CC Resolution 8594
RESOLUTION NO.
8594
A RESOLUTION AMENDING THE COMPENSATION AND
WORKING CONDmONS FOR CLASSIFIED NON-MANAGEMENT EMPLOYEFS
REPRESENTED BY THE EMPWYEE ORGANIZATION ENUMERATED BEWW
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 Campbell
Peace Officers Association and City Council representatives; and
WHEREAS, as 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 does approve and ratify
the Memorandum of Understanding attached hereto, and made a part hereof.
PASSED AND ADOPTED this 4th day of January, 1994, by the following roll call vote:
AYES:
Councilmembers:
Conant, Ashworth, Burr, Dougherty, Watson
NOES:
Councilmembers:
None
ABSENT:
Councilmembers:
None
APPROVED:
ATTEST:
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Anne Bybee, City Clerk
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MEMORANDUM OF UNDERSTANDlNG ON
WAGE, EMPWYEE BENEFITS, HOURS AND OTHER TERMS
AND CONDITIONS OF EMPWYMENT
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 "First Party," and the authorized
representatives of the CAMPBELL PEACE OFFICERS ASSOCIATION, hereinafter referred
to as "Second Party. II
STATE LAW COMPLIANCE
This Memorandum of Understanding complies with the provisions of the State of California
Public Employee 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.
1. GENERAL CONDITIONS
A. Personnel Rules and Re2lllations
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 Understandinf
This Memorandum of Understanding embodies all modifications on salaries,
hours, employee benefits, and other terms and conditions of employment, for a
12-month term beginning July 1, 1993, continuing through June 30, 1994, at
which time the MemoraPdum of Understanding terminates.
CAMPBELL PEACE OFFICERS ASSOCIATION
Page Two
C. Existinp' Benefits. Terms. and Conditions of Employment 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 or Resolution Number 8589, 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.
D. Rel}resented Classifications
Police Officer
Police Agent
Police Sergeant
ll. OTIIER PROVISIONS
A. Benefit Cost Adjustments
The First Party will be responsible for any increase to the PERS employer
contribution rate. The First Party will continue existing contribution for dental,
life and EAP insurances. Effective February 1, 1994, the First Party will
increase the contribution for health insurance by $9.00 per month, bringing the
First Party's contribution for health insurance to $324.37 per month. Effective
February 1, 1994, the First Party will no longer provide LID excess insurance
for employees represented by the Second Party. Between February 1, 1994 and
June 30, 1994, employees represented by Second Party will be eligible for
coverage under the self funded portion of the City's LID program.
B. Unifonn Maintenance
Effective July 1993, for all classifications represented by the Second Party, the
Uniform Allowance will be replaced with a uniform cleaning and
purchase/replacement program as follows:
1. The First Party will pay One Hour Martinizing, 3004 EI Camino Real, Santa
Clara, CA, $3,500.00 to provide $100.00 of uniform cleaning in fiscal year
1993/94 for each employee represented by the Second Party. Each enlployee
represented by the Second Party will be entitled to $100.00 worth of uniform
cleaning between July 1, 1993 and June 30, 1994. Upon receiving $100.00 worth
of cleaning services, any additional cleaning services will be the responsibility of
the employee and will be billed directly to the employee.
CAMPBELL PEACE OFFICERS ASSOCIATION
Page Three
2. The First Party, upon paying One Hour Martinizing $100.00 per employee, or
$3,500.00 total, will file appropriate PERS reports indicating that each employee
represented by the Second Party received $100 in Uniform Maintenance
compensation. The First Party will provide the employer PERS contribution for
each employee. The appropriate member PERS contribution on the $100.00
uniform maintenance compensation will be deducted from each employee's
regular paycheck and will be provided to PERS along with the employer
contribution.
3. One Hour Martinizing will establish individual accounts for each of the Second
Party's members. One Hour Martinizing will pick up from and deliver items to
Campbell Police Department. It will be the responsibility of One Hour
Martinizing to track the cleaning expenses of each of the Second Party's members
to assure that each member does not exceed the $100.00 limit for the 1993/94
fiscal year.
4. The First Party will establish an account at Summit Uniforms. The First Party
will establish a purchase order with Summit Uniforms for purchase of uniform
items and related tools and accessories, not to exceed $15,750 for the 1993/94
fiscal year.
5. Each employee represented by the Second Party will be entitled to $450.00 worth
of Campbell Police Department approved uniform items, as well as related tools
and accessories at Summit Uniforms between July 1, 1993 and June 30, 1994.
6. Summit Uniforms will establish individual accounts for each of the Second
Party's members. Each month, Summit Uniforms will bill the City of Campbell
for the total purchases by members of the Second Party for the previous month.
Included in the billing information will be a statement of each individual's
purchases for the month. It will be the responsibility of Summit Uniforms to
account for each individual's costs and report them to the City.
7. Based on Summit Uniforms' monthly bills and the statement of each individual's
uniform costs, the City will file appropriate PERS reports. The City will provide
the employer contribution associated with the uniform purchase costs each month.
The appropriate employee contribution will !:>e calculated from the statement of
each individual's uniform purchase costs, deducted from the employee's regular
pay check, and provided to PERS along with the employer contribution.
CAMPBELL PEACE OFFICERS ASSOCIATION
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8. The Second Party agrees that the employee assigned to the Police Department
Administrative Services section will serve as liaison to the dry cleaning firm and
Summit Uniforms.
Ill. MODIFICATIONS TO PERSONNEL RULES
The following sections of the Personnel Rules and Regulations will be modified as
follows:
1. Section 16.15 - Leave of Absence Without Pay
In recognition of the California Family Rights Act of 1991 (Government Code
Section 12945.2) and the Federal Family and Medical Leave Act of 1993, the
following sentence will be added to Section 16.15 following subsection A:
B. The City of Campbell will provide leaves of absence and comply with
related leave provisions as mandated by State and Federal laws.
2. Section 19.0 - City Employee Oreanizations
In recognition of the Americans with Disabilities Act and the City's responsibility
under the Act to provide accommodations for individuals protected by the Act,
the City proposes adding the following to Personnel Rules and Regulations
Section 19:
19.7 General Provision Re2ardinp Americans With Disabilities Act: The
Americans with Disability Act (ADA) requires all employers to make reasonable
accommodations to known disabilities of a qualified applicant or employee who
is able to perform the essential functions of the job.
A. Because the Americans with Disabilities Act (ADA) requires accommodations for
individuals protected under the Act, and because these accommodations must be
determined on an individual case by case basis, specific provisions of the
Personnel Rules and Regulations may need to be modified on a case by case basis
in order for the City to avoid discrimination relative to hiring, promotion,
granting permanency, transfer, lay-off, reassignment, termination, rehire, rates
of pay, job and duty classification, seniority, leaves, fringe benefits, training
opportunities, hours of work or other terms and privileges of employment.
CAMPBELL PEACE OFFICERS ASSOCIATION
Page Five
B. Employee organizations recognize that the City has the legal obligation to
meet with the individual employee to be accommodated before any
adjustment is made in working conditions. Appropriate employee
organizations will be notified of requests for accommodation or proposed
accommodations prior to implementation by the City.
C. Any accommodation provided to an individual protected by the ADA shall
not establish a past practice nor shall it be cited or used as evidence of a
past practice in the grievance procedure.
3. Section 16.22 Overtime:
The following wording (in quotes) will be added to the end of Section 16.22.D
of the Personnel Rules and Regulations:
D. . . . . . . All authorized paid leave time taken shall be credited as part of
the basic workweek "except that hours not worked, at the employee's
option, where these hours are charged to compensatory time off during the
employee's 40-hour workweek and extra hours worked during that same
period, totaling 40 hours, will be considered to be flexible scheduling
within that workweek, and no compensatory time will be granted. "
4. Section 16.4 Vacation Schedulin~ and Retention of Unused Vacation
E. The number of hours of vacation retainable on December 31st of each
year will be modified effective December 31, 1994, as follows:
Accroal Rate Per
Pay Period
Number of Hours
Retainable
3.38 hours
4.92 hours
5.85 hours
6.46 hours
192
232
272
304
All other provisions of Section 16.4 will remain unchanged.
CAMPBELL PEACE OFFICERS ASSOCIATION
Page Six
IV. RETROACTIVITY
The Uniform Maintenance Program included m this Memorandum of
Understanding will be effective July 1, 1993.
v. RATIFICATION
This Memorandum of Understanding is subject to ratification by a majority vote
of the employee organization represented herein within ten (10) days of execution
by the Second Party and by approval of a majority of the City Council of
Campbell within twenty (20) days of the date of execution.
EXECUTED THIS ~ DAY O~IIIl4/~1994 BY THE EMPLOYER-EMPLOYEE
REPRESENTATIVES WHOSE SIG"NAYbRES APPEAR BELOW, FOR THEIR
RESPECTIVE ORGANIZATION.
CITY REPRESENTATIVES:
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CAMPBELL PEACE OFFICERS ASSOCIATION:
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