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CC Resolution 9407 .r ". RESOLUTION NO. 9407 A RESOLUTION AMENDING THE COMPENSATION AND WORKING CONDITIONS FOR CLASSIFIED NON-MANAGEMENT EMPLOYEES REPRESENTED BY THE EMPLOYEE ORGANIZATIONS 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, Memorandums of Understanding for salaries, benefits and working conditions have been approved and executed by the authorized representatives of the Campbell Municipal Employees Association, the Millmen and Industrial Carpenters, Local 262, and City Council representatives; and WHEREAS, the City Council of the City of Campbell desires to ratify and adopt the provisions included in the Memorandums of Understanding attached. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell does hereby approve and ratify the Memorandums 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: /' ~ Jeanette Watson, Mayor ATTEST: ~aL^-- 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 is between the authorized representatives of the City Council of the City of Campbell, hereinafter referred to as "City," and the authorized representatives of Campbell Municipal Employees Association. hereinafter referred to as "CMEA." 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. 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. B. 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. C. 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. . I. GENERAL CONDITIONS (continued) D. Represented Classifications Accountant Account Clerk I Account Clerk II Administrative Aide Assistant Engineer Associate Planner Building Inspector Building Maintenance Lead Worker Building Maintenance Worker I Building Maintenance Worker II Clerk- Typist Code Enforcement Officer Community Center Coordinator Deputy City Clerk Engineering Aide I Engineering Aide II Engineering Technician I Engineering Technician II II. COMPENSATION ADJUSTMENTS CMEA 7/98 - 6/30/00 Food Server (PPT) Historic Museum Supervisor Housing & Comm Dev. Coord (PPT) Junior Engineer Nutrition Site Manager (PPT) Planner I Planner II Principal Clerk Public Works Inspector Recreation Program Coordinator Recreation Supervisor Redevelopment Coordinator Secretary Senior Building Inspector Senior Clerk-Typist Senior Engineering Technician Senior Services Supervisor Utility Worker A. Effective July 13, 1998, the salaries of all classifications represented by CMEA shall be increased by four percent (4.0%). B. Effective the first day of the first pay period of July 1999, the salaries of all classifications represented by CMEA shall be increased by four percent (4.0%). III. OTHER PROVISIONS A. Benefit Cost Adjustments July 1. 1998 The City will be responsible for any increase to the PERS employer contribution rate. The City will provide $78.65 per month for the current dental coverage, including an annual maximum per patient benefit of $1,500, and orthodontia coverage with a $1,000 per patient lifetime benefit. Orthodontia coverage will be effective August 1998. The City will provide $7.40 per month for life insurance. The City will provide $6.95 per month for the Employee Assistance Program. 2 ~ CMEA 7/98 - 6/30/00 Benefit Cost Adiustments (continued) The City will provide a maximum of$43.50 per month for Long Term Disability Insurance. The maximum benefit is $2,000.00 per month. Julv 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 Program Effective July 1998, the City will provide a maximum of $385 per month for health insurance. Any unused portion of the health insurance allotment will be rebated to the employee, up to a maximum of $220 per month. Effective July 1999, the City will provide a maximum of $400 per month for health insurance. Any unused portion will be rebated to the employee, up to a maximum of $220 per month. C. Tuition Reimbursement Effective July 1998, the current tuition reimbursement program will be continued to provide a maximum tuition reimbursement to $725 per fiscal year per the terms defined in section 18.3 .A.l of the Personnel Rules and Regulations. D. Deferred Compensation In recognition of CMEA's concern for future medical insurance costs of prospective CMEA retirees, effective July 1998, the City will contribute $20 per pay period to each full time CMEA employee's ICMA Deferred Compensation account. The contribution for permanent part time CMEA employees will be prorated accordingly. Effective July 1999, the City will increase the contribution to the CMEA employee's ICMA Deferred Compensation account to $30 per pay period. E. Retiree Medical Program Effective July 1998, the City's Retiree Medical Program will contain the following eligibility requirements and benefits: 3 , CMEA 7/98 - 6/30/00 Retiree Medical Program (continued) . 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. For 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. F. PERS 1959 Survivor's Benefit The City proposes to increase the 1959 Survivor Benefit for Miscellaneous employees from Levell 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 employees. G. Vision Plan Effective August 1998, the City proposes to provide $14.55 per month, per employee, to add a vision plan for employees only, consisting of Vision Services Plan, Plan B, with a $10.00 co-payment. Effective July 1999, the City will be responsible for any increase in the vision plan. H. Alternative Work Schedule CMEA and City agree to the formation of a committee consisting of two (2) Management representatives and two (2) CMEA representatives, to examine the feasibility of a 9/80 work schedule per the parameters presented to CMEA by City. If upon its review, the committee finds that a 9/80 schedule is feasible, the committee will: develop a twelve month trial concept, including any policies or practices that would require modification; identify items to track and evaluate; document the proposed 9/80 concept in writing; and report back to the City Negotiating Committee and CMEA Negotiating Committee. If a 9/80 schedule is recommended by the 9/80 Review Committee, City and CMEA will meet and confer regarding the impacts of the alternative schedule on matters within the scope of representation. Ifthe Review Committee finds that a 9/80 schedule is not feasible, the Committee will report these findings to the City Negotiating 4 CMEA 7/98 - 6/30/00 Alternative Work Schedule (continued) Committee and CMEA Negotiating Committee and no further discussions regarding alternative work schedules will take place between City and CMEA during the term of this M.O.V. I. December 24th City Hall and Community Center Half Day Closure Effective December 1998, City Hall (with the exception of the Police Department) and Community Center Offices will close at 12:00 Noon on December 24, when December 24 falls on a Monday through Friday. All employees in these two locations represented by CMEA will charge four (4) hours of time to one of the following of their accrued time banks to provide for the four (4) hours of time off: Vacation, Floating Holiday, or Compensatory Time Off. Permanent Part-Time employees will charge an amount of time to one of these accrued time banks to appropriately correspond with their normal work schedule. If an employee has no accrued time balances to charge, he/she will use leave of absence without pay to provide for the time off. IV. PERSONNEL RULE MODIFICATIONS The City's Personnel Rules and Regulations will be amended as follows: 1. Section 9.4 Extension ofProbationarv Period Section 9.4 will be modified to read: "The Personnel Officer may grant an extension of the probationary period, if the probationary employee has been absent from hislher 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 the absence." 2. Section 10.1 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 performance results to measure and record the employee's actual performance. Strengths and weaknesses will be documented and recommended courses of corrective action outlined for correction and improvement. Such service rating plans shall measure, as objectively as possible, both quantity and quality of work, the manner in which the service is rendered, and the observance of regulations and procedures properly governing the performance of duties. A. Performance ratings shall accompany all requests for merit increases. Employees at the "E" step shall have their performance evaluated annually, with the exception of those departments that require regular performance rating throughout the year. 5 CMEA 7/98 - 6/30/00 Section 10.1 Evaluation of Emplovee Performance (continued) 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, permanent status, and merit increases. 3. Section 16.9 - Bereavement Leave Section 16.9 (Bereavement Leave) will be modified to read: "Bereavement leave with pay shall be granted to all probationary, provisional, permanent, part-time and regular full-time employees. Bereavement leave will not be charged against the employee's sick leave account. Employees working a 40-hour workweek shall be granted five (5) days for each immediate family occurrence and three (3) days for each other family occurrence. Immediate family shall be defined as spouse, children, parent, brothers and sisters, or other individuals whose relationship to the employee is that of a dependent or near dependent. Other family members shall be defined as the employee's grandparents, step-children, father- in-law and mother-in-law". 4. Section 20.0 Grievance Procedures Section 20.0 (Definitions, Scope, and Right to File) will be modified as follows: · Remove Section 20.2.C, thereby eliminating administrative procedures from the definitions of grievance. · Add".. . excluding, however any proVISIOn that specifically provides that the decision of the City Manager or other City Official shall be final" to Section 20.2.B. V. RETROACTIVITY All proposals will be effective as indicated if agreement is reached by July 14, 1998. If agreement is not reached by July 14, 1998, compensation adjustments will not be effective until the first day of the first pay period after City Council ratification of the M.O.V. 6 CMEA 7/98 - 6/30/00 VI. RATIFICATION This M.O.v. is subject to ratification by a majorIty vote of the employee organization represented herein within ten (10) days of execution by CMEA 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 //;7/<"'-- DAY OF JULY, 1998 BY THE EMPLOYER- EMPLOYEE REPRESENTATIVES, WHOSE SIGNATURES APPEAR BELOW, FOR THEIR RESPECTIVE ORGANIZATION. CITY REPRESENTATIVES CAMPBELL MUNICIPAL EMPLOYEES ASSOCIATION g~~~~ ~~- . {~~ H:\Labor\98CMEA 7 MEMORANDUM OF UNDERSTANDING ON WAGES, EMPLOYEE BENEFITS, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT PARTIES TO UNDERSTANDING This Memorandum of Understanding is between the authorized representatives of the City Council of the City of Campbell, hereinafter referred to as "City," and the authorized representatives of Millmen and Industrial Carpenters. Local 262, hereinafter referred to as "MIC." 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. Personnel Rules and Reoulations 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. B. Terms of Understandinq 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. C. 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. MilImen and Industrial Carpenters, Local 262 7/98-6/30/00 D. Represented Classifications Equipment Maintenance Supervisor Mechanic I Mechanic" Park Maintenance Worker I Park Maintenance Worker 1/ Park Maintenance Lead Worker Lighting & Traffic Signal Tech Lighting & Traffic Signal Supervisor Street Maintenance Lead Worker Street Maintenance Worker I Street Maintenance Worker 1/ II. COMPENSATION ADJUSTMENTS A. Effective July 13, 1998, the salaries of all classifications represented by MIC shall be increased by four percent (4.0%). B. Effective the first day of the first pay period of July, 1999, the salaries of all classifications represented by MIC shall be increased by four percent (4.0%). III. OTHER PROVISIONS A. Benefit Cost Adiustments Julv 1. 1998 The City will be responsible for any increase to the PERS employer contribution rate. The City will provide $78.65 per month for the current dental coverage, including an annual maximum per patient benefit of $1,500, and orthodontia coverage. The City will provide $18.50 per month to increase the life insurance benefit from $20,000 to $50,000. The increased benefit will become effective August 1, 1998. The City will provide $6.95 per month for the Employee Assistance Program. The City will provide $43.50 per month for Long Term Disability Insurance. The maximum benefit is $2,000.00 per month. Julv 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. 2 Millmen and Industrial Carpenters, Local 262 7/98-6/30/00 III. OTHER PROVISIONS (coot.) The City will be responsible for any increase in Long Term Disability Insurance costS. B. Health Insurance Benefit Proqram Effective July, 1998, the City will provide a maximum of $455 per month for health insurance. Any unused portion of the health insurance allotment will be rebated to the employee, up to a maximum of $180 per month. Effective July, 1999, the City will provide a maximum of $480 per month for health insurance. Any unused portion will be rebated to the employee, up to a maximum of $180 per month. C. Tuition Reimbursement Effective July 1998, the current tuition reimbursement program will be continued and the maximum tuition reimbursement will be increased to $725 per fiscal year per the terms defined in Section 18.3.A.1 of the Personnel Rules and Regulations. D. Deferred Compensation In recognition of MIC's concern for future medical insurance costs of prospective MIC retirees, effective July 1998, the City will continue to contribute $15 per pay period to each full time MIC employee's ICMA Deferred Compensation account. E. Retiree Medical Proqram 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 $100 per month. 3 Millmen and Industrial Carpenters, Local 262 7/98-6/30/00 Retiree Medical Proqram (continued) For 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. F. PERS 1959 Survivor's 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 employees. G. Vision Plan Effective August 1998, the City proposes to provide $14.55 per month, per employee, to add a vision plan for employees only, consisting of Vision Services Plan, Plan B, with a $10.00 co-payment. H. Uniform Allowance Effective July 1998, the Uniform Allowance for all MIC represented employees, except Equipment Maintenance Supervisor and Mechanic II, shall be increased to $480. Effective July 1999, the Uniform Allowance for these employees shall be increased to $495 per year. I. Tool and Shoe Allowance Effective July 1998, the Equipment Maintenance Supervisor and Mechanic II shall receive a shoe allowance of $145, to be paid in July. Effective July 1999, the Equipment Maintenance Supervisor and Mechanic II shall receive a shoe allowance of $150 per year. The tool allowance will remain at $150 per year. J. 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 Millmen and Industrial Carpenters Local 262 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 MIC as a condition of retaining membership. Any employee who, upon execution of this MOU, is not a member of MIC 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 4 III. OTHER PROVISIONS (cont.) MiIlmen and Industrial Carpenters, Local 262 7/98-6/30/00 Maintenance of Membership (cant.) duration of the MOU except as otherwise provided herein. Personnel Services will notify MIC when new Public Works non-management maintenance employees are hired. Any employee who, upon execution of this MOU, was a member of MIC 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. MIC 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. IV. PERSONNEL RULE MODIFICATIONS The City's Personnel Rules and Regulations will be amended as follows: 1. Section 9.2 Probationarv Period-Non-Manaaement Positions. Section 9.2 will be modified to read: "All original appointments shall be tentative and subject to a probationary period of not less than nine months of service. All promotional appointments shall be tentative and subject to a probationary period of not less than six months of service." The remaining provisions of Section 9.2 shall remain unchanged. This modification will apply to appointments made after July 1, 1998. 2. Section 9.4 Extension of Probationarv Period. Section 9.4 will be modified to read: "The Personnel Officer may grant an extension of the probationary period, if the probationary employee has been absent from his/her job for a consecutive period of four weeks or more. If extended, the probationary period will be extended an amount equal to the length of the absence." 3. Section 10.1 Evaluation of Emplovee 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 performance results to measure and record the employee's actual performance. Strengths and weaknesses will be documented and recommended 5 IV~' PERSONNEL RULE MODIFICATIONS (cont.) MiIlmen and Industrial Carpenters, Local 262 7/98-6/30/00 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. 8. 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, permanent status, and merit increases". 4. Section 16.22 8 Overtime - Callback Provisions Section 16.22 8 will be modified to read: 8. "Eligible classified non-management employees who are called back to work by their immediate supervisor shall be granted the following minimum paid overtime or compensatory time: Public Works non-management maintenance personnel: Three (3) hours paid @ time and one-half OR 4-1/2 hours compensatory time. In addition, if the non-management Public Works maintenance employee is contacted by his/her supervisor prior to the beginning of his/her normal work day or f following his/her normal work day and the non-management Public Works maintenance employee is not on the City Service Center premises, the call back provision will apply. The call back provision will also apply when non-management Public Works maintenance personnel are scheduled to return to work during their normal off duty time to assist with maintenance functions associated with community special events. Examples of community special events include the Prune Festival and Holiday Tree Lighting". 6 Millmen and Industrial Carpenters, Local 262 7/98-6/30/00 IV. PERSONNEL RULE MODIFICATIONS (cont.) The remainder of Section 16.22 B. will remain unchanged. 5. Section 16.9 Bereavement Leave Section 16.9 (Bereavement Leave) will be modified to read: "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 5 days for each immediate family occurrence and 3 days for each other family occurrence. Immediate family shall be defined as spouse, children, parent, brothers and sisters, or other individuals whose relationship to the employee is that of a dependent or near dependent. Other family members shall be defined as the employee's grandparents, step-children, father-in-law and mother-in-law". V. RETROACTIVITY All proposals will be effective as indicated if agreement is reached by July 10, 1998. If agreement is not reached by July 10, 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. VI. RA TIFICA TION This M.O.U. is subject to ratification by a majority vote of the employee organization represented herein within ten (10) days of execution by MIC and by approval of a majority of the City Council of the City of Campbell within twenty (20) days of the date of execution. 7 MiIlmen and Industrial Carpenters, Local 262 7/98-6/30/00 EXECUTED THIS '2?~ DAY OF JULY, 1998 BY THE EMPLOYER-EMPLOYEE REPRESENTATIVES, WHOSE SIGNATURES APPEAR BELOW, FOR THEIR RESPECTIVE ORGANIZATION. CITY REPRESENTATIVES MILLMEN AND INDUSTRIAL CARPENTERS, LOCAL 262 H:\LABOR\MIC98 8