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CC Resolution 9698 RESOLUTION NO. 9698 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 5th day of July 2000, by the following roll call vote: AYES: Councilmembers: Dougherty, Furtado, Watson, Dean, Kennedy NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: ATTEST: t2-~ Anne Bybee, City Clerk .. . 1 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 Service Employees 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 6647, 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 B. Personnel Rules and Reaulations 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. C. Terms of Understandina 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, 2000 and ending June 30, 2002. 1 . . ~ SEIU Local 715 MOU July 2000 - June 2002 I. GENERAL CONDITIONS (CONT.) D. Existino 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. E. Maintenance of Membership Effective upon execution of this MOU (July 2000) and except as otherwise provided herein, each employee who is a member in good standing of Service Employees International Union, Local 715, shall thereafter, as a condition of employment, maintain such membership for the duration of the MOU except as otherwise provided herein, to the extent of paying the periodic dues uniformly required by Local 715 as a condition of retaining membership. Any employee who, upon execution of this MOU, is not a member of Local 715 or any person who becomes an employee after execution, shall not be required to become a member as a condition of employment. Any such employee who thereafter becomes a member shall thereafter maintain such membership for the duration of the MOU except as otherwise provided herein. Any employee who, upon execution of this MOU, was a member of Local 715 and any employee who subsequently becomes a member may, during the period beginning June 1, 2002 through and including June 30, 2002, resign such membership and thereafter shall not be required to join as a condition of employment. Resignations shall be submitted on the prescribed form provided by the Personnel Office. Local 715 shall indemnify the City and hold it harmless against any and all suits, claims, demands and liabilities that may arise out of or by reason of the application of or implementation of any provision of this section. II. UNION SECURITY A. Release Time Members of the Local 715 negotiating team who are required to attend a "meet and confer session" during on duty hours will be given one hour of release time before and one hour of release time after each session. This release time does not have to be used immediately before or 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 negotiation session. 2 SEIU Local 715 MOU July 2000 - June 2002 B. Union Dues 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 Pavroll Deductions - Emplovee Oraanizations: 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 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 bv the emplovee oraanization, 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 10, 2000, the salaries of all classifications represented by Local 715 shall be increased by five percent (5.0%). B. Effective January 8, 2001, Public Safety Dispatchers and Communications Supervisor will receive a special adjustment of one and three-fourths of one percent (1.75%). C. Effective the first day of the first pay period of July, 2001, the salaries of all classifications represented by Local 715 shall be increased by four percent (4.0%). 3 SEIU Local 715 MOU July 2000 - June 2002 IV. OTHER PROVISIONS A. Benefit Cost Adiustments July 1. 2000 The City will be responsible for any increase to the PERS employer contribution rate. The City will provide $88.57 per month per employee for the City's current dental coverage, including an annual maximum per patient benefit of $1,500 and orthodontia coverage with a $1,000 per patient lifetime benefit (increase of $5.93 per month). Effective August, 2000, the City will provide $18.50 per month per employee to provide an increase in Local 715's life insurance benefit to $50,000. This is an increased benefit cost of $11.10 per month. The City will provide $7.37 per month for the Employee Assistance Program. The City will provide $46.50 per month per employee for Long Term Disability Insurance. The maximum benefit is $2,000 per month (increased cost of $3. OO/month). July 1. 2001 The City will be responsible for any increase to the PERS employer contribution rate. The City will provide an additional $8.87 per month (as well as any July 2001 increase) in dental insurance 10 increase the annual per patient benefit to $2,000 and orthodontia coverage to a $1,500 per patient lifetime benefit. 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 costs. B. Health Insurance Benefit Proaram Effective July 2000, the City will provide a maximum of $510 per month for health insurance. Any unused portion of the health insurance allotment will be rebated to the employee, up to a maximum of $100 per month. Effective January 2001, the City will provide a maximum of $16 per month for health insurance and $504 per month in an additional Section 125 allotment for health and optional benefits ($520 per month total). Any unused portion of the allotment will be rebated to the employee, up to a maximum of $100 per month. 4 SEIU Local 715 MOU July 2000 - June 2002 Effective January 2002, the City will provide a maximum of $16 per month for health insurance and $524 per month in an additional Section 125 allotment for health and other optional benefits ($540 per month total). Any unused portion of the allotment will be rebated to the employee, up to a maximum of $100 per month. C. CalPERS Health Insurance Proaram City plans to implement the CalPERS Health Insurance Program in January 2001. D. Section 125 Flexible Benefits Plan City plans to implement a Section 125 Flexible Benefits Program in January 2001. E. Vision Plan Effective August 2000, the City will provide $13.92 per month to provide Local 715 represented employees the City Vision Services Plan, Plan B, employee only, with a ten dollar ($10) copayment. Contingent upon agreement with other units for higher benefit levels, effective July 2001, City will provide $29.93 per month to provide Local 715 members with the City's Vision Services Plan, Plan B, with a $10 co-payment. F. Retiree Award Proaram 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. · Employees who become Medicare eligible will no longer be eligible for benefits. · 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 $120 per month. 5 SEIU Local 715 MOU July 2000 - June 2002 G. Deferred Compensation In recognition of Local 715's concern for future medical insurance costs of prospective Local 715 retirees, effective July 2000, the City will contribute $38 per pay period to Local 715 employees' ICMA Deferred Compensation Accounts. Effective July 2001, the City will provide $47 per pay period in a Deferred Compensation Account. H. Uniform Allowance Effective July 2000, the City will continue to provide a uniform allowance for Police Records Specialists and the Police Records Supervisor of $ 575 per year. I. Catastrophic IIIness/EmerQencv 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. 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. 6 SEIU Local 715 MOU July 2000 - June 2002 J. Holidav Pav/Floatina Holidavs 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. K. Compensatory Time Accrual Ceilino The City will increase the compensatory time accrual ceiling for Local 715 members to 120 hours. The balance of section 16.23 of the Personnel Rules shall remain unchanged. L. Section 17.10 Meal Reimbursement - Local 715 Represented Employees City will modify the current meal reimbursement provision as follows: Employees represented by Local 715 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. M. 17.11 Workina Out of Class Pay - Employees Represented by Local 715 City will amend Section 17.11 of the Personnel Rules and Regulations 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 $2.50 per hour for the working-in-higher-class assignment. A Police Records Supervisor or Communications Supervisor assigned as Acting Division Supervisor will receive $2.50 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. N. 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 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 7 SEIU Local 715 MOU July 2000 - June 2002 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. O. Tuition Reimbursement Effective July 2000, City proposes to modify Personnel Rules and Regulations, Section 18.3.A to increase tuition reimbursement for accredited college courses to a maximum of $1,000 per fiscal year. Additionally, City proposes to remove the distinction between reimbursement for "courses directly related to a departmental function and/or leading to a job related degree:, and "not directly related but of general value". (formerly 1 00% vs. 50% reimbursement). Effective July 2001, the maximum reimbursement will be increased to $1,500 per year. All other provisions of Section 18.3.A will remain unchanged. P. Council Aaenda 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 Q. Budaet and Annual Report The City will provide Local 715 a City Budget and Comprehensive Annual Financial Report. R. Bilinaual Pav Local 715 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 $35 per pay period as Bilingual Pay. In order to be eligible for Bilingual Pay, the Police Chief must certify that the employee 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. S. PERS CONTRACT AMENDMENT Following completion of the 2000 meet and confer process with Miscellaneous bargaining units and during the 2000-01 fiscal year, City will amend its PERS contract to provide Military Service Credit as Public Service, per Government Code Section 21024. 8 SEIU Local 715 MOU July 2000 - June 2002 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 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 City proposes to amend Personnel Rules and Regulations, section 16.11, to add a compensation provision, in addition to the current provision for compensation upon termination, retirement, or death of an employee, that states the City shall pay for unused sick leave as follows: 9 SEIU Local 715 MOU July 2000 - June 2002 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: The additional provision is as follows: "Once each year, between February 1 st and 15th, 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 35% of the hours or 70 hours. Once compensated, Employee's Sick Leave balance would be 288 hours.)" 20% at terminal pay rate 35% at terminal pay rate 50% at terminal pay rate B. BEREAVEMENT 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. VACATION 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. 10 SEIU Local 715 MOU July 2000 - June 2002 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: Years of Service Start of year 1 through completion of year 4 11 days/3.38 hours per pay period Start of year 5 through completion of year 10 16 days/4.92 hours per pay period Start of year 11 through completion of year 15 19 days/5.85 hours per pay period Start of year 16 and thereafter 21 days/6A6 hours per pay period Hours Accrued Per Pay Period 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. 11 SEIU Local 715 MOU July 2000 - June 2002 4. Vacation Schedules and Retention of Unused Vacation Per Section 16.4 of the City's Personnel Rules and Regulations, 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: Accrual Rate 3.38 hours 4.92 hours 5.85 hours 6.46 hours Number of Hours Retainable 192 (24 days) 232 (29 days) 272 (34 days) 304 (38 days) Payout of hours which exceed the number of hours retainable on December 31 of each year, will not exceed the number of hours of vacation time taken by the employee during the preceding 12 months. Hours in excess of the number of hours retainable which are not eligible for payout may be carried over into the next calendar year and must be scheduled for use by the employee prior to March 31 of that calendar year. Excess vacation hours which are not used by the employee during that three month period will be scheduled as mandatory vacation time off at a time to be determined by the department head. 5. Vacation Pavon 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 Jump 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. 12 SEIU Local 715 MOU July 2000 - June 2002 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. VI. PROBATIONARY PERIOD A. 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. B. Duration of Probationary Period The following classifications shall serve probationary periods as outlined below: Police Records Specialists Public Safety Dispatcher Police Records Supervisor Communications Supervisor One year One year One year 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. 13 SEIU Local 715 MOU July 2000 - June 2002 c. Extension of Probationary Period 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." D. 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. E. Reiection FollowinQ 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 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 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. 14 SEIU Local 715 MOU July 2000 - June 2002 2. Definition. Scope, and Riaht 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 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. 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 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 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. 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. 8. The signature of the grievant. 15 SEIU Local 715 MOU July 2000 - June 2002 9. The date of the execution of the grievance form. 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. 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 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. 16 -' SEIU Local 715 MOU July 2000 - June 2002 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 limited, 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. RETROACTIVITY All proposals will be effective as indicated if agreement is reached by June 30,2000. If agreement is not reached by June 30, 2000, compensation adjustments will not be effective until the first day of the first pay period after City Council ratification of the M.O.U. 17 ,. -~ SEIU Local 715 MOU July 2000 - June 2002 IX. RATIFICATION 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 DAY OF ,2000 BY THE EMPLOYER-EMPLOYEE REPRESENTATIVES WHOSE SIGNATURES APPEAR BELOW, FOR THEIR RESPECTIVE ORGANIZATION. CITY REPRESENTATIVES LOCAL 715 --\U~,~ _/~, ~A1 tf-ftt7 18