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CC Resolution 7980RESOLUTION N0. 7980 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 Code requires the City Manager to prepare and submit an annual salazy 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 POLICE COMMUNICATIONS/RECORDS 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 7th day of August, 1990, by the following roll call vote: AYES Councilmembers' Watson, Conant, Burr, Ashworth NOES Councilmembers: None ABSENT: Councilmembers: Kotowski APPROVED: ~~`.~ J r J. Ashworth, Mayor 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 Regulaticns 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. Existinc 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$). C. July 1991 Effective the first pay period of July, 1991, salaries of all classifications represented by the Second Party shall be increased by an amount equal to one hundred percent (100$) 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, 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 ASSOCIATION 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 Party 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 Druc Coverace 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 all 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 urTOdified. 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 ASSOCIATION 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 of 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 harassment. 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 (il days) Start of year 6 through completion of year 10 4.92 (16 days) Start of year it through completion of year 15 5.85 (19 days) Start of year 16 and thereafter 6.46 (21 days) 4. Section 16.4 Vacation Scheduling and Retentio 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 far 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 Unused Vacation -- Cnnf innaA 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 ae 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 OFTY , 1990 BY THE EMPLOYER-EMPLOYEE REPRESENTATIVES WHOSE SIGNATURES APPEAR BELOW, FOR THEIR RESPECTIVE ORGANIZATION. CITY REPRESENTATIVES: CAMPBELL PEACE OFFICERS ASSOCIATION ~(~~~ ~ ~'N,--~~~~C~