CC Resolution 9408
RESOLUTION NO. 9408
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 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 21st of July, 1998, by the following roll call vote:
AYES:
Counci1members: Conant, Furtado, Dougherty, Dean, Watson
NOES:
Counci1members: None
ABSENT:
Counci1members: None
APPROVED:
ATTEST:
Qd
. I' ~^-
Anne Bybee, City Clerk
MEMORANDUM OF UNDERSTANDING ON
W AGES, 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 Emplovees International Union, hereinafter referred to as
"Local 715."
ST ATE 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 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.
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l. GENERAL CONDITIONS (eont.)
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, 1998 and ending June 30, 2000.
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.
E. Maintenance of Membership
Effective upon execution of this MOU (July 1998) 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,
2000 through and including June 30, 2000, 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
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II. UNION SECURITY (cont.)
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.
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 as follows:
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 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 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 notiiied of the proper payee indicating the individual and address
to whom the check is to be delivered.
III. COMPENSATION ADJUSTMENTS
A. Effective July 13, 1998, the salaries of all classifications represented by Local 715 shall be
increased by four percent (4.0 %). (See Appendix A).
B. Effective the first day of the first pay period of July, 1999, the salaries of all classifications
represented by Local 715 shall be increased by four percent (4.0%). (See Appendix B).
IV. OTHER PROVISIONS
. .
A. Benefit Cost Adjustments
Julv 1, 1998
The City will be responsible for any increase to the PERS employer
contribution rate.
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IV. OTHER PROVISIONS (continued)
The City will provide $78.65 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.
The City will provide $7.40 per month per employee for the current level of life insurance.
The City will provide $6.95 per month for the Employee Assistance Program.
The City will provide $43.50 per month per employee for Long Tern: Disability Insurance.
The maximum benefit is $2,000 per month.
July 1, 1999
The City will be responsible for any increase to the PERS employer contribution rate.
The City will be responsible for any increase in dental insurance costs.
The City will be responsible for any increase in 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 Proeram
Effective July, 1998, the City will provide a maximum of $450 per month for health
insurance. Any unused portion of the health insurance allotment will be rebated to the
employee, up to a maximum of $1 00 per month. (See Appendix C).
Effective July, 1999, the City will provide a maximum of $485 per month for health
insurance. Any unused portion will be rebated to the employee, up to a maximum of $100
per month.
C. Vision Plan
Effective July 1998, the City will provide $27.00 per month per Local 715
represented employee to Local 715 for purposes of providing a vision plan for Local 715
represented employees (Employee + Dependents). The City will provide these funds in
two installments, to Local 715, as follows:
By July 31, 1998, the City will provide $2,592 to provide six months (July 1 -
December 31, 1998) of coverage for the sixteen represented employees 'of.
Local 715. By January 31, 1999, the City will provide $2,592 to provide six months
(January 1 - June 30, 1999) of coverage for sixteen represented employees of Local
715.
. By July 31. 1999, the City \vill provide $2.592 to provide six months (July 1999 -
December 1999) of coverage. By January 31, 2000, the City will provide $ 2,592 to
provide six months (January 2000 - June 2000) of coverage for represented
employees.
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IV. OTHER PROVISIONS (continued)
. The City will not be responsible for administering the plan or providing any
information to Local 715 represented employees. Should any Local 715 represented
employee terminate or a new Local 715 represented employee be hired during the
term of the M 0 U, the City will notify Local 715.
D. Retiree Medical Pro2;ram
Effective July 1998, the City's Retiree Medical Program will contain the following
eligibility requirements and benefits:
. 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.
. Payment for medical coverage for the retiree only (not dependents) on a reimbursement
basis, as follows:
For employees who have completed at least 25 years of service with the City
of Campbell, reimbursement will be a maximum of $1 00 per month.
F or employees who have completed at least 20 years of service with the City
of Campbell, but less than 25 years of service, reimbursement will be a
maximum of $80 per month.
E. Deferred Compensation
In recognition of Local 715's concern for future medical insurance costs of prospective
Local 715 retirees, effective July 13, 1998, the City will contribute $21.00 per pay period
to Local 715 employees' ICMA Deferred Compensation Accounts. Effective July 1999,
the City will increase the Deferred Compensation contribution to $29.00 per pay period.
F. Uniform Allowance
Effective July I, 1998, the City will increase the uniform allowance for Police Records
Specialists and the Police Records Supervisor to $5)0 per year.
Effective July 1, 1999, the City will increase the uniform allowance for Police Records
Specialists and the Police Records Supervisor to $575 per year.
. .
G. Catastrophic IIlness/Emer2;enCY 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.
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IV. OTHER PROVISIONS (cont.)
,
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.
--,
-'.
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 holidays 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 to 110 hours for employees
represented by Local 715. The balance of section 16.23 of the Personnel Rules shall
remain unchanged.
,J. Section 17.10 Meal Reimbursement - Local 715 Represented Employees
The current meal reimbursement provision will remain in effect for the term of lhis MOU
and reads as follows:
Employees represented by Local 715 will receive a meal allowance of $9.60 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.
K. 17.11 Working Out of Class Pay - Employees Represented by Local 715
Section 17. I I of the Personnel Rules and Regulations will remain unchanged and wi II
read:
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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 wo:-king 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 $2.35 per hour for the working-in-higher-
class assignment. A Police Records Supervisor or Communications Supervisor assigned as
Acting Division Supervisor will receive $2.35 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.
L. 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 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.
M. Tuition Reimbursement
Effective July 1998, the current tUItIOn reimbursement program will be modified to
increase the maximum fiscal year reimbursement to $725, per the terms defined in Section
18.3.A.1 of the City's Personnel Rules and Regulations.
N. Council A2enda
The City shall provide to Local 715 City Council Agendas and City Council Agenda
Packets. One Agenda Packet will be mailed to Local 715 by the City Clerk's Office,
together with the regular Agenda distribution
o. Bud2et and Annual Report
The City will provide Local 715 a City Budget and Comprehensive Annual Financial
Report.
. .
P. Bilin2ual Pay
Local 715 employees who are certitied 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 regularly has a need to use his/her bilingual skills in communicating with
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IV. OTHER PROVISIONS (cont.)
members of the community. Additionally. the employee must pass a certification test
completed by a trained professional.
Q. Evaluation of Employee Performance
Section 10.1 of the Personnel Rules and Regulations will be amended to read:
It is the responsibility of department heads and/or supervisors to prepare periodic
evaluations of performal1ce 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 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, pern1anent status, and merit
mcreases.
R. PERS 1959 Survivor Benefit
The City proposes to increase the 1959 Survivor Benefit for Miscellaneous
employees from Level 1 to Level 3. If accepted by all three bargaining units that
represent Miscellaneous employees. the City proposes to begin the PERS contract
amendment process to modify this benefit, upon approval of Memorandums of
Understanding with the bargaining units representing Miscellaneous employee~. ·
v. LEAVE PROVISIONS
A. Sick Leave
1. Sick Leave Accrual
Pcr the provisions of Section 16.6 of the City's Personnel Rules and Regulations, for all
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V. LEAVE PROVISIONS (continued)
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
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 II through completion of year 15:
20% at terminal pay rate
Start of year 16 through completion of year 20 :
35% at terminal pay rate
Start of year 21 and therealicr:
50% at terminal pay rate
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B. BEREA VEMENT LEAVE
Section 16.9 of the City's Personnel Rules and Regulations will be amended 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.
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 III
miscellaneous, safety and permanent part-time positions shall earn vacation credits as
follows:
Hours Accrued
Per Pay Period
Years of Service
Start of year I through completion of year 4 II 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 II through completion of year 15 19 days/5.85 hours per pay period
Start of year 16 and thereafter 21 days/6.46 hours per pay period
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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 anr:1 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.
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
Number of Hours Retainable
5.85 hours
192 (24 days)
232 (29 days)
272 (34 days)
304 (38 days)
3.38 hours
4.92 hours
6.46 hours
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.
I.lours 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.
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5. Vacation Pavon Separation
Employees who terminate employment shall be paid in a lump spm 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 c-ervice 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.
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 Sal'ety Dispatcher
Police Records Supervisor
Communications Supervisor
One year
One year
One year
One year
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VI. PROBATIONARY PERIOD (continued)
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.
C. Extension of Probationary Period
Section 9.4 of the City's Personnel Rules and Regulations will be amended as follows:
"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. 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.
E. 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 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
ongll1.
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VII. GRIEVANCE PROCEDURES (cont.)
.
d. To provide that appeals shall be conducted as informally as possible.
2. Definition. Scope. and Rh!ht 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
representati ve.
8. The signature of the grievant.
14
SEIU Local 715
7/98-6/30/00
VII. GRIEVANCE PROCEDURES (cont.)
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 re the grievance prior to the submittal of
the formal grievance, the employee will be required to submit a 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.
The Committee shall conduct a hearing on the grievance within thirty (30)
calendar days fi'om the date the grievance is filed at this step and shall render its
decision within fifteen (15) working days ti.om the conclusion of the hearing.
15
SEIU Local 7I:5
7/98-6/30/00
VII. GRIEVANCE PROCEDURES (cont.)
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 un budgeted
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
entitlcd 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
opcrations.
d. The City Manager's Office shall serve as the central repository for all gnevance
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 July 15, 1998. If
agreement is not reached by July 15, 1998, compensation adjustments will not be effective
until the first day of the first pay period after City Council ratification of the M.O.U.
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 twcnty(20) clays of thc date of cxecution.
16
SEIU Local 715
7/98-6/30/00
EXECUTED THIS ,1 ~ DAY OF -M- 1998, BY THE EMPLOYER-
EMPLOYEE REPRESENTATIVES, WHOSE SIGNATURES APPEAR BELOW, FOR THEIR
RESPECTIVE ORGANIZATION.
CITY REPRESENTATIVES
LOCAL 715
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17
CITY OF CAMPBELL
SEIU Local 715
7/98-6/30/00
APPENDIX A
SEIU LOCAL 715 SALARY RANGES - EFFECTIVE JUL Y 13, 1998
Monthlv
CLASSIFICA nON
A STEP
communications Supervisor
Police Records Specialist
Police Records Supervisor
public Safety Dispatcher
4036.90
2853.58
3629.83
3490.84
B STEP
4239.23
2996.98
3812.95
3666.35
18
C STEP 0 STEP
4451.30 4673.14
3147.55 3305.29
4003.60 4204.28
3849.19 4041.76
ESTEP
4907.17
3470.19
4415.00
4244.09
SEIU Local 7I 5
7/98-6/30/00
CITY OF CAMPBELL
APPENDIX B
SEIU LOCAL 715 SALARY RANGES
EFFECTIVE FIRST PA Y PERIOD JUL Y 1999
Monthlv
CLASSIFICA TlON
A STEP
B STEP C STEP 0 STEP ESTEP
Communications supervisor
Police Records Specialist
Police Records Supervisor
PUblic Safety Dispatcher
4198.38
2967.72
3775.02
3630.47
4408.80 4629.35 4860.07 5103.46
3116.86 3273.45 3437.50 3609.00
3965.47 4163.74 4372.45 4591.60
3813.00 4003.16 4203.43 4413.85
19
S.C.C. PREFERRED 100 PLAN
7/98
SEIU Local 715
7/98-6/30/00
APPENDIX C
SEIU LOCAL 715
Monthly Monthly Monthly
Premium City Pays* Deduction Rebate
($100 Cap)
$338.96 $450.00 $100.00
$569.55 $450.00 $119.55
Type of
Coverage
Self
Self and one
or more
dependents
LIFEGUARD
7/98
SEIU LOCAL 715
Type of Monthly
Coverage Premium
Self $196.40
Self and $392.75
one dependent
Self and more $524.65
than one dependent
Monthly Monthly
City Pays* Deduction Rebate
($100 Cap)
$450.00 $100.00
$450.00 $ 57.25
$450.00 $74.65
KAISER
7/98
SEIU LOCAL 715
Type of Monthly Monthly Monthly
Coverage Premium City Pays* Deduction Rebate
($100 Cap)
. .
Self $160.38 $450.00 $100.00
Self and One $320.76 $450.00 $100.00
Dependent
Self and more $453.87 $450.00 $ 3.87
than one Dependent
20
SEIU Local 715
7/98-6/30/00
DATE:
July 2, 1998
TO:
SEIU Negotiating Committee
FROM:
City Negotiating Committee
SUBJECT: ITEMS NOT ADDRESSED IN JULY 1998 M.O.U.
In light of SEIU's concern that SEIU members be aware of the provisions of the California
Family Rights Act of 1993 and the Federal Family and Medical Leave Act of 1993, the
following employee notices are provided as attachments to this memo:
1. Notice - Family Care and Medical Leave (CFRA) and Pregnancy Leave
(This notice is provided periodically to all employees)
2. Your Rights Under the Family and Medical Leave Act of 1993
(This notice is posted on departmental bulletin boards)
. .
21
SEIU Local 715
7/98-6/30/00
CITY OF CAMPBELL
1995
NOTICE
FAMILY CARE AND MEDICAL LEAVE (CFRA LEAVE)
AND PREGNANCY DISABILITY LEAVE
Under the California Family Rights Act of 1993 (CFRA), if you have more than 12 months of
service with us and have worked at least 1,250 hours in the 12-month period before the date
you want to begin your leave, you may have a right to an unpaid family care or medical leave
(CFRA leave). This leave may be up to 12 workweeks in a 12-month period for the birth,
adoption, or foster care placement of your child or for your own serious health condition or
that of your child, parent or spouse.
Even if you are not eligible for CFRA leave, if disabled by pregnancy, childbirth or related
medical conditions, you are entitled to take a pregnancy disability leave of up to four months,
depending on your period(s) of actual disability. If you are CFRA-eligible, you have certain
rights to take BOTH a pregnancy disability leave and a CFRA leave for reason of the birth of
your child. Both leaves contain a guarantee of reinstatement to the same or to a comparable
position at the end of the leave, subject to any defense allowed under the law.
If possible, you must provide at least 30 days advance notice for foreseeable events (such
as the expected birth of a child or a planned medical treatment for yourself or of a family
member). For events which are unforeseeable, we need you to notify us, at least verbally,
as soon as you learn of the need for the leave.
Failure to comply with these notice rules is grounds for, and may result in ,deferral of the
requested leave until you comply with this notice policy.
We may require certification from your health care provider before allowing you a leave for
pregnancy or your own serious health condition or certification from the health care provider
of your child, parent, or souse who has a serious health condition before allowing you a
leave to take care of that family member. When medically necessary, leave may be taken
on an intermittent or a reduced work schedule. . ·
Yon.. Right~
Under tllc
FaDlily and Medical Leave Act of 1993
FMLA requires covered employers to provide 12 weeks of
unpaid, job-protected leave to "eligible" employees for certain
family and medical reasons. Employees are eligible if they
Reasons For Taking Leave:
Unpaid leave must be granted for any of the following
reasons:
· to care for the employee's child after birth, or placement
for adoption or foster care;
· to care for the employee's spouse, son or daughter, or
parent who has a serious health condition; or
· for a serious health condition that makes the employee
unable to perform the employee's job.
At the employee's or employer's option, certain kinds of paid
leave may be substituted for unpaid leave.
Advance Notice and Medical .
Certification:
The employee may be required to provide advance leave
notice and medical certification. Taking of leave may be
denied if requirements are not met.
· The employee ordinarily must provide 30 days advance
notice when the leave is "foreseeable".
· An employer may require medical certification to support
a request for leave because of a serious health condition,
and may require second or third opinions (at the
employer's expense) and a fitness for duty report to
return to work.
Jotr Benefits and Protection:
· For the duration of FMLA leave, tile employer must
maintain the employee's health coverage under "group
health plan".
~
U.s. Department of Labor
Employment Standards Administration
Wage and Hour Division
Washington, D.C. 20210
have worked for a covered employer for at least one
year, and for 1,250 hours over the previous 12 months,
and if there are at least 50 employees within 75 miles.
· Upon return from FMLA leave, most employees must
be restored to their original or equivalent positions
with equivalent pay, benefits, and other employment
terms.
· The use of FMLA leave cannot result in the loss of
any employment benefit that accrued prior to the
start of an employee's leave.
Unlawful Acts By Employers:
FMLA makes it unlawful for any employer to:
· interfere with, restrain, or deny the exercise of any
right provided under FMLA;
· discharge or discriminate against any person for
opposing any practice made unlawful by FMLA or for
involvement in any proceeding under or relating to
FMLA.
Enforcement:
· The U.s. Department of Labor is authorized to
investigate and resolve complaints of violations.
· An eligible employee may bring a civil action against
an employer for violations.
FMLA does not affect any Federal or State law
prohibiting discrimination, or supersede any State or local
law or collective bargaining agreement which provides
greater family or medical leave rights.
For Additionallnform~tion:
Contact the nearest office of the Wage and Hour
Division, listed in most telephone directories under
u.s. Government, Department of Labor.
. .
WH Publiciation 1420
June 1993
. USGPO 353-606