CC Resolution 7973RESOLUTION N0. 797R
A RESOLUTION AMENDING THE COMPENSATION AND WORKING CONDITIONS
FOR CLASSIFIED NON-MANAGEMENT EMPLOYEES REPRESENTED BY THE
EMPLOYEE ORGANIZATION ENUMERATED BELOW
WHEREAS, the provisions of Title 4, Section 36506 of the Government Code of
the State of California provide that the salaries of employees of General Law
cities may be fixed or increased by resolution; and
WHEREAS, Title 2, Section 2.16.020 of the Campbell Municipal Code provides
that the City Council may, from time to time, by resolution change the
compensation of employees of said City, and may by resolution adopt salary and
wage scale; and
WHEREAS, Title 2, Section 2.12.030(7) of the Campbell Municipal Cade
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 17th day of July, 1990, by the following roll call
vote:
AYES Councilmembers: Kotowsici, Watson, Conmtt, Ashworth
NOES Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Burr
APPROVED:
J. Ashworth, Mayor
ATTEST:
MEMORANDUM OF
ON
WAGE, 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
"First Party," and the authorized representatives of the CAMPBELL PEACE
OFFICERS ASSOCIATION, hereinafter referred to as "Second Party."
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.
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 36-month term beginning July 1, 1990, continuing
through June 30, 1993, at which time the Memorandum of Understanding
terminates.
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.
CAMPBELL PEACE OFFICERS ASSOCIATION
Page Two
I. COMPENSATION ADJUSTMENTS
A. July 1990
Effective the first day of the first pay period of July 1990,
the salaries of all classifications represented by the Second
Party shall be increased five percent (5~).
B. January 1991
Effective January 7, 1991, the salaries of all classifications
represented by the Second Party shall be increased by four
percent (4+k).
C. July 1991
Effective the first pay period of July, 1991, salaries of all
classifications represented by the Second Party shall be
increased by an amount equal to one hundred percent (1000 of
the increase in the San Francisco/Oakland/San Jose Urban Wage
Earner and Clerical Worker Consumer Price Index for the one yeaz
period from May 1, 1990 through April 30, 1991, with a maximum
salary increase of seven percent (7~) and a minimum increase of
four percent (4~).
D. July 1992
Effective the first pay period of July, 1992, salaries of all
classifications represented by the Second Party shall be
increased by an amount equal to one hundred percent (1000 of
the increase in the San Francisco/Oakland/San Jose Urban Wage
Earner and Clerical Worker Consumer Price Index for the one year
period from May 1, 1991 through April 30, 1992, with a maximum
salary increase of seven and one-half percent (7.5~) and a
minimum increase of four and one-half percent (4.5~).
Represented Classifications
Police Officer
Police Agent
Police Sergeant
CAMPBELL PEACE OFFICERS
Page Three
II. OTHER PROVISIONS
A. Benefit Cost Increases
July 1990: The First Party will be responsible for any increase
to the PERS employer contribution rate. The First Party will
contribute $35.00 per month to cover the rate increases for
dental ($5.35 per month) and health insurance ($29.65 per
month). This additional contribution will increase the First
Party's contribution for health insurance from $225.72 per month
to $255.37 per month.
July 1991: The First Party will be responsible for increases in
the PERS employer contribution rate, dental, life, EAP and LTD
insurance programs. The First Pazty will contribute $30.00 per
month to cover health insurance rate increases, bringing the
First Party's contribution for health insurance to $285.37 per
month.
July 1992: The First Party will be responsible for increases in
the PERS employer contribution rate, dental, life, EAP and LTD
insurance programs. The First Party will contribute $30.00 per
month to cover health insurance rate increases, bringing the
First Party's contribution for health insurance to $315.37 per
month.
B. Lifeguard Prescription Drug Coverage
The City will offer Lifeguazd prescription drug coverage to be
funded by the employee through the health allocation. Should
this benefit not be accepted by ali represented groups, the
coverage will not be made available; however, the health '-
allocation as proposed will remain unchanged.
C. Tuition Reimbursement
The current $500 per fiscal year tuition reimbursement maximum
will be increased to $525 effective July 1990, to $550 effective
July 1991, and to $575 effective July 1992.
D. Vision Plan
A voluntary vision plan will be offered, to be purchased on an
individual basis and paid for by payroll deduction. Should
initial enrollment not meet the minimum requirement of 15
enrollees, the program will not be offered.
CAMPBELL PEACE OFFICERS ASSOCIATION
Page Four
E. Retiree Medical Program
Effective July 1990, the City will implement a City funded retiree
medical program with the following components:
- 25 years of service with the City of Campbell required to
receive benefit
- Minimum retirement age of 50 and retired from City of Campbell
- Future retirees and prior retirees who meet specified criteria
will be eligible to receive benefits
- Payment for medical coverage for retiree only (not dependents)
on a reimbursement basis, to a maximum of $75 per month
- 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 beginning January 1991 for reimbursement for the prior 6
months costs
F. Uniform Allowance
Effective July 1990, uniform allowance for all personnel
represented by the Second Party will be increased to $625 per
year; to $650 in July 1991; to $675 in July 1992.
G. POST/Educational Incentive Pay
POST educational incentive pay will be changed effective July 9,
1990 to five percent (5~) for the Intermediate POST Certificate
and seven and one-half percent (7.5~) for the Advanced POST
Certificate. Section 17.8 of the Personnel Rules and Regulations
will be modified to reflect this change. Other provisions of
Section 17.8 will remain unmodified.
H. Compensatory Time Accrual Ceiling
Effective July 1990, the current compensatory time accrual ceiling
will be increased to 120 hours. Section 16.23 of the Personnel
Rules and Regulations will be changed to reflect this increase.
I. Working Out of Class Pay
Five percent (5~) working out of class pay will be paid for the
following assignments: Police Officer acting as Watch Commander
for 8 hours or more; Agent acting as Watch Commander for more than
20 consecutive shifts; Sergeant acting as Lieutenant or Captain
for more than 5 consecutive shifts. Section 17.7 of the Personnel
Rules and Regulations will be modified to reflect this new
provision.
CAMPBELL PEACE OFFICERS ASSOCIATION
Page Five
J. Holiday Pay and Uniform Allowance/Check Issue Date
The First Party will make every effort to issue Holiday Pay checks
to personnel represented by the Second Party on or before the 12th
of June and the 12th of December each year, and to issue Uniform
Allowance checks on or before July 12th of each year.
K. Vests
The Department will provide routine replacement of bullet
resistent, soft vests no sooner than 5 years and no later than 10
years. The Department will determine purchase specifications.
Employees terminating after 5 or more years of service may elect
to keep their vests.
III. MODIFICATIONS TO PERSONNEL RULES
The following sections of the Personnel Rules and Regulations will be
modified as follows:
1. Section 12.6 Pre-Disciplinary Hearing Procedures:
Second paragraph to be changed to read "For the purposes of
paragraph 12.6, "disciplinary action" shall be defined as salary
step reduction, suspension, demotion or dismissal."
Modifications to this section do not modify the employee's right
to appeal of disciplinary measures as provided in Section 20 of
the Personnel Rules and Regulations.
2. ADD Section 12.8 Just Cause For Discipline as follows:
"The following list of causes are provided as a guideline for
supervisors, department heads and employees as to what may
constitute the proper basis for disciplinary action. Just cause
for discipline may include but not be limited to the following:
A. Absence from duty without approval including: abandonment of
position; abuse of sick leave; neglect of duty; failure to
keep required work hours.
B. Failure to adhere to or comply with approved operational or
safety guidelines including: unauthorized use of time,
equipment or material; unauthorized use of City property,
funds, records.
CAMPBELL PEACE OFFICERS
Page Six
2. Section 12.8 Just Cause For Discipline -- Continued
C. Being under the influence of any illegal drug, narcotic or
alcoholic beverage during working hours.
D. Acts which in the determination o€ the City Manager reflect
negatively on the operation of the City including:
dishonesty; insubordination; fraud, misrepresentation, false
information in securing appointment or promotion; any form of
intentional hazassment.
E. Intentional abusive treatment of a citizen, supervisor, or
fellow employee.
F. Conviction of a serious criminal offense, which in the
determination of the City Manager reflects negatively on the
City."
3. Section 16.2 Vacation Accrual Rates:
Effective the first pay period of July 1990, vacation accrual
rates will be modified as follows:
Years of Service (Uninterrupted)
Hours Accrued
Per Pay Period
Start of year 1 through completion of year 5 3.38 (11 days)
Start of year 6 through completion of year 10 4.92 (16 days)
Start of year 11 through completion of year 15 5.85 (19 days)
Start of year 16 and thereafter 6.46 (21 days)
4.
The times during a 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 needs 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
3.38 hours 192 (24 days)
4.92 hours 232 (29 days)
5.85 hours 256 (32 days)
6.46 hours 280 (35 days)
CAMPBELL PEACE OFFICERS ASSOCIATION
Page Seven
4. Section 16.4 Vacation Scheduling and Retention of U
-- ('nntimiafl
Payout of hours which exceed the number of hours retainable on
December 31 of each year, will not exceed the number of hours of
vacation time taken by the employee during the preceding 12
months. Hours in excess of the number of hours retainable which
are not eligible for payout may be carried over into the next
calendar year and must be scheduled for use by the employee prior
to March 31 of that calendar year. Excess vacation hours which
are not used by the employee during that three month period will
be scheduled as mandatory vacation time off at a time to be
determined by the department head.
IV. RETROACTIVITY
This Memorandum of Understanding will be made retroactive to the first
day of the pay period in which ratification by a majority vote of the
employee organization is received.
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 OF ~, 1990 BY THE EMPLOYER-EMPLOYEE --
REPRESENTATIVES WHOSE SIGNATURES APPEAR BELOW, FOR THEIR RESPECTIVE
ORGANIZATION.
CITY REPRESENTATIVES: CAMPBELL PEACE OFFICERS ASSOCIATION
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