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Home My WebLink About2009-2010 Mid Mgmt MOU SignedAttachment C MEMORANDUM OF UNDERSTANDING BETWEEN THE MID MANAGEMENTPROFESSIONAL EMPLOYEES lomw AND CITY OF ATASOADERO JULY 1 2009 THROUGH JUNE 30 2010 AMOK Mid MgmtProf MOU 2009 2010 79 MEMORANDUM OF UNDERSTANDING MID MANAGEMENTPROFESSIONAL EMPLOYEES JULY 1 2009 THROUGH JUNE 30 2010 TABLE OF CONTENTS ARTICLE I GENERAL PROVISIONS I SECTION 11 PREAMBLE 1 SECTION 12 RECOGNITION1 SECTION 13 SEVERANCE 1 SECTION 14 SOLE AGREEMENT 2 SECTION 15 FULL FORCE AND EFFECT 2 SECTION 16 GENERAL PROVISIONS 2 ARTICLE II PAY PROVISION 3 SECTION 21 SALARY 3 SECTION 22 EDUCATION INCENTIVE PAY 3 SECTION 23 RETIREMENT 3 SECTION 24 SICK LEAVESTAY WELL PLAN 4 SECTION 25 SICK LEAVE PAYBACK 4 SECTION 26 ADMINISTRATIVE LEAVE 4 SECTION 27 BEREAVEMENTLEAVE 5 ARTICLE III HEALTH AND WELFARE 5 SECTION 31 HEALTH INSURANCE COVERAGE 5 SECTION 32 LIFE INSURANCE 5 SECTION 33 MEDICAL INSURANCE COMMITTEE 6 ARTICLE IV CLOSING PROVISIONS 6 SECTION 41 COMPARATIVE SALARY AND BENEFITS 5 SECTION 42 TERM6 SECTION 43 SIGNATURES 7 Mid MgmtProf MOU 2009 2010 8 ARTICLE I GENERAL PROVISIONS SECTION 11PREAMBLE This Memorandum of Understanding is made and entered into between the City of Atascadero hereinafter referred to as the City and the Mid ManagementProfessional Employees hereinafter referred to as the Association pursuant to California Government Code Section 3500 et seq and the Citys Employer Employee Relations Policy The purpose of this Memorandum of Understanding MOU is the establishment of wages hours and other terms and conditions of employment The City and Association agree that the provisions of this MOU shall be applied equally to all employees covered herein without favor or discrimination because of race creed color sex age national origin political or religious affiliations or association memberships Whenever the masculine gender is used in this MOU it shall be understood to include the feminine gender SECTION 12 RECOGNITION a The City of Atascadero recognizes the Association as the recognized and exclusive representative for the following classifications Accountant Associate Civil Engineer iBuilding Maintenance Supervisor Capital Projects Manager Database Programmer Recreation Supervisor Senior Building Inspector b This recognition is exclusive of management employees and temporary employees c The City agrees to meet and confer and otherwise deal exclusively with the Association on all matters relating to the scope of representation under the MeyersMiliasBrown Act Government Code Section 3500 et seq and as provided under the Citys EmployerEmployee Relations Policy SECTION 13 SEVERANCE a If any provision of the Agreement should be found invalid unconstitutional unlawful or unenforceable by reason of any existing or subsequently enacted constitutional or legislative provision shall be severed and all other provisions of the Agreement shall remain in full force and effect for the duration of the Agreement b In the event that any provision of the MOU should be found invalid unconstitutional unlawful or unenforceable the City and the Association agree to meet and confer in a timely manner in an attempt to negotiate a substitute provision Such negotiations shall apply only to the severed Mid MgmtProf MOU 2009 2010 Page 1 81 provision ofthe Agreement and shall not in any way modify or impact the remaining provisions of the existing MOU SECTION 14 SOLE AGREEMENT a The City and the Association agree that to the extent that any provision addressing wages hours and terms and conditions of employment negotiable under the MeyersMilias Brown Act found outside this MOU and are in conflict thereof this MOU shall prevail b If during the term of the MOU the parties should mutually agree to modify amend or alter the provisions of this MOU in any respect any such change shall be effective only if and when reduced to writing and executed by the authorized representatives of the City and the Association Any such changes validly made shall become part of this MOU and subject to its terms SECTION 15 FULL FORCE AND EFFECT a All wages hours and terms and conditions of employment that are negotiable subjects of bargaining under the MeyersMiliasBrown Act including those set in this MOU shall remain in full force and effect during the term of this MOU unless changed by mutual agreement b The City will abide by the Meyers MiliasBrown Act where and when it applies to the Association SECTION 16 GENERAL PROVISIONS The parties agree to meet and confer with respect to any subject or matter within the scope of representation upon request Provided however that any changes which fall within the scope of representation shall be by mutual agreement Except as set forth in this Memorandum of Understanding and unless the Association agrees to reopen negotiations on a particular bargaining subject the parties agree that there shall be no changesduringthelifeofthisMOUinthewageratesbenefitsorothertermsandconditionsofemploymentsubjecttotheMeetandConferprocess In the event any new practice subject or matter arises during the term of this agreement which is within the scope of representation and an action is proposed by the City the Association shall be afforded all possible advance notice and shall have the right to meet and confer upon request In the case of an emergency and in the absence of an agreement on such a proposed action the City reserves its lawful management rights to take any actions deemed necessary and the Association reserves its rights to take any lawful action deemed necessary Mid MgmtProfMOU 2009 2010 Page 2 82 ARTICLE II PAY PROVISIONS SECTION 21 SALARY This one 1 year agreement shall provide no salary increases during this period The following monthly salaries remain in effect as of July 1 2009 STEPLAS1bTt1TEPSiPBiST1PCSTEPFI Accountant 458196 481107 505161 530419 556942 Associate Civil Engineer 556943 584788 614028 644729 6176967 Building Maintenance Supervisor 436378 458197 481107 505161 530419 Capital Projects Manager 436378 458197 481107 505161 530419 Database Programmer 570869 599412 629379 660847 693888 Recreation Supervisor 425992 447290 469651 493134 517790 taw Senior Building Inspector 481108 505164 530419 556942 584787 SECTION 22 EDUCATION INCENTIVE PAY Employees shall be reimbursed up to 40000 per fiscal year for books tuition and related educational expenses for attending college or otherprofessional training providing the coursework is jobrelated and the employee received a passing grade Associate Civil Engineers who are licensed as a Registered Engineer will receive ten percent 10 in additional pay to their base salary SECTION 23 RETIREMENT a Effective November 2003 the City began paying and reporting the value ofEmployer Paid Member Contributions EPMC as described in Resolution No 2003073 b Effective July 1 2007 employees will be provided retirement benefits through the California Public Employees Retirement System Ca1PERS pursuant to the 25 @ 55 formula including the One Year Final Compensation Section 20042 and Credit for Unused Sick Leave Section 20965 benefits The City will pay 585 of the employee contribution of Mid Mgmtftof MOU 2009 2010 Page 3 83 eight percent 8 Employees will pay the remaining 215of the employee contribution OOV SECTION 24 SICK LEAVESTAYWELL PLAN a Sick leave accumulates at a rate of eight 8 hours one day per month There is no limit to the accumulation b Employees with fortyeight 48 or more days of accumulated sick leave shall be eligible for the Stay Well Bonus The Stay Well Bonus will be implemented as follows 1 The sick leave payoff will occur during the twelve 12 month period beginning the first day after the second pay period in October and ending on the last day of the second pay period in October of the following year after an employee has accumulated and maintained 48 days sick leave 2 Once the eligibility requirements have been met an employee may opt to receive a payoff equal to onethird113 of the unused annual allotment of sick leave The annual allotment is 9594hours 3 Checks will be prepared by December 15 of each year c Family Care An employee may use in any calendar year accrued sick leave up to the amount earned six 6 months employment to attend to the illness of a child parent or spouse SECTION 25SICK LEAVE PAYBACK When an employee terminates employment in good standing after five 5 years of continuous service heshe shall be paid onehalfof hisheraccumulated Sick Leave SECTION 26 ADMINISTRATIVE LEAVE a Each employee will receive fortyeight 48 hours of AdministrativeLeave which will vest as of July 1 annually Except as provided below Administrative Leave will not be carried over or accrue from one fiscal year to the next b If an employee is unable to use hisher Administrative Leave prior to the end ofthe fiscal year for work related reasons beyond hisher control as verified by the Department Head said leave will be carried over into the next fiscal year for a period not to exceed three 3 months Said time will be available to the employee for use during that period but will not be accrued for the purpose of payoff in the event of termination c In the event an employee covered by this Agreement is employed after January 1 of the fiscal year the employee shall be eligible for twentyfour 24 hours of Administrative Leave Mid MgmtProf MOU 2009 2010 Page 4 84 SECTION 27 BEREAVEMENT LEAVE Employees shall be granted bereavementleave pursuant to the City Personnel Rules and Regulations in the event of death ofhisher spouse child stepchild grandchild parent grandparent soninlaw daughterinlaw motherinlaw fatherinlaw brother sister brotherinlaw sisterinlaw or significant other ARTICLE III HEALTH AND WELFARE SECTION 31 HEALTH INSURANCE COVERAGE 1 For unitmembers who elect to have Family coverage the City shall pay a total of106639 per month toward the cost of all medical dental vision and life insurance benefit premiums for the unit member employee and dependents for the term of this agreement City shall pay for increased costs to medical dental vision and life insurance premiums for the employee and fifty percent 50 of increased costs for dependents based upon HMO plan costs 2 For unit members who elect to have Employee lcoverage the City shall pay a total of 91905 per month toward the cost of all medical dental vision and life insurance benefit premiums for the unit member employee and dependent for the term of this agreement City shall pay for increased costs to medical dental vision and life insurance premiums for the employee and fifty percent 50 of increased costs for the dependent based upon HMO plan costs 3 For unit members who elect to have Employee Only coverage the City shall pay an amount not to exceed 49822 per month toward the cost of all medical dental vision and life insurance benefit premiums for the unit member employee for the term of this agreement City shall pay for increased costs to medical dental vision and life insurance premiums for the employee based upon the HMO plan costs Available funds remaining from the Citys contribution toward insurance coverage shall be paid to an employee hired onor before September 1 2000 as additional compensation T his amount shall not exceed 24676 per month SECTION 32 LIFE INSURANCE The City shall provide a term life insurance policy on each employee in the amount of Fifty Thousand Dollars 50000 Mid MgmtProf MOU 2009 2010 Page 5 85 The City shall provide a term life insurance policy for each eligible dependent enrolled in health coverage in the amount of One Thousand Dollars 1000 per dependent ARTICLE IV CLOSING PROVISIONS SECTION 41 TERM The term of this MOU shall commence on July 1 2009 and expire on June 30 2010 SECTION 42 SIGNATURES This MOU has been ratified and adopted pursuant to the recommendation of the following representatives Z11610 4 Mid Mgmt rof Date l Mid MgmtPro Date CITY OF ATASCADERO Q2 Q z cp2Coq 0 Mayor Date City Manager Date Mid MgmtProL MOU 2009 2010 Page 6 86