steward or a member serving in proxy of the Union. 1. Release Time. .19 Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 a. The City shall allow a reasonable number of designated employee representatives of the Union reasonable time off without loss of compensation or other benefits when they are participating in Union activities during the designated representative's normal work hours. Union activities are defined as: (i) Investigating potential or existing grievances, or processing grievances. (ii) Formally meeting and conferring. with representatives of the employer on matters within the scope of representation. (iii) Testifying or appearing as the designated representative of the Union in conferences, hearings, or other proceedings before the Public Employment Relations Board or other labor board, or an agent thereof, in matters relating to a charge filed by the Union against the City or by the City against the Union. (iv) Testifying or appearing as the designated representative of the Union in matters before the governing body of the employer, a personnel, civil service or merit commission, board of adjustment or arbitrator. (v) Serving as a Union representative at a new employee orientation. b. The Union shall provide reasonable notification, of no less than five business days, to the employer when requesting time off without loss of compensation or other benefits pursuant to paragraph (1)(a) above. The designated representative is required to obtain permission from the representative's immediate supervisor or other authorized management representative to be absent from the representative's work hours/shift to perform an activity covered by this section. The supervisor or authorized management official will not unreasonably or arbitrarily deny any release time request: K. City Rights It is understood and agreed that the City retains all of its powers and authority to direct, manage, and control operations to the, full extent of the law. The exercise of the foregoing powers, rights, authority, duties, and responsibilities of the City; the adoption of policies, rules, regulations, and practices in furtherance thereof; and the use of judgment and discretion in connection therewith, will be limited only by the terms of this Agreement, to the extent such specific and express terms are in conformance with law. IV. COMPENSATION A. Salary 1. Effective the first full pay period including July 1, 2022, the salaries of all classifications shall be increased by four percent (4%). Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 2. Effective the first full pay period including July 1, 2023, the salaries of all classifications shall be increased by four percent (4%). 3. Effective the first full pay period including July 1, 2024, the salaries of all classifications shall be increased by three percent (3%). 4. Effective the first full pay period including July 1, 2022, the classification Lighting and Traffic Signal Technician will receive a market adjustment of 9.25% to bring the classification to the labor market mean in total compensation as surveyed by the City in Spring 2022. The market adjustment shall be applied prior to the 4% salary increase in July 2022 set forth above. 5. For Year 3, a special adjustment will be provided, based on completion of a Total Compensation analysis for all .CARP benchmark classifications. It will be calculated as follows: City will prepare a Total Compensation analysis for all CARP benchmark classifications, using the established benchmark agencies and compensation components. City will calculate a special adjustment that would bring all CARP classifications' Total Compensation to the mean of the Total Compensation array. The special adjustment shall be effective the first full pay period including July 1, 2024. B. Merit Salary Increases A performance evaluation must accompany any and all merit salary increases. Merit salary increases provide for advancement through the steps of a salary range, based on satisfactory job performance, on an annual basis, or as required for probationary employees. Such increases shall not be automatic, but shall depend upon increased service value of an employee to the City as exemplified by recommendations of his supervising official, length of service, performance record, special training undertaken, or other pertinent evidence, within the advancement policy established by the pay plan. Employees hired or placed at the "A" step following transfer, promotion, demotion, reclassification or for any other reason shall be eligible for a merit salary increase on qualifying for permanent status or after six months of satisfactory service, whichever comes first. Employees hired or placed above the "A" step shall not be eligible for a merit salary increase until one year from such initial action whether by hire, transfer, promotion, demotion, reclassification or other reason. C. Benefit Cost Adiustments For the term of this contract, e The City will be responsible for any increase to the PERS employer contribution rate for the PERS plan. A The City will provide Division 0002 dental coverage, including an annual maximum per patient benefit of $2,500 and orthodontia coverage with a $2,500 per patient lifetime. The City will be responsible for any increase in monthly contribution to provide the current dental plan. The City will be responsible for any increase to the monthly Employee Assistance Program cost. Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 • The City will be responsible for any increase in the life insurance monthly cost. ® The City will be responsible for any increase in the current long term disability plan. • The City will be responsible for any increase in the current vision plan. D. Health and Welfare Benefits 1. Medical Insurance The City's maximum monthly contribution for each eligible bargaining unit member for the purchase of medical insurance will be equal to the minimum monthly employer contribution required under the Public Employees Medical and Hospital Care Act (PEMHCA). The City's contribution will come out of the amount the City currently contributes to employees as part of the Cafeteria Plan Allowance, provided below. The cost of the City's participation in CalPERS will not require the City to expend additional funds toward health insurance beyond what is already provided through the Cafeteria Plan Allowance. Any cost increase to the minimum monthly employer contribution required under PEMCHA will be borne by employees. 2. Cafeteria Plan Allowance Bargaining unit members electing medical coverage in the City's plans will receive a health flex allowance and shall purchase such coverage through the City's Cafeteria Plan. Effective January 1, 2023, the monthly Cafeteria Plan Allowance will be based on selected level of coverage as follows: Employee Only Coverage: $913.74 Employee Plus One Coverage: $1,827.48 Employee Plus Family Coverage: $2,375.72 Effective January 1, 2024, the monthly Cafeteria Plan Allowance will be set at the Kaiser Permanente Region 1 rates for 2024 at the employee's selected level of coverage unless the rate increase from plan year 2023 exceeds eight percent (8%). If the year -over -year rate increase exceeds 8%, the City's Cafeteria Plan Allowance shall be eight percent (8%) higher than the 2023 rates. Employees who select a plan with rates higher than the City's Allowance will be required to make up the difference through salary redirection. Effective January 1, 2025, the monthly Cafeteria Plan Allowance will be set at the Kaiser Permanente Region 1 rates for 2025 at the employee's selected level of coverage unless the 2025 rates are eight percent (8%) higher than the City's 2024 contribution. If the year -over -year rate increase exceeds 8% of the City's 2024 contribution, the City's Cafeteria Plan Allowance shall be eight percent (8%) higher than the 2024 contribution. Employees who select a plan with rates higher than the City's Allowance will be required to make up the difference through salary redirection. 7 Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 Employees who elect a medical insurance plan with a lower monthly premium than the amount of the City's medical contribution may apply their unused contribution amount toward other benefit options that are available under the Cafeteria Plan, such as flexible spending accounts for out -of pocket medical expenses and dependent care, accident insurance, cancer insurance, heart and stroke insurance, long term care insurance and life insurance benefits. Employees who do not spend all their Cafeteria Plan Allowance on Cafeteria Plan benefits will not receive any cash benefit. 3. Conditional Opt -Out Employees who at initial enrollment or during the annual open enrollment period, complete an affidavit and provide proof of other minimum essential coverage for themselves under an exchange/marketplace or ari individual plan, will be allowed to waive medical coverage for themselves and their qualified dependents (tax family). The monthly conditional opt -out incentive is $750, The conditional opt -out incentive shall be paid in cash (taxable income) to the employee. The employee must notify the City within 30 days of the loss of other minimum essential coverage. The conditional opt -out payment shall no longer be payable if the employee and family members cease to be enrolled in other minimum essential coverage. 4. Additional Cafeteria Plan Contribution Effective January 1, 2023, CARP members will receive an additional cafeteria plan contribution of $50.00 per month, which may be used for non -medical insurance benefit options available under the cafeteria plan, such as a flexible spending account to be used for out-of-pocket medical expenses or dependent care, accident insurance, cancer insurance, heart and stroke insurance, long term care insurance and life insurance benefits. Effective January 1, 2024, the City will additionally increase the cafeteria plan contribution by $50.00 per month. Effective January 1, 2025, the City will additionally increase the additional cafeteria plan contribution by $25.00 per month. E. Miscellaneous Retirement Benefit Formulas/Benefits 1. Employees Hired prior to March 7, 2011: For Classic Miscellaneous Members hired prior to March 7, 2011, the City contracts the following PERS options: 2.5% at age 55, highest 36-month salary, military service buy back option, 1959 survivor benefit (Level 3, One-half continuance), Credit for unused sick leave (Credit for Peace Corps, AmeriCorps VISTA, AmeriCorps Service). Employee contribution 8%. 2. Employees Hired after March 6, 2011: For Classic Miscellaneous Members hired after March 6, 2011, the City contracts the following PERS options: 2% at age 60, highest 36-month salary, military service buy back option, 1959 survivor benefit (Level.3, One-half continuance), Credit for unused sick leave (Credit for Peace Corps, AmeriCorps VISTA, AmeriCorps Service). Employee contribution 7%. 8 F G I Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 3. Employees Hired after December 31, 2012 For New Miscellaneous Members hired after December 31, 2012 (Classic Miscellaneous Members hired after December 31, 2012, are under the Classic Miscellaneous Members hired after March 6; 2011 plan.), the City contracts the following PERS options: 2% at age 62, highest 36-month salary, military service buy back option, 1959 survivor benefit (Level 3, One-half continuance), Credit for unused sick leave (Credit for Peace Corps, AmeriCorps VISTA, AmeriCorps Service). Employee contribution 7.75%. Tuition Reimbursement The City will continue the tuition reimbursement program as specified in Personnel Rules and Regulations Section 18.3.A, with a maximum reimbursement of $3000 per year. Carpenter members will be able to use tuition reimbursement money to attend relevant work - related training that is approved by management. Reimbursement will include tuition and class participation materials only. Employees represented by Carpenters may utilize tuition reimbursement for examination fees and related review course fees if pursuing job related certification programs. Deferred Compensation The City will continue to contribute $20 per pay period to each full time employee's ICMA Deferred Compensation account. The contribution for permanent part time employees will be prorated accordingly. Retiree Award Program The City will continue the existing Retiree Award Program continuing the following criteria and features: • Minimum retirement age of 50 and retired from the City of Campbell with at least 17 years of service with the City of Campbell. • Bills must be submitted to the City in January and July of each year for reimbursement for the prior six months' costs. • Award will not exceed cost for medical coverage for the retiree only (not dependents) on a reimbursement basis as follows: • The maximum reimbursement is $300 per month. All other provisions of the Retiree Award Program will remain unchanged. • Employees hired on or after July 1, 2019, will not be eligible for the Retiree Award Program. Benchmarks 9 Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022—June 30, 2025 Comparable salary and benefit data is gathered from. Campbell's survey agencies to determine how Campbell benchmark classifications compare with comparable positions in our survey agencies. Benchmarks Maintenance Worker II Lighting and Traffic Signal Technician Mechanic II Any special compensation adjustment for a benchmark classification will also be provided to classifications related to the benchmark as set forth below: Maintenance Worker II Maintenance Worker I Park Maintenance Lead 'Worker Street Maintenance Lead Worker Arborist Lighting and Traffic Signal Technician Lighting and Traffic Signal Assistant Lighting and Traffic Signal Supervisor Mechanic II Mechanic I Equipment Maintenance Supervisor The compensation components to be used for the Total Compensation analysis shall be as follows: Salary Min, Salary Max, Dental, Life, Vision, Medical, Uniform, LTD, and MCARE. I VEBA The City contributes $50.00 per month to each CARP member's VEBA account. K. Uniform Allowance The City will provide a uniform allowance of $850 per year to the following classifications: Park Maintenance Lead Worker Maintenance Worker Lighting/Traffic Signal Assistant Lighting/Traffic Signal Supervisor Street Maintenance Lead Worker Maintenance Worker 11 Lighting/Traffic Signal Technician The City will provide a uniform allowance of $460 per year for the following classifications: 10 M Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 Equipment Maintenance Supervisor Mechanic 11 Mechanic I Uniform Allowance payments will be made once each fiscal year (in July). Bilingual Pay Represented employees who are certified to have a working level of competence in languages other than English, and are required to regularly converse with members of the Campbell community in a language other than English, will receive an additional $75 per pay period as Bilingual Pay. In order to be eligible for Bilingual Pay, the Department Head must certify that the employee regularly has a need to use his/her bilingual skills in communicating with members of the community. Additionally, the employee must pass a certification test completed by a trained professional. Vacation Leave 1. Purpose of Annual Vacation Leave: The purpose of annual vacation leave is to enable each eligible employee to return to his work mentally refreshed. All employees shall be entitled to annual vacation leave with pay except the following: Employees who work on a provisional basis, temporary basis, and all employees who work less than 1040 hours a year. 2. Vacation Accrual Rates: All employees in miscellaneous, safety and permanent part-time positions shall earn vacation credits as follows: a. Miscellaneous and Safetv Employees with a 40-Hour Workweek: Hours Accrued Years of Service (uninterrupted) Per Pay Period Start of year 1 through completion of year 4: 338 (11 days) Start of year 5 through completion of year 10: 4.92 (16 days) Start of year 11 through completion of year 15: 5.85' (19 days) Start of year 16 and thereafter 6.46 (21 days) When establishing increased accrual dates,. time in the military service shall not be interpreted as an interruption of service with the City. 11 Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 b. Permanent Part-time Employees: Eligible employees in permanent part-time positions which are budgeted on a one-half time basis or greater shall be credited vacation on a prorated basis. 3. Use of Vacation: In order to be eligible for full annual vacation, each employee shall be required to serve the equivalent of one year of continuous service with the City. After six months of continuous service, however, each employee shall be permitted to take vacation leave not to exceed one-half of the year's allocation. a. Use of Vacation in Lieu of Sick Leave: Accrued vacation leave may be used in lieu of sick leave, when the accrued sick leave of an employee is not enough to provide leave with pay during an illness. Such use of vacation time as sick leave shall be computed on the basis of one sick day leave equaling one working day of vacation. 4. Vacation Scheduling, Retention of Unused Vacation. and Payout of Vacation Hours: The times during a calendar year at which an employee may take vacation shall be determined by the department head with due regard for the wishes of the employee, and particular regard for the needs of the service. Employees will be permitted to schedule accrued vacation time no more than six (6) months in advance. All scheduling conflicts within the bargaining unit will be settled by a coin toss. If the requirements of the service are such that an employee cannot take part or all of this annual vacation in a particular calendar year, such vacation either shall be taken during the following calendar year, or paid for at the discretion of the appointing power, subject to the approval of additional funds by the City Manager. In those years where it is impractical for classified non -management personnel to schedule a vacation, the vacation as of December 31 st each year may be retained as follows: Accrual Rate Per Pay Period for Employees on a 40-hour Workweek Number of Hours Retainable 3.38 hours 192 4.92 hours 232 5.85 hours 272 6.46 hours 304 Vacation hours which exceed the number of hours retainable on the last day of the pay period that contains December 31 each year will be paid out during the following February. In the case of employees who work a 40-hour week, when one or more holidays fall within an annual vacation leave such holidays shall not be charged as vacation leave and the vacation leave shall be extended accordingly. 5. Vacation Pay on Separation: 12 Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 Employees who terminate employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination; however, employees retiring from the City under the PERS Retirement Plan shall have the option to use the maximum amount of the employee vacation accrual allowance prior to established retirement date providing this is not in excess of 60 working days; or to take a lump sum payoff. Payroll checks issued to employees using accrued vacation prior to retirement would be subject to normal deductions. a. Vacation Pay on Separation - Probationary Period: When an employee separates from service with the City during the first six months of his probationary period of employment, he shall receive vacation pay for the hours of vacation accrued to the time of separation. N. Holidays The holidays to be observed by the City are as follows: • January 1st - New Year's Day • Third Monday in January - Martin Luther King, Jr. Day • Third Monday in February - Washington's Birthday • Last Monday in May - Memorial Day • July 4th - Independence Day • First Monday in September - Labor Day • Thanksgiving Day • Day after Thanksgiving Day • December 24th - Christmas Eve (4 hours) • December 25th - Christmas Day Floating Holidays -The calendar year entitlement is five (5) days (40 hours). New employees receive the appropriate prorated portion of this entitlement upon hire. Floating holidays must be used during the year in which they are granted. Unused floating holiday time may not be carried over to the next calendar year. Floating holiday time shall have no value upon termination of employment. Every day proclaimed by the Campbell City Council as a holiday. The City will meet and confer, if necessary, regarding the Holiday closure at a mutually agreeable time prior to the holiday closures during the term of this Memorandum of Understanding to discuss scheduling and time off for the CARP employees. Holidays failing on Saturday will be observed on Friday and holidays falling on Sunday will be observed on Monday. Permanent, probationary, and permanent part-time employees in the classified non -management service, shall not be required to be on duty on holidays unless the employee's services are needed and required in the interest of the public health, safety, or general welfare. In the case of the latter event, any such employee shall be entitled to overtime or compensatory time off as provided for in this MOU. Floating Holiday Usage Rules and Exceptions 13 Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 Floating Holidays must be used during the calendar year in which they are granted, and may be utilized in conjunction with annual vacation leave, For these purposes, the beginning of the calendar year means the first day of the first pay period that begins in January and the last day of the calendar year means the last day of the pay period that contains December 31st. All Floating Holiday leave time must be scheduled .with the employee's supervisor at least 24 hours in advance and cannot be disruptive of departmental operations. Floating Holiday time shall have no monetary value upon termination of employment unless a terminating employee has taken more than the proportionate share to which he/she is entitled prior to the termination date. The formula for determining the proportionate amount of Floating Holidays remaining in a calendar year shall be one Floating Holiday for each three months remaining in the calendar year. Thevalue of a Floating Holiday shall be the same as one day of vacation, and if used but not earned, it will be adjusted for on the employee's closing check. O. Overtime Overtime shall be defined as that time authorized and actually worked by an employee in excess of normal weekly hours as prescribed in 16.19 of Personnel Rules and Regulations. Except in emergency situations as authorized by the City Council, management employees are not eligible for overtime benefits. Classified non -management employees shall be compensated for overtime according to the following rules and regulations. At the discretion of the department head, overtime will be compensated by time and one-half pay or time and one-half compensatory time under the following conditions: 1. Overtime work is ordered or authorized by the eligible employee's department head. 2. Eligible classified non -management employees who are called back to work by their immediate supervisor shall be granted the following minimum paid overtime or compensatory time. The City agrees to use Section VIII, the Labor Management Cooperation Committee, not withstanding to the grievance procedure, to address the concerns regarding the use of temporary personnel for overtime purposes and other issues that may arise during the time period of this MOU. Public Works non -management maintenance personnel: 3 hours paid @ time and one-half OR 4-1/2 hours compensatory time. In addition, if the non -management Public Works maintenance employee is contacted by his/her supervisor after the completion of the employee's shift prior to the beginning of his/her next normal work day, the call back provision will apply. Other miscellaneous non -management personnel: 3 hours paid @ time and one-half OR 4-1/2 hours compensatory time. 3. Eligible non -management employees who are required to attend scheduled training sessions, staff meetings, or seminars which require time beyond the normal day or week, as defined in this MOU, shall be compensated with time off or pay in accordance with this MOU. 14 Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 4. Overtime pay shall not begin until the eligible employee has worked the hours required for his/her basic workweek, as set forth in 16.19 of the Rules and Regulations. All authorized paid leave time taken shall be credited as part of the basic workweek except that hours not worked, at the employee's option, where those hours are charged to compensatory time off, during the employee's 40-hour workweek and extra hours worked during that same period, totaling 40 hours, will be considered to be flexible scheduling within that workweek, and no compensatory time will be granted. 5. In addition to the requirements of Article N., overtime for bargaining unit members will be paid in accordance with all applicable requirements of the Federal law, known as the Fair Labor Standards Act ("FLSA" ). P. Compensatory Time At the discretion of the department head, compensatory time shall be granted. Such compensatory time is to be on a time and one-half basis except as provided for in Section 17.0 of the Rules and Regulations, and will be governed by the following provisions. 1. Compensatory time earned by an employee who is required to work in excess of the normal workweek shall be recorded in actual hours worked on the employee's timecard and submitted to the Finance Department. 2. The maximum accumulation of compensatory time is as follows: a.) For employees represented by the Union, compensatory time shall not be allowed to accumulate in excess of 100 hours. b.) Employees represented by the Union shall not be allowed to accumulate in excess of hours as stated above. Any compensation time earned exceeding maximum accrual hours will be paid in cash at the rate of time and one-half. An employee may exercise his/her option two times each calendar year to convert any or all accumulated compensatory time to cash. 3. Use of compensatory time must be scheduled at least 24 hours in advance with the employee's supervisor and recorded on the employee's timecard for submission to the Finance Department. 4. If possible, arrangements will be made to allow employees to use accrued compensatory time prior to termination. Otherwise, accrued comp time shall be paid off upon termination in accordance with section 553.21 of the Fair Labor Standards Act. Q. Working Out -of -Class Pay Public Works Maintenance Division Non -management Personnel: Employees required to serve in an acting capacity in the higher classification of Lead Worker and Lighting & Traffic Signal Technician shall receive an additional $25 per day. Acting pay for the Lead Worker and Lighting Traffic Signal Technician class will be provided for assignments of four (4) or more hours. Written authorization to work in a higher classification will be required. Such written authorization shall be provided to the employee upon commencement of the assignment. 15 Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 —June 30, 2025 Employees required to serve in an acting capacity in the higher classifications of Park Maintenance Supervisor, Street Maintenance Supervisor, Equipment Maintenance Supervisor, Senior Lighting and Traffic Signal Technician shall receive an additional $30 per day for assignments of 4 hours or more and for Public'Works Superintendent working 8 hours or more shall receive $35 per day. R. Standby Pay Public Works Non -management Maintenance. Mechanic and Traffic/Lighting Personnel; Standby assignments outside the regular work schedule shall first be made on a rotating voluntary basis. In the absence of volunteers, the Public Works Superintendent will designate standby assignments. During the normal work week, if the need for standby is known, standby assignments will be made for the period of time from the end of the employee's normal work day until the employee's normal start time the following day. If the,need for standby assignments is known by the end of the work day on a Friday, such standby assignments will be made for the following time periods: End of work day Friday to 8.00 a.m. Saturday 8.01 a.m. Saturday to 8:00 a.m. Sunday 8:01 a.m. Sunday to beginning of work day Monday If the need for standby is expected for part of the weekend, but not the entire weekend, only that portion needed will be assigned in advance. If an upcoming assigned standby shift is no longer needed, the employee assigned to that shift will be notified no less than eight (8) hours in advance. In order to be eligible for standby assignments, employees must reside, or secure accommodation for the duration of the assignment, at a location that is no more than thirty (30) minutes travel time from the City's Service Center. Standby pay shall be compensated at the rate of six (6) hours of straight time for every 24 hours of Standby assignment. Call out of employees on standby assignments shall be compensated at the regular overtime rate for hours worked in addition to the standby pay. The City may provide a vehicle to employees on standby assignment. A temporary employee shall not perform any call back, standby, or overtime work unless such work has been offered and refused by all probationary or permanent employees who may be available at the time such work is offered. A probationary or permanent employee shall be considered unavailable if: a. The employee is on leave of absence, or b. The employee fails to answer the phone when contacted by the supervisor. S. Meal Allowance Public Works maintenance, non -management employees covered under this MOU will receive a meal allowance of $9.00 when required by a supervisor to work a three (3) hour or longer extension of the normal shift. Employees working. such a shift extension shall schedule their meal breaks in a manner that is least disruptive to the work being performed during the shift extension, and meal breaks will not exceed fifteen minutes. Payment will be made through the City payroll system, following the appropriate entry on the employee's timecard. 16 Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 - June 30, 2025 T. Employee Certifications Any employee who has obtained a Qualified Applicator Certification shall receive an additional $25 per pay period. Any employee who has become a Certified Arborist shall be paid an additional $50 per pay period. U. Survey Agencies Comparable salary and benefit data is gathered from Campbell's survey agencies to determine how Campbell benchmark classifications compare with comparable positions in our survey agencies. Survey Agencies Cupertino Gilroy Los Altos Los Gatos Milpitas Morgan Hill Mountain View Palo Alto Santa Clara Saratoga Sunnyvale V. Sick Leave Employees accrue 3,69 hours of sick leave per pay period. Accumulation is unlimited. V. OTHER PROVISIONS A. Tools The City and the Union have agreed on the list below of required tools to be provided by each Mechanic employed by the City. The City will replace or repair required, mechanic -provided hand tools and any additional hand tools provided by the mechanic which are stolen and/or damaged as a result of negligence caused by someone other than the Mechanic (tool owner), provided the individual mechanic has supplied his or her immediate supervisor with a complete inventory of all additional tools and the supervisor has approved, in advance and in writing, the use of such tools. In the event of theft or damage, the Mechanic will provide his or her supervisor with a written, detailed account of the incident. MINIMUM REQUIRED TOOL LIST 114 SOCKET SETS (6mm, 7mm, 8mm, 9mm,1 0mm,1`f1mm,12mm,1 3mm) shallow and deep 6 point 17 Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 - June 30, 2025 (1/4, 5/16, 3/8, 7116,112) shallow and deep 6 point 1/4 WOBBLE SOCKETS, shallow (6mm,7mm,8mm,9mm,10mm,l lmm,12mm,13mm) 6 point (1/4, 5/16, 3/8, 7116,112) 6 point 1/4 DRIVE EXTENSION SET (1 '/, 2, 4, 6") 1/4 DRIVE RATCHET (1 regular, and 1 flexible) 3/8 DRIVE SOCKET SETS (10mm,llmm,12mm,13mm,14mm,15mm,16mm,17mm,18mm,19mm) shallow and deep, 6 point (5/16,3/8,7/16,1/2,9/16,5/8,11/16,3/4) shallow and deep, 6 point 3/8 EXTENSION SET (1 1/2, 2, 4, 6, 3,11") 3/8 WOBBLE SOCKETS shallow (10mm,11mm,12mm,13mm,14mm,15mm,16mm,17mm,18mm,19mm) 6point (5/16, 3/8, 7/16,1/2,9/16,5/8,11/16,3/4) 6 point 3/8 ALLEN WRENCH SOCKETS (4mrn,5rnm,5.5mm, 6mm, 8mm,10mm) (3/16", 7I32",1 /4", 5/16",3/8") 318 DRIVE RATCHET (straight and flexible) 1/2 DRIVE SOCKET SET (10mm,l l mm,l2mm,13mm,14mm,15mm,16mm,17mm,18mm,19mm;20mm,21 mm,22mm,23m m,24mm) shallow and deep, 6 point (5/16,3/8,7/16,1/2,9/16,5/8,11/16,3/4,13/16,7/8,15116,1") shallow and deep, 6 point 1/2 DRIVE EXTENSION SET (2, 3',/z, 5, 11") 112 DRIVE RATCHET (straight and Flexible) 1/2 BREAKER BAR 24" SPARK PLUG SOCKETS 5/8 STANDARD SOCKET 5/8 WOBBLE SOCKET 5/8 DEEP 13/16 STANDARD 13/16 DEEP 13/16 WOBBLE ALLEN WRENCH SOCKETS (4mm,5mm,5.5rnm, 6mm, 8mm,10mm) (3/16", 7/32", 1/4", 5/16", and 3/8") TORX SOCKETS SET (T-1 5,T-20,T-25,T-27,T-30,T-35,T-40,T-45,T-47,T-50,T-55) WRENCH SETS COMBINATION WRENCHES, STUBBY (1 /4, 5/16, 3/8,7/16,1 /2,9/16,5/8,11 /16, 3/4,13/16,7/8,15/16,1 ") (8mm,9mm,10mm,1lmm,12mm,13mm,14mm,15mm,16mm,17mm,18mm,19mm, 20mm,21mm) COMBINATION WRENCHES, REGULAR (1 /4,5/16, 3/8,7/16,1 /2, 9/16,5/8,11 /16, 3/4,13116, 7/8,15/16,1 ") In Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 (8mm,9mm,10mm,llmm,12mm,13mm,14mm,15mm,16mm,17mm,18mm,19mm, 20mm,21mm) COMBINATION WRENCHES, LONG (1/4,5/16, 3/8, 7/16,1 /2, 9/16, 5/8,11 /16, 3/4,13/16, 7/8,15/16,1 ") (8mm,9mm,10mm,llmm,12mm,13mm,14mm,15mm,16mm,17mm,18mm,lgmm, 20mm,21mm) ALLEN WRENCH (2mm,2.5mm,3mm 4mm,5mm, 6mm 8mm,10mm) (1/8, 5/32,3/16,7/32,1/4,5/16,3/8) PLIERS REG PLIERS NEEDLE NOSE PLIERS (short and long) VICE GRIP PLIERS (small, medium and large) NEEDLE NOSE VICE PLIERS CHANNEL LOCK (small, medium and large) WIRE CUTTER WIRE STRIPPER BUTT CONNECTOR PLIERS SNAP RING PLIERS INNER AND OUTER (small, medium and large) SCREW DRIVERS PHILLIPS #1, # 2 and # 3 (stubby, medium and large) STRAIGHT BLADE 1/8,1/4, and 5/8" (stubby medium and large) PRY BAR Straight (small, medium and large) Curved (small, medium and large) PUNCH AND CHISEL SET round punches short handle (small, medium and large) round punches long handle (small, medium and large) Chisels short handle (small, medium and large) Chisels long handle (small, medium and large) HAMMERS Ball peen, (small, medium and large) Dead Blow (small, medium and large) Rubber mallet FEELER GAUGE SET Roll around tool cabinet capable of holding all required tools The City shall provide and maintain all power tools including but not limited to any and all tools powered by electricity, pneumatic or tools requiring compressed gas or air for operation. All taps and dies,. presses, slide hammers, meters and or gages, and any battery operated tools, as well as any oversized and specialty tools as may be needed for the worker to perform his or her required duties. B. Probationary Period 19 Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 1. Obiective of Probationary Period: The probationary period shall be considered a part of the testing process for appointments to permanent full and part-time positions, and shall be utilized for closely observing the employee's work and for securing the most effective adjustment of a new employee in the new position. if a probationary employee is off work, for any reason, for more than 4 consecutive weeks, the employee's probationary period will be extended accordingly. 2. Probationary Period--Nan-management Positions: All original appointments shall be tentative and subject to a probationary period. The following non -management classifications shall serve probationary period as outlined below: a. Employees represented by the Union shall serve a probationary period of not less than twelve months: of service. All promotional appointments shall be tentative, and subject to a probationary period of not less than six months of service. The appointing power may, after conferring with the Union establish a longer probationary period for original and promotional appointments for specific classes. The Personnel Officer and the probationer shall be notified two weeks prior to the termination of any probationary period as to whether or not the services of the probationary employee have been satisfactory. If satisfactory, the employee shall receive a permanent appointment and if unsatisfactory, the employee shall be rejected unless an extension of the probationary period (13.3) is requested by management. 3. Extension of Probationary Period: The Personnel Officer may grant an extension of the probationary period, if the probationary employee has been absent from his/her job for a consecutive period of four weeks or more. If extended, the probationary period will be extended an amount of time equal to the length of absence. 4. Reiection of Probationer: During the probationary period of an original appointment, an employee may be rejected at any time by the appointing power without cause and without the right of appeal or to file a grievance. Notification of rejection in writing shall be served on the probationer and a copy filed with the Personnel Officer. 5. Rejection Following Promotion: Any employee rejected during the probationary period following a promotional appointment, or at the conclusion of the probationary period, by reason of failure of the appointing power to file a statement that his/her services have been satisfactory, shall be reinstated to the position from which he/she was promoted unless charges are filed and he/she is discharged in the manner provided in the Personnel Ordinance and these rules. C. Reduction in Force 1. Purpose: To establish layoff procedures to be implemented when the City determines that a reduction in force is to be accomplished in City departments, because of a change in duties or organization, abolition of position(s), shortage of work or funds, or the completion of work. 2. Order of Layoff: When one or more employees in the same classification in a City department are to be laid off, the order of layoff shall be as follows: 20 Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 1. Temporary employees in inverse order of seniority. 2. Provisional workers in inverse order of seniority. 3. Probationary workers in inverse order of seniority. 4. Permanent workers in inverse order of seniority. Should two or more employees in the same classification, with the same status (1, 2, or 3 above) have equal seniority, the order of layoff shall be determined by superiority in performance as documented on the employee's performance evaluation(s). If there are no performance evaluations, or such evaluations are essentially equal, the order of layoff shall be in inverse order of ranking on the employment list, as defined by the City's Personnel Rules. 3. Seniority Defined: Length of paid employment with the City of Campbell in a regular classifications) in position(s) with permanent status. Seniority shall be retained but not accrued during any period of leave without pay. Time served as a probationary employee in a regular classification(s) in permanent position(s) shall be included in determining seniority. Time spent serving in an acting capacity in a higher classification, following a formal appointment approved by the City Manager's Office, shall be counted when determining seniority should the employee later be permanently appointed to that higher classification. To count as time "in class," the acting appointment must have been on a full-time, continual basis for a minimum of three (3) months, and must have had a salary differential paid for the term of the assignment. 4. Notification: Employees to be laid off shall be given written notification of such action (including a copy of this section of the Personnel Rules and Regulations). Whenever possible, such notification shall be given a minimum of twenty (20) working days prior to the effective date of the layoff. Upon request, an employee so notified shall have the opportunity to meet with City representatives to discuss the circumstances requiring the layoff. 5. Reassignment in Lieu of Layoff: Within five (5) working days of notification of layoff, employees who wish to be reassigned in lieu of layoff will notify the City of their intention to exercise one of the following options: a. Vacancies: An employee shall be allowed to transfer to a vacant position either in the same classification, or in a lateral or lower classification in which the employee has held permanent status in the same or a different department. The requirement that the employee(s) have held permanent status in that classification may be waived if the appointing power certifies that the employee has the necessary education, experience and training for that position. b. Displacement: An employee shall be allowed to return to (a) a lateral or lower classification in his/her current department providing the employee previously held permanent status in that classification, or (b) a lateral or lower classification in another department in which the employee previously held permanent status, providing that the employee served no less than six (6) months in that department. In both (a) and (b), the employee must have more seniority (in that and higher classification(s)) than the least senior employee in that classification in the department in question. The employee shall only have the right to displace if there are no vacancies that the employee is qualified to fill at the same or a higher level than the highest level which that employee is 21 Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 - June 30, 2025 qualified to fill through displacement. Such reassignments are only permissible if the employee is fully qualified, trained and capable of performing all work in the new position/classification as determined by the appointing power. If the appointing power determines that the employee is not fully qualified, trained and capable of performing all the work in the new position/classification, the reasons for such a determination shall be provided in writing to the employee, who shall be given the opportunity to respond to these reasons. 6. Exceptions: Notwithstanding the foregoing, if the appointing power determines that the public interest will not be served by application of the preceding criteria, the appointing power may lay off out of seniority order on the basis of a clearly demonstrable superiority in performance and/or qualifications. In such a case, the appointing power shall notify the employee to be laid off, in writing, specifying the basis for such a determination. 7. Reemployment. The names of employees laid off in accordance with provisions of this section shall be placed on a reemployment list if their services have been satisfactory. Names shall be placed on a classifications reemployment list in order of seniority. In the event that a person on layoff declines reemployment to a vacant position or cannot be contacted through telephone and certified mail within fifteen (1.5) working days, such persons' names shall be removed from the reemployment list. A reemployment list will remain in effect for two (2) years unless specifically extended, or sooner exhausted. Upon reinstatement an employee will be eligible for all benefits acquired by the employee prior to the layoff, including prior sick leave accruals (providing the employee did not receive cash payment in lieu of same), vacation accrual rate and seniority. Upon reemployment from the reemployment list to the same job class from which the employee was laid off, the employee will be reinstated at the same salary step held prior to the layoff. An employee shall not receive credit for time spent on layoff in computing time for any benefit entitlement. 8. Appeals: Interpretations of the provisions of this section may be appealed through the grievance procedure in Section 20.0 of the Personnel Rules and Regulations. Such grievances must be filed within five (5) days of notification of the proposed action. For the purpose of appealing interpretations of this section, the steps in the grievance procedure prior to the meeting with the City Manager shall be deleted. The filing of a grievance shall not prevent the City from implementing the layoff pending final resolution of the grievance. The reasons or necessity for the layoff shall not be subject to the grievance procedure or appeal. 9. Assistance to Laid -off Employees: a. During the notification period, the City will provide a reasonable amount of paid time off --as approved by the Department Head so as not to be disruptive to departmental operations --far the employee to seek other employment. b. The City's Personnel Services Division will provide in-house assistance in the areas of resume preparation and typing, benefit counseling, and public sector job vacancy information. D. Grievance Procedures 1. Purpose of Rules: a. To promote improved employer -employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations. 22 Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 - June 30, 2025 b. To afford employees individually or through recognized employee organizations a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions. c. To provide that grievances shall be settled as near as possible to the point of origin. d. To provide that appeals shall be conducted as informally as possible. 2. Definition, Scope and Right to File: A grievance is defined as any dispute involving the interpretation, application or alleged violation of: a. A current Memorandum of Understanding between the City and a recognized employee organization. b. The City's Personnel Rules and Regulations where the provision in dispute is within the scope of representation excluding, however, any provision that specifically provides that the decision of the City Manager or other City Official shall be final. ("excluding" language not applicable to this bargaining unit). c. Administrative policies and procedures of the City regarding personnel matters where the procedure or policy in dispute concerns a matter within the scope of representation. d. Disciplinary procedures excluding discharge_. Where any of the aforementioned provisions or policies prescribes a separate appeal procedure, they shall be excluded from the procedure contained herein. 3. Grievance Steps Step 1: An employee who has a grievance shall bring it to the attention of his/her immediate supervisor within five working days of the occurrence of the act which is the basis for the dispute. If the employee and the immediate supervisor are unable to resolve the grievance at this step within five (5) working days of the date the grievance is raised with the immediate supervisor, the employee shall have the right to submit a formal grievance to his/her department head (see Step 2) which shall contain the following information: a. The name and job classification of the grievant. b. Grievant's department and specific work site. c. The name of the grievant's immediate supervisor. d. A statement of the nature of the grievance including date and place of occurrence. e. The specific provision, policy or procedure alleged to have been violated. f. The remedies soughtby the grievant. g. The name of the individual or organization designated by the grievant to represent him/her in the processing of the grievance. However, in no event shall an employee organization other than that which formally represents the position occupied by the grievant be designated as the grievant's representative. h. The signature of the grievant. i. The date of the execution of the grievance form. 23 Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 A standard grievance form shall be available through the City Manager's Office If mutually agreed by the department head and the employee, the department head may hold an informal meeting re the grievance prior to the submittal of the formal grievance form. if this informal meeting does not resolve the grievance, the employee will be required to submit a formal grievance form to the department head for the department head's formal decision. St_ ep 2: An employee dissatisfied with the decision of the. immediate supervisor in Step 1 may submit the grievance in the manner provided above to their department head within seven (7) working days from the date of the immediate supervisor's decision. The department head shall respond to the grievance in writing within ten (10) working days from the date of its receipt. At the discretion of the department head the grievance may be referred to a subordinate manager above the level of the supervisor. Step 3: If the employee is dissatisfied with the decision of the department head in Step 2, they may submit the grievance to the City Manager within ten (10) working days from receipt of the department head's response. The City Manager, or their designated representative, shall respond to the grievance in writing within ten (10) working days of its receipt. Within this period, the City Manager, at, their discretion, may conduct an informal hearing involving the parties to the dispute. Step 4: if the employee is dissatisfied with the decision of the City Manager, they may submit the grievance to the Employee Conciliation Committee within ten (10) working days of the receipt of the City Manager's decision. The Committee shall consist of three (3) members, one of whom shall be selected by the grievant and one by the Municipal Employee Relations Officer. Where such members are other than City employees, they shall serve without compensation and without the City bearing any obligation to reimburse the member's employer for lost time. The third member and chairperson of the Committee shall be a representative from the State Mediation and Conciliation Service, or an individual acceptable to the Municipal Employee Relations Officer and the grievant. An individual, other than a State representative, chosen by the parties shall be knowledgeable in public sector relations and may be chosen from any source reasonably likely to produce such an individual, including but not limited to a labor organization or management organization. Any costs incurred through the obtaining the services of the chairperson shall be equally shared between the City and the grievant or their employee organization. The Committee shall conduct a hearing on the grievance within thirty (30) calendar days from the date the grievance is filed at this step and shall render its decision within fifteen (15) working days from the conclusion of the hearing. The majority decision of the Committee shall be final and binding and shall only be subject to ratification by the City Council if said decision mandates an unbudgeted expenditure. All hearings shall be conducted in an expeditious manner, with the chairperson retaining final authority to rule on procedural matters or other points which affect the length and conduct of the hearing. Court reporters and post -hearing briefs shall only be utilized upon joint agreement between the grievant and the City and shall not serve to delay the Committee's decision beyond the prescribed time limits, except by mutual agreement. 24 Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 4. General Conditions for All Grievances: • Any time limit set forth in Section D may be extended by written agreement between the parties. • A representative of the recognized employee organization which has been formally extended bargaining rights for the grievant's position shall be entitled to be present at any hearing held in conjunction with Steps 3 and 4 of this Grievance Procedure. In addition, at the request of the employee, the above mentioned representative shall be entitled to be present beginning at Step 2. • The grievant and his/her designated representative shall be entitled to utilize a reasonable amount of work time, as determined by the grievant's department head, to confer on the grievance. This reasonable amount of time shall not interfere with City operations. • The City Manager's Office shall serve as the central repository for all grievance records. • The grievance procedure will be implemented as expeditiously as possible. E. Reclassification The City and Union will meet and confer in the event of a reclassification resulting in a pay reduction. F. Notification of address Employees shall notify the Personnel Officer of any change of address or telephone number within fifteen (15) working days. G. New Positions When a new position is created, before it may be filled, the appointing authority shall notify the Personnel Officer and, except as otherwise provided by ordinance or these rules, no person shall be appointed or employed to fill any such position until the classification plan shall have been amended to provide therefore and an appropriate employment list established for such position. The Personnel Officer shall notify the Union of any such newly created position prior to the employment of any individual into those positions. H. Employee Rights The City recognizes the right of City employees to choose and partake in activities of employee organizations for representation in employer -employee relations as provided for in Government Code Section 3500 and the City's Employer -Employee Relations Resolution No. 6647. Evaluation of Employee Performance If an evaluation is delayed, and the employees meets standards required for a merit increase, it is granted retroactive to the employee's anniversary date. 25 Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 J. Official Personnel Files The only official personnel files of the City will be those maintained by the Personnel Officer. Any other files shall have no official status. An employee covered under the MOU, or their representative upon presentation of written authorization from the employee, shall have access to the employee's official personnel file. An employee shall be informed of any performance -related document placed into the employee's formal personnel file prior to such placement. The City shall furnish the employee copies of all letters of discipline within ten (10) working days prior to placement of such documents into the employee's official personnel file. The employee shall have ten (10) working days to respond to a letter of written reprimand and any written response provided by the employee shall be attached to the letter of reprimand placed in the official personnel file. K. Alternate Work Schedule The 9/80 work schedule is a voluntary program and participants will have to complete an Alternative Work Schedule Agreement form to be approved by the City Manager. Employees will not be able to arbitrarily alternate between a regular and 9/80 schedule. The basic work week will start at 6:30am and be nine hours Monday through Thursday, eight hours on Friday and every other Friday off. Staff on the 9/80 schedule will not be allowed to use vacation or compensation time off on their assigned Fridays, unless they are on an extended vacation and arrangements for coverage have been previously made. Any change to the 9/80 work schedule that impacts the entire service center operation as a whole will be subject to the meet and confer process. L. Substance Abuse Policy PURPOSE The purpose of this policy is to promote a workplace free from alcohol, drug use and substance abuse. This policy provides guidelines for the detection and deterrence of alcohol or substance abuse in the workplace. It also outlines the responsibilities of managers and employees in regard to this policy. All persons covered by this policy should be aware that violation of the policy will result in discipline, up to and including termination. In recognition of the public service responsibilities entrusted to the employees of the City, and recognizing that alcohol and substance abuse usage can hinder a person's ability to perform duties safely and effectively, the following alcohol and drug -free workplace policy, applicable to employees represented by the Northern California Carpenters' Regional Council, is hereby adopted by the City. POLICY 26 Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 The City and the Union are committed to protecting the health and safety of individual employees, their co-workers, and the public at large from the hazards caused by the misuse of drugs and alcohol on the job. The safety of the public, as well as the safety of fellow employees, dictates that employees not be permitted to perform their duties while under the influence of drugs or alcohol. An employee shall not manufacture, sell, transfer, purchase, transport, distribute, dispense, use, be under the influence of, or possess alcohol or any controlled substance, or attempt to do so, while performing their duties in the service of the City wherever City business is performed, while on standby, or when operating any City -owned vehicle or equipment. The proper use of prescription drugs as part of a medical treatment program is not a violation of this Policy. The improper use of prescription drugs is prohibited and is a violation of this Policy. Employees who believe or have been informed that their use of any prescription drug or over-the-counter medication may present a safety risk are to report such drug use to their supervisor so as to insure the safety of themselves, other employees, City property, City vehicles and the general public. In the event the City questions whether the use of the medication may impair the employee's ability to perform specific duties, the City may seek a medical opinion as to whether the employee is able to safely perform his or her normal duties. Any employee who is found to be in violation of this Substance Abuse Policy described above shall be subject to discipline up to and including discharge. Employees engaged in the sale or purchase of illegal drugs during working hours shall be subject to immediate termination. At the discretion of the City, any employee may be required, in connection with or instead of disciplinary action, to participate to the City's satisfaction, in an approved drug assistance or rehabilitation program. Such rehabilitation shall be at no direct cost to the City. SCOPE OF POLICY This policy applies to all employees represented by the Northern California Carpenters' Regional Council. Searches In order to promote a safe, productive and efficient workplace, the City has the right to search and inspect all City property, including but not limited to lockers, storage areas, furniture, City vehicles, and other places under the common control of the City or joint control of the City and employees. No employee has any expectation of privacy in any City building,property, or communications system, with the exception of their person and personal property. General Provisions Within thirty (30) days of adoption of this policy, and then in new employee orientation, the City shall provide new employees and existing, employees with a copy of the policy and a brief explanation of policy requirements, and encourage them to ask questions via their supervisor or Human Resources. TERMS/DEFINITIONS Illegal Drug: Any drug or substance whose use or production is prohibited by law and/or is not lawfully available for retail purchase. Prescription Drug: A drug lawfully available for retail purchase only with a doctor's prescription 27 Northern California Carpenters Regional Council Memorandum of Understanding July 9, 2022 — June 30, 2025 Reasonable Suspicion is based on objective factors, such as .behavior, speech, body odor, appearance, or other evidence of recent drug or alcohol use that would lead the supervisor to believe that the employee is under the influence of drugs or alcohol. In order to receive authority to test, the supervisor must record the factors that support reasonable suspicion on an Incident Report Form and discuss the matter with the Human Resources Manager or Department Director. If there is a reasonable suspicion of drug or alcohol abuse, the employee may, at the City's discretion, be relieved from duty and placed on administrative leave until the test results are received. The following may constitute some of the reasonable causes to believe that an employee is under the influence of drugs or alcohol. Incoherent, slurred speech; Odor of alcohol on the breath; Staggering gait, disorientation, or loss of balance; Red and watery eyes, if not explained by environmental causes; Paranoid or bizarre behavior; Unexplained drowsiness. DRUG AND ALCOHOL TESTING METHODOLOGY Reasonable Suspicion Testing The City may require a urinalysis drug test screening when the City has reasonable suspicion as defined in this policy of illegal drug use and/ or of being under the influence of illegal drugs in the workplace. The Human Resources Manager, Department Director, or other manager if designated, must order reasonable suspicion testing. If a supervisor makes observations of an employee which may constitute reasonable cause for drug testing, the supervisor shall immediately take the following actions, if feasible, given the condition of the employee: Inform the employee that he/she may have a Union Representative present for testing, if a representative is available within 45 minutes of notification. The employee shall also be provided with the attached "Consent for Urine Test for Drugs Form" setting forth the rights and obligations of the employee; Fill out the Incident Report Form (attached), including a statement of the specific facts constituting reasonable cause to believe that the employee is under the influence of drugs, and the names of the person(s) making the supporting observations; Provide a completed copy of this Incident Report Form to the bargaining unit employee before he/she is required to be tested, (and one copy made available to the Union Representative, if present). After being given a copy of the Incident Report Form, the bargaining unit employee shall be allowed enough time to read the entire document, to understand the reasons for the test. Provide the employee with an opportunity to give an explanation of his/her condition. If available, the Union Representative shall be present during such explanation and shall be entitled to confer with the employee for no more than five (5) minutes before the explanation is required; W. Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 If the City representative(s), after observing the employee, and hearing any explanation, concludes that there is in fact reasonable cause to believe that the employee is under the influence of drugs, the employee may be ordered to submit to a urine drug test, and the employee shall be asked to sign the attached Consent for Urine Test for Drugs Form, attached to this Policy. If the City has reasonable cause to believe an employee is under the influence of drugs or alcohol, as set forth in this Policy, and the employee refuses to submit to a drug test or alcohol test, this may subject the employee to discipline up to and including discharge. Alcohol Testing Procedure Alcohol testing shall be done by a law enforcement official based on a test with a preliminary screening breath testing device which is the testing method used by law enforcement officials in drunk driving cases. The law enforcement official administering the test shall explain the test to the employee being tested and properly administer the test to the employee. The screening parameters for Ethyl Alcohol shall be .04 gm/dL. Drug Testing Procedure The initial testing or confirmatory testing shall be done at a Substance Abuse and Mental Health Service Administration ("SAMHSA") certified laboratory. Drug testing shall be done based on a "split specimen" procedure of collecting. and analyzing urine samples. The specimen taken will be divided into primary and secondary specimens. if the primary specimen test is positive, the employee shall be informed of their right to request a test of the secondary specimen by the same laboratory, if they choose, at the City's expense. The employee will be removed from the safety -sensitive function pending the outcome of the secondary sample test results. The employee has three working days from notice of the initial test results within which to make the request for the secondary sample test. An individual shall be allowed to provide the required specimen in the privacy of a stall or partitioned area, except if the laboratory requires an attendant in accordance with laboratory procedures. The laboratory will only test for illegal drugs. All testing will be at the City expense. The following drugs are specified in the law and will be analyzed during drug testing: SUBSTANCE: SCREENING TEST: CONFIRMATION: Amphetamines 500 ng/ml Amphetamine 250 ng/ml GC/MS Methamphetamine* 250 ng/ml GC/MS *(Specimen must also contain amphetamine at a concentration of greater than or equal to 200 ng/ml) Cocaine Metabolites 150 ng/ml metabolite' 100 ng/ml GC/MS 29 Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 Opiate Metabolites 2000 ng/ml morphine Morphine 2000 ng/ml GC/MS Codeine 2000 nglml GC/MS 6-acetylrriorphine (6-AM) 10 ng/ml GC/MS (Test for 6-AM in the specimen. Conduct this test only when specimen contains morphine at a concentration greater than or equal to 2000 ng/ml.) Phencyclidine 25 ng/ml 25 ng/ml GC/MS Marijuana 50 ng/ml 15 nglml GC/MS Metabolites (Delta 9-THC) Substance testing shall comply with the following standards and procedures: (a) The initial drug testing process shall be one that is scientifically proven to be at least as accurate and valid as urinalysis using an immunoassay screening test, with all positive screening results being confirmed utilizing gas chromatography/mass spectrometry before a sample is considered positive. (b) In the event the cutoff levels under the Substance Abuse and Mental Health Services Administration (SAMHSA) Mandatory Guidelines for Federal Workplace Drug Testing Programs for the substances listed above are changed from the above, the revised SAMHSA cutoff levels shall apply. (c) Drug tests shall be performed by a commercial laboratory that is certified by SAMHSA (pursuant to Mandatory Guidelines for Federal Workplace Drug Testing Program, or which meets the standards used by the College of American Pathologists (CAP) to accredit laboratories for forensic urine drug testing. See Standards for Accreditation, Forensic Urine Drug Testing Laboratories, College of American Pathologists). (d) All positive drug test results shall be confirmed by a Medical Review Officer (MRO) designated by the City. (e) If the testing procedures confirm a positive result, as described above, the employee shall be .notified of the results in writing. The employee may request in writing from the MRO a report that includes the specific quantities. If requested by the employee or the Union, (with the written consent of the member), the laboratory will provide copies of all laboratory reports, forensic opinions, laboratory work sheets, procedure sheets, acceptance criteria and laboratory procedures in accordance with the procedures of the laboratory. (f) All information from an employee's drug and alcohol test is confidential for purposes other than determining whether the City's policy has been violated. Disclosure of test results to any other 30 Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 person, agency, or organization is prohibited unless (1) written authorization is obtained from the employee; or (2) the results are disclosed in support of discipline or to defend a disciplinary appeal; or (3) or unless the City is required to disclose the results in accordance with legal requirements. (g) Every effort will be made to insure that all employee substance abuse problems will be discussed in private and actions taken will not be made known to anyone other than those directly involved in taking the action, or who are required to be involved in the disciplinary procedure. No laboratory or medical test results will appear in the employee's Personnel File. Information of this nature will be kept in a separate, confidential medical file. All necessary measures shall be taken to keep the fact and the results of the test confidential. Consequences for Policy Violation Employees in violation of this policy may be subject to discipline up to and including termination. Chain of Custody/Confidentiality The City's services provider shall conduct all drug tests administered to covered employees under this program to ensure appropriate chain of custody and confidentiality of results. The City shall use SAMSHA chain of custody procedures to ensure that a strict chain of custody is maintained for the drug testing sample from the time it is taken, through the testing process, to its final disposition. Chain of custody forms shall, at a minimum, include an entry documenting date and purpose each time a specimen or sample is handled or transferred and identifying every individual in the chain of custody. Post -Accident Testing The City may require alcohol or drug screening following any work -related accident or any violation of safety precautions or standards, whether or not an injury resulted from the accident or violation, provided that the "reasonable suspicion" factors described above are present. Employee's Responsibilities A City employee must, Not report to work or be on standby or on -call status while his or her ability to perform job duties is impaired due to on or off duty alcohol or drug use; Not possess or use controlled substances (illegal drugs or prescriptions drugs without a prescription), or use alcohol at any time while on duty for the City at any location; Not directly or through a third party manufacture, sell, distribute, dispense, or provide controlled substances and or alcohol to any person, including any employee, while on duty; Notify his or her supervisor, no later than the beginning of the employees regularly scheduled shift, when taking any medications or drugs, prescription or non-prescription, that a medical professional or non-prescription warning labels included with over the counter medication has informed the employee 31 Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 may interfere with the safe and effective performance of duties or operation of City equipment while on duty; Notify the supervisor immediately of facts or reasonable suspicions when he or she observes behavior or other evidence that a fellow employee poses a risk to the health and safety of the employee or others; and Consent to drug or alcohol testing and searches in accordance with this policy that do not conflict with the employees rights. Management Employee Responsibilities City management employees must: If required by the funding source, notify the state or federal granting agency which has funded the work or program, if any, of any criminal drug statute convictions for a violation that occurred at a site where work is/was being done with a specific grant or contract; Record factors supporting "reasonable suspicion" as defined above and consult with other management staff in order to determine whether there is reasonable suspicion to test an employee as described by this policy; Take appropriate disciplinary action for any criminal drug statute conviction that occurred in a City workplace, up to and including termination, or require that the convicted employee participate satisfactorily in a drug abuse assistance or rehabilitation program as a condition for returning to duty; and, Take appropriate disciplinary action for any violation of this policy. CITY REPRESENTATIVE AND SUPERVISOR TRAINING The City shall provide management representatives with a copy of this policy, and will provide management representatives with information to assist in identifying reasonable suspicion. EMPLOYEE VOLUNTARY SELF-HELP PROGRAM An employee who engages in drug/alcohol abuse is encouraged to participate in an Employee Voluntary Self -Help Program. Employees who seek voluntary assistance for alcohol and/or substance abuse may not be disciplined for seeking such assistance. Request by employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee's consent. An Employee Voluntary Self -Help Program Counselor shall not disclose information on drug/alcohol use received from an employee for any purpose or under any circumstances, unless specifically authorized in writing by the employee. The City shall allow an employee affected by alcohol or drug dependency the option of using accrued sick leave, vacation leave, Compensatory Time Off, or an unpaid medical Leave of Absence, for the purpose of enrolling and participating in a drug or alcohol rehabilitation .program. 32 Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 VI. RETROACTIVITY All proposals will be effective as indicated when agreement is reached. Vill. RATIFICATION This M.O.U. is subject to ratification by a majority vote of the employee organization and by approval of a majority of the City Council of the City of Campbell. Vill. LABOR MANAGEMENT COOPERATION COMMITTEE Upon ratification of the MOU, a joint Labor -Management Committee will be formed, consisting of an equal number of representatives, with no more than three (3) representatives each from the Union and the City. This committee's focus and purpose will be to promote harmonious Labor - Management relations through on -going. communications and to advance the proficiency and effectiveness of both the workforce and the City organization. The committee will meet as needed, not to exceed four times per year. IX. PEACEFUL PERFORMANCE CLAUSE During the term of this Agreement, the Union, despite any sanctions or instructions by their international association or central council, agrees that it will not engage in, encourage or approve any strike, slowdown or other work stoppage growing out of any dispute relating to the terms of this Agreement. The Union will take whatever lawful steps are necessary to prevent any interruption of work in violation of this Agreement, recognizing that all matters of controversy within the scope of this Agreement shall be settled by established grievance procedures. The Union consents to, and waives any defenses against, any injunctive action by the City to restrain any violation of this section. X. FULL UNDERSTANDING, MODIFICATION WAIVER The waiver of any breach, term or condition of this Memorandum of Understanding by either .party will not constitute a precedent in the future enforcement of all its terms and provisions. XI. SEPARABILITY If any provisions of this Memorandum of Understanding are held to be contrary to law by a court of competent jurisdiction, such provisions will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect. 33 EXECUTED THIS REPRESENTATIVES ORGANIZATION. CITY OF CAMPBELL Name Name Name Northern California Carpenters Regional Council Memorandum of Understanding July 1, 2022 — June 30, 2025 DAY AUGUST OF 2022 BY THE EMPLOYER -EMPLOYEE WHOSE SIGNATURES APPEAR BELOW FOR THEIR RESPECTIVE Date Date Date NORTHER CALIFORNIA CARPENTERS REGIONAL COUNCIL Name Name Name Name 6_darne Date Date Date Dated Date CARPENTERS 46 NORTHERN CALIFORNIA COUNTIES CONFERENCE BOARD 411 Name Date 34 CITY OF CAMPBELL POSITION CLASSIFICATION - CARPENTERS FY 22123 - SALARY SCHEDULE OE'Q1pp Effective: 7/11/2022 c�a c 0 0 4" o` '©ecgaav CLASS CD JOB TITLE STEP RANGES Range Step 1 Step 2 Step 3 Step 4 Step 5 4388 ARBORIST MIL18 ICARP lHourly 42.96 45.12 47.36 49.72 52.20 Bi-Weekly 3,436.80 3,609.60 3,788.80 3,977.60 4,176.00 Monthly 7,446.40 7,820.80 8,209.07 . 8,618.13 9,048.00 Annual 89,356.80 93,849.60 98,508.80 103,417.60 108,576.00 4235 EQUIP MNT SPVSR MIL04 CARP Hourly 50.67 53.21 55.83 58.65 61.56 Bi-Weekly 4,053.60 4,256.80 4,466.40 4,692.00 4,924.80 Monthly 8,782.80 9,223.07 9,677.20 10,166.00 10,670.40 Annual 105,393.60 110,676.80 116,126.40 121,992.00 128,044.80 4212 LGT/TRF SIG ASSIST MIL03 CARP Hourly 37.56 39.50 41.45 43.51 45.68 Bi-Weekly 3,004.80 3,160.00 3,316.00 3,480.80 3,654.40 Monthly 6,510.40 6,846.67 7,184.67 7,541.73 7,917.87 Annual 78,124.80 82,160.00 86,216.00 90,500.80 95,014.40 4210 LGT/TRF SIG SPVSR MIL01 CARP Hourly 54.02 56.72 59.54 62.54 65.66 Bi-Weekly 4,321.60 4,537.60 4,763.20 5,003.20 5,252.80 Monthly 9,363.47 9,831.47 10,320.27 10,840.27 11,381.07 Annual 112, 361.60 117, 977.60 123, 84 3.20 130, 0 83.20 136, 572.80 4211 LGT/TRF SIG TECH MIL02 CARP IHourly 49.36 51.81 54.39 57.12 59.99 Bi-Weekly 3,948.80 4,144.80 4,351.20 4,569.60 4,799.20 Monthly 8,555.73 8,980.40 9,427.60 9,900.80 10,398.27 Annual 102,668.80 107,764.80 113,131.20 118,809.60 124,779.20 4386 MAINTENANCE WORKER I MIL15 CARP Hourly 32.17 33.75 35.43 37.24 39.11 Bi-Weekly 2,573.60 2,700.00 2,834.40 2,979.20 3,128.80 Monthly 5,576.13 5,850.00 6,141.20 6,454.93 6,779.07 Annual 66,913.60 70,200.00 73,694.40 77,459.20 81,348.80 4387 MAINTENANCE WORKER 11 MIL16 CARP Hourly 35.52 37.29 39.16 41.12 43.17 Bi-Weekly 2,841.60 2,983.20 3,132.80 3,289.60 3,453.60 Monthly 6,156.80 6,463.60 6,787.73 7,127.47 7,482.80 Annual 73,881.60 77,563.20 81,452.80 85,529.60 89,793.60 4332 MECHANIC I MIL10 CARP Hourly 35.22 37.04 38.86 40.81 42.84 Bi-Weekly 2,817.60 2,963.20 3,108.80 3,264.80 3,427.20 Monthly 6,104.80 6,420.27 6,735.73 7,073.73 7,425.60 Annual 73,257.60 77,043.20 80,828.80 84,884.80 89,107.20 4333 MECHANIC I (PPT)* MIL14 CARP Hourly 35.22 37.04 38.86 40.81 42.84 Bi-Weekly 2,817.60 2,963.20 3,108.80 3,264.80 3,427.20 Monthly 6,104.80 6,420.27 6,735.73 7,073.73 7,425.60 Annual 73,257.60 77,043.20 80,828.80 84,884.80 89,107.20 4270 MECHANIC 11 MIL05 CARP Hourly 41.20 43.25 45.44 47.73 50.10 Bi-Weekly 3,296.00 3,460.00 3,635.20 3,818.40 4,008.00 Monthly 7,141.33 7,496.67 7,876.27 8,273.20 8,684.00 Annual 85,696.00 89,960.00 94,515.20 99,278.40 104,208.00 4334 MECHANIC 11 (PPT)* MIL17 CARP Hourly 41.20 43.25 45.44 47.73 50.10 Bi-Weekly 3,296.00 3,460.00 3,635.20 3,818.40 4,008.00 Monthly 7,141.33 7,496.67 7,876.27 8,273.20 8,684.00 Annual 85,696.00 89,960.00 94,515.20 99,278.40 104,208.00 4300 PARK MNT LEAD WKR MIL08 CARP Hourly 39.06 41.02 43.05 45.22 47.48 Bi-Weekly 3,124.80 3,281.60 3,444.00 3,617.60 3,798.40 Monthly 6,770.40 7,110.13 7,462.00 7,838.13 8,229.87 Annual 81,244.80 85,321.60 89,544.00 94,057.60 98,758.40 4296 STR MNT FIELD SPVSR MIL07 CARP Hourly 51.05 53.58 56.26 59.08 62.06 Bi-Weekly 4,084.00 4,286.40 4,500.80 4,726.40 4,964.80 Monthly 8,848.67 9,287.20 9,751.73 10,240.53 10,757.07 Annual 106,184.00 111,446.40 117,020.80 122, 886.40 129,084.80 [Page)1 CITY OF CAMPBELL POSITION CLASSIFICATION - CARPENTERS FY 22/23 - SALARY SCHEDULE 14 OV.Q� Effective: 7/1112022 a o xpd 4a G� 'CRCAdRP CLASS CD JOB TITLE STEP RANGES Range Step 1 Step 2 Step 3 Step 4 Step 5 4295 STIR MNT LEAD WKR MIL06 CARP Hourly 39.06 41.02 43.05 45.22 47.48 Bi-Weekly 3,124.80 3,281.60 3,444.00 3,617.60 3,798.40 Monthly 6,770.40 7,110.13 7,462.00 7,838.13 8,229.87 Annual 81,244.80 85,321.60 89,544.00 94,057.60 98,758.40 Notes: 1) Salary increases per MOU effective July 11, 2022 [Page]2 - 1 i# -• .S • � .. aka arm a _. +.r;j. tt � � � rr r r � �'�' � �. rs P d MN� » r x ')RI WIR r c I� Fz- �.s �h ;�.� � .'3yF�p hF9 �_ ��� } '� k;• l .p, u r �1`f` � _ P �� c. •<•� :�` 4 7_ � r : . I�jC i �� � r� �� gu..., ��4Yry k� pew fjlP� _ ;1.; I+. • 1 Y 1r !� � - F ! •. 1 .! 1 + � � TABLE OF CONTENTS PARTI - DEFINITIONS ... ........................................... :............................................................................ 1 SECTION 1.0 DEFINITION OF TERMS.......................................................................:................................ 1 PARTII - EMPLOYMENT.:...................................................................................................................4 SECTION 2.0 GENERAL PROVISIONS..................................................................:.................................... 4 2.1 Fair Employment ....................... ................................................................................................... 2.2 Violation of Rules....................:.................:.::.....:....:..:.::.............:....:..:.:...:..:.........::.................... 4 2.3 Amendment and Revision of Rules....................:............:........................................................... 4 SECTION 3.0 CLASSIFICATION PLAN ....... :.................................................................................................. 5 3.1 Preparation of Plan...:.......................:.......:................................................................................. 5 3.2 Adoption and Revision of Plan .................. 3.3 Allocation of Positions................................................................................................................. 5 3.4 New Positions.:.:...................:..........................................................:................:...:............:.::.... 5 3.5 Reclassification....:........:...............................................................................................................5 SECTION 4.0 COMPENSATION........................................................................:............................:....:...:. 6 4.1 Preparation of Plan .......... :............................................................................................................. 6 4.2 Classified Non -Management ............ :.......................................... ..... .:......:......::.:......................:. 6 4.3 Manageme:nt...................,.............................:......................................:..:....:..:.:...:.............,....... 6- 4.4 Adoption of Plans....................................................................................`..................................:: 7 SECTION5.0 RECRUITMENT.............:..............................::...................:................................................. 8 5.1 Announcement.....::..:.....:.......:......:..:.....................:................:....:............................................. 8 5.2 Request for Application Forms................................................................................................... 8 5.3 Application Forms - Following an Announcement .........................:. 5.4 Disqualification............................................................. .......:....... ........,:.,...............:.........:......:... 8 5.5 Disqualification - Nepotism .......................................... :.................................... .......................... 8 SECTION6.0 EXAMINATIONS.................................:............................................................................. 10 6.1 Nature and Types of Examinations.......................:................................................................... 10 6.2 Promotional Examinations.................:........:...:..:.::...............................::................................... 10 6.3 Continuous Examinations ................................................. ........................................................... 10 6.4 Conduct of Examination .............................. .................... ................. :........................................ 10 6.5 Scoring Examinations and Qualifying Scores ...............:. ... 10 6.6 Notification of Examination Results ............. ....................... ..................................................... 10 6.7 Cooperative Testing ....................................... .:............................................................................. 10 SECTION 7.0 EMPLOYMENT LISTS ...................... ................ .........................:................:....................... 11 7.1 Employment Lists............:........:................................................................................................ 11 7.2 Duration of Lists..:....................................................................:................................................. 11 7.3 Removal of Names from Lists...........................:....................................................................... 11 SECTION 8.0 METHOD OF FILLING VACANCIES..:................................................................................... 12 8.1 Types of Appointments............................................................................................................. 12 8.2 Notice to Personnel Officer...:......................................................................... ............. 12 8.3 Certification of Eligibles ................................ 8.4 Order of Employment...:..........................................:................................................................ 13 8.5 Appointment...................................................... ....................................................................... 13 9.1 Objective of Probationary Period............................................................................................. 14 9.2 Probationary Period--Non-management Positions.........................:........................................ 14 9.3 Probationary Period -Classified and Unclassified Management Positions .............................. 14 9.4 Extension of Probationary Period............................................................................................. 14 n 9..5 Rejection of Probationer ......................... ............................. ........................................................ 15 SECTION 10.0 PERFORMANCE EVALUATIONS.............................:.....................:.................................. 16 10,1 Evaluation of Employee Performance..................................................................,................... 16 SECTION 11.0 PAYDAYAND PAYADJUSTIVIENTS......................:..:..............:...........................:............. 17 11.1 Payday ............................................ ............................................................................................ 17 11.2 Application of Rates ........... ...................................................................................... ....... 17 11.3 Merit Salary Increases ......................... :..:....................:...::....:...:............. ............................... 17 11.4 Anniversary Date ................................ :........... .....:............ .............................................................. 17 11.5 Salary Change Effective Date.................:.................:........................:...........:.............:........... 17 11.6 Beginning and Terminating Pay Computations .............. .......... :.............................................. 18 12.1 Transfer................................................................................................................................... 19 12.2 Promotion...........................................................................................:................................... 19 12.3 Demotion...........................................................................................................................'...... 19 12.4 Suspension. ..........................................................................................................., ...... 19 12.5 Reinstatement......................................................................................................................... 19 12.6 Pre -Disciplinary Hearing Procedures .............. 20 12.7 Disciplinary Action --Police Officers........:................................................................................ 20 12.8 Just Cause For Discipline.....:.............................:...........:..:::.......,........................................ 20 SECTION 13.0 SEPARATION FROM THE SERVICE...........................,......................:................................ 22 13.1 Discharge....::..........::..............................:..................................................................................22 13.2 Discharge --Unclassified Management Personnel...................................................................22 13.3 Reduction in Force.................................................................................................................. 22 13.4 Resignation ............. ........ ....................................................................................................... ...... 24 13.5 Separation Date .................... SECTION 14.0 REPORTS AND RECORDS..:... ................... .... 25 .............:...................................................... 14.1 Roster Cards ............................. .......................................................... ........................................ . 25 14.2 Change of Status Reports....................................................................................................... 25 14.3 Destruction of Records...............................:..:....................................................................... 25 SECTION 15.0 COOPERATION........................:..................:....................:........:.........................a............ 26 15.1 Cooperation of Municipal Officers and Employees................................................................ 26 15.2 Applications of Rules...................................................::.......:............::.................................... 26 15.3 Gifts and Payments.............................:................................................................................... 26 15.4 Directives ........................ ................. :......................................................... ............................... 26 15.5 Financial Affairs.....:...........................................................,........:,............................................ 26 15.6 Notification of Address..........................:................................................................................ 26 15.7 Official Personnel Files.................................:................................::........................................ 26 15.8 Substance Abuse.............. PART III -TOTAL COMPENSATION ................... ....................27 SECTION 16.0 ATTENDANCE AND LEAVES.........................................................,................................... 27 16.1 Purpose of Annual Vacation Leave......................................................................................... 27 16.2 Vacation Accrual Rates................................:.......................................................................... 27 16.3 Use of Vacation..................................................................:..................................................... 27 16.4 Vacation Scheduling, Retention of Unused Vacation, and Payout of Vacation Hours........... 28 16.5 Vacation Pay on Separation ..................... . .................................................................................. 29 16.6 Sick Leave Accrual Rate - 40-Hour Week ........................ 16.7 Use of Sick Leave .................. :....................................................................................................... 29 16.8 Use of Family Sick Leave.................................:.....:.............................:................................... 29 16.9 Bereavement Leave .............. 16.10 Computing Sick Leave ............:..:... ....................... 30 16.11 Compensation for Unused Sick Leave.................................................................................. 30 16.12 Administrative Leave --Management Employees Only .......... ........................ W..,............. 1...... 30 16.13 Injury Leave.......................:................................................................................................... 31 16.14 Military Leave........................................................................................................................ 31 16.15 Leave of Absence without Pay ............................... :........................... :.................................... 31 .16.16 Special Leave of Absence................:................::................................................................... 31 16.17 Maternity Leave...............................:................:................:..:.........................:..................... 32 16.18 Jury Duty..................................:............................................................................................ 32 16.19 Hours of Work......:................................................................................................................ 32 16.20 Timecards.........:.................................................................................................................... 32 16.22 Overtime ...................... .......................... ..................... ..................................................................... 33 16.23 Compensatory Time........................................................................................I...................... 34 16.24 Unauthorized Leave.............................................................................................................. 35 16.25 Salary Deduction --Employees Exempt from. FLSA.Overtime Provisions ............................... 35 SECTION 17.0 SPECIAL PROVISIONS FOR SPECIFIC CLASSIFICATIONS................:................:............... 36 17.1 _ Motorcycle Assignment Pay ..........................................: ...... 36 17.2 Replacement of City -Issued Equipment--Non-management Police Department Safety Personnel............:..........................................................................................................:..... 36 17.3 Working Out -of -Class Pay--Non-management Police Department Safety Personnel............ 36 17.4 POST/Educational Incentive Pay--Police.Department Non -Management Public Safety Personnel....................::....................................................................::.................................. 36 17.5 Emergency Transfer of Sick Leave --Employees Represented by Campbell Peace Officers Association..................................................................:.................................................:...... 37 17.6 Meal Allowance --Employees Represented by Campbell Peace Officers Association ............ 37 17.7 Detective On -Call Pa 17.8 Bilingual Pay..................................................................................................... ...... 38 17.9 Vacation Buy Back..................................................................................................................... 3. 17.10 Meal AlIowa nce--CPCEA Represented Employees............................................................... 38 17.11 Working Out-of-Class.Pay--CPCEA Represented Employees ................................................ 38 17.12 Trainer Pay --Police Records Specialists and Public Safety Dispatchers ...:............................ 38 17.13.Catastrophic Illness/Emergency Transfer of Sick Leave-- CPCEA.......................................... 40 17.14 Bilingual Pay.: ........................................................................................................................ 40 17.15 Reserved............................................................................................................................... 41 17.16 Split Shift Differential................................................... :........................................................ 41 17.17 Working Out -of -Class Pay --Public Works Maintenance Division Non -management Personnel............................................................................................................................. 41 17.18 Workers' Compensation Benefits --Public Works Non -management Maintenance, Mechanic and Traffic/Lighting Personnel............................................................................................. 42 17.19. Standby Pay --Public Works Non -management Maintenance, Mechanic and Traffic/Lighting Personnel............................................................................................'................................. 42 17:20 Meal Allowance --Public Works Maintenance Division Non -management Personnel ......... 43 17.21 Class B Driver's License--Public-Works Non -management Maintenance, Mechanic and Traffic/Lighting Personnel...................................................................:................................ 43 17.22 Bilingual Pay - Public Works Non -management Maintenance, Mechanic and Traffic/Lighting Personnel .................. 17.23; 17.24 Reserved..................................................................................................:................. 43 17.25 Working Out -of -Class Pay --Confidential Employees and Employees Represented by Campbell Municipal Employees Association.........................................:............................. 44 IN 17.26 Bilingual Pay for Employees Represented by Campbell Municipal Employees Association 44 17.27 Catastrophic Illness/Emergency Transfer of Sick Leave or Vacation - Confidential Employees, Employees Represented by Campbell Municipal Employees Association and ManagementEmployees ........................ ......................... :................................... :................. 44 17.28 Meal Allowance - Employees Represented by Campbell Municipal Employees Association 44 SECTION 18.0 TRAINING OF EMPLOYEES... ............... 18.1 Responsibility for Training........................:...:..:..:.............................................I...................... 46 18.2 Credit for Training................................................................................................................... 46 18.3 In -Service Training Incentive Program................................................:.....................:............. 46 PART IV - EMPLOYER -EMPLOYEE RELATIONS ........ ............................................................................ 48 SECTION 19.0 CITY EMPLOYEE ORGANIZATIONS................................................................................. 48 19.1 Employee Rights........................................................... ...... :............................ :......................... 48 19.2 Meetings and Employee .Organization Activities.................................................................... 48 19.3 Use of City Facilities......................................:.......................................................................... 48 19.4 Use of City Equipment ................. ................ 48 19.5. Use of Bulletin Boards ................ ... 48 19.6 Payroll Deductions - Employee Organizations........................................................................ 49 19.7 General. Provision Regarding Americans with Disabilities Act ..... :........................ ................... 49 SECTION 20.0 GRIEVANCE PROCEDURES............................................................................................. 50 20.1 Purpose of Rules.................................................................:.......:.......:................................... 50 20.2 Definition, Scope and Right to File., ............................................. ........................................... 50 20.3 Grievance Steps.....:........................:............:...................................:...................................... 50 20.4 General Conditions for All Grievances..................................................................................... 52 SECTION21.0 RULES OF APPEAL TO CITY COUNCIL - DISMISSALS........................................................53 21.1 Right of Appeal........................................................................................................................ 53 21.2 Method of Appeal ........................................ ...................................................................... ........ 53 21.3 Notice...............................................:......................................................................................53 21.4 Investigation..............................................:..............:....:...:.......:......:....................................... 53 21.5 Hearings........................:................:........................:.............................:........:........................ 53 21.6 Findings and Recommendations...............:........................................................:..................... 53 PARTV - MISCELLANEOUS.......................................................:.....:....................:............................54 SECTION 22.0 EMERGENCY PREPAREDNESS........................................................................................54 22.1 Emergency Preparedness....................................................................................................... 54 SECTION 23.0 COURT APPEARANCES...........................:....................................................................... 54 23.1 Employees - Civil Trials...::........:.............................................................................................. 54 SECTION 24.0 OUTSIDE EMPLOYMENT................................................................................................. 54 24.1 Outside Employment -.Non-management Personnel............................................................ 54 24.2 Application for Permit to Engage in'Outside Employment..................................................... 55 24.3 Maximum Hours Permitted in Outside Employment............................................................. 55 24.4 Injuries Resulting from Outside Employment.........................:............................................... 55 24.5 Outside Employment and Sick Leave...................................................................................... 55 24.6 Outside Employment --Management Personnel..................................................................... 55 SECTION 25.0 REIMBURSEMENT FOR DAMAGE TO CLOTHING AND PERSONAL EFFECTS .................... 57 25.1 Reimbursement Policy.............................:....:.....:......:.........:......:........................:.................. 57 SECTION 26.0 CITY VEHICLES.AND DRIVERS .................. 26.1 Use of City Vehicles and Equipment.............. ......................................................................... 57 26.2 Employee Driving Habits......................................................................................................... 57 26.3 Motor Vehicle License............................................................................................................. 57 26.4 California Vehicle Code Restrictions....................................................................................... 57 26.5 Pool Cars................................................................................................................................. 58 26.6 Use of Personal Vehicle for City Business............................................................................... 58 26.7 City Vehicles and Employees on Standby Basis...................................................................... 58 26.8 Procedure for Accidents......................................................................................................... 58 26.9 Service of City Vehicles........................................................................................................... 58 26.10 Mileage for Evening Meetings.............................................................................................. 58 26.11 Mileage for Out -of -Town Meetings...................................................................................... 58 26.12 Mileage for Employee's Car on City Business....................................................................... 59 26.13 Seat Belts.............................................................................................................................. 59 ADDENDUM"A .. .............................................................................................................................60 I. FLOATING HOLIDAY ENTITLEMENT BY REPRESENTATIVE EMPLOYEE GROUP ................................... 60 Campbell Municipal Employees Association................................................................................... 60 Campbell Police Civilian Employees Association............................................................................. 60 Northern California Carpenters Regional Council ...............................Error! Bookmark not defined. ManagementEmployees................................................................................................................. 60 ConfidentialEmployees................................................................................................................... 60 II. FLOATING HOLIDAY USAGE RULES AND EXCEPTIONS....................................................................... 60 v PART I — DEFINITIONS SECTION 1.0 DEFINITION OF TERMS The following terms, whenever used in these rules, shall be defined, as follows: - Allocation: The assignment of a single position to its proper class in accordance with .the duties performed and the authority and responsibilities exercised. Anniversary Date: (See Review Date) . Appointing Power: The City Manager and/or Department Head who has the authority to make appointment to the position to be filled. Class: All positions sufficiently. similar in duties, authority. and responsibility to permit grouping under, a common title, and the application with, equity of common standards of selection, transfer, promotion, and salary. Classified Non -Management Service: All positions of employment within the service of the City except . positions filled by management employees. (See definition of "Management Employee" in the City's Employer - Employee Relations Resolution No. 6647.) Classified Management: Those positions filled by management employees, except those classifications defined as "Unclassified Management" in this Section. Demotion: The movement of an employee from one.class to another class having a lower maximum rate of pay. Eligible: A person whose name is on an employment list. Employee Organization: Means an organization recognized in accordance with Section 9 of the City's Employer -Employee Relations Resolution.No. 6647. Employment List: Open Employment List: A list of names of persons who have taken an open competitive examination for a position in the Classified service and have qualified. Promotional Employment List: A list of names of persons who have taken a promotional examination for a position in the Classified service and have qualified. Examination: Open Competitive Examination: An examination for a particular class which is open to all . persons meeting the requirements for the position. Promotional Examination: An examination for a particular class, admission to the examination being limited to permanent and probationary employees in the Classified service who meet the requirements for the position. i PART I - DEFINITIONS (cont.) . Continuous Examination: An open competitive examination administered periodically resulting in the placement of names, in order of final scores, on an employment. list for a period of one year.- Iniurb Leave: Necessary leave arising out of and in .the course of employment as defined by Workers' Compensation laws, State of California Labor Code. In -Service Training: Any: class, seminar, workshop, training course or conference participated in by an employee while working for the City. Interested Party: Any individual or agency affected by these rules and regulations. Majority Representative: Means an employee organization, or its duly authorized representative, that has been granted formal recognition by the Municipal Employee Relations Officer as representing the majority of employees in an appropriate unit (see Employer -Employee Relations Resolution No. 6647). Management Personnel: Management employees as defined in the City's .Employer -Employee Relations: Resolution No. 6647. Merit Salary increases: Advancement through the steps of a salary range, based on satisfactory. job performance, at specified time intervals. Municipal Employee Relations Officer: The City Manager or his duly authorized representative. Normal Workweek: A normal workweek is defined as five working daysunless modified by the Department Head with the approva] of the City Manager. Permanent Employee: An employee who has successfully completed his/her probationary period and has been retained as hereinafter provided in these rules. Permanent Part-time Employee: An employee appointed on a part-time basis to an authorized position with partial benefits. Personal Effects: Those items worn or carried by the employee in the line of duty. Personnel Officer: -Shall be the City Manager or his delegated. representative. Pool Cars: City vehicles designated for use by employees on a "sign -out" basis. Not applicable to vehicles permanently assigned to specified Management or standby personnel. Probationary Period: A working test period during which an employee is required to demonstrate fitness for the assigned position by actual performance of the duties of the position. Promotion: The movement of an employee from one class to another class having a higher maximum pay rate. 2 PART I — DEFINITIONS (cont.) Provisional Appointment: An appointment of a. person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligibles and until an eligibility list can be established within the following six month period. Reclassification: Allocation by the Personnel Officer of an individual position to another more appropriate classification, whether new or already created. Reinstatement: The reemployment without examination of a former permanent or probationary employee. Review Date: A date set following a beginning level or promotional appointment, on -which an employee is due for a performance evaluation, or is eligible for status change; or should be considered for a merit increase. A date sometimes referred to as an "anniversary date." Suspension: The temporary separation from the service, without 'pay, of an employee for disciplinary purposes. Temporary Employee: An. employee appointed. on an "as needed" basis for work which is anticipated to be of a temporary or intermittent nature either on a full-time or part-time basis. Such appointments are.based, on an hourly rate of pay and do not include benefits except as prescribed by law.. Total Compensation: The total remuneration, including salary, applicable economic employee benefits, and working conditions received by the employee from the City. Transfer: A change of an employee from one position to another in the same class or in a comparable class. Unclassified Management: The following Management classes are defined as "Unclassified Management" positions: City Manager, Public Works Director, Police Chief,Community Development Director, Finance Director, Recreation and Community Services Director, and Administrative Services Director. .3 PART II - EMPLOYMENT SECTION 2.0 GENERAL PROVISIONS 2.1 Fair Employment No question in any test, application form, or in any other personnel proceeding by any appointing. authority shall be so framed as to attempt to elicit information concerning race, religious creed, color, national origin, ancestry, mental or physical disability, medical condition, marital status, sex, age, or sexual orientation unless required for compliance with any federal or state law or regulation regarding equal opportunity in employment. No appointment to or removal from a position in the competitive service shall be affected or influenced in any manner by any consideration of race, religious creed, color, national origin, ancestry, mental or physical disability, medical condition, marital status, sex; age, or sexual orientation unless such physical or mental disability precludes the performance of an essential job function. 2.2 Violation of Rules Violation of the provisions of these rules shall be grounds for rejection, suspension, demotion or dismissal.. 2.3 Amendment and Revision of Rules Amendments and revisions may be suggested to the City Council by any interested party and shall be submitted to the City Council through the City Manager's Office. Proposed amendments or revisions to these rules shall be publicly posted for at least five consecutive days prior to consideration by the City Council. At the time of consideration, any interested person may appear and be heard. Amendments and revisions -shall become effective upon adoption -by the City Council. 4 SECTION 3.0 CLASSIFICATION PLAN 3.1 Preparation of Plan The Personnel Officer, or a person or agency employed for that purpose, shall ascertain and record the duties and responsibilities of all classified and unclassified positions and, after consulting with appointing authorities and heads of departments affected, shall recommend a classification plan for such positions. The classification plan shall consist of classes of positions defined by class specifications including the title. The classification plan shall be so developed and maintained that all positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class, and that the same schedules of compensation may be made to apply with equity under like working conditions to all positions in the same class. 3.2 Adoption and Revision of Plan The classification plan shall be adopted and may be amended from time to time by resolution of the City Council. At the time of consideration, any interested party may appear and be heard. Amendments and revisions of the plan may be suggested to the City Council by any interested party and shall be submitted to the City Council through the City Manager's Office. Notice of City Council consideration of the proposed classification plan, amendments or revisions shall be publicly posted at least five days prior to City Council Action. 3.3 Allocation of Positions Following the adoption of the classification plan, the Personnel Officer shall allocate every position in the management and non -management service to one of the classes established by the plan. 3.4 New Positions When a new position is created, before it may be filled, the appointing authority shall notify the Personnel Officer and, except as otherwise provided by ordinance or these rules, no person shall be appointed or employed to fill any such position until the classification plan shall have been amended to provide therefore and an appropriate employment list established for such position. 3.5 Reclassification Positions, the duties of which have changed materially so as to necessitate reclassification, shall be allocated by the Personnel Officer to a more appropriate class, whether new or already created. Reclassifications shall not be used for the purpose of avoiding restrictions concerning demotions and promotions. SECTION 4.0 COMPENSATION 4.1 Preparation of Plan The Personnel Officer or the person or agency employed for that purpose shall prepare a compensation plan covering all classifications. 4.2 Classified Non -Management The basic criteria and survey techniques used in determining the recommended total compensation plan for the meeting and conferring sessions -with employee representatives of classified non -management personnel shall be guided by the following policies: A. To observe the principle of equal pay for equal work, through the grouping of positions, involving substantially similar duties into classes and then setting salary ranges for these classes in proper relationship to.each other. B. To provide pay range differentials that recognize differences among classes with regard to skill, difficulty, responsibility and exercise of supervisory and administrative responsibilities. C. To recognize compensation levels and _trends in comparable governmental jurisdictions in order to keep compensation generally in line and competitive with compensation in . those jurisdictions. The geographic area from which comparable governmental jurisdictions will be selected are the Counties of Santa Clara, San Mateo and Alameda. Among the criteria to be considered in selecting comparable governmental jurisdictions will be: population, number of employees, tax base, and common service areas. Should the City propose any change to either the benchmark positions or jurisdictions utilized in the compensation .survey, the affected employee organization will be notified and allowed to review and discuss the proposed change prior to the preparation of the compensation data. D. To provide sufficient flexibility in both compensation policy and administration to meet the needs of those in City service. E. To encourage new and imaginative approaches and solutions to compensation problems. F. To adopt a classification and compensation plan which represents a reasonable expenditure to the. City taxpayer and is .consistent with the City's ability to pay for said plan on both a short and long term basis. 4.3 Management Recognizing that effective operation of local government requires the attraction and retention of qualified management personnel, the basic criteria used in.determining the recommended compensation plan for management personnel shall be guided by the following policies: 6 4.3 Management (continued) A. To provide a compensation plan for management personnel which will enable the City to recruit, promote, train and retain qualified and competent personnel at each level of management. B. To recognize the City's requirements and expectations from management personnel which may require elements of a compensation plan which shall be applicable only to management personnel. C. To establish salary ranges for management personnel which are based on the following factors: 1. Salary relationship to top subordinate - A department head should be in a salary range which is a minimum of 10 percent above the top step of the range of his highest salaried .assistant or division head. An assistant or division head should be in a salary range which is a minimum of 7-1/2 percent above the top step of any of the management or non -management personnel under his or her direct supervision. 2. Degree of risk -taking and impact on City if error in judgment is made. 3. Compensation of subordinate personnel. 4. Years of service - Management personnel with years of service to the City should deserve consideration for this additional experience. 5. Education and experience requirements. 6. Number of employees/responsibility. 7. Extra duties and assignments delegated by City Manager. 8. Performance. D. To establish a compensation plan which is competitive with comparable management positions in cities of comparable size and operations. 4.4 Adoption of Plans The non -management compensation plan shall be adopted and may be amended from time to time as Memorandums of Understanding are mutually agreed to by the City Council and employee organizations or other second parties, as permitted by State legislation. Management compensation plans shall be adopted from time to time upon recommendation of the City Manager. Amendments and revisions to the plans may be suggested to the City Council by any interested party and shall be submitted to the City Council through the City Manager's Office. Notice of City Council consideration of the proposed amendments or revisions to the compensation plan shall be publicly noticed at least five days prior to City Council action. Revisions or amendments involving replacements or promotions within the current plan shall be noticed as an item on the City Council agenda. SECTION 5.0 RECRUITMENT 5.1 Announcement All examinations for positions in the classified non -management and management service shall be publicized by posting announcements in the City Hall on official bulletin boards and by such other methods as the Personnel Officer deems advisable. Special recruitment shall be conducted, if necessary, to insure that all segments of the community are aware of forthcoming examinations. The announcement shall specify the title ,and pay of the position for which the examination is announced; the nature of the work to be performed; typical duties; qualification requirements for the position; the manner of making application and any other pertinent information. 5.2 Request for Application Forms Applications will not be given out.to people inquiring about City positions unless there is an opening. Names and addresses of people inquiring about openings with the City shall be placed on an employment mailing list and retained for a period not to exceed six months. Such applicants shall be notified by mail of any applicable.vacancies occurring during that period. 5.3 Application Forms - Following an Announcement Application shall be made as -prescribed on the examination announcement. Application forms shall require information covering training, experience and other pertinent details, and may also require that birth certificates, high school diplomas, college transcripts and certificates of one or more examining physicians, and/or.references be attached. All applications must be signed by the person applying. 5.4 Disqualification The Personnel Officer shall reject any application which -indicates on its face that the applicant does not possess the minimum qualifications required for the position. Applications shall be rejected if the applicant is physically unfit for the performance of duties of the position; is addicted to the habitual excessive use of drugs or intoxicating liquor; has been convicted of a crime involving moral turpitude; has made any false statement of any material fact, or practiced any deception or fraud in his application. Whenever an application is rejected,"notice of such rejection with statement of reason shall be mailed to the applicant by the Personnel Officer. Defective applications. may be returned to the applicant with notice to amend the same, providing the time limit for receiving applications has not expired. 5.5 Disqualification — Nepotism It is the policy of the City of Campbell to remain free from nepotism,and, therefore, the following rules have been established for City employment: A.. Members of the immediate family of City Councilmembers may not be employed by the City during the Councilmember's term of office. B. Members of an immediate family may not be employed simultaneously by the City in positions where family influence and/or relationship might affect supervision, safety, security, or morale in a manner detrimental to the conduct of City business, or where such relationships may result in conflicts of interest. 5.5 Disqualification -Nepotism (continued) C. Should an "immediate family" situation arise during employment, and should such relationship give rise to violation of subsection A or B, management will make every effort to transfer one of the members of the immediate family to a position where these provisions would not be violated. If such a transfer is not possible or practical, a choice will be given to the persons involved as to which will leave City employment. If such a choice is not made within 30 days of the creation of the conflict, the City Manager shall, in his or her sole discretion, terminate the employment of one member of the family. D. "Immediate family" is defined as spouse, father, mother, brother, sister, son or daughter, grandmother or grandfather, grandson or granddaughter. 9 SECTION 6.0 EXAMINATIONS 6.1 Nature and Types of Examinations The selection techniques used in the examination process shall be impartial, of a practical nature and shall relate to those subjects which, in the opinion of the Personnel Officer, fairly measure the relative capacities of the persons examined to execute the duties: and. responsibilities of the position to which they seek to be appointed. Examinations shall consist of selection techniques which will test fairly the qualifications of candidates such as, but not necessarily limited to, written tests, personal interviews, performance tests, physical agility tests, evaluation of .daily work performance, work samples, medical examinations, or.any combination of these or other tests. The probationary period shall be considered as an extension of the examination process. Examinations shall be -designed to provide equal opportunity to -all candidates by being based on. an analysis of the essential requirements. of the classification, covering only factors related to such requirements. 6.2 Promotional Examinations Promotional examinations may be conducted whenever; in the opinion of the Personnel Officer after consultation with the respective department head, the needs of the service require. Promotional examinations may include any of the selection techniques mentioned in 6.1, or any combination of them. Only permanent or probationary employees who meet the requirements set forth in the promotional examination announcement may compete in such an examination. 6.3 Continuous Examinations Open competitive examinations may be administered periodically for a single class as the needs of the service require. Names shall be placed on employment lists, and shall remain on such lists as prescribed in Section 7.0. 6.4 Conduct of Examination The City Council may contract with any competent agency or individual for the preparing and/or administering of examinations. In the absence of such a contract, the Personnel Officer shall see that such duties are performed. The Personnel Officer shall arrange for the use of public buildings and equipment for the conduct of examinations. 6.5 Scoring Examinations and Qualifying Scores A candidate's score in a given examination shall be based on his/her scores in each competitive part of the examination, weighted as shown in the examination announcement. Failure in one part of the examination may be grounds for declaring such applicants as'failing in the entire examination or as disqualified for subsequent parts of an examination. The Personnel Officer may, at his discretion, include as a part of the examination tests which are qualifying only. 6.6 Notification of Examination Results Candidates in an examination shall be given written notice of the results thereof and, if successful, of their final score on the examination. 6.7 Cooperative Testing The Personnel Officer may cooperate with other governmental agencies charged with personnel administration in conducting joint recruitment and testing for the establishment of common eligibility lists. M SECTION 7.0 EMPLOYMENT LISTS 7.1 Employment Lists As soon as possible after the completion of an examination, the Personnel Officer shall prepare and keep available an employment list consisting of the names of candidates who qualified in the examination arranged in order of final scores from the highest to the lowest qualifying score. 7.2 Duration of Lists Employment lists shall remain in effect for one year unless sooner exhausted or abolished by the Personnel Officer, and may be extended for additional periods prior to their expiration date by action of the Personnel officer. In no event shall an employment list remain in effect for more than two years. Open competitive lists created as the result of continuous examinations shall remain in effect for one year after the last administration of such examination unless sooner exhausted. Names placed on such lists shall be merged with any others already on the list in order of final scores and shall remain on the list for one year. Whenever there are fewer than three names on a promotional or open competitive list, the appointing authority may make an appointment from among such eligibles or may request the Personnel Officer to establish a new list. When so requested, the Personnel Officer shall hold a new examination and establish a new employment list. 7.3 Removal of Names from Lists The name of any person appearing on an employment, reemployment or promotional list shall be removed by the Personnel Officer if the eligible requests in writing that his name be removed; if the person fails to respond to a notice of certification mailed to his/her last known address; if the person has been certified for appointment three times and has not been appointed; or for any of the reasons specified in 5.4 of these rules. The person affected shall be notified of the removal of his name by a notice mailed to his last known address. The names of persons on promotional employment lists who resign from City service shall automatically be dropped from such lists. SECTION 8.0 METHOD OF FILLING VACANCIES 8.1 Types of Appointments All vacancies shall be filled by transfer, demotion, reemployment, reinstatement, or from eligibles certified by the Personnel Officer from an appropriate employment list, if available. In the absence of such eligible persons, provisional appointments may be made in accordance with the Personnel Ordinance and these rules. Appointments to positions in the City service fall into the following categories: A. Permanent Full -Time: Appointment on a full-time basis to an authorized position. B. Permanent Part -Time: Appointment on a part-time basis to an authorized position with partial benefits. C. Temporary: Appointment on an "as needed" basis for work which is anticipated to be of a temporary or intermittent nature, either on a full-time or part-time basis. Such appointments are based on an hourly rate of pay and do not include benefits except as prescribed by law. The status of those employees in this employment class shall be reviewed after six months to determine whether or not continuation of employment is necessary. No special credit or consideration for service shall be given to a temporary appointee in qualifying for a permanent appointment. D. Provisional: In the absence of appropriate employment lists, a provisional appointment may be made by the appointing authority of a person meeting the minimum training and experience qualifications for the position. An employment list shall be established within six months for any permanent position filled by provisional appointment. The City Manager, with the approval of the City Council, may extend the period for any such appointment for not more than 30 days by any one action. No special credit or consideration for service shall be given to a provisional appointee in qualifying for a permanent appointment. . E. Limited Term: Limited term positions may be used to staff specific projects of functions for which funding is limited or uncertain. Limited term appointments enable the City to efficiently and fairly staff certain positions. Limited term employees will receive staff benefits and will be advised of the length of employment prior to accepting an offer. Furthermore, such appointments are "at -will" and end when funds are no longer available, or when the project workload is complete. 8.2 Notice to Personnel Officer Whenever a vacancy in the competitive service is to be filled, the appointing power shall notify the Personnel Officer. 8.3 Certification of Eligibles The Personnel Officer shall provide the names of persons eligible for appointment in the following order: Requests for transfer or demotion. Names on reemployment list (see 13.3G). Names on promotional list. Requests for reinstatement (see 12.5). Names on open competitive list. 12 Section 8.0 - Method of Filling Vacancies (continued) 8.4 Order of Employment The appointing power may fill a .vacancy by transfer or demotion. If not filled by transfer or demotion, an appointment would be made to the person at the top of the reemployment list if one exists. If not filled as noted above, the vacancy may be filled from the promotional list. If the vacancy is not filled by transfer, demotion, reemployment or from a promotional list, the appointing power may fill the vacancy from the reinstatement or open competitive list provided that, if three or more names exist on the promotional list, the appointment shall be made from such list. 8.5 Appointment After interview and investigation, the appointing power shall make appointments from among those certified and shall immediately notify the Personnel Officer of the persons appointed. The person accepting the appointment shall present himself to the Personnel Officer or a designated representative for processing on the date of appointment or at a later date as arranged. If the applicant accepts the appointment and presents himself for duty at such time as the appointing authority shall prescribe, he shall be deemed to be appointed; otherwise, he shall be deemed to have declined the appointment. 13 SECTION 9.0 PROBATIONARY PERIOD 9.1 Objective of Probationary Period The probationary period shall be considered a part of the testing process for appointments to permanent full and part-time positions, and shall be utilized for closely observing the employee's work and for securing the most effective adjustment of a new employee in the new position. If a probationary employee is off work, for any reason, for more than 4 consecutive weeks, the employee's probationary period will be extended accordingly. 9.2 Probationary Period--Non-management Positions All original appointments shall be tentative and subject to a probationary period. The following non- management classifications shall serve probationary period as outlined below: Employees represented by CMEA shall serve a probationary period of not less than six months of service. Employees represented by CARP shall serve a probationary period of not less than twelve months of Service. Police Officer Trainee Appointments — upon date of hire and 18 months following the date of swearing in as a Police Officer Police Officer Lateral Appointments —18 months from the date of hire Police Promotional Appointments —12 months from the date of promotion Police Records Specialists, Public Safety Dispatchers, Police Records Supervisor, and Communications Supervisor shall serve a probationary period of one year. All promotional appointments shall be tentative, and subject to a probationary period of not less than six months of service. The appointing power may establish a longer probationary period for original and promotional appointments for specific classes. The Personnel Officer and the probationer shall be notified two weeks prior to the termination of any probationary period as to whether or not the services of the probationary employee have been satisfactory. If satisfactory, the employee shall receive a permanent appointment and if unsatisfactory, the employee shall be rejected unless an extension of the probationary period (9.4) is requested. 9.3 Probationary Period - Classified and Unclassified Management Positions All original and promotional appointments shall be tentative and subject to a probationary period of not less than one year. The appointing power may establish a longer probationary period for original and promotional appointments for specific classes. The Personnel Officer and the probationer shall be notified two weeks prior to the termination of any probationary period as to whether or not the services of the probationary employee have been satisfactory. If satisfactory, the employee shall receive a permanent appointment and if unsatisfactory, the employee shall be rejected unless an extension of the probationary period (9.4) is requested. 9.4 Extension of Probationary Period The Personnel Officer may grant an extension of the probationary period, if the probationary employee has been absent from his/her job for a consecutive period of four weeks or more. If extended, the probationary period will be extended an amount of time equal to the length of absence. 14 Section 9.0 — Probationary Period (continued) 9.5 Rejection of Probationer During the probationary period of an original appointment, an employee may be rejected at any time by the appointing power without cause and without the right of appeal or to file a grievance. Notification of rejection in writing shall be served on the probationer and a copy filed with the Personnel Officer. 9.6 Rejection Following Promotion Any employee rejected during the probationary period following a promotional appointment, or at the conclusion of the probationary period, by reason of failure of the appointing power to file a statement that his/her services have been satisfactory, shall be reinstated to the position from which he/she was promoted unless charges are filed and he/she is discharged in the manner provided in the Personnel Ordinance and these rules. (For employees represented by CPCEA and CPOA, see the SEW 1996 MOU and the CPOA 1997 MOU for a different provision on this subject.) 15 SECTION 10.0 PERFORMANCE EVALUATIONS 10.1 Evaluation of Employee Performance It is the responsibility of department heads and/or supervisors to prepare periodic evaluations of performance results to measure and record the employee's actual performance. Strengths and weaknesses will be documented and recommended courses of corrective action outlined for correction and improvement. Such service rating plans shall measure, as objectively as possible, both quantity and quality of work, the manner in which the service is rendered, and the observance of regulations and procedures properly governing the performance of duties. A. Performance ratings shall accompany all requests for merit increases. Employees at the "E" step shall have their performance evaluated annually, with the exception of those departments that require regular performance rating throughout the year. B. Performance evaluations shall be based upon forms prescribed by the Personnel Officer. Service ratings shall be based upon the independent judgment of one or more supervisory personnel, including the immediate supervisor of the employee being rated. The completed performance report shall be presented to the employee for review and signature, and then forwarded to the Personnel Officer for review and any appropriate action. C. Employees shall have the right to appeal a performance evaluation when they believe the performance ratings received are unfair. Appeals will be processed through the grievance procedure provided for in Section 20.0 of these rules. D. Performance ratings shall be taken into consideration for purposes of rejection, discharge, demotion, promotion, transfer, permanent status, and merit increases. 16 SECTION 11.0 PAYDAY AND PAY ADJUSTMENTS 11.1 Payday Pay periods will be on a biweekly basis ending at midnight on Sunday. Payday will fall on a Thursday in the second week following the end of each pay period. If payday falls on a holiday, employees will be paid on the last working day preceding the regular payday. The Finance Director shall prepare, or cause to be prepared, a biweekly salary roll. The City Council shall audit said payroll at its first regular meeting following the preparation of the salary roll and shall require adjustments in the event of errors appearing in said payroll.. 11.2 Application of Rates Employees occupying a position in the City service shall be paid a salary or wage established for that position's class under the pay plan. The minimum rate, if provided, for the class generally shall apply to employees upon original employment. However, the City Manager may, when circumstances warrant it, authorize original appointment or reinstatement at other than the minimum rate. 11.3 Merit Salary Increases Merit salary increases provide for advancement through the steps of a salary range, based on satisfactory job performance, at specified time intervals. Such increases shall not be automatic, but shall depend upon increased service value of an employee to the City as exemplified by recommendations of his supervising official, length of service, performance record, special training undertaken, or other pertinent evidence, within the advancement policy established by the pay plan. Employees hired or placed at the "A" step following transfer, promotion, demotion, reclassification or for any other reason shall be eligible for a merit salary increase on qualifying for permanent status or after six months of satisfactory service, whichever comes first. Employees hired or placed above the "A" step shall not be eligible for a merit salary increase until one year from such initial action whether by hire, transfer, promotion, demotion, reclassification or other reason. 11.4 Anniversary Date The anniversary date of each employee shall be as follows: A. Miscellaneous and safety employees hired at "A" step: The date employee completes six months of satisfactory service and becomes eligible for first merit salary increase. B. Miscellaneous and safety employees hired above "A" step: The date employee completes one year of satisfactory service and becomes eligible for first merit salary increase. 11.5 Salary Change Effective Date For purposes of compensation during any period in which a biweekly payroll system is in effect in the City of Campbell, all merit salary increases will be effective on the first day of the pay period following employee's anniversary date. 17 11.6 Beginning and Terminating Pay Computations Computing the paycheck of an employee commencing or terminating service with the City: A. Employees beginning service on the first working day of a pay period (i.e. Monday, or Tuesday if Monday is a holiday) shall be. deemed to have worked the entire pay period. A holiday shall be deemed to have been a day worked. B. Employees terminating service after having worked all regular working days in a pay period shall be deemed to have worked the entire pay period; holidays deemed to have been days worked. C. Employees beginning or terminating service on other than the first or last working day of a pay period shall have salary and fringe benefits computed on an hourly basis. Holidays shall be deemed to have been days worked., The hourly rate shall be computed by dividing the annual salary by 2080 hours for those employees working a 40-hour workweek. 18 SECTION 12.0 TRANSFER, PROMOTION, DEMOTION, SUSPENSION AND REINSTATEMENT 12.1 Transfer No person shall be transferred to a position for which he/she does not possess the minimum qualifications. Upon approval by the Personnel Officer, an employee may be transferred by the appointing power at any time from one position to another in a comparable class. For transfer purposes, a comparable class is one with the same maximum salary, involving the performance of similar duties and requiring substantially the same basic qualifications. If the transfer involves a change from one department to another, both department heads must consent thereto unless the City Manager orders the tra.nsfer for purposes of economy or efficiency. Transfer shall not be used to effectuate a promotion, demotion, advancement, or reduction, each of which may be accomplished only as provided in the Personnel Ordinance, pay plan or by these rules. 12.2 Promotion Insofar as consistent with paragraphs 8.3 and 8.4, all vacancies may be filled by promotion from within after a promotional examination has been given and a promotional list established. If, in the opinion of the Personnel Officer, after consultation with the respective department head, a vacancy could be filled better by an open competitive examination instead of a promotional examination, then the Personnel Officer shall arrange for an open competitive examination and for the preparation and certification of the appropriate employment list. 12.3 Demotion The appointing power may demote an employee whose ability to perform his/her required duties falls below standard, or for disciplinary purposes. Upon request of the employee, and with the consent of the appointing power, demotion may be made to a vacant position. No employee shall be demoted to a position for which he/she does not possess the minimum qualifications. Demotions shall be made in conformance with paragraph 12.6. 12.4 Suspension The appointing power may, after review with the Personnel Officer, suspend an employee from his position at any time for a disciplinary purpose. Suspension without pay shall not exceed 30 calendar days, nor shall any employee be penalized by suspension for more than 30 calendar days in any fiscal year. Department heads may suspend a subordinate employee for not more than three working days at any one time, and not more than once in a 30 calendar day period. The City Manager may suspend an employee for up to 30 calendar days in any fiscal year. Suspensions shall be made in conformance with paragraph 12.6 below. 12.5 Reinstatement With the approval of the appointing power and the Personnel Officer, a permanent or probationary employee who has resigned with a good record may be reinstated within one year of the effective date of resignation to a vacant position in the same or comparable class. Upon reinstatement, former service credit with the City shall be restored for the purpose of determining appropriate vacation accrual rate, number of vacation hours retainable, compensation percentage for unused sick leave pay -out at termination and seniority order for reduction in force provisions. Sick leave balance will not be restored and for all other purposes the employee shall be considered as though he/she had received an original appointment. 19 12.6 Pre -Disciplinary Hearing Procedures Prior to taking disciplinary action against a permanent employee, the appointing authority will: A. Serve the employee with a notice of the proposed action and the reasons for it. B. Provide a copy of the charges and materials upon which the action is based to the employee. A copy of items covered in 12.6 "A" and "B" will be immediately forwarded to the Personnel Officer. The employee has the right to respond verbally or in writing to the appointing authority initially imposing the discipline prior to the disciplinary action being taken. In order to exercise this right, the employee must respond within three working days of the date of being informed of the proposed action. The employee may appeal a final decision of the appointing authority if provided for in the Personnel Rules and Regulations. For the purposes of paragraph 12.6, "disciplinary action" shall be defined as salary step reduction, suspension, demotion or dismissal. "Appointing authority" shall, for the purposes of this section, be defined as department head for any suspension of three days or less, and as .City Manager for any suspension of more than three days, demotion or dismissal. Disciplinary action may be taken without regard to the provisions of 12.6 under extraordinary or emergency circumstances with the approval of the City Manager. 12.7 Disciplinary Action --Police Officers When disciplinary action is being considered against a Police Officer, those City employees and/or officials investigating or considering such disciplinary action shall be cognizant of and follow provisions of the State Government Code pertaining to the investigation and discipline of Police Officers. 12.8 Just Cause For Discipline The following list of causes are provided as a guideline for supervisors, department heads,and employees as to what may constitute the proper basis for disciplinary action. Just cause for discipline may include but not be limited to the following: A. Absence from duty without approval including: abandonment of position; abuse of sick leave; neglect of duty; failure to keep required work hours. B. Failure to adhere to or comply with approved operational or safety guidelines including: unauthorized use of time, equipment or material; unauthorized use of City property, funds, and records. C. Being under the influence of any illegal drug, narcotic or alcoholic beverage during working hours. D. Acts which in the -determination of the City Manager reflect negatively on the operation of the City including: dishonesty; insubordination; fraud, misrepresentation, false information in securing appointment or promotion; any form of intentional harassment. E. Intentional abusive treatment of a citizen, supervisor, or fellow employee. F. Conviction of a serious criminal offense, which in the determination of the City Manager 20 SECTION 13.0 SEPARATION FROM THE SERVICE 13.1 Discharge An employee may be discharged at any time by the appointing power for good and sufficient cause. The proposed discharge will be reviewed with the Personnel Officer prior to implementation. Discharges shall be made in conformance with paragraph 12.6. 13.2 Discharge --Unclassified Management Personnel An employee in the unclassified management service may be discharged at any time by the City Manager. In lieu of discharge, the unclassified management employee may be permitted by the City Manager to resign. Prior to the effective resignation date, the City Manager may assign the unclassified manager duties other than -his/her normal duties for a period of time not to exceed three months. The decision of the City Manager shall be final with no right of appeal. 13.3 Reduction in Force A. Purpose: To establish layoff procedures to be implemented when the City determines that a reduction in force is to be accomplished in City departments, because of a change in duties or organization, abolition of position(s), shortage of work or funds, or the completion of work. B. Order of Layoff: When one or more employees in the same classification in a City department are to be laid off, the order of layoff shall be as follows: 1. Provisional workers in inverse order of seniority. 2. Probationary workers in inverse order of seniority. 3. Permanent workers in inverse order of seniority. Should two or more employees in the same classification, with the same status (1, 2, or 3 above) have equal seniority, the order of layoff shall be determined by superiority .in performance as documented on the employee's performance evaluation(s). If there are no performance evaluations, or such evaluations are essentially equal, the order of layoff shall be in inverse order of ranking on the eligibility list. C. Seniority Defined: Length of paid employment with the City of Campbell in a regular classification(s) in position(s) with permanent status. Seniority shall be retained but not accrued during any period of leave without pay. Time served as a probationary employee in a regular classification(s) in permanent position(s) shall be included in determining seniority. Time spent serving in an acting capacity in a higher classification, following a formal appointment approved by the City Manager's Office, shall be counted when determining seniority should the employee later be permanently appointed to that higher classification. To count as time "in class," the acting appointment must have been on a full-time, continual basis for a minimum of three (3) months, and must have had a salary differential paid for the term of the assignment. 22 13.3 Reduction in Force (continued) D. Notification: Employees to be laid off shall be given written notification of such action (including a copy of this section of the Personnel Rules and Regulations). Whenever possible, such notification shall be given a minimum of twenty (20) working days prior to the effective date of the layoff. Upon request, an employee so notified shall have the opportunity to meet with City representatives to discuss the circumstances requiring the layoff. E. Reassignment in Lieu. of Layoff: Within five (5) working days of notification of layoff, employees who wish to be reassigned in lieu of layoff will notify the City of their intention to exercise one of the following options: 1. Vacancies: An employee shall be allowed to transfer to a vacant position either in the same classification, or in a lateral or lower classification in which the employee has held permanent status in the same or a different department. The requirement that the employee(s) have held permanent status in that classification may be waived if the appointing power certifies that the employee has the necessary education, experience and training for that position. 2. Displacement: An employee shall be allowed to return to (a) a lateral or lower classification in his/her.current department providing the employee previously held permanent status in that classification, or (b) a lateral or lower classification in another department in which the employee previously held, permanent status, providing that the employee served no less than six (6) months in that department. In both (a) and (b), the employee must have more seniority (in that and higher classification(s)) than the least senior employee in that classification in the department in question. The employee shall only have the right to displace if there are no vacancies that the employee is qualified .to fill at the same or a higher level than the highest level which that employee is qualified to fill through displacement. Such reassignments are only permissible if the employee is fully qualified, trained and capable of performing all work in the new position/classification as determined by the appointing power. If the appointing power determines that the employee is not fully qualified, trained and capable of performing all the work in the new position/classification, the reasons for such a determination shall be provided in writing to the employee, who shall be given the opportunity to respond to these reasons. F. Exceptions: Notwithstanding the foregoing, if the appointing power determines that the public interest will not be served by application of the preceding criteria, the appointing power may lay off out of seniority order on the basis of a clearly demonstrable superiority in performance and/or qualifications. In such a case, the appointing power shall notify the employee to be laid off, in writing, specifying the basis for such a determination. 23 13.3 Reduction in Force (continued) G. Reemployment: The names of employees laid off in accordance with provisions of this section shall be placed on a reemployment list if their services have been satisfactory. Names shall be placed on a classifications reemployment list in order of seniority. In the event that a person on layoff declines reemployment to a vacant position or cannot be contacted through telephone and certified mail within fifteen (15) working days, such persons' names shall be removed from the reemployment list. A reemployment list will remain in effect for two (2) years unless specifically extended, or sooner exhausted. Upon reinstatement an employee will be eligible for all benefits acquired by the employee prior to the layoff, including prior sick leave accruals (providing the employee did not receive cash payment in lieu of same), vacation accrual rate and seniority. An employee shall not receive credit for time spent on layoff in computing time for any benefit entitlement. H. Appeals: Interpretations of the provisions of this section may be appealed through the grievance procedure in Section 20.0 of the Personnel Rules and Regulations. Such grievances must be filed within five (5) days of notification of the proposed action. For the purpose of appealing interpretations of this section, the steps in the grievance procedure prior to the meeting with the City Manager shall be deleted. The filing of a grievance shall not prevent the City from implementing the layoff pending final resolution of the grievance. The reasons or necessity for the layoff shall not be subject to the grievance procedure or appeal. Assistance to Laid -off Employees: 1. During the notification period, the City will provide a reasonable amount of paid time off --as approved by the Department Head so as not to be disruptive to departmental operations --for the employee to seek other employment. 2. The City's Personnel Services Division will provide in-house assistance in the areas of resume preparation and typing, benefit counseling, and public sector job vacancy information. 13.4 Resignation An employee wishing to leave City service in good standing shall file with the appointing power a written resignation stating the effective date and reasons for leaving at least two weeks before leaving the service, unless such time limit is waived by such official. Failure to give notice as required by this rule may be cause for denying future employment by the City. 13.5 Separation Date Upon termination, the effective separation date shall be the last day on the City payroll. 24 SECTION. 14.0 REPORTS AND RECORDS 14.1 Roster Cards The Personnel Officer shall maintain a service or roster card for each employee in the service of the City showing the name, social security number, birth date, title of position held, the department to which assigned, salary, changes in employment status, and such other information as may be considered pertinent. 14.2 Change of Status Reports Every appointment, transfer, promotion, demotion, change of salary rate, and any other temporary or permanent change in status of employees shall be reported to the Personnel Officer. Copies of such personnel transactions shall be provided for the Human Resources Division, the Finance Department, and the affected department. 14.3 Destruction of Records Roster and payroll records shall be kept permanently. All other records relating to personnel, including correspondence, applications, examinations and reports may be destroyed pursuant to the Government Code of the State of California. Any temporary record may be destroyed at any time with the consent of the City Council and the City Attorney. 25 SECTION 15.0 COOPERATION 15.1 Cooperation of Municipal Officers and Employees Every officer and employee of the City of Campbell shall cooperate with the Personnel Officer in order to completely fulfill the objectives and purposes of the Personnel Ordinance and these rules. 15.2 Applications of Rules These rules shall apply to all departments in the City service. Any department head with the approval of the City Manager may establish special rules of that department to meet the needs of the department or any of its divisions, so long as said rules and regulations are consistent with and do not conflict with the Personnel Rules and Regulations as set forth herein. 15.3 Gifts and Payments No employee shall receive any compensation for any service performed with his/her duties as a City employee from any source other than the City of Campbell. 15.4 Directives Unless just cause can be given, any employee who fails to comply with any reasonable directive by a superior to whom he/she is responsible shall be subject to disciplinary action. 15.5 Financial Affairs Employees shall so arrange their personal financial affairs so that credit and collection agencies will not have to make use of the offices of the City. Failure to conduct private financial affairs in a manner so as not to negatively affect job performance or the operations of the City may be grounds for disciplinary action. 15.6 Notification of Address Employees shall notify the Personnel Officer of any change of address or telephone number within ten days. 15.7 Official Personnel Files The only official personnel files of the City will be those maintained by the Personnel Officer. Any other files shall have no official status. 15.8 Substance Abuse It is the responsibility of all employees to cooperate to protect the lives, personal safety and property of co-workers and fellow citizens. With regard to this responsibility, it is in the best interest of the City, its employees, and the public to insure that employees do not appear for work under the influence of drugs or alcohol, or possess, use, or sell illegal substances or alcohol while at work. Such conduct is prohibited since it is likely to result in reduced productivity, an unsafe working environment, poor morale, increased potential liability to the City and possible criminal charges. "Under the influence of drugs" means the use of any illegal substance or misuse of a prescribed drug in a manner and to a degree that impairs the employee's work performance and/or the ability to use City property or equipment safely. The City encourages and will support employees who seek assistance with substance abuse problems as early as possible by utilizing the employee assistance program provided through the City or a program of their choice. Employees who have been counseled by their supervisor and do not seek assistance or do not correct drug or alcohol problems after participating in an assistance program, may be subject to disciplinary action. Where there is reasonable cause to believe an employee is under the influence of drugs or alcohol and is unable to effectively and safely perform his/her job duties, the City may require a medical examination on City time and at City expense. 26 PART III —TOTAL COMPENSATION SECTION 16.0 ATTENDANCE AND LEAVES 16.1 Purpose of Annual Vacation Leave The purpose of annual vacation leave is to enable each eligible employee to return to his work mentally refreshed. All employees shall be entitled to annual vacation leave with pay except the following: A. Employees who work on a provisional basis, temporary basis, and all.employees who work less than 1040 hours a year. 16.2 Vacation Accrual Rates All employees in miscellaneous, safety and permanent part-time positions shall earn vacation credits as follows: A. Miscellaneous and Safety Employees with a 40-Hour Workweek: Hours Accrued Years of Service (uninterrupted) Per Pay Period Start of year 1 through completion of year 4: 3.38 (11 days) Start of year 5 through completion of year 10: 4.92 (16 days) Start of year 11 through completion of year 15: 5.85 (19 days) Start of year 16 and thereafter 6.46 (21 days) When establishing increased accrual dates, time in the military service shall not be interpreted as an interruption of service with the City. B. Permanent Part-time Employees: Eligible employees in permanent part-time positions which are budgeted on a one-half time basis or greater shall be credited vacation on a prorated basis. 16.3 Use of Vacation In order to be eligible for full annual vacation, each employee shall be required to serve the equivalent of one year of continuous service with the City. After six months of continuous service, however, each employee shall be permitted to take vacation leave not to exceed one-half of the year's allocation. A. Use of Vacation in Lieu of Sick Leave: Accrued vacation leave may be used in lieu of sick leave, when the accrued sick leave of an employee is not enough to provide leave with pay during an illness. Such use of vacation time as sick leave shall be computed on the basis of one sick day leave equaling one working day of vacation. 27 16.4 Vacation Scheduling, Retention of Unused Vacation, and Payout of Vacation Hours The times during a calendar year at which an employee may take his vacation shall be determined by the department head with due regard for the wishes of the employee, and particular regard for the needs of the service. If the requirements of the service are such that an employee cannot take part or all of this annual vacation in a particular calendar year, such vacation either shall be taken during the following calendar year, or paid for at the discretion of the appointing power, subject to the approval of additional funds by the City Manager. In those years where it is impractical for classified non -management personnel to schedule a vacation, the vacation as of December 31st each year may be retained as follows: Accrual Rate Per Pay Period for Employees on a 40-hour Workweek 3.38 hours 4.92 hours 5.85 hours 6.46 hours 16.A CMEA Retention of Unused Vacation: Number of Hours Retainable 192 232 272 304 The number of retainable vacation hours, as currently specified in Section 16.4 (Vacation Scheduling, Retention of Unused Vacation, and Payout Vacation Hours) of the City's Personnel Rules and Regulations, shall be modified as follows for all CMEA employees: Accrual Rate Per Pay Period for Employees on a 40-hour Workweek 3.38 hours 4.92 hours 5.85 hours 6.46 hours Number of Hours Retainable 220 250 300 350 Vacation hours which exceed the number of hours retainable on the last day of the pay period that contains December 31 each year will be paid out during the following February. Management personnel may accumulate and retain their vacation leave to a maximum of 520 hours as of December 31 of each calendar year. This limitation may be temporarily waived by approval of the City Manager when special circumstances exist. Use of continuous vacation leave beyond 240 hours shall require approval of the appointing authority. In the case of employees who work a 40-hour week, when one or more holidays fall within an annual vacation leave such holidays shall not be charged as vacation leave and the vacation leave shall be extended accordingly. 18 16.5 Vacation Pay on Separation Employees who terminate employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination; however, employees retiring from the City under the PERS Retirement Plan shall have the option to use the maximum amount of the employee vacation accrual allowance prior to established retirement date providing this is not in excess of 60 working days; or to take a lump sum payoff. Payroll checks issued to employees using accrued vacation prior to retirement would be subject to normal deductions. A. Vacation Pay on Separation Probationary Period:When an employee separates from service with the City during the first six months of his probationary period of employment, he shall receive vacation pay for the hours of vacation accrued to the time of separation. 16.6 Sick Leave Accrual Rate - 40-Hour Week For all employees who work 40 hours per week, sick leave shall. be accrued at the rate of one workday for each calendar month of service, and shall be accrued at the rate of 3.69 hours per pay period. Unused sick leave shall be accumulated at the rate of 12 days a year, or one workday per month, to an unlimited total. For all employees, upon separation from service with the City, sick leave and fraction accruals shall cease with the last full pay period and shall not be accrued on fractions thereof. Sick Leave Accrual - Permanent Part-time Employees: Permanent part-time employees shall earn sick leave on a prorated basis, based on the earning rate of a full-time employee. - 16.7 Use of Sick Leave Sick leave with pay shall be granted to all probationary, provisional, permanent part-time and regular full-time employees. Sick leave shall not be considered as a right that allows employees its use at their discretion, but shall be allowed only in the case of necessity and actual personal sickness or disability. The department head shall be responsible for determining that only bona fide sick leave is taken. In order to receive compensation while on sick leave, employees shall notify their immediate superior or the Personnel Officer prior to or within 4 hours of the time set to begin the workday or as may be specified by their respective department head. In order to verify the bona fide use of sick leave, an employee may be required to file a physician's certificate or personal affidavit with the department head stating the reasons for the absence. 16.8 Use of Family Sick Leave Family sick leave is provided for use in cases where the employee's presence is required elsewhere because of sickness, disability, or death of a member of his/her immediate family. Such family sick leave is charged against the employee's sick leave account. The immediate family shall consist of the spouse, children, parents, brothers, sisters, or other individuals whose relationship to the employee is that of a dependent or near dependent. In each such case, the appointing power shall grant such sick leave only when, in his/her opinion, the relationship of the sick or disabled person to the employee warrants such use of sick leave. 16.9 Bereavement Leave Bereavement leave with pay shall be granted to all probationary, provisional, permanent, part-time and regular full-time employees. Bereavement, leave will not be charged against the employee's sick leave account. Employees working a 40-hour workweek shall be granted five (5) days (40 hours) for each immediate family occurrence and three (3) days (24 hours) for each other family occurrence. 29 Immediate family shall be defined as spouse, children, parents, brothers and sisters, or other individuals whose relationship to the employee is that of a dependent or near dependent. Other family members shall be defined as the employee's grandparents, step -children, father-in-law and mother-in-law. 16.10 Computing Sick Leave For the purpose of computing and using sick leave, a workday shall be considered as one -fifth of the number of working or duty hours in the established 40-hour workweek for each employee. 16.11 Compensation for Unused Sick Leave Upon termination, retirement, or death of an employee,.the City shall pay for unused sick leave as follows: 5 years completed through 10 years completed service: 20% at terminal pay rate Start of year 11 through completion of year 15: 30% at terminal pay rate Start of year 16 through completion of year 20: 40% at terminal pay rate Start of year 21 and thereafter: 50% at terminal pay rate Once each year, between February 15t and 15tt', employees may request to be compensated for unused Sick Leave, according to the same service length formulas listed above, applied to current hourly salary. Employees must retain a minimum balance of 288 hours of Sick Leave. Any payout of Sick Leave hours above the minimum balance will remove the remaining balance from the employee's Sick Leave accrual account. (Example: Employee has 488 hours of Sick Leave and 16 years of service. Employee could request compensation for 200 hours of Sick Leave and would be paid his/her current hourly rate for 40% of the hours or 70 hours. Once compensated, employee's Sick Leave balance would be 288 hours.) 16.12 Administrative Leave --Management Employees Only The purpose of annual administrative leave is to provide authorized short-term leaves of absence from the job in lieu of the many overtime hours required of management personnel, for which no monetary compensation is provided. All management employees shall be entitled to 60 hours of administrative leave with pay per calendar year. At the beginning of each calendar year, management personnel will be credited with a total of 60 hours of administrative leave, which they would earn in the upcoming calendar year. New management employees will be credited with the appropriate prorated portion of this entitlement upon hire. At the end of the calendar year, management employees, may carry over a maximum of 60 hours of administrative leave. Terminating management employees will be compensated for the balance of their earned administrative leave, after the balance has been reduced by the unearned portion of the calendar yea r. The Classifications listed below who are members of the Executive Team will receive 80 hours of administrative leave pay per calendar year in accordance with the Personnel Rules. Assistant City Manager City Clerk City Manager Community Development Director Deputy City Manager Finance Director Human Resources Manager Information Technology Manager 30 Police Chief Public Works Director Recreation and Community Services Director At the end of the calendar year, a maximum of 80 hours of administrative leave may be carried over. For these purposes, beginning of the calendar year means the first day of the first full pay period that begins in January and end of the calendar year means the last day of the pay period that includes December 315c 16.13 Injury Leave See Section 1.0--Definition of Terms. 16.14 Military Leave Military leave shall be granted in accordance with the provisions of State law. All employees entitled to military leave shall give the appointing power an opportunity, within the limits of military regulations, to determine when such leave shall be taken. 16.15 Leave of Absence without Pay The Personnel Officer may grant a permanent or probationary employee leave of absence without pay for a period not to exceed one year. No such leave shall be granted except upon written request of the employee setting forth the reason for the request, and the approval must also be in writing. Upon expiration of a regularly approved leave, or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration; or within a reasonable time after notice to return to duty, shall be cause for discharge. Department heads may grant a permanent or probationary employee leave of absence without pay for not to exceed one calendar week. Such leaves shall be reported to the Personnel Officer. A. Leave of Absence Without Pay --Insurance Continuation: The City will continue insurance coverages, at the employee's request, during an employee's leave of absence without pay for no more than six months or a lesser period as delineated in each carrier's contract. During this period the City will contribute its usual premium contributions on behalf of the employee for a period of no more than two months. Any additional portion of the premium normally subject to payroll deductions must be reimbursed to the City by the employee. B. In addition to the Leave of Absence provisions outlined above, the City of Campbell will provide leaves of absence and.comply with related leave provisions as mandated by State and Federal laws. 16.16 Special Leave of Absence Any other provisions of the Personnel Rules notwithstanding, the City Manager shall have the option at his discretion and/or at the recommendation of the department head to place an employee on special leave with or without pay pending an investigation arising from an incident in which an employee may become involved and/or for reasons of emotional instability following any such incident. The City Manager shall determine the duration and any other conditions of such leave of absence and may require the employee to be physically available to return to duty immediately upon notification by the City Manager or department head. (See Resolution 3714.) 31 16.17 Maternity Leave Maternity leave will be considered within the policy outlined in 16.15, Leave of Absence without Pay, and in conformance with any provisions mandated by state and/or federal law. Usage of sick leave will be allowed for that period of time the employee is off work on a physician's orders due to pregnancy -related disability. A physician's statement concerning how long into the term of the pregnancy the employee may work is required, as well as a release by the employee's physician to return to work. 16.18 Jury Duty An employee shall be given necessary time off without loss of pay when performing jury duty, or performing emergency civilian duty in connection with national defense. In the case of an employee performing jury duty, all fees received for this duty shall be submitted to the City. All per diem compensation shall be retained by the City. Mileage allowance and any other special compensation which may be paid will be retained by the employee. Fees paid for jury duty service on an employee's scheduled day off will be returned to the employee. Employees shall receive no other compensation from the City except their normal salary. 16.19 Hours of Work Employees shall work forty hours per week and the hours during which offices shall be open for business shall be determined by the City Manager. A. Establishing the Workweek: By mutual agreement of a majority of department or division personnel and management staff, with the authorization of the City Manager and the City Council, hours of work may be established for groups of employees on the basis of (1) flex time, (2) 4/10 plan, or (3) other specially arranged working hour plans within the basic requirements of a standard 40-hour workweek. 16.20 Timecards All departments' biweekly timecards shall be submitted to the Finance Department in accordance with established payroll procedures. 32 16.21 Holidays The holidays to be observed by the City are as follows: • January 1st New Year's Day • Third Monday in January - Martin Luther King, Jr. Day • Third Monday in February - Washington's Birthday • Last Monday in May - Memorial Day • July 4th - Independence Day • First Monday in September - Labor Day • Thanksgiving Day • Day after Thanksgiving Day • December 24th - Christmas Eve (4 hours) • December 25th - Christmas Day • Floating Holidays - See Addendum "A" • Every day proclaimed by the Campbell City Council as a holiday. Holidays falling on Saturday will be observed on Friday and holidays falling on Sunday will be observed on Monday. Permanent, probationary, and permanent part-time employees in the classified non -management service, except members of the Police Department who are required to be on duty for 24 hour periods, shall not be required to be on duty on holidays unless the employee's services are needed and required in the interest of the public health, safety, or general welfare. In the case of the latter event, any such employee shall be entitled to overtime or compensatory time off as provided for in 16.22 and 16.23. Classified non -management Police Department personnel regularly required to work a full duty schedule or portion thereof on a legal holiday observed by the City of Campbell shall be paid for holidays as follows: • Non -management Police Dept. Safety Personnel: 5.4% of salary in lieu pay • Police Dept. Records/Communications Personnel: 4.8% of salary in lieu pay Payment in two checks, separate from normal payroll checks, shall be made to eligible non -management employees in the Police Department; one in December, and the other in June. 16.22 Overtime Overtime shall be defined as that time authorized and actually worked by an employee in excess of normal weekly hours as prescribed in 16.19. Except in emergency situations as authorized by the City Council, management employees are not eligible for overtime benefits. Classified non -management employees shall be compensated for overtime according to the following rules and regulations. At the discretion of the department head, overtime will be compensated by time and one-half pay or time and one-half compensatory time under the following conditions: A. Overtime work is ordered or authorized by the eligible employee's department head. B. Eligible classified non -management employees who are called back to work by their immediate supervisor shall be granted the following minimum paid overtime or compensatory time. 33 Public Works non -management maintenance personnel: 3 hours paid @ time and one-half OR 4-1/2 hours compensatory time. In addition, if the non -management Public Works maintenance employee is contacted by his/her supervisor prior to the beginning of his/her normal work day and the non -management Public Works maintenance employee is not on the City Service Center premises, the call back provision will apply. Other miscellaneous non -management personnel: 3 hours paid @ time and one-half OR 4-1/2 hours compensatory time. Safety non -management personnel: 3 hours paid @ time and one-half OR, if eligible, 4-1/2 hours compensatory time. Safety personnel: Emergencies and investigations directly related to the City of Campbell where continuous overtime extends the regular work shift for a represented employee more than one and one-half (1.5) times the number of hours of that shift (18 hours for employees scheduled to a 12 hour shift, and 15 hours for employees scheduled to a 10 hour shift) will be paid at two times the represented employee's regular rate of pay. Double overtime will not be paid for pre - planned events where no emergency exists, or in response to requests for Mutual -Aid. As per policy, all time cards are approved by the Division Commanders. Any questions or issues related to approval will be settled at the discretion of the employee's division commander. Non -Sworn Safety personnel: Emergencies and investigations directly related to the City of Campbell where continuous overtime extends the regular work shift for a represented employee more than one and one-half (1.5) times the number of hours of that shift (18 hours for employees scheduled to a 12 hour shift, and 15 hours for employees scheduled to a 10 hour shift) will be paid at two times the represented employee's regular rate of pay. Double overtime will not be paid for pre -planned events where no emergency exists, or in response to request for Mutual -Aid. As per policy, all time cards are approved by the Division Commanders. Any questions or issues related to approval will be settled at the discretion of the employee's division commander. C. Eligible non -management employees who are required to attend scheduled training sessions, staff meetings, or seminars which require time beyond the normal day or week, as defined in 16.19, shall be compensated with time off or pay in accordance with paragraphs 16.22/16.23. D. Overtime pay shall not begin until the eligible employee has worked the hours required for his basic workweek, as set forth in 16.19 of these rules. All authorized paid leave time taken shall be credited as part of the basic workweek except that hours not worked, at the employee's option, where those hours are charged to compensatory time off, during the employee's 40-hour workweek and extra hours worked during that same period, totaling 40 hours, will be considered to be flexible scheduling within that workweek, and no compensatory time will be granted. 16.23 Compensatory Time At the discretion of the department head, compensatory time shall be granted to eligible classified non -management employees. Such compensatory time is to be on a time and one-half basis except as provided for in Section 17.0 of these Rules, and will be governed by the following provisions. A. Compensatory time earned by an employee who is required to work in excess of the normal workweek shall be recorded in actual hours worked on the employee's timecard and submitted 34 to the Finance Department. B. The maximum accumulation of compensatory time is as follows: 1. For employees represented by CPOA, compensatory time shall not be allowed. to accumulate in excess of 240 hours. 2. For employees represented by CPCEA, compensatory time shall not be allowed to accumulate in excess of 190 hours. 3. For employees represented by CMEA, compensatory time shall not be allowed to accumulate in excess of 125 hours. 4. For CONF employees, .compensatory time shall not be allowed to accumulate in excess of 125 hours. 5. For employees represented by CARP, compensatory time shall not be allowed to accumulate in excess of 75 hours. 6. CONF and those employees represented by CPOA, CPCEA, CMEA and CARP shall not be allowed to accumulate in excess of hours as stated above. Any compensation time earned exceeding maximum accrual hours will be paid in cash at the rate of time and one-half. An employee may exercise his/her option two times each calendar year to convert any or all accumulated compensatory time to cash. C. Use of compensatory time must be scheduled at least 24 hours in advance with the employee's supervisor and recorded on the employee's timecard for submission to the Finance Department. D. If possible, arrangements will be made to allow employees to use accrued compensatory time prior to termination. Otherwise, accrued comp time shall be paid off upon termination in accordance with section 553.21 of the Fair Labor Standards Act. 16.24 Unauthorized Leave Any leave of absence from work taken without prior approval as provided for in these rules shall be without pay and shall subject the employee to dismissal or disciplinary action when the unauthorized leave is found to be unwarranted or detrimental to the service. 16.25 Salary Deduction --Employees Exempt from FLSA Overtime Provisions In accordance with City policy (Resolution 8120), should an employee who is exempt from the overtime provisions of the Fair Labor Standards Act have insufficient hours in all accrual accounts making it impossible to charge a period of absence of less than that employee's regular workday, no deduction shall be made from that employee's salary. 35 SECTION 17.0 SPECIAL PROVISIONS FOR SPECIFIC CLASSIFICATIONS (NOTE. 17.1 thru 17.7 apply to employees represented by Campbell Peace Officers Association) 17.1 Motorcycle Assignment Pav Traffic enforcement officers riding motorcycles are eligible for motorcycle assignment pay. 17.2 Replacement of City -Issued Equipment--Non-management Police Department Safety Personnel The City will replace City -issued equipment which is lost by theft or circumstances beyond the control of the officer if such occurrence takes place during the time when the officer is on duty, and if such loss is not attributable to the personal negligence of the officer. City -issued equipment lost by theft off -duty shall be replaced if such loss is not attributable to the personal negligence of the officer. Circumstances surrounding such losses shall be determined through a departmental finding. 17.3 Working Out -of -Class Pav--Non-management Police Department Safety Personnel Employees assigned the responsibility of Field Training Officer shall receive 5% salary differential pay. This compensation will be paid for each day assigned to this function. To qualify for this pay the employee must have completed the training course for the Field Training Officer Program. Five percent (5%) working out of class pay will be paid for the following assignments: Police Officer acting as Watch Commander for 8 hours or more; Agent acting as Watch Commander for more than 20 consecutive shifts; Sergeant acting as Lieutenant or Captain for more than 5 consecutive shifts. 17.4 POST/Educational Incentive Pay --Police Department Non -Management Public Safety Personnel The City will pay 5% incentive pay to employees possessing an Intermediate POST Certificate and 7.5% to employees possessing an Advanced POST Certificate. Prior to qualifying for this incentive pay, an employee must have served for a minimum of two years as a Police Officer in the City of Campbell Police Department or two years as a Police Officer in another agency recognized by POST if hired by Campbell as a Police Officer. Employees receiving incentive pay for an Intermediate POST Certificate will be required to requalify on a biannual basis beginning in January 1983. Requalification will require successful completion of 3 job -related college semester units; or 3 required semester units toward completion of a job -related degree; or 36 employee -initiated off duty training hours; or some combination thereof, one college semester unit being equivalent to 12 training hours, during each two year period. Certification by the Department/City Manager's Office of job -relatedness must be obtained prior to the time of enrollment. Off duty viewing of CJRS films may be credited toward the required number of employee -initiated training hours. The required course work must be completed during the previous two calendar years in order to qualify for payment in subsequent years. Employees with an Intermediate POST Certificate and a job -related advanced degree will have the option to meet the requalification requirement by completing a departmental/community improvement project during the two year requalification period, toward which a relatively equivalent amount of effort is evidenced. The topic of the departmental/community improvement project is to be approved by the Department/City Manager's Office in advance. Employees with an Advanced POST Certificate will be exempted from the requalification requirement. 36 17.4 POST/Educational Incentive Pay --Police Department Public Safety Personnel (continued) In the event that an officer fails to complete requalification, he/she shall lose his/her incentive pay until such time as he/she has completed the requalification requirements. Upon being reinstated, the officer shall receive his incentive pay for the remaining time in his/her 24-month requalification period; to continue incentive pay beyond, the officer must requalify as originally scheduled based on the most recent anniversary date. 17.5 Emergency Transfer of Sick Leave --Employees Represented by Campbell Peace Officers Association The emergency transfer of sick leave from members of the CPOA to a specific member of CPOA may be granted as follows: A. The membership of CPOA must agree that each member will contribute some amount of sick leave to a specific employee. B. Sick leave will only be transferred in an emergency situation to cover the period from the exhaustion of sick leave by the specified employee to the time when they will become eligible for the long-term disability program. C. Authorization will only be granted under emergency and/or unusual circumstances where an employee has exhausted all leave time, including sick leave, vacation leave and compensatory time, and where circumstances have prevented the employee from reasonably accumulating sufficient sick leave for the illness and/or injury. D. Sick leave which is so transferred will not be reimbursed to the members of CPOA. E. The Police Chief will review the transfer relating to its justification and appropriateness and make a recommendation to the City Manager. F. The City Manager will make the final determination concerning the transfer of sick leave, which will not be subject to appeal. 17.6 Meal Allowance --Employees Represented by Campbell Peace Officers Association Employees will receive a $9.00 meal allowance when required by a supervisor to work a 4 hour shift extension as a patrol field officer or on special assignment, due to personnel shortage. Payment will be made through the City payroll system, following the appropriate entry on the employee's timecard. 17.7 Detective On -Call Pay Non -management Police Department safety employees assigned to the Special Enforcement Division will receive a total of three hours straight time pay when assigned to "on -call detective" status for a weekend (48 hours or more for the period 1600 hours Friday to 0800 hours Monday). Employees assigned to other "on -call" status will be compensated at the rate of one (1) hour of straight time pay or one (1) hour of compensatory time off for each day or portion of a day assigned to "on -call" status. Employees called in to work from their "on -call" assignment will be compensated pursuant to Personnel Rules and Regulations, Section 16.22, Overtime, in addition to the "on -call" compensation. , 37 17.8 Bilingual Pay CPOA represented employees who are certified to have a working level of competence in languages other than English, spoken regularly in contacts with members of the Campbell community, will receive an additional $100 per pay period as Bilingual Pay. In order to be eligible for Bilingual Pay, the Police Chief must certify that the employee regularly has a need to use his/her bilingual skills in communicating with members of the community. Additionally, the employee must pass a certification test completed by a trained professional. 17.9 Vacation Buy Back Employees may convert once per, year, unused vacation time for payment subject to the following conditions: 1. The employee must have a minimum of 120 hours of accrued vacation immediately prior to a conversion. 2. Any payment for accrued vacation hours will be subject to taxes as determined by law. 3. Minimum exchange will be one day. 4. All exchanges are irrevocable. A minimum of 40 hours of vacation leave must be previously used prior to conversion. (Note: 17.10 thru 17.13 apply to employees represented by CPCEA (Campbell Police Civilian Employees Association) 17.10 Meal Allowance--CPCEA Represented Employees Employees represented by CPCEA will receive a meal allowance of $10.60 when required to work a shift extension of four (4) hours or more, excluding employee requested shift trades. Payment will be made through the City payroll system following the appropriate entry on the employee's timecard. 17.11 Working Out -of -Class Pay--CPCEA Represented Employees Police Records Specialists performing communication dispatching duties will receive $3.00 per hour for each majority of a one -hour period in excess of an initial one -hour period in each working day. A Police Records Specialist assigned court liaison duties for four hours or more will receive $3.00 per hour for the working -in - higher class assignment. Routine pickup or delivery of materials from courts or District Attorney's offices will not be considered court liaison duties. A Police Records Specialist assigned to act as Police Records Supervisor and a Public Safety Dispatcher assigned to act as Communications Supervisor for eight hours or more will receive $3.50 per hour for the working in higher class assignment. A Police Records Supervisor or Communications Supervisor assigned as Acting Division Supervisor will receive $3.50 per hour for the working in higher -class assignment. The working out of class assignment to court liaison duties or a supervisor position will be made in writing. 17.12 Trainer Pay --Police Records Specialists and Public Safety Dispatchers Police Records Specialists, Public Safety Dispatchers and Community Services Officers will receive five percent (5%) differential pay when assigned by their Supervisor to train a new employee for a period of time of at least 1 hour per occurrence. In order to qualify for this pay, the trainer must complete all required training logs and evaluation forms as designated by the Department. Police Records Specialists, Public Safety Dispatchers and Community Services Officers will receive five percent (5%) differential pay for the period of time they are assigned to and actually engaged in developing training materials or designing or coordinating a training program. A minimum of one hour per occurrence must be spent in these activities to 38 17.13 Catastrophic Illness/Emergency Transfer of Sick Leave-- CPCEA The emergency transfer of sick leave from members of CPCEA to an individual member of CPCEA may be granted as follows: A. The membership of CPCEA must agree that each member will contribute some amount of sick leave to a specific employee. B. Sick leave will only be transferred in the case of very serious illness or injury, and under emergency or unusual circumstances where an employee has exhausted all leave time, including sick leave, vacation leave and compensatory time and where circumstances have prevented the employee from reasonably accumulating sufficient sick leave for the illness or injury. C. Sick leave will only be transferred to cover the period from the exhaustion of sick leave by the specified employee to a maximum of six months later than the date of exhaustion of sick leave. D. A request for emergency transfer of sick leave from members of CPCEA to an individual member of CPCEA will include the names of CPCEA members and each of their requested sick leave donation amounts. E. Any request for emergency transfer of sick leave will be submitted to the City Manager who will make the final determination concerning the transfer of sick leave. F. Sick leave which is transferred to an individual member of CPCEA and is used by that member will not be reimbursed to the members of CPCEA. Any sick leave transferred to a member of CPCEA by other members of CPCEA, that is not needed, will be transferred back to the members who contributed the sick leave hours in the same proportion as their contribution to the total hours contributed. 17.14 Bilingual Pay CPCEA represented employees who are certified to have a working level of competence in languages other than English, spoken regularly in contacts with members of the Campbell community, will receive an additional $100.00 per pay period as Bilingual Pay. In order to be eligible for Bilingual Pay, the Police Chief must certify that the employee regularly has a need to use his/her bilingual skills in communicating with members of the community. Additionally, the employee must pass a certification test completed by a trained professional. 40 17.15 A Standby Pay CPCEA employees who are subpoenaed to court and subsequently placed on "phone standby" during their non -work hours, will be compensated at the rate of one (1) hour of straight time pay or one (1) hour of compensatory time off for each day they are on "phone standby" status. Employees called in to court while on "phone standby" during their non -working hours will be compensated pursuant to Personnel Rules and Regulations, Section 16.22, Overtime 17.15 B Off Duty Contacts Any unit member contacted while the unit member is off duty, and who is asked to provide services to the City but not directed to physically return to the work site shall be compensated as follows. The unit member shall receive a minimum of one -hour of pay compensated at the unit member's based hourly rate of pay. Such pay shall only apply where the unit member performs 10 minutes of work or more. Fewer than 10 minutes of work shall be considered de minimis and not compensable. If a unit member is asked to provide services more than once within the same one -hour window of time, the total time spent providing services shall be aggregated and will be counted as part of the same one - hour period. Unit members shall record all time actually worked and shall report the time according to applicable work time reporting procedures. 17.15 C Vacation Buy Back Employees may convert once per year, unused vacation time for payment subject to the following conditions: 1. The employee must have a minimum of 120 hours of accrued vacation immediately prior to a conversion. 2. Any payment for accrued vacation hours will be subject to taxes as determined bylaw. 3. Minimum exchange will be one day. 4. All exchanges are irrevocable. A minimum of 40 hours of vacation leave must be previously used prior to conversion. (Note: 17.16 thru 17.22 apply to employees represented by Northern California Carpenters Regional Council) 17.16 Split Shift Differential Public Works non -management maintenance personnel who are required to work a split shift during a regular 40-hour workweek shall receive 5% differential pay over the base salary the employee is currently receiving for the 8-hour split shift schedule. 17.17 Working Out -of -Class Pay --Public Works Maintenance Division Non -management Personnel Public Works Maintenance Division Non -management Personnel: Employees required to serve in an acting capacity in the higher classification of Lead Worker and Lighting & Traffic Signal Technician shall receive an additional $25 per day. Acting pay for the Lead Worker and Lighting & Traffic Signal Technician class will be provided for assignments of four (4) or more hours. Written authorization to work in a higher classification will be required. Such written authorization shall be provided to the employee upon commencement of the assignment. Employees required to serve in an acting capacity in the higher classifications of Park Maintenance Supervisor, Street Maintenance Supervisor, Equipment Maintenance Supervisor, Senior Lighting and Traffic Signal Technician shall receive an additional $30 per day for assignments of 4 hours or more and for Public 41 Works Superintendent working 8 hours or more shall receive $35 per day. 17.18 Workers' Compensation Benefits --Public Works Non -management Maintenance, Mechanic and Traffic/Lighting Personnel In the event of a work related illness or injury occurring after July 1, 1984 the City will limit the employee's sick leave liability in the first three days of leave, by prorating payment of workers' compensation benefits according to the same formula which now becomes effective on the fourth day of leave. 17.19 Standby Pay --Public Works Non -management Maintenance, Mechanic and Traffic/Lighting Personnel Standby assignments outside the regular work schedule shall first be made on a voluntary basis. In the absence of volunteers, the Public Works Superintendent will designate standby assignments. During the normal work week, if the need for standby is known, standby assignments will be made for the period of time from the end of the employee's normal work day until the employee's normal start time the following day. If the need for standby assignments is known by the end of the work day on a Friday, such standby assignments will be made for the following time periods: ■ End of workday Friday to 8:00 a.m. Saturday ■ 8:01 a.m. Saturday to 8:00 a.m. Sunday ■ 8:01 a.m. Sunday to beginning of workday Monday If the need for standby is expected for part of the weekend, but not the entire weekend, only that portion needed will be assigned in advance. If an upcoming assigned standby shift is no longer needed, the employee assigned to that shift will be notified no less than eight (8) hours in advance. In order to be eligible for standby assignments, employees must reside, or secure accommodation for the duration of the assignment, at a location that is no more than thirty (30) minutes travel time from the City's Service Center. 42 17.19 Standby Pay (continued) Standby pay shall be compensated at the rate of six (6) hours of straight time for every 24 hours of Standby assignment. Call out of employees on standby assignments shall be compensated at the regular overtime rate for hours worked in addition to the standby pay. The City may provide a. vehicle to employees on standby assignment. 17.20 Meal Allowance --Public Works Maintenance Division Non -management Personnel Public Works maintenance non -management employees represented by CARP, will receive a meal allowance of $9.00 when required by a supervisor to work a three hour or longer extension of the normal shift. Employees working such a shift extension shall schedule their meal breaks in a manner that is least disruptive to the work being performed during the shift extension, and meal. breaks will not exceed fifteen minutes. Payment will be made through the City payroll system, following the appropriate entry on the employee's timecard. 17.21 Class B Driver's License --Public Works Non -management Maintenance, Mechanic and Traffic/Lighting Personnel For those employees required to maintain a Class B Driver's License, the City will reimburse the Department of Motor Vehicles fee charged to obtain or renew Class B Drivers' Licenses. As an option to reimbursement, and when the employee allows sufficient advance time, employees may request a City check to be written to pay for the DMV fee, using the normal check request procedure. Special interim checks will not be written for this purpose. When employees obtain the health certification required for the Class B Driver's License from City authorized physicians, the City will pay the medical exam fee. The City will not pay that portion of the DMV fee that represents the standard (Class C) fee. 17.22 Bilingual Pay — Public Works Non -management Maintenance, Mechanic and Traffic/Lighting Personnel CARP represented employees who are certified to have a working level of competence in languages other than English, spoken regularly in contacts with members of the Campbell community, will receive an additional $75 per pay period as Bilingual Pay. In order to be eligible for Bilingual Pay, the Department Head must certify that the employee regularly has a need to use his/her bilingual skills in communicating with members of the community. Additionally, the employee must pass a certification test by a trained professional. 17.23; 17.24 Reserved (17.23 and 17.24 are reserved for future use by CARP) (Note: 17.25 applies to Confidential employees and those employees represented by Campbell Municipal Employees Association) 43 17.25 Working Out -of -Class Pay --Confidential Employees and Employees Represented by Campbell Municipal Employees Association Working out -of -class pay will be paid to employees when temporarily assigned to fill a regular budgeted position above their regular classification, which has been vacated due to termination, promotion, leave of absence, vacation, or scheduled sick leave. The employee will receive the first step of the higher classification or a minimum of 5% within the higher classification salary range and must meet the minimum qualifications of the position. 9/80 schedule or the need to cover the alternating weeks' days off will be excluded from working higher class compensation per Administrative Policy. 17.26 Bilingual Pay for Employees Represented by Campbell Municipal Employees Association CMEA represented employees who are certified to have a working level of competence in languages other than English, spoken regularly in contacts with members of the community, in the course of their jobs, will receive an additional $100 per pay period as Bilingual Pay. 17.27 Catastrophic Illness/Emergency Transfer of Sick Leave or Vacation — Confidential Employees, Employees Represented by Campbell Municipal Employees Association and Management Employees Members may donate: • Sick Leave or Vacation hours to another employee who because of a serious injury or illness has exhausted all his/her leave time, or Vacation hours to another employee who is the primary caregiver for a seriously ill or injured family member and has exhausted all his/her leave time to care for the individual. Sick Leave or Vacation hours will only be transferred in the case of very serious illness or injury, and under emergency or unusual circumstances where an individual has exhausted all applicable leave time and where circumstances have prevented the employee from reasonably accumulating sufficient sick leave for his/her own illness or vacation hours in the case of illness of a family member. Sick Leave or Vacation will only be transferred to cover the period of time from the exhaustion of leave by the employee to a maximum of six months later. 3. Any request for the transfer of hours from the members' group to another employee will include the names of all members of the group who wish to transfer Sick or Vacation hours and each member's sick or vacation hours donation amounts. 4. Any request for emergency transfer of Sick Leave or Vacation hours will be submitted to the City Manager who will make the final determination concerning the transfer of sick leave or vacation hours. S. Sick Leave or Vacation hours that are transferred to another employee will not be reimbursed to the group's members. 17.28 Meal Allowance —Campbell Municipal Employees Association Employees represented by CMEA will receive a meal allowance of $15.00 when required by a supervisor or manager to work a three hour or longer extension of their normal shift. Employees working such a shift 44 extension shall schedule their meal breaks in a manner that is least disruptive to the work being performed during the shift extension, and meal breaks will not exceed twenty minutes. Payment will be made through the City payroll system, following the appropriate entry on the employee's timecard. 45 SECTION 18.0 TRAINING OF EMPLOYEES 18.1 Responsibility for Training The City Council encourages the training of employees. Responsibility for developing training programs for employees shall be assumed jointly by the Personnel Officer and department head. Such training programs may include courses, demonstrations, assignment of reading matter or such other devices as may be available for the purpose of improving the effectiveness and broadening the knowledge of municipal officers and employees in the performance of their respective duties. 18.2 Credit for Training Participation in the successful completion of special training courses may be considered in making advancements and promotions. Evidence of such activity shall be filed by the employee with the Personnel Officer or his delegated representative. 18.3 In -Service Training Incentive Program As used herein, "In -Service Training" is defined as any class, training course, seminar, workshop or conference participated in by an employee while working for the City. The city will provide or support in-service training to City employees under the following conditions: A. Tuition Reimbursement: Reimbursement will be provided for expenses incurred by employees attending accredited college courses under the following conditions: 1. All Employees: 100 percent reimbursement for tuition and required books to a maximum of $3000 per fiscal year for accredited college courses for members of CMEA, CONF and MGMT units. 100 percent reimbursement for tuition and required books to a maximum of $2000 per fiscal year for accredited college courses for members of CPOA and MILL units. 100 percent reimbursement for tuition and required books to a maximum of $1500 per fiscal year for accredited college courses for members of CPCEA unit. Police Department Safety employees will not be eligible for tuition reimbursement for classes utilized to re -qualify under the POST/Educational Incentive Pay Program. 2. Employees represented by Campbell Municipal Employees Association may utilize tuition reimbursement for examination fees and related review course fees if pursuing certain certification programs. See Administrative Policies and Procedures - Utilization of Tuition Reimbursement for Certification Programs. 3. Management Employees: 4. Incentive Pay Program. Management employees may utilize budgeted conference allocations for additional tuition reimbursement or for work -related seminars. This utilization will require department head approval for classified management personnel, and City Manager approval for unclassified management personnel. 5. Reimbursement will be made subject to the completion and approval of the Tuition Reimbursement form and the submission of receipts and certification of successful completion of all courses. 6. Within the reimbursement limits outlined in 18.3A above, the cost of books and materials will 46 be paid in full with the items remaining the.property of the employee. 7. Training will be given on employee's time. Department heads may adjust work schedules to allow employees to attend in-service training courses. A. Seminars, Workshops, In -State Conferences: Department heads should encourage City employee attendance at seminars, workshops or meetings of in -state conferences when such affairs are related to a departmental function or when such attendance can mutually benefit the employee and the City. Employees attending such activities with the approval of their department head will be reimbursed for all actual expenses of: 1. Transportation costs - City vehicles or reimbursement at the current Council -approved per mile rate. 2. Allowance for room and board. 3. Registration, books, fees, etc. B. Special Training, Schooling, or Out -of -State Conferences: Special training programs, schooling, or out-of-state conferences not covered under the provisions of this Section shall be considered by the Council on the merits of the benefit to the City and the employee. 47 PART IV - EMPLOYER -EMPLOYEE RELATIONS SECTION 19.0 CITY EMPLOYEE ORGANIZATIONS 19.1 Employee Rights The City recognizes the right of City employees to choose and partake in activities of employee organizations for representation in employer -employee relations as provided for in Government Code Section 3500 and the City's Employer -Employee Relations Resolution No. 6647. 19.2 Meetings and Employee Organization Activities City employee organizations' business sessions and other activities relating to the organizations' business shall be accomplished at a time and place so as not to conflict with employees regular working hours. Exceptions to the above are: A. Meetings directly related to the meeting and conferring sessions within the scope of representation may be scheduled during working hours as provided for in the Government Code, Section 3500, Public Employee Organizations or as hereinafter amended. B. Meetings involving City employees to resolve grievances under the grievance procedures as set forth in the City of Campbell Personnel Rules and Regulations. C. Meetings called for and arranged by the Municipal Employee Relations Officer. 19.3 Use of City Facilities City employee organizations may, with the prior approval of the Municipal Employee Relations Officer, be granted the use of City facilities during non -working hours for meetings of City employees provided space is available. All such requests shall be in writing and shall state the purpose or purposes of such meetings. The use of city equipment, other than items normally used in the conduct of business meetings, such as desks, chairs, ashtrays and blackboards, is strictly prohibited, the presence of such equipment in approved City facilities notwithstanding. 19.4 Use of City Equipment City employee organizations may obtain copies of documents, notices, or reports by use of copying equipment for reproduction at basic cost plus overhead. Masters of the material to be copied shall be submitted to the Municipal Employee Relations Officer or his delegated representative. 19.5 Use of Bulletin Boards Recognized City employee organizations may use portions of City bulletin boards under the following conditions: A. All materials must be dated and must identify the organization that publishes them. B. If an employee organization desires to install a bulletin board, the City reserves the right to determine where such bulletin board shall be placed. C. An employee organization that does not abide by these conditions will forfeit its rights to have materials posted on City bulletin boards. 48 19.6 Payroll Deductions - Employee Organizations The City will authorize a payroll deduction for City employee organizations subject to the following conditions: A. That the employee organization is formally recognized as a majority representative. B. That the formally recognized employee organization submits to the City a certified list of membership upon acceptance as a majority representative. C. That the request for payroll deduction be on an individual, voluntary basis in writing on a standard payroll deduction form or a form provided by the employee organization, approved by the Municipal Employee Relations Officer. D. That any reasonable fee charged the City for payroll deduction activity may be assessed to the employee organization. E. The City's responsibility to properly disburse funds withheld shall be limited to the issuance of a check to the organization involved, for the total amount withheld for a particular organization each pay period. The check so issued shall be accompanied by a detailed listing of the employees involved, including the amounts withheld. The City shall be notified of the proper payee indicating the individual and address to whom check is to be delivered. 19.7 General Provision Regarding Americans with Disabilities Act The Americans with Disabilities Act (ADA) requires all employers to make reasonable accommodations to known disabilities of a qualified applicant or employee who is able to perform the essential functions of the --job. A. Because the Americans with Disabilities Act (ADA) requires accommodations for individuals protected under the Act, and because these accommodations must. be determined on an individual case by case basis, specific provisions of the Personnel Rules and Regulations may need to be modified on a case by case basis in order for the City to avoid discrimination relative to hiring, promotion, granting permanency, transfer, lay-off, reassignment, termination, rehire, rates of pay, job and duty classification, seniority; leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment. B. Employee organizations recognize that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. Appropriate employee organizations will be notified of requests for accommodations or proposed accommodations prior to implementation by the City. C. Any accommodation provided to an individual protected by the ADA shall not establish a past practice nor shall it be cited or used as evidence of a past practice in the grievance procedure. 49 SECTION 20.0 GRIEVANCE PROCEDURES 20.1 Purpose of Rules A. To promote improved employer -employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations. B. To afford employees individually or through recognized employee organizations a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions. C. To provide that grievances shall be settled as near as possible to the point of origin. D. To provide that appeals shall be conducted as informally as possible. 20.2 Definition. Scope and Right to File A grievance is defined as any dispute involving the interpretation, application or alleged violation of: A. A current Memorandum of Understanding between the City and a recognized employee organization. B. The City's Personnel Rules and Regulations where the provision in dispute is within the scope of representation excluding, however, any provision that specifically provides that the decision of the City Manager or other City Official shall be final. ("excluding" language not applicable to CARP). C. Administrative policies and procedures of the City regarding personnel matters where the procedure or policy in dispute concerns a matter within the scope of representation. (This provision does not apply to employees represented by CPCEA (*see 1996 SEIU MOU) CPOA (see 1997 MOU), CMEA (see 1998 MOU); Management and Confidential (see 1998 Resolution). D. Disciplinary procedures excluding discharge. Where any of the aforementioned provisions or policies prescribes a separate appeal procedure, they shall be excluded from the procedure contained herein. 20.3 Grievance Steps A. Step 1: An employee who has a grievance shall bring it to the attention of his/her immediate supervisor within five working days of the occurrence of the act which is the basis for the dispute. If the employee and the immediate supervisor are unable to resolve the grievance at this step within five (5) working days of the date the grievance is raised with the immediate supervisor, the employee shall have the right to submit a formal grievance to his/her department head (see 20.3.13, Step 2) which shall contain the following information: 50 1. The name and job classification of the grievant. 2. Grievant's department and specific work site. 3. The name of the grievant's immediate supervisor. 4. A statement of the nature of the,grievance including date and place of occurrence. 5. The specific provision, policy or procedure alleged to have been violated. 6. The remedies sought by the grievant. . 7. The name of the individual or organization designated by the grievant to represent him/her in the processing of the grievance. However, in no event shall an employee organization other than that which formally represents f the position occupied by the grievant be designated as the grievant's representative. 8. The signature of the grievant. 9. The date of the execution of.the grievance form. A standard grievance form shall be available through the City Manager's Office. If mutually agreed by the department head and the employee, the department head may hold an informal meeting re the grievance prior to the submittal of the formal grievance form. If this informal meeting does not resolve the grievance, the employee will be required to submit a formal grievance form to the department head for the department head's formal decision. B. Step 2: An employee dissatisfied with the decision of the immediate supervisor in Step 1 may submit the grievance in the manner provided above to his/her department head within seven (7) working days from the date of the immediate supervisor's decision. The department head shall respond to the grievance in writing within ten (10) working days from the date of its receipt. At the discretion of the department head the grievance may be referred to a subordinate manager above the level of the supervisor. C. Step 3: If the employee is dissatisfied with the decision of the department head in Step 2, he/she may submit the grievance to the City Manager within ten (10) working days from receipt of the department head's response. The City Manager, or his designated representative, shall respond to the grievance in writing within ten (10) working days of its receipt. Within this period, the City Manager, at his discretion, may conduct an informal hearing involving the parties to the dispute. D. Step 4: If the employee is dissatisfied with the decision of the City Manager, he/she may submit the grievance to the Employee Conciliation Committee within ten (10) working days of the receipt of the City Manager's decision. The Committee shall consist of three (3) members, one of whom shall be selected by the grievant and one by the Municipal Employee Relations Officer. Where such members are other than City employees, they shall serve without compensation and without the City bearing any obligation to reimburse the member's employer for lost time. The third member and chairperson of the Committee shall be a representative from the State Mediation and Conciliation Service, or an individual acceptable to the Municipal Employee Relations Officer and the grievant. An individual, other than a State 51 representative, chosen by the parties shall be knowledgeable in public sector relations and may be chosen from any source reasonably likely to produce such an individual, including but not limited to a labor organization or management organization. Any costs incurred through the obtaining the services of the chairperson shall be equally shared between the City and the grievant or his/her employee organization. The Committee shall conduct a hearing on the grievance within thirty (30) calendar days from the date the grievance is filed at this step and shall render its decision within fifteen (15) working days from the conclusion of the hearing. The majority decision of the Committee shall be final and binding and shall only be subject to ratification by the City Council if said decision mandates an unbudgeted expenditure. All hearings shall be conducted in an expeditious manner, with the chairperson retaining final authority to rule on procedural matters or other points which affect the length and conduct of the hearing. Court reporters and post -hearing briefs shall only be utilized upon joint agreement between the grievant and the City and shall not serve to delay the Committee's decision beyond the prescribed time limits, except by mutual agreement. 20.4 General Conditions for All Grievances A. Any time limit set forth in paragraph 20.3 may be extended by written agreement between the parties. B. A representative of the recognized employee organization which has been formally extended bargaining rights for the grievant's position shall be entitled to be present at any hearing held in conjunction with Steps 3 and 4 of this Grievance Procedure. In addition, at the request of the employee, the above mentioned representative shall be entitled to be present beginning at Step 2. C. The grievant and his/her designated representative shall be entitled to utilize a reasonable amount of work time, as determined by the grievant's department head, to confer on the grievance. This reasonable amount of time shall not interfere with City operations. D. The City Manager's Office shall serve as the central repository for all grievance records. E. The grievance procedure will be implemented as expeditiously as possible. 52 SECTION 21.0 RULES OF APPEAL TO CITY COUNCIL - DISMISSALS 21.1 Right of Appeal All employees shall have the right of appeal to the City Council on the issue of dismissal except in those instances where the right of appeal is specifically prohibited by the personnel ordinance or these rules. 21.2 Method of Appeal Appeals shall be in writing, subscribed by the appellant, and filed with the Personnel Officer. Within five days after receipt of the appeal, the Personnel Officer shall inform each member of the City Council, the appointing power, and such other persons or officers named or affected by the filing of the appeal. The appeal shall be a written statement, addressed to the Personnel Officer explaining the reason for the appeal and setting forth therein a statement of the action desired by the appellant and reasons therefor. The formality of a legal pleading is not required. 21.3 Notice Upon the filing of an appeal, the Personnel Officer shall set a date for a hearing on the appeal not less than ten days, nor more than thirty days from the date of filing. The Personnel Officer shall -notify all interested parties of the date, time and place of the hearing as so prescribed by the City Council. 21.4 Investigation Upon the filing of an appeal, the City Council may make such independent investigation of the matter as it may deem necessary. The result of such investigation shall be made a part of the record of the proceedings and the appellant shall have the right to have a reasonable time within which to answer or to present evidence in opposition to the findings of this independent investigation. 21.5 Hearings The appellant shall appear personally, unless physically unable to do so, before the City Council at the time and place of the hearing. He may be represented by any person or attorney he may select and may at the hearing produce on his behalf relevant oral or documentary evidence. Appellant or his representative shall state his case first, and at the conclusion opposition matter may then be presented. Rebuttal matter not repetitive may be allowed at the discretion of the City Council. Cross examination of witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control of the City Council with due regard to the rights and privileges of the parties appearing before it. Hearings need not be conducted according to technical rules relating to evidence and witnesses. Employees in the Classified service may request in writing either a closed or open hearing. 21.6 Findings and Recommendations The City Council shall, within ten days after the hearing concludes, certify its findings and recommendations in writing to the appellant and to the person, officer or body from whose action the appeal was taken. The person, officer or body from whose action the appeal was taken shall review the findings and recommendations of the City Council and the City Council may then affirm, revoke or modify the action taken as in its judgment seems warranted and the action taken shall be final. Any member of the City Council may submit a minority or supplemental finding and recommendation. 53 PART V - MISCELLANEOUS SECTION 22.0 EMERGENCY PREPAREDNESS 22.1 Emergency Preparedness Pursuant to the City of Campbell's Disaster Preparedness Program - Campbell Municipal Code, Ordinance No. 809: A. All department heads shall assign each employee an emergency disaster function. B. Department heads are responsible for making such preparations as are necessary to insure the continuation of essential municipal services in the event of a war -caused or natural disaster. C. The City Manager is the City's Emergency Preparedness Director and shall be responsible for planning and coordinating the City's overall emergency preparedness activities. SECTION 23.0 COURT APPEARANCES 23.1 Employees - Civil Trials When a police officer or other employee of the City is subpoenaed for civil trials related to the performance of official duties, the person issuing the subpoena shall deposit with the City Clerk the required deposit prior to securing the subpoena. After the employee notifies Finance of the time spent at court, the deposit will be dispersed. If the employee has attended court fully on City time, the City shall retain the entire reimbursement. If the employee subpoenaed attends fully on his/her time, he/she shall receive the entire reimbursement. If the time spent in court is partially on City time and partially the employee's time, the City shall be reimbursed the employee's hourly wage plus benefits while on City time and the remainder of the fee will go to the employee. SECTION 24.0 OUTSIDE EMPLOYMENT 24.1 Outside Employment - Non -management Personnel Full-time City employees will be allowed to engage in off -duty employment if such secondary employment meets the following standards: A. Outside occupations shall be legal in character and not degrading to the City or employee. The type of work undertaken must not create a .conflict of interest with the employee's City job. 24.1— Outside Employment — Non -management Personnel (continued) A. Outside work must not be demanding on the employee and carry over into his/her regular duties by making contacts, either personal or by telephone, the following day. 54 B Outside work must not leave the employee tired or subject to injury on his regular job. C. Outside employment must be such that no problem arises as to the municipal responsibility for injury incurred on an outside job. D. The supplemental job should never be allowed to interfere with the duties of a City position to the extent that the employee is not always readily accessible in case of emergencies. E. A supplemental employer shall be willing to agree, in writing, that an employee would be permitted to return to his/her regular duties immediately upon call. 24.2 Application for Permit to Engage in Outside Employment The basis for approval by the immediate supervisor and department head is as follows: A. No employee will be allowed to engage in any outside employment without first filling out an off -duty employment permit which in turn is to be approved or denied by the immediate supervisor and department head. A copy of each permit approved by the department head is to be filed with the City Manager's Office. _ B. Each request to engage in outside work is to be considered individually. Certain types of work which are incompatible to the department would be so designated by the department head. 24.3 Maximum Hours Permitted in Outside Employment A ceiling on the number of hours permitted on outside work is hereby established as 20 hours per week. This is considered as the maximum possible without affecting the employee's efficiency on his/her regular job. 24.4 Injuries Resulting from Outside Employment As part of the processing of the off -duty employment permit, the employee is required to specifically waive any rights he/she would have against the City or any retirement system which the City might adopt as to disability which would be caused from or arise out of the employment for which the request is made. The employee is also required to waive any rights to. Workers' Compensation benefits because of any injury or sickness caused by or arising out of the outside employment. 24.5 Outside Employment and Sick Leave An employee whose sick leave record indicates the lack of strength to sustain both City employment and outside employment will not be allowed to engage in outside employment. 24.6 Outside Employment --Management Personnel Management employees will be permitted to engage in secondary employment under the following conditions: A. Outside occupations shall be legal in character and not degrading to the City or employee. The type of work undertaken must not create a conflict of interest with the employee's City job or in any way decrease the effectiveness of the employee in conducting City business. 55 B. Outside work must not be demanding on the employee and carry over into regular workday duties by making contacts, either personal or by telephone, during City working hours. C. Outside work must not leave the employee tired or subject to injury on his/her regular job. D. Outside employment must be such that no problem arises as to the municipal responsibility for injury incurred on an outside job. E. The secondary job should never be allowed to interfere with the duties of a City position to the extent that the employee is not always readily accessible in case of emergencies. F. A secondary employer shall be willing to agree, in writing, that an employee would be permitted to return to his/her regular duties immediately upon call. G. All rules pertaining to outside employment as outlined in paragraphs 24.3, 24.4, and 24.5 shall also apply to management employees who are granted permission to engage in secondary employment. H. Outside Employment Permits for unclassified management employees will require the approval of the City Manager. Permits for classified management employees will require department head approval with a copy of the approved permit filed with the City Manager's Office. 56 SECTION 25.0 REIMBURSEMENT FOR DAMAGE TO CLOTHING AND PERSONAL EFFECTS 25.1 Reimbursement Policy Damage to personal effects required by the City while in the line of duty will be reimbursed by the City upon recommendation of the individual's immediate supervisor and the department head, as well as approval by the Personnel Officer or his designated representative. The prior condition of the damaged item should be considered in determining the amount of reimbursement. Guidelines have been developed which will assist employees, department heads and supervisors in processing claims under this policy. They may be obtained from the Personnel Division. 25.1 Reimbursement Policy (continued) A. Damage to personal effects not required by the City would be allowed under the same conditions as outlined in the preceding portion of paragraph 25.1. B. No costs should be incurred by the City when it has been demonstrated that loss or damage was due to personal negligence. C. No costs should be incurred by the City in an unreasonable amount. For example, if an employee loses a $300 wristwatch while in the line of duty, it would not be reasonable for the City to reimburse him in this amount inasmuch as he did not exercise good judgment in wearing an expensive instrument on a job that has certain hazards connected with it. D. Definition of Personal Effects: Those items worn or carried by the employee in the line of duty. SECTION 26.0 CITY VEHICLES AND DRIVERS 26.1 Use of City Vehicles and Equipment Except in case of emergency or Council authorization, a City vehicle is to be driven only by City employees. City vehicles and equipment shall, under no circumstances, be used by any employee or citizen for other than official business. Violation of this policy will be cause for strict disciplinary action. 26.2 Employee Driving Habits Every employee driving a City vehicle shall obey all traffic regulations and display road courtesy at all times. 26.3 Motor Vehicle License If the primary duty of the employee is the driving of City vehicles on public streets, then he shall carry at all times a valid and appropriate Motor Vehicle Operator's License. 26.4 California Vehicle Code Restrictions All City employees who drive City vehicles are subject to the provisions of Sections 21052-21057 of the California Vehicle Code. It is the responsibility of each City employee who drives a City vehicle to be familiar with these Vehicle Code Sections so he can act accordingly. 57 26.5 Pool Cars Pool cars are to be stored at areas designated by the City Manager when not in use. Authorized personnel may not take a pool car home except in the case of an evening meeting or an early morning meeting or assignment. Employees will not be permitted to take city vehicles home for night meetings if a 10-mile roundtrip maximum would be exceeded. 26.6 Use of Personal Vehicle for City Business Employees using their personal vehicles for City business will receive an auto allowance or mileage reimbursement. Mileage reimbursement will only be granted if a pool car was not available or special authorization was granted. 26.7 City Vehicles and Employees on Standby Basis City vehicles assigned to employees on a standby basis are not to be left unused at the employee's home longer than a 48 hour period. In such cases, City vehicles are to be left at the Corporation Yard or City Hall and, if necessary, they are to be reassigned to the immediate supervisor for use by an alternate City employee until the return to work by the City employee originally assigned the vehicle. 26.8 Procedure for Accidents Employees driving City vehicles involved in accidents resulting in property damage or injury shall immediately do the following: A. Promptly notify your supervisor. B. If necessary, notify the law enforcement agency in whose jurisdiction the accident occurred. C. Comply with the California Vehicle Code. Notification of an accident shall be promptly reported to the Finance Department so that the insurance company may be notified. Two copies of all accident reports involving City equipment shall,be forwarded to the Finance Department as soon as possible. 26.9 Service of City Vehicles All City vehicles and equipment should be serviced at the City's Service Center in accordance with City policy. 26.10 Mileage for Evening Meetings Employees who are authorized to use their private cars to attend an evening meeting at City Hall and who live within the city limits of Campbell, shall be reimbursed at the current per mile rate as designated by the City Council. Employees who are required to attend an evening meeting at City Hall but who live outside city limits, shall be reimbursed at said rate with a maximum allowable charge of ten miles for the round trip. 26.11 Mileage for Out -of -Town Meetings Employees who are authorized to use their private cars to attend out-of-town meetings shall be reimbursed at the current designated rate to be computed from the City Hall or home of the employee, whichever is the shortest distance. For trips which are in excess of a 125 mile radius, the employee will be reimbursed at the rate equivalent to the current and prevailing first-class air fare as of the date of said travel. 58 26.12 Mileage for Employee's Car on City Business An employee authorized to use his own car for City business will be reimbursed at the mileage or flat rate established by the City Council. Mileage reimbursement will only be provided to those persons who have previously submitted proof of insurance coverage to the Finance Department. 26.13 Seat Belts Employees shall fasten seat belts on entering City vehicles. Failure to take such safety precautions may result in disciplinary action. 59 ADDENDUM "A" I. FLOATING HOLIDAY ENTITLEMENT BY REPRESENTATIVE EMPLOYEE GROUP Campbell Municipal Employees Association The calendar;year entitlement for those employees represented by the Campbell Municipal Employees Association 1s five (5) days. New employees receive the appropriate prorated portion of this entitlement upon hire. Campbell Police Civilian Employees Association The calendar year total holiday pay entitlement is 4.8% of salary in lieu pay. In addition, represented employees receive two (2) Floating Holidays per calendar year to be taken as days off. New employees receive the appropriate prorated portion of this entitlement upon hire. Northern California Carpenters Regional Council The calendar year entitlement for those employees represented by CARP is five (5) days. New employees receive the appropriate prorated portion of this entitlement upon hire. Management Employees The calendar year entitlement for management employees is five (5) days. New employees receive the appropriate prorated portion of this entitlement upon hire. Confidential Employees The calendar year entitlement for confidential employees is five and one-half (5-1/2) days. New employees receive the appropriate prorated, portion of this entitlement upon hire. II. FLOATING HOLIDAY USAGE RULES AND EXCEPTIONS Floating Holidays must be used during .the calendar year in which they are granted, and may be utilized in conjunction with annual vacation leave. For these purposes, the beginning of the calendar year means the first day of the first pay period that begins in January and the last day of the calendar year means the last day of the pay period that contains December 315t. All Floating Holiday, leave time must be scheduled with the employee's supervisor at least 24 hours in advance and cannot be disruptive of departmental operations. Floating Holiday time shall have no monetary value upon termination of employment unless a terminating employee has taken more than the proportionate share to which he/she is entitled prior to the termination date. The formula for determining the proportionate amount of Floating Holidays. remaining in a calendar year shall be one Floating Holiday for each three months remaining in the calendar year. The value of a Floating Holiday shall be the same as one day of vacation, and if used but not earned, it will be adjusted for on the employee's closing check. 60