CC Resolution 10082
..
RESOLUTION NO. 10082
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, a Memorandum of Understanding for salaries, benefits and working
conditions has been approved and executed by the authorized representatives of the
Service Employees International Union, Local 715, and City Council representatives; and
WHEREAS, the City Council of the City of Campbell desires to ratify and adopt the
provisions included in the Memorandum of Understanding attached.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Campbell does hereby approve and ratify the Memorandum of Understanding attached
hereto, and made a part hereof.
PASSED AND ADOPTED, this 3rd of September, 2002, by the following roll call
vote:
AYES: Councilmembers: Dean, Burr, Kennedy, Furtado, Watson
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
ATTEST:
/ ,.) ,
" ;1 /
{, ,~ -~((~'-
Anne Bybee, City Clerk
MEMORANDUM OF UNDERSTANDING
ON WAGES, EMPLOYEE BENEFITS, HOURS
AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT
PARTIES TO UNDERSTANDING
This Memorandum of Understanding (MOU) is between the authorized representatives of the
City Council of the City of Campbell, hereinafter referred to as "City," and the authorized
representatives of Local 715, Service Employees International Union, hereinafter referred to
as "Local 715."
STATE LAW COMPLIANCE
This Memorandum of Understanding complies with the provisions of the State of California
Public Employees Representation Law, as contained in Section 3500 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. GENERAL CONDITIONS
A. Representation
Local 715 is recognized by the City as the authorized representative of the
following classifications:
. Communications Supervisor
. Police Records Specialist
. Police Records Supervisor
. Public Safety Dispatcher
. Community Services Officer
. Property/Evidence Specialist
B. 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.
SEIU Local 715
Memorandum of Understanding 2002/04
c. Terms of Understanding
This Memorandum of Understanding embodies all modifications on salaries,
hours, employee benefits, and other terms and conditions of employment, for a
24-month term beginning July 1, 2002 and ending June 30, 2004.
D. 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.
II. UNION SECURITY
A. Agency Shop
Following submission of a petition signed by more than thirty (30) percent of
employees represented by Local 715 and following negotiations for approximately
sixty (60) days on the subject of Agency Shop Local 715 requested an Agency
Shop election be conducted by the State Mediation and Conciliation Service,
pursuant to California Government Code, Section 3502.5. If Agency Shop is
approved by a majority of Local 715 represented employees who cast ballots in an
election to be scheduled by State Mediation and Conciliation Service, the
following Agency Shop/Agency Fee provisions will apply to Local 715 employees.
Conversely, if a majority of employees who cast ballots in the election do not
approve an Agency Shop provision, the following Agency Shop/Agency Fee
provisions will not apply.
1. Except as expressly exempted herein, employees represented by Local 715
who do not maintain membership in good standing in the Union are required to
pay service fees to the Union, in amounts that do not exceed the periodic dues
of the Union, for the duration of this Agreement.
2. Employees appointed by the City who are represented by Local 715 will be
provided, along with other employee orientation materials, a notice by the HR
Division advising that an agency shop provision applies to this bargaining unit.
The notice will include a form for the employee to authorize a payroll deduction
for membership dues, or a service fee, to Local 715. Employees shall have 15
working days following their appointment date to complete and return the form
to the HR Division. If the employee fails to return the authorization form, the
City will initiate a payroll deduction for service fees, effective the first payroll
period of the following month. Dues or service fees to Local 715, or charitable
contributions will not otherwise begin until the first pay period of the month after
receipt of the authorization form by the Human Resources Division.
3. Any employee who is a member of a bona fide religious body whose traditional
tenets or teachings include conscientious objections to joining or paying
2
SEIU Local 715
Memorandum of Understanding 2002/04
service fees to employee organizations, upon presentation of official
verification of membership in said religious body, shall not be required to join,
maintain membership in, or pay service fees to the Union as a condition of
employment. However, such employee shall be required, in lieu of a service
fee required by this Agreement, to pay sums equal to such service fee to one
of the charitable funds or entities (exempt from taxation under Section
501 (c)(3) or Title 26 of the Internal Revenue Code) to which the City has
established payroll deductions on the Citywide giving campaign. The City shall
accept an employee's official verification of membership in a religious body and
if the validity of the verification is disputed by Local 715, Local 715 will pursue
the dispute through the dispute resolution mechanism contained in Section 9
below. If disputed, the deduction shall be held by the City pending resolution of
the dispute.
Dues and Service Fee Deductions
4. City shall deduct in accordance with Local 715's dues and service fee
schedule, dues, service fees or payments to charity in lieu of service fees from
the salaries of all employees who are members of the bargaining unit.
Employees' earnings must be sufficient after other legal and required
deductions are made to cover the amount of the dues, service fees or
charitable contributions authorized. All legal and required deductions have
priority over Local 715 dues and service fees.
5. If a Local 715 represented employee is on a Leave of Absence Without Pay,
membership dues, service fees, or charitable contributions will neither be
withheld, nor paid to Local 715. When the employee returns to paid status, no
withholding will be made for dues, service fees or charitable contributions for
the period of time that the employee was on Leave of Absence Without Pay.
6. City shall, without charge, pay promptly to Local 715, or the designated
charitable organization, all sums so deducted.
Hold Harmless Provision
7. Local 715 agrees to indemnify and hold harmless the City and all officials,
employees and agents acting on its behalf, from any and all claims, actions,
damages, costs, or expenses including all attorney's fees and costs of defense
in actions against the City, its officials, employees, or agents because of City
compliance with this Article.
Maintenance of Membership
8. Employees represented by Local 715 who are members of SEIU Local 715
shall continue to pay dues for the duration of this and each subsequent MOU
thereafter. For a period of one hundred and ten to ninety days prior to the
expiration of this and any subsequent MOU, members of SEIU Local 715 shall
have the right to request withdrawal of full membership in writing to the City
3
SEIU Local 715
Memorandum of Understanding 2002/04
Manager or his or her designee and select one of the options outlined above.
A request for withdrawal shall be delivered by certified mail and must be
postmarked during the one hundred and ten to ninety day period. The City will
deliver withdrawals of membership to the Union on a weekly basis and include
verification that receipt was by certified mail.
Dispute Resolution
9. In the event there is a dispute over the interpretation or administration of these
Agency Fee procedures, Local 715 and City agree to submit the dispute to a
neutral hearing officer selected from a list of three provided by the State
Mediation and Conciliation Service. Both the City and Local 715 will have the
right to strike one name from the list. The remaining officer will hear the
dispute. The Hearing Officer shall hold an informal hearing on the dispute and,
thereafter, issue a decision which shall be final and binding.
B. Stewards
Local 715 will notify City's Municipal Employee Relations Officer in writing of Local
715 members designated as stewards. The City will recognize three (3) stewards
for Local 715.
Release Time - Meet and Confer
Employees who are members of the Local 715 negotiating team who are required
to attend a meet and confer or meet and consult session during duty hours will be
given one hour of release time before and one hour of release time after each
session. Members of the Local 715 negotiating team, with their supervisor's
approval, may schedule an equivalent amount of release time at times other than
before or after a meet and confer session.
Steward Representation
If an employee represented by Local 715 is required to attend an investigatory
interview with a supervisor or manager to elicit facts, and the employee
reasonably believes that the interview could lead to discipline for that employee,
the employee is entitled, upon request, to have a steward or Local 715 official
present. If such an interview takes place during the steward's duty hours, release
time will be given. Should a steward's attendance be requested at a grievance
hearing during the steward's duty hours, release time will be given.
C. Recognition
The City will authorize payroll deductions for Local 715 subject to the conditions
listed in Personnel Rules and Regulations Section 19.6, including the change
noted below, as follows:
19.6 Payroll Deductions - Employee OrQanizations: The City will authorize a
payroll deduction for City employee organizations subject to the following
conditions:
4
SEIU Local 715
Memorandum of Understanding 2002/04
a. That the employee organization is formally recognized as a majority
representative.
b. That the formally recognized employee organization submit 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 the check is to be
delivered.
III. COMPENSATION ADJUSTMENTS
A. Effective July 8, 2002, the salaries of all classifications represented by Local 715
shall be increased by five percent (5.0%).
B. Effective January 6, 2003, Public Safety Dispatchers and Communications
Supervisor will receive a special adjustment of three percent (3.0%).
C. Effective January 6, 2003, Police Records Specialists, Records Supervisor, and
the Property/Evidence Specialist will receive a special adjustment of one percent
(1.0%).
D. Effective the first day of the first pay period of July, 2003, the salaries of all
classifications represented by Local 715 shall be increased by five percent (5.0%).
E. Effective the first day of the first pay period of January, 2004, Public Safety
Dispatchers and Communications Supervisor will receive a special adjustment of
three percent (3.0%).
IV. OTHER PROVISIONS
A. Benefit Cost Adjustments
July 1. 2002
The City will be responsible for any increase to the PERS employer contribution
rate for the plan in effect on July 1, 2002. The City will amend its Miscellaneous
PERS Contract to provide 2.5% @ 55 with no change in the final compensation
5
SEIU Local 715
Memorandum of Understanding 2002/04
formula once the 2002 meet and confer process is complete with the
Miscellaneous bargaining units and MOU's are approved by the City Council.
The 2.5% @ 55 PERS benefit formula contract amendment requires a member
contribution of 8% and the PERS contract amendment process includes a vote of
all of the City's Miscellaneous PERS members. In order for the amendment
process to proceed, a majority of the Miscellaneous members must vote for the
8% member contribution.
The City will provide $110.26 per month per employee for the City's current dental
coverage, including an annual maximum per patient benefit of $2,000 and
orthodontia coverage with a $2,000 per patient lifetime benefit. (additional cost of
$7.50 per month).
Effective September 2002, the City will increase the life insurance benefit provided
to Local 715 employees to $75,000 (increase cost of $9.25 per month per
employee).
The City will provide $5.25 per month for the Employee Assistance Program.
The City will provide up to $50.85 per month per employee for Long Term
Disability Insurance. The maximum benefit is $3,000 per month.
July 1, 2003
The City will be responsible for any increase to the PERS employer contribution
rate. During the 2003/04 fiscal year, the City will modify its miscellaneous PERS
contract to provide the Sick Leave credit option.
The City will be responsible for any increase in dental insurance costs.
The City will be responsible for any increase in the life insurance costs.
The City will be responsible for any increase in Employee Assistance Program
costs.
The City will be responsible for any increase in Long Term Disability Insurance.
B. Health Insurance Benefit Program
Effective January 2003, the City will provide a maximum of $16 per month for
health insurance and $609 per month in an additional Section 125 allotment for
health and optional benefits ($625 per month total). Any unused portion of the
allotment will be rebated to the employee, up to a maximum of $100 per month.
Effective January 2004, the City will provide a maximum of $16 per month for
health insurance and $684 per month in an additional Section 125 allotment for
health and other optional benefits ($700 per month total). Any unused portion of
the allotment will be rebated to the employee, up to a maximum of $100 per
month.
6
SEIU Local 715
Memorandum of Understanding 2002/04
C. Vision Plan
City will continue to provide a vision plan for Local 715 members - VSP, Plan B,
$10 co-pay.
D. Retiree Award Program
The City will continue the existing Retiree Award Program continuing the following
criteria and features, including the following increased benefit level:
. Minimum retirement age of 50 and retired from 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:
For employees who have completed at least 20 years of service with
the City of Campbell, award will be a maximum of $140 per month.
. Effective January 2003, the maximum reimbursement will be increased to
$175 per month. All other provisions of the Retiree Award Program will
remain unchanged.
. Effective January 2004, the maximum reimbursement will be increased to
$190 per month. All other provisions of the Retiree Award Program will
remain unchanged.
E. Deferred Compensation
In recognition of Local 715's concern for future medical insurance costs of
prospective Local 715 retirees, effective July 2002, the City will continue to
contribute $47 per pay period in a Deferred Compensation Account.
F. Uniform Allowance
Effective July 2000, the City will continue to provide a uniform allowance for Police
Records Specialists, the Police Records Supervisor, Property/Evidence Specialist,
and Community Services Officer of $ 575 per year.
G. Catastrophic Illness/Emergency Transfer of Sick Leave
Section 17.13 of the City's Personnel Rules and Regulations (Catastrophic
Illness/Emergency Transfer of Sick Leave - Employees Represented by Local
715) continues during the term of this MOU as follows:
1. The membership of Local 715 must agree that each member will contribute
some amount of sick leave to a specific employee.
7
SEIU Local 715
Memorandum of Understanding 2002/04
2. 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.
3. 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.
4. A request for emergency transfer of sick leave from members of Local 715
to an individual member of SEIU will include the names of Local 715
members and each of their requested sick leave donation amounts.
5. 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.
6. Sick leave which is transferred to an individual member of Local 715 and is
used by that member will not be reimbursed to the members of Local 715.
Any sick leave to a member of Local 715 by other members of Local 715,
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.
H. Holiday Pay/Floating Holidays
The current holiday pay of 4.6% in lieu of pay, and the current Floating Holiday
allocation of sixteen (16) hours per calendar year will continue for the term of this
Memorandum of Understanding.
I. Compensatory Time Accrual Ceiling
The City will increase the compensatory time accrual ceiling for Local 715
members of 140 hours.
J. 17.11 Working Out of Class Pay - Employees Represented by Local 715
Effective July 2003, Section 17.11 of the Personnel Rules and Regulations is as
follows:
Police Records Specialists performing communication dispatching duties will
receive $2.35 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 $2.35 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
hour or more will receive $3.00 per hour for the working-in-higher-c1ass
assignment. A Police Records Supervisor or Communications Supervisor
8
SEIU Local 715
Memorandum of Understanding 2002/04
assigned as Acting Division Supervisor will receive $3.00 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.
K. 17.12 Trainer Pay - Police Records Specialists and Public Safety Dispatchers
Section 17.12 of the Personnel Rules and Regulations will remain unchanged and
will continue to read:
Police Records Specialists and Public Safety Dispatchers will receive five percent
(5%) differential pay when assigned by the Communications Supervisor or Police
Records 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 and Public Safety Dispatchers 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 be eligible for Trainer Pay.
L. Tuition Reimbursement
The City will continue to provide the tuition reimbursement program as specified
in Personnel Rules and Regulations, Section 18.3.A, with a maximum
reimbursement of $1 ,500 per year.
M. Council Agenda
The City shall provide to Local 715 City Council Agendas. One Agenda will be
mailed to Local 715 by the City Clerk's Office, together with the regular Agenda
distribution.
N. Budget and Annual Report
The City will provide Local 715 a City Budget and Comprehensive Annual
Financial Report.
O. Bilingual Pay
Effective July 8, 2002, City will increase Local 715's bilingual pay to $50 per pay
period.
v . LEAVE PROVISIONS
A. Sick Leave
1. Sick Leave Accrual
Per the provisions of Section 16.6 of the City's Personnel Rules and Regulations,
for all employees who work 40 hours per week, sick leave shall be accrued at the
rate of 3.69 hours per pay period. Unused sick leave shall be accumulated at the
rate of 96 hours per year, to an unlimited total. For all employees, upon
9
SEIU Local 715
Memorandum of Understanding 2002/04
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.
2. Use of Sick Leave
Per the provisions of Personnel Rules and Regulations, Section 16.7, 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
reason for the absence.
3. Use of Familv Sick Leave
Per Personnel Rules and Regulations, Section 16.8, 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.
Employees working a 40-hour workweek may charge up to a maximum of 64
hours to family sick leave in each calendar year. 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.
4. Compensation for Unused Sick Leave
Per Personnel Rules and Regulations, Section 16.11, 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: 10% at terminal pay rate
Start of year 11 through completion of year 15:
Start of year 16 through completion of year 20 :
Start of year 21 and thereafter:
20% at terminal pay rate
35% at terminal pay rate
50% at terminal pay rate
Once each year, between February 1st and 15th, employees may request to be
compensated for unused Sick Leave, according to the same service length
10
SEIU Local 715
Memorandum of Understanding 2002/04
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 35% of
the hours or 70 hours. Once compensated, Employee's Sick Leave balance would
be 288 hours.)
B. BEREA VEMENl LEAVE
Section 16.9 of the City's Personnel Rules and Regulations provides bereavement
leave as follows:
"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 40 hours for each immediate family occurrence
and 24 hours for each other family occurrence. Immediate family shall be defined
as spouse, children, parent, brothers, 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."
C. V ACA liON
1. Purpose of Annual Vacation Leave
Per Personnel Rules and Regulations, Section 16.1, 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. Probationary employees who have served less than six months in the
service of the City. However, vacation credits for this period shall be
granted to each such employee who later received a permanent
appointment.
b. Employees who work on a provisional basis, temporary basis, and all
employees who work less than 1040 hours a year.
2. Vacation Accrual Rates
Per Section 16.2 of the City's Personnel Rules and Regulations all employees
in miscellaneous, safety and permanent part-time positions shall earn vacation
credits as follows:
11
SEIU Local 715
Memorandum of Understanding 2002/04
Years of Service
Hours Accrued
Per Pay Period
11 days/3.38 hours per pay period
16 days/4.92 hours per pay period
19 days/S.8S hours per pay period
21 days/6A6 hours per pay period
Start of year 1 through completion of year 4
Start of year S through completion of year 10
Start of year 11 through completion of year 1S
Start of year 16 and thereafter
3. Use of Vacation
Per Personnel Rules and Regulations, Section 16.3, in order to be eligible for
full annual vacation, each employee shall be required to serve the equivalent
of one year 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, except in the case of probationary employees
who have served less than six months in the service of the City and are not
eligible to use vacation 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.
Effective July 2002, Personnel Rules and Regulations, Section 16.4, will read
as follows:
4. Vacation Schedules, Retention of Unused Vacation, and Payout of Vacation
Hours:
The times during the 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 need 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, vacation as of December 31 each year may
be retained as follows:
12
SEIU Local 715
Memorandum of Understanding 2002/04
Accrual Rate
Number of Hours Retainable
3.38 hours
4.92 hours
5.85 hours
6.46 hours
192 (24 days)
232 (29 days)
272 (34 days)
304 (38 days)
Vacation hours which exceed the number of hours retainable on the last day
of the pay period that contains December 31 of each year will be paid out
during the following February.
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.
D. MILITARY LEAVE
Per Personnel Rules and Regulations Section 16.14, 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.
E. JURY DUTY
Per Personnel Rules and Regulations Section 16.18, 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.
13
SEIU Local 715
Memorandum of Understanding 2002/04
F. FLOATING HOLIDAY USAGE RULES AND EXCEPTIONS
City proposes to amend Personnel Rules and Regulations Addendum A, II, as
follows:
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 end of the calendar year means the
last day of the pay period that includes 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.
The remainder of Addendum A, II shall remain unchanged.
VI. PROBATIONARY PERIOD
A. Obiective of Probationary Period
Section 9.1 of the Personnel Rules and Regulations provides that 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.
B. Duration of Probationary Period
Section 9.2 of the Personnel Rules and Regulations states that all original
appointments shall be tentative and subject to a probationary period. The
following classifications shall serve probationary periods as outlined below:
Police Records Specialists
Public Safety Dispatcher
Police Records Supervisor
Communications Supervisor
Community Services Officer
Property/Evidence Specialist
C. Extension of Probationary Period
One year
One year
One year
One year
One year
One year
Per Personnel Rules and Regulations Section 9.4, the Personnel Officer may
grant an extension of the probationary period, if the probationary employee
has been absent form his/her job for a consecutive period of four weeks or
more. If extended, the probationary period will be extended an amount equal
to the length of absence.
14
SEIU Local 715
Memorandum of Understanding 2002/04
D. Rejection of Probationer
Per Section 9.5 of the Personnel Rules and Regulations, 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.
E. Reiection Following Promotion
Per Section 9.6 of the Personnel Rules and Regulations, 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 if a vacancy exists, unless he/she is the subject of a disciplinary
dismissal in the manner provided in the Personnel Ordinance and the City's
Personnel Rules and Regulations. If the employee is rejected during the
probationary period following a promotional appointment, he/she is not the
subject of a disciplinary dismissal, and no vacancy exists in his/her former
classification, his/her name shall be placed on a re-employment list for his/her
former classification in the same manner as provided in the City's Personnel
Rules and Regulations Section 13.3.G.
VII. GRIEVANCE PROCEDURES
Personnel Rules and Regulations, Section 20.0, provides a grievance procedure as
follows:
1. Purpose of Grievance Procedures
a. To promote improved employer-employee relations by establishing
grievance procedures on matters for which appeal or hearing is not
provided by other regulations, Personnel Rules, or ordinances.
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:
15
SEIU Local 715
Memorandum of Understanding 2002/04
a. A current Memorandum of Understanding between the City and
Local 715.
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.
c. Disciplinary procedures excluding discharge. In the case of a
disciplinary discharge, Section 21.0 of the Personnel Rules and
Regulations - Appeal to the City Council- shall apply.
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
b. 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 3.b, Step 2) which shall contain the following
information:
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, or Personnel Rule Section alleged to have been
violated.
6. The remedies sought by the grievant.
7. Local 715 steward or official designated by the grievant to represent
him/her in the processing of the grievance.
8. The signature of the grievant, if the grievance is an individual
grievance, or signature of a recognized Local 715 representative if the
grievance is a unit grievance, that Local 715 is submitting on behalf of
the unit.
9. The date of the execution of the grievance form.
16
SEIU Local 715
Memorandum of Understanding 2002/04
The 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 regarding 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.
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 this 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 any 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 and 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
]7
SEIU Local 715
Memorandum of Understanding 2002/04
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 limit, except by mutual
agreement.
4. General Conditions For All Grievances
a. Any time limit set forth above 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.
VIII. SURVEY AGENCIES - POLICE RECORDS SPECIALIST
Effective January 2004, City proposes to remove the City of Newark from the survey
agencies used for Total Compensation comparison purposes for the classification of
Police Records Specialist. Comparative Total Compensation data for Police Records
Specialist will then be obtained from the following agencies if a comparable class exists:
Cupertino, Gilroy, Los Altos, Los Gatos, Milpitas, Mountain View, San Jose, Santa
Clara, Santa Clara County and Saratoga.
IX. RETROACTIVITY
All proposals will be effective as indicated if agreement is reached by August 20, 2002.
If agreement is not reached by August 20,2002, compensation adjustments will not be
effective until the first day of the first pay period after City Council ratification of the
M.O.U.
18
X. RA TIFICA TION
SEIU Local 715
Memorandum of Understanding 2002/04
This MOU is subject to ratification by a majority vote of the employee organization
represented herein within ten (10) days of execution by Local 715 and by approval of a
majority of the City Council of the City of Campbell within twenty (20) days of the date
of execution.
EXECUTED THIS~;r( DAY OF 11 J(J Ile!-2002 BY THE EMPLOYER-EMPLOYEE
REPRESENTATIVES WHOSE SiGNl'TtJRES APPEAR BELOW, FOR THEIR
RESPECTIVE ORGANIZATION.
CITY REPRESENTATIVES
j :\2002mous\seiu
19