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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: -~~ / / ,., /.. / /.. f / . ./ ~,.I (/":' )~'-- //-)/{ ( <- Anne Bybee, City Clerk .. ' , /-f 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 Page Four 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: ()dAhL- cK.11 tl~ :&dJ U CAMPBELL PEACE OFFICERS ASSOCIATION: , E JJ -JJ~S 3 I Z-- l2?J'" I "'J - t 1-- ^) ''!Y