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HomeMy WebLinkAboutResolution 77-91 RESOLUTION NO. 77-91 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 1991/92, 1992/93 and 1993/94; NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Coun- cil hereby approves the Memorandum of Understanding between the City and the Atascadero Public Safety Technicians Organization for Fiscal Year 1991/92, 1992/93 and 1993/94 and authorizes the City Manager, as the Employee Relations Officer, to enter into said agreement on behalf of the City. ©n motiQr� by Councilperson Borgeson , seconded by Council- person Lilley , the foregoing resolution is hereby adopted in its entirety on the following roll-call vote: AYES: Councilmembers Nimmo, Dexter, Borgeson, Lilley and Mayor Shiers NOES: None ABSENT: None ADOPTED: August 13, 1991 CITY OF ATASCADERO, CA ATTES : � 0�tt, F By: ALDEN F. SHIERS, Mayor LEE RABOIN, City Clerk APPROVED AS TO FORM: ARTHER R. MON ANDD City Attorney ------------- MEMORANDUM OF UNIDERSTANIDUNG BETWEEN CITY OF ATASCADERO AND ATASCADERO PUBLIC SAFETY TECIiNICIANS ORGANIZATION PUBLIC SAFETY TECHNICIANS UNIT SECTION 1 PREAMBLE This Memorandum of Understanding is entered into between the authorized 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 Code 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 RECOGNrI7Ort Pursant to California Government Code 3500,et seq. , City of Atascadero Municipal Code 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 classifications of Support Services Technician and Support Services Lead Technician in the Public Safety Technician Unit with respect to their wages,hours and other terms and conditions of employment. ------------ Support Services Technicians 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 bath parties hereto and, if 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 5.1 Effective July 1, 1991, salaries in effect on June 30,1991 shall be increased by three percent (3%). 5.2 Effective January 1,1992, salaries in effect on December 30,1991 shall be increased by three and six-tenths percent(3.6%). 5.3 Effective July 1, 1992, salaries in effect on June 30,1992 shall be increased by three percent (3%). 5.4 Effective January 1, 1993, salaries in effect on December 30,1992 shall be increased by three and six-tenths percent(3.6%). 5.5 Effective July 1, 1993, salaries in effect on June 30,1993 shall be increased by three percent (3%). 5.6 Effective January 1, 1994, salaries in effect on December 30,1993 shall be increased by three and six-tenths percent(3.6%). 5.7 Total Compensation. The parties agree and acknowledge that salary, employer paid retirement costs and employer contributions towards insurance(s) shall constitute "total compensation"and will be the basis of comparison in future negotiations. 5.8 Newly hired employees shall normally be placed at Step A. Advanced step hiring may be approved by the City Manager upon request by the Department Head 5.9 Movement between steps shall be at twelve month intervals and subject to satisfactory performance. 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 placed on Step A, or that a step which produces at least a one step salary(5%)increase. -2- Becker + Bell z , Support Services Techniciam 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 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 will pay towards dependent medical and dental coverage two-hundred-forty-five Dollars ($245.00) per month effective July, 1991. Effective July, 1992,the City will pay towards dependent medical and dental coverage three-hundred-fifty ($350.00) Dollars per month. Effective July, 1993, the City will pay towards dependent medical and dental coverage four-hundred-fifty-five ($455.00) Dollars per month 6.1.4 For those employees with only one dependent or without dependents or who do not choose to enroll their dependents in the City plan,the amount of the City contribution towards dependent coverage shall be paid to the employee as an addition to his/her regular pay. 6.2 Flexible Benefits Plan. The City shall develop and make available to employees covered by this MOU a Flexible Benefit Plan, in compliance with applicable Internal Revenue Code provisions, effective January, 1992. The plan will enable an employee to, on a voluntary basis, cover additional out of pocket expenses for insurances and dependent care through pretax payroll dollars. 6.3 Vision Insurance City shall continue to provide employee only vision insurance at no cost to the employee. 6.4 Term Life Insurance 6.4.1 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). 6.4.2 City shall maintain a term life insurance policy for each eligible dependent enrolled in health coverage, at no cost to the employee, in an amount of One Thousand Dollars ($1,000.00)per dependent 6.5 State Disability Insurance 6.5.1 City shall continue to provide State Disability Insurance as a payroll deduction of each employee. 6.5.2 State Disability Insurance shall be integrated with sick leave with the objective of providing full compensation. SECTION 7 SICK LEAVE INCENTIVE 7.1 Eligibility- to be eligible for this benefit an employee must: -3- Becker+ Bell -Support Services Techaidans a. Have accumulated 48 days of sick leave. b. The sick leave pay-off will occur during the next 12 - month period (December 1 - November 30)after an employee has accumulated and maintained 48 days on the books. ----- C. In the event on employee covered by this agreement donates up to 12 days of sick leave in any one year,to the Employee Sick Leave Bank,is shall not count against the 48 days accumulation for eligibility to receive the incentive pay-off. 7.2 Once the eligibility requirements have been met,an employee may opt to receive a pay-off equal to one-third(113)of the unused annual allotment of sick leave. (The annual allotment is twelve (12) days) 7.3 The time period for determining annual usage will be December 1 to November 30 each year. Checks will be prepared by December 15 of each year. SECTION 8 VACATIONS,HOLIDAYS AND COMPENSATORY TIME 8.1 Vacation leave shall be credited, computed and used as specified by Section 9.0, Employee Benefits,of Reesolution No.12-80,dated July 14,1980. 8.2 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. 8.3 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. 8.4 Martin Luther King Birthday shall be a recognized City Holiday for employees covered by this MOU effective January, 1992. 8.5 Employees shall be allowed to accrue sixty-four (64) hours of holiday hours and/or "compensatory time"hours prior to required payoff. All hours in excess of the sixty-four(64) hours will be compensated as part of the paycheck in which the time is earned. SECTION 9 GENERAL BENEFITS 9.1 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. 9.2 The City shall amend the Public Employees Retirement System (PERS) to provide for the Post Retirement Survivor Allowance for employees covered by this MOU. 9.3 The City shall continue to pay the employee contribution of seven percent(7%)towards the Public Employees Retirement System(PERS). 9.4 The City agrees to add grandparents to the list of family members for whom the employee is allowed to take bereavement leave. -4- Becker + Bell Support Services Technicians SECTION 10 TRAINING ASSIGNMENT PAY Employees in the dassificgation of Support Services Technician 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 11 PROBATIONARY PERIOD 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 regular status at any time after nine(9)months of service. SECTION 12 SHIFT CHANGES The City shall give employees reasonable notice of routine shift changes. Emergency shift changes shall be made on an as needed basis. SECTION 13 GRIEVANCE PROCEDURE Employees shall be entitled to utilize the grievance procedure as outlined in Section 6.0 of Resolution No.12-80. SECTION 14 CONTRACTING OUT 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 15 MANAGEMENT RIGHTS 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 cant'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 retention of such rights does not preclude employees or their representatives from consulting or raising grievances over the consequences or impact that decisions on these matters may have on wage,hours and other terms of employment. -5- Becker + Bell Support Services Technicians SECTION 16 PROVISIONS OF LAW 16.1 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. 16.2 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 shall not be affected. SECTION 17 APPLICABILITY OF OTHER RULES AND REGULATIONS 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 18 PEACEFUL PERFORMANCE CLAUSE 18.1 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. 18.2 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 Association 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 discipline, 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,against any such employees. SECTION 19 IMPLEMENTATION 19.1 This MOU constitutes a mutual recommendation to be submitted to the Atascadero City - 6 . Becker + Bell Support Services Technicians 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. 19.3 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 30 TERM OF AGREEMENT 34.1 This MOU shall be effective as of 0001 a.m.,July 1, 1991,and shall remain in effect, unless modified by mutual agreement,until midnight June 30,1994. 30.3 If either party wants to renegotiate a successor agreement,such party shall serve upon the other during the period March 1st to April 1st 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 1st, whichever is later. DATE UI3 g ATASCADERO PUBLIC SAFETY CITY OF ATASCADERO TECHNICIANS ORGANIZATION 0 FYI. - -7- Becker + Bell