HomeMy WebLinkAbout2009-013 Mid Management-Professional Employees Attachment C
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
MID MANAGEMENT/PROFESSIONAL
EMPLOYEES
lomw
AND
CITY OF ATASOADERO
JULY 15 2009 THROUGH JUNE 30, 2010
Mid Mgmt/Prof.MOU 2009-2010
79
MEMORANDUM OF UNDERSTANDING
MID MANAGEMENT/PROFESSIONAL EMPLOYEES
JULY 1, 2009 THROUGH JUNE 30,2010
TABLE OF CONTENTS
ARTICLE I-GENERAL PROVISIONS...............................................................................................................I
SECTION1.1 PREAMBLE..................................................................................................................................1
SECTION 1.2 RECOGNITION............................................................................................................................1
SECTION1.3 SEVERANCE................................................................................................................................1
SECTION1.4 SOLE AGREEMENT....................................................................................................................2
SECTION 1.5 FULL FORCE AND EFFECT......................................................................................................2
SECTION 1.6 GENERAL PROVISIONS............................................................................................................2
ARTICLEII- PAY PROVISION.........................................................................................................................3
SECTION2.1 SALARY.......................................................................................................................................3
SECTION 2.2 EDUCATION INCENTIVE PAY.................................................................................................3
SECTION 2.3 RETIREMENT..............................................................................................................................3
SECTION 2.4 SICK LEAVE/STAY WELL PLAN.............................................................................................4
SECTION 2.5 SICK LEAVE PAYBACK............................................................................................................4
SECTION 2.6 ADMINISTRATIVE LEAVE ......................................................................................................4
SECTION 2.7 BEREAVEMENTLEAVE............................................................................................................5
ARTICLE III-HEALTH AND WELFARE..........................................................................................................5
SECTION 3.1 HEALTH INSURANCE COVERAGE..........................................................................................5
SECTION3.2 LIFE INSURANCE.......................................................................................................................5
SECTION 3.3 MEDICAL INSURANCE COMMITTEE.....................................................................................6
ARTICLE IV-CLOSING PROVISIONS.............................................................................................................6
SECTION 4.1 COMPARATIVE SALARY AND BENEFITS ............................................................................5
SECTION4.2 TERM.............................................................................................................................................6
SECTION4.3 SIGNATURES...............................................................................................................................7
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ARTICLE I - GENERAL PROVISIONS
SECTION 1.1 PREAMBLE
This Memorandum of Understanding is made and entered into between the City of Atascadero,
hereinafter referred to as the "City" and the Mid Management/Professional Employees, hereinafter
referred to as the"Association" pursuant to California Government Code Section 3500,et seq.and
the City's 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 1.2 RECOGNITION
a. The City of Atascadero recognizes the Association as the recognized and exclusive
representative for the following classifications:
• Accountant
• Associate Civil Engineer
i Building 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 Meyers-Milias-Brown Act(Government
Code Section 3500, et seq.), and as provided under the City's Employer-Employee Relations
Policy.
SECTION 1.3 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
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provision of the Agreement and shall not in any way modify or impact the remaining provisions
of the existing MOU.
SECTION 1.4 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 Meyers-Mi lias-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 1.5 FULL FORCE AND EFFECT
a. All wages, hours, and terms and conditions of employment that are negotiable subjects of
bargaining under the Meyers-Milias-Brown 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-Mili as-Brown Act where and when it applies to the
Association.
SECTION 1.6 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 changes
during the life of this MOU in the wage rates,benefits, or other terms and conditions of employment
subject to the Meet-and-Confer process.
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 action(s) deemed necessary and the Association
reserves its rights to take any lawful action deemed necessary.
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ARTICLE II - - PAY PROVISIONS
SECTION 2.1 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.
Accountant 4,581.96 4,811.07 5,051.61 5,304.19 5,569.42
Associate Civil Engineer. 5,569.43 5.847.88 6,140.28 6,447.29 6,769.67
Building Maintenance
Supervisor 4,363.78 4,581.97 4,811.07 5,051.61 5,304.19
Capital Projects Manager 4,363.78 4,581.97 4,811.07 5,051.61 5,304.19
Database Programmer 5,708.69 5,994.12 6.293.79 6,608.47 6,938.88
Recreation Supervisor 4,259.92 4,472.90 4,696.51 4,931.34 5,177.90
Senior Building Inspector 4,811.08 5,051.64 5,304.19 5.569.42 5,847.87
SECTION 2.2 EDUCATION INCENTIVE PAY
Employees shall be reimbursed up to $400.00 per fiscal year for books, tuition and related
educational expenses for attending college or other professional training,providing the coursework is
job-related, 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 2.3 RETIREMENT
a. Effective November 2003,the City began paying and reporting the value of Employer Paid
Member Contributions (EPMC) as described in Resolution No. 2003-073.
b. Effective July 1,2007,employees will be provided retirement benefits through the California
Public Employees Retirement System (Ca1PERS) pursuant to the 2.5% @ 55 formula,
W including the One Year Final Compensation (Section 20042) and Credit for Unused Sick
Leave (Section 20965) benefits. The City will pay 5.85% of the employee contribution of
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eight percent(8%). Employees will pay the remaining 2.15% of the employee contribution.
SECTION 2.4 SICK LEAVE/STAY WELL 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 forty-eight(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 pay-off 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 pay-off
equal to one-third(1/3)of the unused annual allotment of sick leave. The annual allotment is
95.94 hours.
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 2.5 SICK LEAVE PAYBACK
When an employee terminates employment in good standing, after five (5) years of continuous
service, he/she shall be paid one-half of his/her accumulated Sick Leave.
SECTION 2.6 ADMINISTRATIVE LEAVE
a. Each employee will receive forty-eight(48)hours of Administrative Leave,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 his/her Administrative Leave prior to the end of the fiscal year for
work related reasons beyond his/her 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 twenty-four(24) hours of Administrative Leave.
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SECTION 2.7 BEREAVEMENT LEAVE
Employees shall be granted bereavement leave pursuant to the City Personnel Rules and Regulations
in the event of death of his/her spouse,child,stepchild,grandchild,parent, grandparent, son-in-law,
daughter-in-law, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law or
significant other.
ARTICLE III - HEALTH AND WELFARE
SECTION 3.1 HEALTH INSURANCE COVERAGE
1. For unit members who elect to have"Family"coverage,the City shall pay a total of$1066.39
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 +l" coverage, the City shall pay a total of
$919.05 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 $498.22 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 City's contribution toward insurance coverage shall be
paid to an employee hired on or before September 1,2000 as additional compensation.T his
amount shall not exceed$246.76 per month.
SECTION 3.2 LIFE INSURANCE
The City shall provide a term life insurance policy on each employee in the amount of Fifty-
Thousand Dollars ($50,000).
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The City shall provide a term life insurance policy for each eligible dependent enrolled in health
coverage in the amount of One Thousand Dollars ($1,000) per dependent.
ARTICLE IV - CLOSING PROVISIONS
SECTION 4.1 TERM
The term of this MOU shall commence on July 1, 2009, and expire on June 30, 2010.
SECTION 4.2 SIGNATURES
This MOU has been ratified and adopted pursuant to the recommendation of the following
representatives:
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Mid Mgmt. rof. Date l Mid Mgmt/Pro . Date
CITY OF ATASCADERO
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Mayor Date City Manager Date
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