HomeMy WebLinkAboutResolution 068-88 RESOLUTION NO. 68-88
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO
APPROVING A MEMORANDUM OF, UNDERSTANDING
BETWEEN THE CITY OF ATASCADERO AND
THE ATASCADERO PUBLIC SAFETY TECHNICIANS ORGANIZATION
WHEREAS, The 'City of Atascadero has met and conferred in
good faith with the Atascadero Public Safety Technicians
Organization for the purpose of discussing wages, benefits, and
other conditions of employment ; and
WHEREAS, the City of Atascadero and the Atascadero Public
Safety Technicians Organization have reached an agreement
regarding said wages, benefits, and other conditions of
employment for the term of; Fiscal Year _1988/89, 1989/90 and
1990/91;
NOW, THEREFORE, BE IT RESOLVED that the Atascadero City
Council hereby approves the Memorandum of Understanding between
the City and the Atascadero Public Safety Technicians
Organization for Fiscal Year 1988/89, 1989/90 and 1990/91 , and
authorizes the City Manager , as the Employee Relations Officer ,
-
to enter into said agreement on behalf of the City.
On motion by Councilperson DEXTER and seconded
by CouncilpersonMACKEY , the foregoing 'resolution is
hereby adopted in its entirety on the following roll call votes:
AYES: COUNCILMEMBERS DEXTER, LILLEY, MACKEY, SHIERS AND MAYOR BORGESON
NOES: NONE
ABSENT: _ NONE
ADOPTED: 7/26/88
CITY OF ATASCADERO, CALIFORNIA
By
ON TA BORGESQN, Maycto
ATTEST:
BOYD C. SHAR I'TZ, C i ` k
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(Res. No . 68-88 con t . )
PREPARED BY:
k
DAVID ORG NSEN, Interim Director
of Admin tra ive Services
APPROVED AS TO CONTENT:
w
ILL HANLEY Interim City Manager
APPROVED A TO FORM:
EYG. R SEN, City Attorney
MEMORANDUM OF UNDERSTANDING
between the
CITY OF ATASCADERO
and
ATASCADERO PUBLIC SAFETY TECHNICIANS ORGANIZATION
PUBLIC SAFETY TECHNICIANS UNIT
SECTION 1. PREAMBLE
This Memorandum of Understanding is entered into between the authorize
representatives of City of Atascadero, hereinafter referred to as "City", and of
Atascadero Public Safety Technicians Organization, hereinafter referred to as
"Association". Such Memorandum of Understanding was developed pursuant to California
Government Code 3500,et sec. City of Atascadero Municipal Cale Title 2, Chapter 2
Section 2-2.01 through 2-2.13,inclusive,and the City of Atascadero Resolution No. 12-
80,dated July 1980,and subsequent amendments thereto.
SECTION 2. PURPOSE
It is the purpose of the Memorandum of Understanding, hereinafter referred to as "MOU',
to promote and provide for continuity of operation in employment through harmonious
relations,cooperation and understanding between management and employees covered by
the provisions of this MOU and to set forth the understanding reached between the parties
as a result of good faith negotiations on matters set forth herein.
SECTION 3. RECOGNITION
Pursant to California Goverement Code 3500, et seq. , City of Atascadero Municipal Cod
Title 2, Chapter 2, Section 2-2.01 through 2-2.13, inclusive, and the City of
Atascadero Resolution No. 17-80, dated July 1980, and subsequent amendments
thereto, the City hereby recognizes Association as the bargaining representative for
purposes of representing regular and probationary employees, occupying the position
classification of Support Services Aide in the Public Safety Technician Unit with respect
to their wages, hours and other terms and conditions of employment.
SECTION 4. FULL UNDERSTANDING,MODIFICATIONS,WAIVER.
4.1 This MOU sets forth the full and entire understanding of the parties regarding the
matters set forth herein. Any other prior or existing understanding or agreement by the
parties,whether formal or informal, regarding any such matters,are hereby suspended
or terminated in their entirety. if any provisions of any other City resolutions are in
conflict with this Memorandum,the terms and conditions of this MOU shall prevail.
4.2 No agreement, alteration, understanding, variation,waiver or modification of any
of the terms or provisions contained herein shall in any manner be binding upon the
parties hereto unless made and executed in writing by both parties hereto and, if
Public Safety Technicians Memorandum of Understanding
required,approved and implemented by the City Council
4.3 The waiver of any breach, term or condition of this agreement by either party shall
not constitute a precedent in the future enforcement of all its terms and provisions.
SECTION 5. SALARY
S.i Effective the first day of the first full pay period in July 1988, salaries in effect
on June 30,1988 shall be increased by four percent(4%).
5.2 Effective the first day of the first full pay period in January 1989, salaries in
effect on December 30,1988 shall be increase by two and one-half percent(2.5%).
5.3 Effective the first day of the first full pay period in July 1989, salaries in effect
on June 30,1989 shall be increased by three percent(3%).
5.4 Effective the first day of the first full pay period in January 1990, salaries in
effect on December 30,1989 shall be increased by four percent (4%).
5.5 Effective the first day of the first full pay period in July 1990, salaries in effect
on June 30,1990 shall be increased by three percent(3%).
5,6 Effective the first day of the first full pay period in January 1991, salaries in
effect on December 30,1990 shall be increased by three percent(3%).
5.7 In the event the Consumer Price Index for the Los Angeles, Long Beach, Anaheim
area (CPI-W, 1982-84 = 100) as measured December 1988 to December 1989
increases more than eight percent (8%) either party may reopen the negotiations by
serving written notice on the other party prior to Febuary 15,1990. if the MOU is
reopened Sections 5.5 and 5.6 above will be cancelled and the sole subject of negotiations
will be a salary adjustment for fiscal year 1990-91.
5.8 Newly hire employees shall normally be place at Step A. Advance step hiring
may be approved by the City Managerupon request by the Department Head.
5.9 Movement between steps shall be at twelve month intervals and subject to
satisfactory performance. The initial step movement after hiring, however, shall be
after twelve months or after completion of probation,whichever occurs later.
5:10 Pay on Promotion.An employee who is promoted shall receive a salary increase of
at least one Step(5%). Therefore,the employee shall be place on Step A,or that a step
which produce at least a one step salary (5%) increase.
SECTION 6. INSURANCE PROGRAMS
6.1 Medical and Dental insurance
6.1.1 The City shall continue to provide the current medical and dental benefits.
6.1.2 The Medical insurance Committee may recommend changes in the level of
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Public Safety Technicians Memorandum of Understanding
service and service providers to the City during the term of the agreement.
6.1.3 The City shall pay all medical and dental premiums for each unit employee
during the term of this agreement. The City shall pay up to$120.29 per
month per employee for dependent medical and dental coverage. Effective
November 1 , 1988,the City shall pay up to$130.00 per month per
employee for dependent medical and dental coverage. Effective November
1 , 1990, the City shall pay up to$140.00 per month per employee for
dependent medical and dental coverage.
6.1.4 For those employees without dependents or who do not choose to enroll
their dependents in the City sponsored medical and dental plan,the amount
of the City contribution shall be paid to the employee as an addition to
his/her regular pay.
6.2 Vision Insurance
City shall continue to provide employee only vision insurance at no cost to the employee.
6.3 Term Life Insurance
6.3.1 City shall maintain a term life insurance policy for each unit employee,
at no cost to the employee, in an amount of Twenty Thousand dollars
($20,000.00).
6.3.2 City shall maintain a term life insurance policy for each dependent of
each unit employee,at no cost to the employee, in an amount of One
Thousand Dollars ($1 000.00)per dependent.
6.4 State Disability Insurance
6.4.1 City shall continue to provide State Disability Insurance as a payroll
deduction of each employee.
6.4.2 State Disability Insurance shall be integrated with sick leave with the
objective of providing full compensation.
SECTION 7. VACATIONS, HOLIDAYS AND COMPENSATORY TIME
7.1 Vacation leave shall be credited,computed and used as specified by Section 9.0,
Employee Benefits,of Resolution No.12-80,dated July 14, 1980,
7.2 It is agreed and understood that the taking of vacation shall be as scheduled by the
Department Head subject to the needs of the City.
7.3 Holidays shall be observed in accordance with Section 9.4, Employees Benefits,
of Resolution No. 12-80 dated July 14,1980, and Resolution No. 52-82, Section 5,
Subparagraph K dated November 8, 1982.
7.4 Employees shall be allowed to accrue forty (40) hours of holiday hours and/or
"compensatory time" hours prior to required payoff. All hours in excess of the forty
(40)hours will be compensated as part of the paycheck in which the time is earned.
SECTION 8. GENERAL BENEFITS
Public Safety Technicians Memorandum of Understanding
8.1 It is agreed that overtime, compensatory time off (CTO), retirement, leaves and
other benefits and conditions of employment shall be as specified by City Resolutions No.
12-80, 31-81 and 52-82 and Atascadero Municipal Code Title 2,Chapter 2, inclusive.
Pregnancy leave shall be provided in accordance with State Law.
8.2 The City agrees to add grandparents to the list of family members for whom the
employee is allowed to take bereavement leave.
8.3 The City shall continue to pay the employee contribution of seven percent (7%)
towards the Public Employees Retirement System (PERS).
SECTION 9. TRAINING ASSIGNMENT PAY
9.1 Employees assigned to act as a trainer of a newly hired employee shall be
compensated at the rate of$50.00 per month. Compensation shall be provided only when
the assignment has been specifically authorized by the Chief of Police or his designee and
shall be paid only for hours actually spent serving in the capacity of a trainer.
SECTION 10. PROBATIONARY PERIOD
10.1 The probationary period for newly hired employees shall be twelve months. The
probationary period for employees promoted to a higher classification shall be six
months in the new classification. The City shall have the option of granting a newly
hired employee permanent status at any time after nine(9) months of service.
SECTION 11. SHIFT CHANGES
i 1.1 The City shall give employees reasonable notice of routine shift changes.
Emergency shift changes shall be made on an as needed basis.
SECTION 12. GRIEVANCE PROCEDURE
12.1 Employees shall be entitled to utilize the grievance procedure as outlined in
Section 6.0 of Resolution No. 12-80.
SECTION 13. CONTRACTING OUT
13.1 The City will give reasonable notice to the Association if it intends to contract out
the functions currently performed by employees within the Unit. Upon request,the City
will meet with the Association to explain the reason for the decision to contract out and to
solicit Association views on the proposal. Nothing in this section shall be construed to
limit the rights of the City Council to contract out work at its sole discretion.
SECTION 14. MANAGEMENT RIGHTS
14.1 The authority of the City includes,but is not limited to the exclusive right to
determine the mission of its constituent departments, commissions and boards; set
standards of service; and promotion; direct its employees; take disciplinary action
for"just cause relieve employees from duty because of lack of work or for other
legitimate reasons; maintain the efficiency of governmental operations; determine the
methods, manning and personnel by which governmental operations are to be conducted;
determine the content of job classifications; take all necessary actions to carry out its
mission in emergencies; exercise complete control and discretion over its organization
and the technology of performing its work; provided, however, that the exercise and
Public Safety Technicians Memorandum of Understanding
retention of such rights does not preclude employees or their representatives from
consulting or raising grievances over the consequences or impact that visions on these
matters may have on wage, hours and other terms of employment.
SECTION IS. PROVISIONS OF LAW
15.1 This MOU is subject to all current applicable federal, state and local laws,
regulations and resolutions. Ordinances, rules and regulations dealing with employee
wages, hours and working conditions enacted by the City Council shall be subject to the
appropriate revisions, amendments and deletions necessary to conform with the
purpose, intent and application of the provisions of this Agreement.
15.2 If any part or provision of this MOU is in conflict or inconsistent with such
applicable provisions of federal, state or local laws or regulations, or is otherwise held
to be invalid or unenforceable by any tribunal or competent jurisdiction,such part shall
be suspended and superseded by such applicable law or regulations,and the remainder of
this MOU shal l not be affected.
SECTION 16. APPLICABILITY OF OTHER RULES AND REGULATIONS
16.1 It is agreed that all provisions of any existing or prior, understandings or
personnel policies,customs, practices and actions not specifically included in Atascadero
Municipal Code, Title 2, Chapter 2, inclusive, and associated rules and regulations
adopted by the City Council of the City of Atascadero, shall be superseded by the
provisions of this MOU.
SECTION 17. PEACEFUL PERFORMANCE CLAUSE
17.1 The parties to this MOU recognize and acknowledge that the services performed
by the City employees covered by this Agreement are essential to the public health,
safety and general welfare of the residents of the City of Atascadero. Association agrees
that under no circumstances will the Association recommend, encourage, cause or
promote its members to initiate, participate in, nor will any member of the bargaining
unit take part in, any strike, sitdown, stay-in, sickout, slow-down, of picketing
(hereinafter collectively referred to as"work-stoppage") ,_in any office or department
of the City, nor to curtail any work or restrict any production, or interfere with any
operation of the City. In the event of any such work stoppage by any member of the
bargaining unit, the City shall not be required to negotiate on the merits of any dispute
which may have risen to such work stoppage until said work stoppage has ceased.
17.2 In the event of any work stoppage, during the term of this MOU, whether by the
Association or by any member of the bargaining unit,the Asoication by its officers,shall
immediately declare in writing,and publicize that such work stoppage is illegal and
unauthorized, and further direct its members in writing to cease the said conduct and
resume work. Copies of such written notices shall be served upon the City. If in the
event of any work stoppage the Association promptly and in good faith performs the
obligations of this paragraph, and providing the Association has not otherwise
authorized, permitted or encouraged such work stoppage,the Association shall not be
liable for any damages caused by the violation of this provision. However,the City shall
have the right to dicipline, up to and including discharge,any employee who instigates,
participates in, or gives leadership to, any work stoppage activity herein prohibited,
and the City shall also have the right to seek full legal redress, including damages,
Public Safety Technicians Memorandum of Understanding
against any such employees.
SECTION 18. IMPLEMENTATION
18.1 This MOU constitutes a mutual recommendation to be submitted to the Atascadero
City Council. It is understood that this MOU shall not be binding upon parties either in
whole or in part unless and until said City Council: a) acts, by a majority vote,
formally to approve and adopt said MOU, b) and acts in a timely manner to appropriate
the funds necessary to implement the provisions of this MOU which require funding.
18.2 Notwithstanding the foregoing, in the event the City Council fails to take all of the
actions necessary for timely implementation of this MOU, either party may request the
renewal of the meet and confer process.
SECTION 19. TERM OF AGREEMENT
19.1 This MOU shall be effective as of 0001 a.m.,July 1 , 1988, and shall remain in
effect, unless modified by mutual agreement, until midnight June 30, 1991.
19.2 If either party wants to renegotiate a successor agreement, such party shall
serve upon the other during the period March 1 st to April i st of the last year of this
Agreement, its written request to reopen the Agreement as well as its written proposals
to amend this Agreement. Upon receipt of such written notice and receipt of the
proposals, negotiations shall begin no later than thirty (30) days after such receipt or
May i st,whichever is later.
DATE R l
ATASCADERO PUBLIC SAFETY CITY OF ATASCADERO
TECHNICIANS ORGANIZATION
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