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HomeMy WebLinkAboutAgenda Packet 010710 Special Meeting ARCHIVE COPY CITY CLERK SPECIAL MEETING ATASCADERO CITY COUNCIL Thursday, January 7, 2010 6:00 p m City Hall — Council Chambers 6907 EI Camino Real, Atascadero AGENDA ROLL CALL. MANAGEMENT REPORTS The City Council will discuss 1 Strategic Planning 2010 Phase III — Employees and Labor Relations ■ Fiscal Impact: None ■ Recommendation. Council review the attached staff report and presentation and provide direction to staff PUBLIC COMMENT ADJOURNMENT The Council will adjourn to Closed Session. CLOSED SESSION Immediately following the conclusion of the City Council Special Meeting 1 PUBLIC COMMENT— CLOSED SESSION 1 2. CALL TO ORDER a. Conference with Labor Negotiators(Govt. Code Sec 54957 6) Agency designated representatives Wade McKinney, City Manager Employee Organizations Atascadero Firefighters Bargaining Unit; Atascadero Police Association, Service Employees International Union, Local 620, Mid-Management/Professional Employees, Non-Represented Professional and Management Workers and Confidential Employees 3. ADJOURN CLOSED SESSION REPORT STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) CITY OF ATASCADERO ) I Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under penalty of perjury that on December 30, 2009, the foregoing notice for the January 7, 2010 Special Meeting was posted on the doors of the Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422 Victoria Randall, Deputy City Clerk 2 ITEM NUMBER C- 1 DATE 01/07/10 r f; 191`8' r c`m r 11,1079-7 Atascadero City Council Staff Report - City Manager's Office Strategic Planning 2010 Phase III — Employees and Labor Relations RECOMMENDATION Council review the attached staff report and presentation and provide direction to staff DISCUSSION Employees and positive labor relations are a major component to the City's success in achieving its mission Because of this, as part of the continued strategic planning process, staff is presenting a special overview on labor relations, specifically as they relate to Atascadero This evening's presentation will include discussion on 1 Labor Relations and Collective Bargaining in California 1 Roles of Unions, Management and Council during the Meet and Confer Process 1 Review of Current Contracts with Employee Groups / Historical Perspective of Employee Raises / Labor Trends in California Cities / Atascadero's Situation Atascadero has five employee groups These are / Atascadero Firefighters Bargaining Unit / Atascadero Police Association / Service Employees International Union, Local 620 / Mid-Management/Professional Employees / Non-Represented Professional and Management Workers and Confidential Employees The agreements for all groups (attached) will expire June 30, 2010 and Memorandums of Understanding (MOU's) again need to be negotiated prior to this date The Management and Confidential group is unrepresented and covered by Council Resolution 3 ITEM NUMBER C- 1 DATE 01/07/10 FISCAL IMPACT None ATTACHMENTS 1 Atascadero Firefighters Bargaining Unit MOU 2 Atascadero Police Association MOU 3 Service Employees International Union, Local, 620 MOU 4 Mid-Management/Professional Employees MOU 5 Non-Represented Professional and Management Workers and Confidential Employees Resolution *moo, 4 Attachment 1 0- ., GpDER0Atascadero Professional Firefighters Local 3600 AL 36 6005 Lewis Avenue Atascadero, CA 93422 June 1,2009 Mr Wade G McKinney, City Manager City of Atascadero 6907 El Camino Real Atascadero,CA 93422 Dear Mr McKinney, The members of the Atascadero Professional Firefighters L3600 wish to express to you,the City Council and the citizens we serve that we are sensitive to the extreme economic conditions that are facing our great city and want to convey our sincere dedication to offering a solution that will assist the fire department and our city through these unfortunate economic times. Our union has worked incredibly hard to negotiate a contract that is comparable to other,similar fire and paramedic service providers in San Luis Obispo County,and we want to maintain those provisions.Unfortunately,the city is faced with unprecedented economic shortfalls and the union wants to offer solutions to help ease the burden on our community The 2009-2010 fire contract is projected to increase the expense to the city's general fund by $91,000 So,in an effort to assist the city's overall financial outlook,the union is deferring the negotiated 4 percent raise and the on-call/standby pay,which the union is under contract to begin receiving July 2009 The calculated deferrals will result in approximately$100,000 in savings to the city's general fund. The Atascadero Professional Firefighters L3600 has been strongly supporting commercial and retail development since 2002 and will continue to support growth in these sectors. The membership is acutely aware that funding for public works,parks and recreation,police and fire services greatly benefit from advances in these areas. If you have further questions or comments,please feel free to call me at(805)441-5184 Sincere , �0 Bill White President, Atascadero Professional Firefighters Local 3600 5 MEMORANDUM OF UNDERSTANDING BETWEEN THE ATASCADERO FIREFIGHTERS BARGAINING UNIT AND CITY OF ATASCADERO JULY 11 2007 TO JUNE 30, 2010 Firefighters'MOU 2007-2010 6 MEMORANDUM OF UNDERSTANDING ATASCADERO FIREFIGHTERS' BARGAINING UNIT AND CITY OF ATASCADERO JULY 1,2007 THROUGH JUNE 30,2010 TABLE OF CONTENTS ARTICLE I-GENERAL PROVISIONS. .1 SECTION1 I PREAMBLE...................................................................................................................................1 SECTION 1.2 RECOGNITION I SECTION1.3 SEVERANCE.................................................................................................................................1 SECTION 14 SOLE AGREEMENT I SECTION 1.5 FULL FORCE AND EFFECT 2 ARTICLE II-RESPECTIVE RIGHTS. Z SECTION 2.1 ASSOCIATION RIGHTS 2 SECTION 2.2 CITY RIGHTS 2 SECTION 2.3 PEACEFUL PERFORMANCE. 3 ARTICLE III-HOURS OF WORK AND OVERTIME.. -3 SECTION 3 1 HOURS OF WORK 3 SECTION 3.2 OVERTIME 4 SECTION 3.3 CALLBACK PAY 4 SECTION 3 4 STANDBY TIME 4 ARTICLE IV-PAY PROVISIONS. .4 SECTION 4 1 SALARY 4 SECTION 4.2 EDUCATION INCENTIVE PAY 5 SECTION 4.3 RETIREMENT 5 SECTION 4 4 SICK LEAVEISTAY WELL PLAN 6 SECTION 4.5 VACATION LEAVE 6 SECTION4.6 HOLIDAYS....................................................................................................................................6 SECTION 4 7 BEREAVEMENT LEAVE 6 SECTION4.8 MILITARY LEAVE................................................................................... 6 SECTION 4.9 PARAMEDIC PAY 7 SECTION 4 10 COMMON MESS ARRANGEMENT 7 SECTION 4 11 HAZARDOUS MATERIALS SPECIALIST PAY 7 SECTION 4 12 BILINGUAL PAY 7 ARTICLE V-HEALTH AND WELFARE....... 7 SECTION 5 1 HEALTH INSURANCE COVERAGE 7 SECTION 5.2 UNIFORM ALLOWANCE............................................................... 8 SECTION 5.3 PROBATION 8 SECTION 5 4 PROMOTIONAL OPPORTUNTIES 8 SECTION 5.5 PHYSICAL FITNESS 9 ARTICLE VI-CLOSING PROVISIONS. .9 SECTION6.1 TERM.............................................................................................................................................9 SECTION 6.2 SIGNATURES 10 Firefighters'MOU 2007-2010 7 ARTICLE I-GENERAL PROVISIONS SECTION 1.1 PREAMBLE v This Memorandum of Understanding is made and entered into between the City of Atascadero,hereinafter referred to as the"City"and the Atascadero Firefighters Bargaining Unit, 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 positions: • Firefighter Classification • Firefighter • Firefighter/Paramedic • Firefighter/HazMat Specialist • Firefighter/Paramedic/HazMat Specialist • Fire Engineer Classification • Fire Engineer • Fire Engineer/Paramedic • Fire Engineer/HazMat Specialist • Fire Engineer/Paramedic/HazMat Specialist Fire Captain Classification • Fire Captain • Fire Captain/Paramedic • Fire Captain/HazMat Specialist • Fire Captain/Paramedic/HazMat Specialist Fire Marshal Classification • Fire Marshal/Code Compliance Officer For purposes of this MOU positions with a Paramedic and/or HazMat Specialist designation are hereinafter included in any reference to Firefighter,Fire Engineer,and Fire Captain. 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 Fireriighters'MOU 2007-2010 Page 1 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 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-Milias-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. �1rry b. The City will abide by the Meyers-Milias-Brown Act where and when it applies to the Association. ARTICLE II-RESPECTIVE RIGHTS SECTION 2.1 ASSOCIATION RIGHTS The Association shall have the following rights and responsibilities: a. Reasonable advance notice of any City ordinance,rule,resolution,or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council. b. Reasonable use of one bulletin board at all Fire Department stations. c. The right to payroll deductions made for payments or organization dues and for City approved programs. d. The use of City facilities for regular,normal and lawful Association activities,providing that approval of the City Manager or his/her designee has been obtained. e. Reasonable access to employee work locations for officers of the Association and their officially designated representatives for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation. Access shall be restricted so as not to interfere with the normal operations of any department or with established safety or security requirements. Firefighters'MOU 2007-2010 Page 2 9 SECTION 2.2 CITY RIGHTS a. The authority of the City includes,but is not limited to,the exclusive right to determine the standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees,take disciplinary action for just cause",relieve its employees from duty because of lack of work or for other legitimate reason;maintain the efficiency of governmental operations,determine the methods,staffing and personnel by which governmental operations are to be conducted;determine the content of job classifications;take all necessary actions to cavy out its mission in emergencies,exercise complete control and discretion over its organizations 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. SECTION 2.3 PEACEFUL PERFORMANCE a. 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,sit- down,stay-in,sick-out,slow-down,or 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. b. 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. ARTICLE III--HOURS OF WORK AND OVERTIME SECTION 3.1 HOURS OF WORK a. Work Period The normal work period,pursuant to Section 207(k)of the Fair Labor Standards Act,shall be twenty-eight(28) days for all full-time permanent sworn safety positions with the exception of the Fire Marshal/Code Enforcement Officer All hours worked in excess of the employees regularly recurring work schedule shall be paid at the overtime rate of one and one-half of the employee's regular rate of pay The normal work period for the Fire Marshal/Code Enforcement Officer shall be seven(7)days with a maximum non- overtime of forty(40)hours. b. Definition of Shift Employees Firerighters'MOU 2007-2010 Page 3 110 Shift employees(excluding administrative assignments)are assigned to positions which duties are performed on a twenty-four(24)hour day seven(7)days a week basis,and include: • Firefighter • Fire Engineer • Fire Captain SECTION 3.2 OVERTIME a. Rate Employees shall be paid overtime at the rate of time and one-half his/her regular rate of pay b. Hours Paid Paid time off shall be considered time worked for overtime purposes. c. Compensatory Time(CT) Notwithstanding the provisions of this section,employees may be granted CT for overtime credit computed at time and one-half at the mutual convenience of the Fire Department and the employee.Employees may accumulate up to six(6)shifts(144 hours)of Compensatory Time. d. Scheduling Compensatory Time Off(CT) Requests to use CT shall be granted with due regard for operational necessity such as staffing levels. e. Compensatory Time(CT)Payoff ,► CT may be paid off at the option of the employee. The payoff shall be included in the next regularly scheduled bi- weekly payroll period following the request. SECTION 33 CALLBACK PAY Employees who are called to duty at a time they are not working shall be compensated a minimum compensation of two (2)hours at time and one-half rate of pay SECTION 3.4 STANDBY TIME a. Employees assigned standby duty shall receive twenty-five dollars($25.00)for each day of standby duty A day is defined as a 24-hour period. b. Employees responding to work from standby shall receive time and one-half pay with a minimum of one hour and twenty minutes once called back. Employees responding to work as a result of an emergency callback request shall receive time and one-half pay with a minimum of two hours pay c. Employees on standby status shall monitor both radio and alpha numeric pages at all times,and be able to respond to the predetermined duty assignment within twenty minutes from the time of notification. ARTICLE IV-PAY PROVISIONS SECTION 4.1 SALARY Firefighters'MOU 2007-2010 Page 4 *n° 11 This three(3)year agreement shall provide pay increases according to the following formula and schedule: Year I(effective July2007)—5%COLA plus an additional inequity adjustment of 8%for Firefighter,Fire Engineer,Fire Marshal and Fire Captain. Year 2(effective July 2008)—3%COLA,plus an additional inequity adjustment of I% for Firefighter,Fire Engineer Fire Marshal and Fire Captain. Year 3(effective July 2009)—3%COLA,plus an additional inequity adjustment of 1%for Firefighter Fire Engineer Fire Marshal and Fire Captain. The following monthly salaries become effective uly 1,2007 CLASSIFICATION A B C D E Firefighter 4,450.90 4,67345 4,907 12 5,152.47 5,410.10 Firefi hter/HazMat Specialist 4,539.92 4,766.91 5,005.26 5,255.52 5,518.30 Firefighter/Paramedic 4,895.99 5,140.79 5,397.83 5,66772 5,951 11 Firefi hter/Paramedic/HazMat Specialist 4,985.01 5,234.26 5,495.97 5,770.77 6,059.31 Fire Engineer 4,78744 5,026.81 5,278.15 5,542.06 5,81916 Fire En ineer/HazMat Specialist 4,883 19 5,127.35 5,38372 5,652.90 5,935.55 Fire Engineer/Paramedic 5,266.18 5,52949 5,805.97 6,096.27 6,401.08 Fire En ineer/Paramedic/HazMat Specialist 5,361.93 5,630.03 5,911.53 6,207 11 6,51746 FireMarshal/Code Enforcement Officer 5,680.60 5,964.63 6,262.86 6,576.00 1 6,904.80 Fire Captain 5,680.60 5,964.63 6,262.86 6,576.00 6,904.80 Fire Ca tain/HazMat Specialist 5,794.21 6,083.92 6,388.12 6,707.52 7,042.90 Fire Captain/Paramedic 6,248.66 6,561.09 6,88915 7,233.61 7,595.29 Fire Ca tain/Paramedic/HazMat Specialist 6,362.27 6,680.39 7,01440 7,365 13 7,733.38 a. Steps B,C,D,and E may be paid upon completion of twelve months of employment at the preceding step where the employee has demonstrated at least satisfactory job progress and normally increasing productivity, and upon recommendation of the Department Head and approval of the City Manager b. Employees who are trained,qualified and assigned by the Fire Chief to E.M.T Paramedic duties shall receive ten percent(10%)more in base salary than those positions within the same classification without paramedic duties. Firefighters'MOU 2007-2010 Page 5 12 c. Employees who serve on the San Luis Obispo County Hazardous Incident Response Team(SLOHIRT)shall receive 1*WW two percent (2%) more in base salary than those positions within the same classification which do not serve on SLOHIRT d. The Association and the City recognize that the Memorandums of Understanding in the years since 1998 have been incremental steps in correcting salary inequities between Atascadero employees and the comparisons within San Luis Obispo County It is further recognized that the salary schedule is a continuing attempt to bring Atascadero salaries to the mean with the surveyed cities following the initial inequity adjustment,and may be subject to change in future negotiations. The City will provide the Association with a report regarding revenues/expenses and a salary survey in April 2010. SECTION 4.2 EDUCATION INCENTIVE PAY Employees shall be reimbursed up to $1,600 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. SECTION 4.3 RETIREMENT a. Employees will be provided retirement benefits through the California Public Employees Retirement System (CaIPERS). Firefighters,Fire Engineers,Fire Marshal/Code Enforcement Officer and Fire Captains will be provided benefits pursuant to the 3% @ 50 Full formula (Section 21362.2 of the Government Code) for Sworn Safety Members(as defined by Ca1PERS)and the City will pay the employee contribution of nine percent(9%) b. The Ca1PERS retirement for Sworn Safety Members(as defined by Ca1PERS)includes Level Four(4)of the 1959 Survivor's Benefit. The employees shall pay the monthly cost of the benefit. c. The City shall implement the Military Service Credit(Section 20930.3 of the Government Code)provided there is no direct cost to the City The City shall provide Credit for Unused Sick Leave (Section 20965)and One Year Final Compensation(Section 20042)benefits. d. Employees have expressed a desire to receive the PERS benefit "Converting EPMC to Salary in the Final Compensation Period"as allowed under Government Code Section 20962. It is agreed to implement this benefit if it can be done at no cost to City City will work with PERS to determine costs and limitations and bring its findings back to the Association prior to January 1,2008 for further action. SECTION 4.4 SICK LEAVEISTAY WELL PLAN a. Unit members shall earn and use sick leave subject to the provisions of the City of Atascadero Rules and Regulations.It is agreed that nothing herein shall be construed as providing any vested right,monetary or otherwise,to any unused sick leave existing at time of discharge or voluntary separation from City service, except at time of retirement in accordance with the City's Public Employees Retirement System contract. b. Sick leave accumulates at a rate of 5.54 hours per pay period. There is no limit to the accumulation. c. Employees with 576.16 or more hours 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 fifty-two(52)week 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 576.16 hours of sick leave. Firefighters'MOU 2007-2010 Page 6 �Wrr+ 13 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 144.04 hours). 3 Checks will be prepared by December 15 of each year SECTION 4.5 VACATION LEAVE a. Employees shall be entitled to vacation leave consistent with the City Personnel Rules and Regulations. b. It is agreed and understood that the taking of vacation shall be as scheduled by the Fire Chief subject to the needs of the City SECTION 4.6 HOLIDAYS a. Employees shall receive five and 6/10(5.6)shifts annually or 5 17 hours bi-weekly Said holidays shall be credited in accordance with procedures established by the Personnel Officer b. Holiday time may be used as either paid time off or paid in cash at the option of the employee with the approval of the Fire Chief. SECTION 4.7 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,significant other,child,stepchild,parent,grandparent,grandchild,son-in-law,daughter-in-law mother in-law,father-in-law,brother,sister,brother-in-law,and sister-in-law SECTION 4.8 MILITARY LEAVE Military leave shall be granted in accordance with the provisions of State and Federal law All employees entitled to military leave shall give the appointing power an opportunity within the limits of military regulations to determine when such leave shall be taken. SECTION 4.9 COMMON MESS ARRANGMENT Unit employees under a common mess arrangement,agree to contribute to congregate meals at the station house in the amount required to cover the cost of those meals,irrespective of whether the employee chooses to eat the meal. SECTION 4.10 BILINGUAL PAY The City shall pay an additional 2.5%of salary to those employees who are able to speak one of the top two non-English languages as defined by the U.S.Census. A testing mechanism mutually agreed to by both parties will be created to assess language abilities before qualifying for the incentive. ARTICLE V HEALTH AND WELFARE SECTION 5.1 HEALTH INSURANCE COVERAGE a. For unit members who elect to have"Family"coverage,the City shall pay a total of$955.50 per month toward the Firefighters'MOU 2007-2010 Page 7 14 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. b, For unit members who elect to have'Employee+1" coverage,the City shall pay a an amount not to exceed$847.67 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. 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. c. For unit members who elect to have"Employee Only"coverage,the City shall pay an amount not to exceed$722.12 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 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. d. The City shall provide term life insurance coverage for each employee in a total amount of fifteen thousand dollars ($15,000)during the term of this agreement. e. The City shall provide a term life insurance policy for each eligible dependent enrolled in health coverage in a total amount of one thousand dollars($1,000)per dependent during the term of this agreement. f. The Medical Insurance Committee shall be comprised of one representative from each of the bargaining units(as r designated by the bargaining unit)and one from the City The Committee shall regularly review the health plan and study health insurance issues including, but not limited to, Health Maintenance Organizations (HMO's), cost containment,etc.,and make recommendations to the City Manager g. The City shall make available to employees covered by this MOU a Flexible Benefit Plan, in compliance with applicable Internal Revenue Code provisions. The plan will enable an employee to,on a voluntary basis,cover additional out of pocket premium expenses for insurance through pretax payroll dollars. SECTION 5.2 UNIFORM ALLOWANCE The purpose of the uniform allowance is for the purchase,replacement,maintenance and cleaning of uniform clothing, including t-shirts and hats. a. The City shall provide an annual uniform allowance of eight hundred fifty dollars($850) for each Association employee. b. The City will make an up front lump-sum payment of the current fiscal year's uniform allowance no later than the second pay day in July c. Upon initial hire the employee will receive a prorated amount based upon the number of days remaining until July 1 The City would at the same time advance the new employee an amount that, when added to his initial uniform allowance,would equal$850. The amount advanced upon hire would then be deducted from the employee's first full uniform allowance check received the following July (Example:If an employee worked six months in the first Firefighters'MOU 2007-2010 Page 8 VOW 15 fiscal year he/she would receive$850 in that first year and$425 in the second fiscal year All subsequent years the employee would receive the full$850 until separation from the City) d. When an employee separates from the City the uniform allowance will be prorated based upon the number of days employed in the then current fiscal year and any amounts owed to the City will be deducted from his/her final check. SECTION 5.3 PROBATION The probationary period for newly hired Firefighters or Fire Engineers shall be eighteen months. The probationary period for employees promoted to Fire Engineer or Fire Captain shall be twelve months. SECTION 5.4 PROMOTIONAL OPPORTUNITIES Upon completion of the probationary period,qualified employees in the classification of Firefighter will be provided an opportunity to be examined and promoted to the classification of Fire Engineer provided there is a vacancy There shall be a maximum of ten(10)Fire Engineer positions funded. ARTICLE VI—OTHER SECTION 6.1 PHYSICAL FITNESS The parties agree to establish a committee consisting of an equal number of representatives from the City and the Association for the purpose of developing a physical fitness program that will be implemented in the Fire Department for all employees in the unit. The committee will meet as needed to develop recommendations for the Fire Chief. The physical fitness program will include the following elements: 1)Mandatory participation,2)Established standards,and 3)City-provided physicals. SECTION 6.2 HEALTH AND WELLNESS EXAMS The City shall add to the Fire Department budget three hundred fifty dollars($350)per full-time employee for health and wellness exams according to the following schedule: • Annually for Fire Department safety personnel aged 40 and over • Every other year for Fire Department safety personnel aged 30-39 • Every three years for Fire Department safety personnel aged 20-29 The total amount budgeted will be coordinated in cooperation with the City This amount will be paid directly to the health care professional or medical group and not to the employee. SECTION 63 CELL PHONE REIMBURSEMENT City agrees to reimburse each full-time employee a flat rate of nine dollars($9.00)per month for the use of their personal cell phone for City business. This amount will be paid once per year in a lump sum amount. Where applicable,the months will be pro-rated. ARTICLE VII CLOSING PROVISIONS SECTION 7.1 TERM The term of this MOU shall commence on July 1 2007,and expire on June 30,2010. Firefighters'MOU 2007-2010 Page 9 *4001✓ 16 *40W SECTION 7.2 SIGNATURES This MOU has been ratified and adopted pursuant to the recommendati of the f1owin epresentatives. 61�Association Date Association Date CITY OF ATAS ADERO Mayor J Date City Manager Date APPROVED AS TO FORM City A'txorney Ilat Firefighters'MOU 2007-2010 Page 10 17 Attachment 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE ATASCADERO POLICE ASSOCIATION AND CITY OF ATASCADERO JULY 1 , 2009 THROUGH JUNE 30, 2010 APA MOU 2009-2010 18 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 Atascadero Police Association,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 positions: Police Officer Classification • Police Officer • Police Officer—Intermediate POST • Police Officer—Advanced POST Senior Police Officer Classification • Senior Police Officer • Senior Police Officer—Intermediate POST • Senior Police Officer—Advanced POST Police Sergeant Classification • Police Sergeant • Police Sergeant—Advanced POST • Police Sergeant—Supervisory POST _Property Evidence Technician Classification • Property Evidence Technician • Property Evidence Technician—EMD Support Services Classification • Police Records Technician • Support Services Technician • Support Services Technician EMD • Support Services Lead Technician • Support Services Lead Technician EMD • Support Services Supervisor • Support Services Supervisor EMD For purposes of this MOU positions with a POST or EMD designation are hereinafter included in any reference to Police Officer,Senior Police Officer Sergeant,Support Services Technician,Support Services Lead Technician and Support Services Supervisor 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 APA MOU 2009-2010 Page 1 19 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 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-Milias-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-Milias-Brown Act where and when it applies to the Association. ARTICLE II RESPECTIVE RIGHTS SECTION 2.1 ASSOCIATION RIGHTS The Association shall have the following rights and responsibilities- a. Reasonable advance notice of any City ordinance,rule,resolution,or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council. b Reasonable use of one bulletin board at the Atascadero Police Department. c The right to payroll deductions made for payments or organization dues and for City approved programs. d. The use of City facilities for regular normal and lawful Association activities,providing that approval of the City Manager or his/her designee has been obtained. e. Reasonable access to employee work locations for officers of the Association and their officially designated representatives for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation. Access shall be restricted so as not to interfere with the normal operations of any department or with established safety or security requirements. APA MOU 2009-2010 Page 2 20 SECTION 2.2 CITY RIGHTS �1i1nr. a. The authority of the City includes, but is not limited to, the exclusive right to determine the standards of service determine the procedures and standards of selection for employment and promotion, direct its employees take disciplinary action for just cause relieve its employees from duty because of lack of work or for other legitimate reason;maintain the efficiency of governmental operations,determine the methods,staffing 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 organizations 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. SECTION 2.3 PEACEFUL PERFORMANCE a. 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,sit- down, stay-in, sick-out,slow-down,or 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. b 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 *4W 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. ARTICLE III HOURS OF WORK AND OVERTIME SECTION 3.1 HOURS OF WORK a. Work Period In general,employees shall be scheduled to work consecutive days on and consecutive days off. Work schedule changes(e.g.,from 5/8 to 4/10,3/12 or 9/80)require a 30-day notice by the Chief of Police or their designee or the Association. Either party may request a change in work schedules by written notification at least thirty(30)days in advance of proposed changes. The normal work period,pursuant to Section 207(k)of the Fair Labor Standards Act, shall be fourteen(14)days. All hours worked in excess of the employee s regularly recurring 80-hour biweekly work schedule shall be paid at the overtime rate of one and one-half the employee s regular rate of pay b Mealtime Mealtime for shift employees is thirty(30)minutes of paid time. c. Mealtime Call-out for Shift Employees APA MOU 2009-2010 Page 3 21 Mealtime may be taken during the shift if the workload permits and as authorized and scheduled by the shift supervisor Shift employees receive mealtime as paid time,and therefore shift employee shall be subject to call out during mealtime. d. Rest Periods Rest periods will normally be provided to employees at the rate of fifteen (15) minutes for each four- (4)hours worked. Rest periods are not to be construed as mealtime. Insofar as practical,rest periods shall be in the middle of each work period. Rest periods cannot be used in conjunction with a meal periods,nor may rest periods be taken during the employee s first or last scheduled hour of work. e Missed Rest Periods and Mealtime Rest periods are paid time,therefore nothing in this section provides for or implies any additional compensation or benefits if a rest period is not taken. Mealtime is paid time,therefore nothing in this section provides for or implies any additional compensation or benefit if a meal period is not completed or taken. f Definition of Shift Employees Shift employees are assigned to positions in which duties are performed on a twenty-four(24)hour day seven(7) days a week basis, and include: Police Officer Senior Police Officer Police Sergeant, Property Evidence Technician, Support Services Technician, Police Records Technician, Support Services bead Technician and Support Services Supervisor g. Shift Trade Employees of equal rank will be allowed to trade shifts from time to time as long as the following criteria is met: I The trade does not adversely impact the Department's operating needs. 2. The trade does not result in the payment of overtime to the trading employees. 3 The trade is by mutual consent of the employees involved. 4 The trade request must be submitted in writing to the employees supervisor signed by both employees and approved by the Police Chief or his/her designee. 5 The trade days occur within the same pay period. SECTION 3.2 OVERTIME a. Rate Employees shall be paid overtime at the rate of time and one-half his/her regular rate of pay All overtime shall be recorded and paid in the following manner- ] to 15 minutes,overtime compensation—'/a hour 16 to 30 minutes,overtime compensation—'/z hour 31 to 45 minutes,overtime compensation—3/a hour 46 to 60 minutes,overtime compensation— 1 hour b Hours Paid Paid time off shall be considered time worked for overtime purposes. APA MOU 2009-2010 Page 4 22 c Compensatory Time(CT) Notwithstanding the provisions of this section,employees may be granted CT for overtime credit computed at time and one-half at the mutual convenience of the Police Department and the employee.Employees may accumulate a maximum of eighty(80)hours in their CT account. d. Scheduling Compensatory Time Requests to use CT shall be granted with due regard for operational necessity such as staffing levels. e. Schools/Training/Qualifications/Department Meetings Overtime for Sergeants,Police Officers or Senior Police Officers as the result of Department-wide training and meetings authorized by the Chief of Police will be compensated at the time and one-half overtime rate. Hours traveling,studying,or evening classes,etc when an employee is attending an out-of-town school shall not constitute overtime hours. SECTION 3.3 CALLBACK PAY Employees who are called to duty at a time they are not working shall be compensated a minimum compensation of two (2)hours at time and one-half rate of pay SECTION 3.4 COURT TIME/STANDBY TIME a. Employees assigned standby duty shall receive thirty-five dollars($35.00)for each day of standby duty A day is defined as a 24 hour period. b Employees placed on standby by the court at a time they are not working shall be compensated at the rate of two(2) hours straight time compensation for every four(4)hours of actual time in standby assignment,prorated for more or less than four hours. Minimum compensation will be for one(1)hour of straight time. c Employees responding to work from standby shall receive a minimum of two hours pay at straight time. Employees working in excess of one hour and twenty minutes once called back shall receive time and one-half pay for hours worked in excess of one hour and twenty minutes,or two hours straight time, whichever is greater d. The Chief of Police may place employees on standby status. Standby duty shall not be considered as hours worked for the purpose of computing overtime. e. Employees on standby status shall provide the Support Services Technician or their designee with a telephone number where he/she can be reached directly and be able to respond to the predetermined duty assignment within twenty minutes from the time of notification. 1%W APA MOU 2009-2010 Page 5 23 ARTICLE IV PAY PROVISIONS SECTION 4.1 SALARY This one(1)year agreement shall provide for no salary increases during this period. The following monthly salaries remain in effect July 1 2009- V 009 7 f WM16 Police Records Technician 3,13305 3,28971 3,45419 3,62691 3,808.25 Support Services Technician 3,715.36 3,901 12 4,09618 4,30098 4,51603 Support Services Technician EMD 3,765.36 3,95363 4,151 31 4,358.88 4,57682 Support Services Technician Longevity 3,901 12 4,09618 4,30098 4,51603 4,741 84 Support Services Technician EMD- Longevity 3,951 13 4,148.70 4,35614 4,57395 4,80264 Support Services Lead Technician 3,998.64 4,198.57 4,40851 4,62894 4,86039 Support Services Lead Technician EMD 4,04864 4,251 07 4,46362 4,686.80 4,921 14 Support Services Lead Technician - Longevity 4,198.57 4,408.51 4,62894 4,86039 5,10341 Support Services Lead Technician EMD Longevity 4,248.57 4,46101 4,68406 4,918.26 5,16416 Property Evidence Technician 4,09619 4,30099 4,51604 4,741.85 4,97894 ' Property Evidence Technician EMD 4,146.19 4,35350 4,571 18 4,79974 5,03973 Property Evidence Technician - Longevity 4,300.99 4,51604 4,741.85 4,97894 5,22788 Property Evidence Technician EMD -Longevity 4,351 00 4,56856 4,796.99 5,03684 5,288.67 Police Officer 4,741.84 4,97893 5,227.87 5,489.27 5,76373 Police Officer-Intermediate POST 4,860.39 5,10341 5,358.58 5,62650 5,90783 Police Officer-Advanced POST 4,97894 5,227.88 5,489.27 5,76372 6,051 91 Senior Police Officer 4,978.94 5,227.88 5,489.28 5,76374 6,051 93 Senior Police Officer-Intermediate POST 5,10342 5,35859 5,626.53 5,907.86 6,203 25 Senior Police Officer-Advanced POST 5,227.89 5,489.29 5,76375 6,051.94 6,354.54 Support Services Supervisor 4,978.94 5,227.88 5,489.28 5,76374 6,051.93 Support Services Supervisor EMD 5,028.94 5,28039 5,54441 5,821 63 6,112.71 APA MOU 2009-2010 Page 6 24 Support Services Supervisor- Longevity 5,22788 5,489.28 5,76374 6,051.93 6,35453 Support Services Supervisor EMD- Longevity 5,27789 5,541 79 5,81888 6,10982 6,41530 Police Sergeant 5,90780 6,203 19 6,51335 6,83902 7,18097 Police Sergeant-Advanced POST 6,05549 6,358.27 6,67619 7,01000 7,36050 Police Sergeant Supervisory POST 6,203.21 6,51336 6,83903 7,18098 7,54003 a. Steps B,C,D and E shall be paid upon completion of twelve months of employment at the preceding step where the employee has demonstrated at least satisfactory job progress and normally increasing productivity and upon recommendation of the Department Head and approval of the City Manager b Police Officers and Senior Police Officers who possess a P O.S T Intermediate Certificate shall receive two and one-half percent(21/2%)more in base salary than those positions within the same classification without a P O.S.T Intermediate Certificate. c Police Officers and Senior Police Officers who possess a P O.S T Advanced Certificate will receive two and one- half percent (2%z%) more in base salary than those positions within the same classification without a P O.S.T Advanced Certificate,in addition to 4 Lb above. d. Police Sergeants who possess a P O.S.T Advanced Certificate will receive two and one-half percent(2ih%)more in base salary than those positions within the same classification without a P O.S.T Advanced Certificate. e. Police Sergeants who possess a P O.S.T Supervisory Certificate will receive two and one-half percent(2'/2%)more in base salary than those positions within the same classification without a P O.S T Supervisory Certificate, in addition to 4 l.d above. APA MOU 2009-2010 Page 7 25 f Each Support Service Technician,Property Evidence Technician,Lead Support Services Technician or Support Services Supervisor having the Emergency Medical Dispatch(EMD)Certification will receive$50.00 per more in base salary per month than those positions within the same classification without an EMD Certificate. SECTION 4.2 INCENTIVE PAY a. Employees shall be reimbursed up to$1,600 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. b Employees in the Support Services Technician,Support Services Lead Technician,Property Evidence Technician, and Support Services Supervisor classifications,after five years of continuous service and above-average or better evaluations,shall receive five percent(5%)in additional pay to their base salary SECTION 4.3 RETIREMENT a Employees will be provided retirement benefits through the California Public Employees Retirement System (CAPERS).Police Officers,Senior Police Officers and Police Sergeants will be provided benefits pursuant to the 3% @ 50 Full formula(Section 21362.2 of the Government Code)for safety employees and the City will pay the employee contribution of nine(9%)percent. b Effective July 1 2007 the Police Records Technician,Support Services Technician,Property Evidence Technician, Support Services Lead Technician and Support Services Supervisor(Ca1PERS miscellaneous unit members)were provided benefits pursuant to the 2.5%@ 55 formula 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 eight percent(8%). Employees in the Ca1PERS miscellaneous unit will pay the remaining 2.15%of the employee contribution. c The Ca1PERS retirement for Sworn Safety Members(as defined by Ca1PERS)includes Level Four(4)of the 1959 ' Survivor's Benefit. The employees shall pay the monthly cost of the benefit. The City shall provide the One Year Final Compensation(Section 20042)and Credit for Unused Sick Leave(Section 20965)benefits. o The City shall provide CalPERS the Post Retirement Survivor benefit for Miscellaneous Members. SECTION 4.4 SICK LEAVE/STAY WELL PLAN a. Sick leave accumulates at a rate of eight(8)hours per month. There is no limit to the accumulation. b Employees with 384 or more hours 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 52 week 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 384 hours 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 during six(6) months employment to attend to the illness of a child,parent or spouse. ARA MOU 2009-2010 Page 8 26 SECTION 4.5 VACATION LEAVE Employees shall be entitled to vacation leave consistent with the City Personnel Rules and Regulations. SECTION 4.6 HOLIDAYS a. Employees shall receive twelve(12)holidays per calendar year Said holidays shall be credited in eight(8)hour increments on the I"day of the first full pay period of each month. Holidays must be used within the calendar year Employees may take holiday time off consistent with the scheduling needs of the City and subject to approval of the Chief of Police. b Employees shall be allowed to accrue holiday hours prior to required payoff. Employees may not accumulate and have a current credit of more than ninety-six(96)hours of holiday time. C Employees who have not used their accrued holiday time by December 31" will be paid for all accrued holiday hours,no later than the second payday of January d. Employees may elect to apply the value of accrued holiday hours to their deferred compensation account. Election forms must be completed and received no later than December 31" to be processed no later than the second payday of January SECTION 4.7 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,significant other child,stepchild,parent,grandparent,grandchild,son-in-law daughter-in-law mother in-law father-in-law brother sister brother in-law and sister in-law SECTION 4.8 MILITARY LEAVE Military leave shall be granted in accordance with the provisions of State and Federal law All employees entitled to military leave shall give the appointing power an opportunity within the limits of military regulations to determine when such leave shall be taken. SECTION 4.9 OUT-OF-CLASS PAY Employees who are assigned to work out of class for fifteen(15)or more consecutive days shall receive five percent (5%)of current base salary in addition to regular salary SECTION 4.10 CANINE HANDLER PAY The time spent by a canine handler in the care, grooming and feeding of his/her assigned police dog shall be hours worked payable at the time and one-half overtime rate per hour of the handler It is agreed that canine handlers normally spend 7 hours per biweekly pay period performing such work and written authorization from the Police Chief must be obtained to perform such work for more than 7 hours. Such hours worked shall not be interpreted to be (1) shift extension,(2)callback to work,or(3)scheduled work performed in excess of the regular shift for overtime purposes. SECTION 4.11 FIELD TRAINING OFFICER INCENTIVE PAY a. Police Officers assigned to act in the capacity of Field Training Officer shall be compensated at the rate of$.87 per hour not to exceed$150 00 per month. Compensation shall be provided only for hours actually spent serving in the capacity of Field Training Officer APA MOU 2009-2010 Page 9 27 b Support Services Technicians assigned to act as a trainer of a newly hired employee shall be compensated at the rate of$ 87 per hour not to exceed$I50 00 per month. Compensation shall be paid only for hours actually spent serving in the capacity of a trainer c. Compensation shall be provided only when the Chief of Police or designee has specifically authorized the assignment. SECTION 4.12 ACTING WATCH COMMANDER PAY a. Each Police Officer assigned as Acting Watch Commander will receive$1 00 per hour for each hour worked in the capacity of acting watch commander as compensation for additional responsibility SECTION 4.13 BILINGUAL PAY The City shall pay an additional 2.5%of salary to those employees who are able to speak one of the top two non-English languages as defined by the U.S Census. A testing mechanism mutually agreed to by both parties will be created to assess language abilities before qualifying for the incentive. ARTICLE V HEALTH AND WELFARE SECTION 5.1 HEALTH INSURANCE COVERAGE a. For unit members who elect to have `Family"coverage,the City shall pay a total of$1,052.87 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. b For unit members who elect to have `Employee+1 coverage, the City shall pay a total of$905.53 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. c. For unit members who elect to have `Employee Only"coverage,the City shall pay an amount not to exceed$491.32 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 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. This amount shall not exceed$240.56 per month. d. The City shall provide term life insurance coverage for each employee in a total amount of twenty thousand dollars ($20,000)during the term of this agreement. e. The City shall provide a term life insurance policy for each eligible dependent enrolled in health coverage in a total amount of one thousand dollars($1,000)per dependent during the term of this agreement. f. The Medical Insurance Committee may recommend changes in the level of service and service providers to the City during the term of the agreement.Each recognized bargaining unit shall have a representative on the committee,and management will have one representative. 1090 APA MOU 2009-2010 Page 10 28 g The City shall make available to employees covered by this MOU a Flexible Benefit Plan, in compliance with applicable Internal Revenue Code provisions. The plan will enable an employee, on a voluntary basis to cover additional out of pocket premium expenses for insurance through pretax payroll dollars. h. State Disability Insurance — The City shall provide State Disability Insurance as a payroll deduction of each employee in the classification of Police Records Technician, Support Services Technician, Property Evidence Technician,Support Services Lead Technician,and Support Services Supervisor State Disability Insurance shall be integrated with sick leave with the objective of providing full compensation. SECTION 5.2 UNIFORM/SAFETY EQUIPMENT ALLOWANCE The purpose of the uniform allowance is for the purchase,replacement,maintenance,and cleaning of uniform clothing. a The City shall provide an annual uniform allowance of eight hundred dollars($800)for all eligible Police Officers, Senior Police Officers and Police Sergeants. b The City will make an up front lump sum payment of the current fiscal year's uniform allowance no later than the second pay day in July c Upon initial hire the employee will receive a prorated amount based upon the number of days remaining until July I The City would at the same time advance the new employee an amount that when added to his initial uniform allowance would equal$800 The amount advanced upon hire would then be deducted from the employees fust full uniform allowance check,the following July (Example:If an employee worked six months in the first fiscal year he/she would receive$800 in that first year and$400 in the second fiscal year All subsequent years the employee would receive the full$800 until separation from the City) d When an employee separates from the City the Uniform Allowance will be prorated based upon the number of days employed in the then current fiscal year and any amounts owed to the City will be deducted from his/her final check. e Uniforms damaged on duty shall be replaced as prorated by the Police Chief Employees are required to seek reimbursement through the courts with all practical diligence. f The City shall provide the Police Records Technician,Support Services Technicians,Property Evidence Technician, Lead Support Services Technician and Support Services Supervisor with uniforms as needed,in accordance with the Uniform Policy g. The City shall make available to Police Officers,Senior Police Officers and Police Sergeants a bulletproof vest. Employees requesting a vest shall certify that they will wear the vest at all times,except in extreme climatic conditions. Vests shall be replaced or refurbished each 4 or 5 years as manufacturer's specifications dictate. Employees already owning a vest shall continue to use them until repair or refurbishment becomes necessary as determined by the Chief of Police. h. The following additional safety equipment shall be provided to all Police Officers,Senior Police Officers and Police Sergeants by the City• ■ Service weapon ■ Baton • Duty belt with holster,keeper straps,handcuff case,chemical mace pouch,key ring,baton ring, ammunition pouch,radio holder ■ Helmet with face shield ■ Rain garment: The City shall comply with the requirements of CAUOSHA as it relates to providing rain gear including rain boots i. All city equipment shall be returned to the City upon the employee leaving such service. vftw APA MOU 2009-2010 Page 11 29 SECTION 5.3 PROBATION The probationary period for newly hired Police Officers Senior Police Officers or Police Sergeants shall be eighteen months. The probationary period for newly hired Police Records Technician, Support Services Technic ian,Support Services Lead Technician or Support Services Supervisor shall be twelve months. The probationary period for employees promoted to Senior Police Officers or Police Sergeants shall be twelve months. The probationary period for employees promoted to Support Services Lead Technician shall be six months.The City shall have the option of granting a newly hired employee in a miscellaneous classification regular status at any time after nine(9)months of service. ARTICLE VI—OTHER SECTION 6.1 CELL PHONE REIMBURSEMENT The City agrees to reimburse each full-time employee a flat rate of ten dollars($10 00)per month for the use of their personal cell phone for City business. This amount will be paid once per year in a lump sum amount. Where applicable, the months will be pro-rated. ARTICLE VII CLOSING PROVISIONS SECTION 7.1 TERM The term of this MOU shall commence on July 1 2009 and expire on June 30,2010 SECTION 7.2 SIGNATURES This MOU has been ratified and adopted pursuant to the recommendation of the following representatives. `M10 APA Date APA Date CITY OF ATASCADERO Mayor Date City Manager v Date APPROVED WO FORM City Attorn Date APA MOU 2009-2010 Page 12 30 c Attachment 3 MEMORANDUM OF UNDERSTANDING BETWEEN THE LOCAL 620 SERVICE EMPLOYEES INTERNATIONAL UNION ATASCADERO CHAPTER AND CITY OF ATASCADERO JULY 15 2009 THROUGH JUNE 305 2010 31 MEMORANDUM OF UNDERSTANDING LOCAL 620 SERVICE EMPLOYEES INTERNATIONAL UNION ATASCADERO CHAPTER JULY 1,2009 THROUGH JUNE 30,2010 TABLE OF CONTENTS ARTICLE I-GENERAL PROVISIONS......... 1 SECTION 1 I PREAMBLE.. 1 SECTION 1.2 RECOGNITION I SECTION 1.3 SEVERANCE....................... 2 SECTION 14 SOLE AGREEMENT 2 SECTION 1.5 FULL FORCE AND EFFECT 2 SECTION 1 6 GENERAL PROVISIONS 2 ARTICLE II -RESPECTIVE RIGHTS 4 SECTION 2.1 UNION RIGHTS 4 SECTION 2.2 CITY RIGHTS 6 SECTION 2.3 PEACEFUL PERFORMANCE.. 6 SECTION 2 4 RESPECTIVE RIGHTS 7 ARTICLE III HOURS OF WORK AND OVERTIME 8 SECTION 3 1 HOURS OF WORK 8 SECTION 3.2 OVERTIME 8 SECTION 3.3 CALLBACK PAY 9 SECTION 3 4 STANDBY TIME 9 SECTION 3.5 PATCHING/PAVING WORK...... 9 ARTICLE 1V-PAY PROVISIONS 10 SECTION 4 1 SALARY 10 SECTION 4.2 EDUCATION INCENTIVE PAY I 1 SECTION 4.3 RETIREMENT I 1 SECTION 4 4 SICK LEAVE/STAY WELL PLAN 12 SECTION 4.5 VACATION LEAVE 12 SECTION 4.6 HOLIDAYS 13 SECTION 4 7 BEREAVEMENT LEAVE 13 SECTION 4 8 MILITARY LEAVE... 14 SECTION 4 9 WORK GLOVES 14 SECTION 4 10 WORK SHOES 14 SECTION 4 11 SAFETY GLASSES 14 SECTION 4 12 COMPUTER PURCHASE......... 15 SECTION 4 13 CERTIFICATION 15 ARTICLE V-HEALTH AND WELFARE 16 SECTION 5 1 HEALTH INSURANCE COVERAGE 16 SECTION 5.2 UNIFORMS 17 SECTION 5.3 PROBATION 17 ARTICLEVI -CLOSING PROVISIONS 18 SECTION 6 1 REOPENER 18 SECTION 6.2 TERM 18 SECTION 6 3 SIGNATURES 18 1400 32 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 Local 620 Service Employees International Union Atascadero Chapter,hereinafter referred to as the"Union 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 Union 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 Union as the recognized and exclusive representative for the following classifications. • Account Clerk I • Finance Technician Specialist • Account Clerk 11 • GIS Analyst I • Senior Zookeeper • Administrative Assistant . Inspector • System Administrator III • Administrative Secretary • Maintenance Leadworker • Technical Trainer 11 • Administrative Support a Maintenance Worker I • Technical Support Assistant a Maintenance Worker Il Specialist • Assistant Planner • Office Assistant I • WWTP Operator I • Associate Planner • Office Assistant 11 • WWTP Operator 11 • Building Maintenance a Office Assistant III • WWTP Operator III Specialist • Permit Coordinator • WWTP Operator in Training • Building Inspector I • Planning Technician • Zoo Education Curator • Building inspector II . Public Works Technician Zoo Facilities Maintenance • Building Inspector Ill • Recreation Coordinator Technician • Bldg tnsp/Plans Examiner • Registered Veterinary • Zookeeper I • Central Receptionist Technician • Zookeeper II • Engineering Technician I • Senior Planner • Engineering.;Technician It • Senior Technical Support b This recognition is exclusive of management employees,confidential employees and temporary employees c. The City agrees to meet and confer and otherwise deal exclusively with the Union 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 SEIU MOU 2009-2010 Page 1 33 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 Union 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 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 Union agree that to the extent that any provision addressing wages,hours,and terms and conditions of employment negotiable under the Meyers-Milias-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 Union. 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 g p yment that are negotiable subjects of bargaining under the Meyers-Mihas-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-Milias-Brown Act where and when it applies to the Union. 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 Union 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 SEIU.MOU 2009-.2010 page 2 34 within the scope of representation and an action is proposed by the City the Union shall be afforded all possible advance nonce 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 Union reserves its rights to take anv lawful action deemed necessary fir° SEIU MOU 2009-2010 Page 3 '' 35 ARTICLF 11 - RESPECTIVE RIGHTS SECTION 2.1 UNION RIGHTS The Union shall have the following rights and responsibilities. a. Reasonable advance notice of any City ordinance,rule,resolution,or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council. b. Reasonable use of one bulletin board at each work site for employees covered by this MOU c. The right to payroll deductions made for payments or organization dues and for City approved programs. d. The use of City facilities for regular,normal and lawful Union activities,providing that approval of the City Manager or his/her designee has been obtained. e. Reasonable access to employee work locations for officers of the Union and their officially designated representatives for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation. Access shall be restricted so as not to interfere with the normal operations of any department or with established safety or security requirements. f. The City will give reasonable notice to the Union if it intends to contract out the functions currently performed by employees within the Unit. Upon request, the City will meet with the Union to explain the reason for the decision to contract out and to solicit Union views on the proposal. Nothing in this Section shall be construed to limit the rights of the City Council to contract out work in its sole discretion. g. Agency Shop/Fair Share. The City shall notify the union when employees are newly assigned into the unit. The notice shall include the employee's name,Department and division and the date of entry into the unit. Employees transferred or hired into the unit subsequent to the effective date of an Agency Shop/Fair Share approval shall have thirty days from the date of their entry into the unit to comply with its terms. Unless a unit employee has.a)voluntarily submitted to the City an effective dues deduction request; b) individually made direct financial arrangements satisfactory to the Union as evidenced by notice of the same from the Union to the City; or c)qualified for exemption upon religious grounds as provided below,upon notice from the Union the City shall process a mandatory agency fee payroll deduction in the appropriate amount and forward that amount to the Union. SEN MOU 2009-2010 Page 4 36 The amount of the fee to be charged shall be determined by the union subject to applicable lav,,and shall therefore not exceed the normal periodic membership dues,initiation fees,and general assessments applicable to union members. As to "core" fee-payers, the agency fee charged shall not reflect expenditures which the Courts have determined to be non-chargeable. The union shall comply with applicable law regarding disclosure and allocation of its expenses and notice to employees of their right to object and pay only the"core fee" The Union shall make available an administrative appeals procedure to unit employees who object to the calculation of the "core fee" Such procedure shall provide for an impartial decision by a representative of the State Mediation& Conciliation Service(SMCS). Such appeals may be consolidated and shall be heard not less often than once per year A copy of such procedure shall be made available upon request by the Union to unit employees. The City shall promptly remit to the Union all monies deducted under this Article, accompanied by a list of employees for whom such deductions have been made. The City shall make every reasonable effort to distribute to each new employee in the unit a letter, supplied by the union, which describes the agency fee obligation. Any of the above-described payment obligations shall be processed by the City in the usual and customary manner and time frames utilized for dues deductions. Employees on an unpaid leave of absence or temporarily assigned out of the unit for an entire pay period or more shall have agency shop fees suspended. Fee deductions shall have the same priority as dues deductions in the current hierarch for partially compensated pay periods. Religious Exemption from Agency Fee Obligations a) Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to meet the above agency fee obligations, but shall pay be means of mandatory payroll deduction an amount equal to the agency fee to a non-religious,non- labor charitable organization exempt from taxation under Section 501 (c) (3) of the Internal Revenue Code,as designated by the employee from a list provided by the Union showing authorized deduction agencies as agreed upon between the City and the Union. b) To qualify for the religious exemption the employee must provide to the Union, with a copy to the City, a written statement of objection, along with verifiable evidence of membership in a religious body as described above. The Union will implement the change in status within thirty days or alternatively,notify the employee and the City that the requested exemption is not valid. SEIU MOU 2009-2010 Page 5 `%W 37 SECTION 2.2 CITY RIGHTS a. The authority of the City includes, but is not limited to the exclusive right to determine the standards of service, determine the procedures and standards of selection for employment and promotion, direct its employees, take disciplinary action for "just cause", relieve its employees from duty because of lack of work or for other legitimate reason, maintain the efficiency of governmental operations, determine the methods, staffing and personnel by which governmental operations are to be conducted,determine the content of fob classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organizations 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. SECTION 2.3 PEACEFUL PERFORMANCE a. '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 Union agrees that under no circumstances will the Union recommend,encourage,cause or promote its members to initiate,participate in,nor will any member of the bargaining unit take part in,any strike, sit-down, stay-in,sick-out, slow-down,or 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. b In the event of any work stoppage,during the term of this MOU,whether by the Union or by any member of the bargaining unit, the Union 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 Union promptly and in good faith performs the obligations of this paragraph, and providing the Union has not otherwise authorized, permitted or encouraged such work stoppage,the Union 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. SEIU MOU 2009-2010 Page 6 38 SECTION 2.4 RESPECTIVE RIGHTS The parties agree that during the term of this agreement,upon a request by either party,they shall reopen negotiations on changes to the Personnel Rules and Regulations. Provided, however,that the City shall not modify the Personnel Rules and Regulations subject to meet and confer without mutual agreement. SEW MOU 2009-2010 Page 7 39 ARTICLE III--HOURS OF WORK AND OVERTIME SECTION 3 1 HOURS OF WORK a. Work Period The normal work period shall be seven(7)days with a maximum non-overtime of forty(40) hours. b Shift Change Notification The City shall give employees reasonable,but at a minimum,a 72-hour notice of routine shift changes. Emergency shift changes shall be made on an as needed basis. c. Rest Periods Rest periods will normally be provided to employees at the rate of fifteen(15)minutes for each four(4) hours worked. Insofar as practical rest period shall be in the middle of each work period. Rest periods cannot be used in conjunction with meal periods, nor may rest periods be taken during the employee's first or last hour of work. Any employee required to work more than sixteen (16) hours within a twenty-four hour period shall be entitled to an eight hour rest period prior to returning to work. If any portion of the eight-hour rest period occurs during the employees' regularly scheduled work hours, the employee shall receive normal compensation for that time. This section shall not apply in the case of emergencies. d. Missed Rest Periods and Mealtime Regular fifteen-minute rest periods are paid time,therefore nothing in this section provides for or implies any additional compensation or benefits if a rest period is not taken. SECTION 3.2 OVERTIME a. Rate Overtime, shall be compensated at the rate of time and one-half the regular rate of pay All overtime shall be recorded and paid in the following manner- 1 to 15 minutes, overtime compensation- 1/4 hour 16 to 30 minutes, overtime compensation—1/2 hour 31 to 45 minutes, overtime compensation—3/4 hour 46 to 60 minutes, overtime compensation— 1 hour SEIU MOU 2009-2010 page 8 40 b. Hours Paid Overtime shall be paid after forty(40)hours worked in a work period. Paid time off shall be considered time worked for overtime purposes. c. Compensatory Time (CT) Notwithstanding the provisions of this section, employees may be granted CT for overtime credit computed at time and one-half at the mutual convenience of the City and the employee.Employees may accumulate a maximum of eighty(80)hours in their CT account. d.. Scheduling Compensatory Time Requests to use CT shall be granted with due regard for operational necessity such as staffing levels SECTION 3.3 CALLBACK PAY Employees who are called to duty at a time they are not working, and not on standby duty, shall be compensated a minimum compensation of two(2)hours at time and one-half rate of pay SECTION 3.4 STANDBY TIME a. Employees assigned standby duty shall receive thirty-five dollars($35 00)for each day of standby duty *haw b Call-out While on Stand-by Employees who are called to duty at a time they are not working shall be compensated a minimum of two(2)hours at straight time. Employees working in excess of one hour and twenty minutes once called back shall receive time and one-half pay for hours worked in excess of one hour and twenty minutes,or two hours straight time whichever is greater SECTION 3.5 PATCHING/PAVING WORK The City shall make a reasonable attempt to schedule patching work during days/times when temperatures are not expected to exceed 100 degrees. It is mutually understood that employees working with paving contractors must adhere to the contractors' work schedules. 5EIU MOU 2009-2010 Page 9 41 ARTICLE IV- PAY PROVISIONS SECTION 4 1 SALARY This one(I)year agreement shall provide for no salary increases in tlus period. The following monthly salaries shall remain in effect: Account Clerk 1 2,678.99 2,812.94 2,953.57 3,101.27 3,256.31 Account Clerk 11 2,953.58 3.101.28 3,256. 3,590.10 Administrative Assistant 31,679.87 3.863.85 4,05704 4,259.85 4.472.87 Administrative Secretary 3,101.28 3,256.32 3,419 13 3,590.10 3,769.58 Administrative Support Assistant 3,101.28 3,256.32 3,419 13 3,590.10 3,769.58 Assistant Planncr 3,863.85 4.05706 4,259.87 4,472.87 4,696.50 Associate Planner 4,472.90 4,696.54 4,931.35 5 177.90 5,436.78 Building Inspector 1 3,863.85 4,057.06 4,259.87 4,472.87 4,696.50 Building inSI)eCtOT 11 4,259.92 4,472.90 , 4,696.51 4,931.34 5,177.90_ Building Ins peclor/Plans Examiner 4,363 78 4,581.97 4,811.07 5,051.61 5,304 19 Building Maintenance Specialist 3.101.28 3,256.32 3,419 13 3,590 10 3,769.58 Central Receptionist 2,953.58 3,101.28 3,256.31 3,41913 3,590 10 Engineering Technician 1 3,101.28 3,256.32 3,419 13 3,590.10 3,769.58 EngineeringTechnician 11 3,504.63 1679.87 3,863.83 1 410--57.0-3- 4,259.85 '"Nov. Finance Technician 3,679.87 3,863.85 4,057.04 4,259.85 4,472.87 GIS Analvst 1 4,155.98 4.363 78 4,581 96 4,811.07 5,051.61 Inspector 3,863.85 4,057.06 4.259.87 4,472.87 4,696.50 Maintenance Leadworker 4,057.06 4,259.92 4,472.88 4,696.50 4,931.34 Maintenance Worker 1 2,745.96 2.883.26 3.02741 -3117-8,77 3,33772 Maintenance Worker 11 3.101.28 3,256.32 3419 13 3,590.10 3.769.58 Office Assistant 1 2,551 40 2,678.99 2,812.93 2,953.57 3.101.27 Office Assistant 11 2,812.94 2,953.58 3,101.27 -3,2-56-31 3,419 13 Office Assistant IN 2,953.58 3,101.28 3,256.31 3,41913 3.590 10 Permit Coordinator 3,02744 3,178.81 3,33773 3,504.60 3,679.83 Recreation Coordinator 3,504.63 3,679.87 3,863.83 4,057.03 4,259.85 Registered Veterinary Technician 3,02744 3,178.81 3,33773 3,504.60 3,679.83 Senior Planner 5,177.94 5.436.85 5.708.63 5,994.08 6,29378 Senior Technical_Support Specialist 1,863.85 , 4.057.06 4,259.87 4,472.87 4,696.50 SETU MOU 2009-2010 Page 10 42 Senior Zook c 3.590 11 1 3,769.59 3.958.06 4,15597 4.363 Svstems Administrator II1 5,177.94 5,436.85 5.708.63 5,994.08 6,29378 Technical Su tort Specialist 3,178.81 3,33775 3,504.61 3,679.83 3,863.82 Technical Traincr 11 3,679.87 3,863.85 4,057.04 4,259.85 4,472.87 WWTP Operator I 3,33775 3,50463 3,679.86 3,863.82 4.05703 WWTP Operator 11 3,679.87 3,863.85 4.05704 4,259.85 4,472.87 WWTP Operator 111 4,057.06 4.25992 4,472.88 4,696.50 4,931.34 WWTP Operator in Training 2,953.58 3,101.28 3.256.31 3,419 13 3,590.10 Zoo Education Curator 2,812.94 2.953.58 3,101.27 3,256.31 3,419 13 Zoo Facilities Maintenance Tech. 2,745.96 2,883.26 3,02741 3,1'78.77 3,33772 Zookee er 1 2,745.96 2,883.26 3.02741 3,178.77 3,33772 Zookee er 11 3,101.28 3,256.32 3,419 13 3,590.10 3,769.58 SEIU MOU 2009-2010 Page i l 43 a. 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 Employees may receive step increases at a period of less than twelve (12) months upon recommendation of the department head and approval of the City Manager b 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 step which produces at least a one step salary increase. c. The parties agree that the survey jurisdictions for unit classifications under this M.0 U shall be the cities of Arroyo Grande,Atascadero,Grover Beach,Morro Bay,Paso Robles,Pismo Beach, and San Luis Obispo d. The City will provide SEN a survey of comparable positions of the cities within San Luis Obispo County in March 2010 SECTION 4.2 EDUCATION INCENTIVE PAY a. 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,lob-related, and the employee received a passing grade. SECTION 4.3 RETIREMENT r.. a. Effective November 2003,the City began paying and reporting the value of Employer Paid Member Contributions(EPMC)as described in Resolution No 2003-058 b Effective July 1,2007,employees will be provided retirement benefits through the California Public Employees Retirement System (CaIPERS) pursuant to the 2.5% @ 55 formula, 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 eight percent(8%) Employees will pay the remaining 2.15%of the employee contribution. SECTION 4.4 SICK LEAVE/STAY WELL PLAN a. Sick leave accumulates at a rate of eight (8) hours per month. There is no limit to the accumulation. b. Employees with 384 or more hours of accumulated sick leave shall be eligible for the Stay Well Bonus. The Stay Well Bonus will be implemented as follows: SEN MOU 2009-2010 Page 12 44 I The sick leave pay-off will occur during the 52-week period beginning the first day after the second pav 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 384 hours 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) Checks will be prepared by December 15 of each year 3 In the event an employee covered by this agreement donates up to 12 days of sick leave in any one year, to the Employee Sick Leave Bank, it shall not count against the 48 days accumulation for eligibility to receive the incentive payoff for that year c. In any calendar year,an employee may use accrued sick leave,up to the amount earned during six months of employment,to attend to the illness of a child,parent,or spouse of the employee. In extenuating circumstances,sick leave to be used for dependent care may be requested by the employee to their Department Head,who shall make a recommendation to the City Manager for final approval. SECTION 4.5 VACATION LEAVE a. Paid vacation leave accrues from the date of hire on a bi-weekly basis and increases after completion of the required years of service as follows. Years of Service Accrual Rate Less than 3 years 10 days/yr or 3 08 hrs/pp 3 vears completed 12 days/yr or 3 69 hrs/pp 5 years completed 14 days/yr or 4 31 hrs/pp 7 years completed 16 days/yr or 4 92 hrs/pp 9 years completed 18 days/yr or 5.54 hrs/pp 11 vears completed 20 days/yr or 6 15 hrs.pp The above schedule is based on full-time employment. Regular part-time employees shall receive vacation accrual on a pro-rated basis. b Employees shall be entitled to vacation leave consistent with the City Personnel Rules and Regulations. c. 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 SEIU MOU 2009-2010 Page 13 45 SECTION 4.6 HOLIDAYS (a) The City shall recognize the following days as official City holidays. Holiday Day Observed New Year's Day January 1 Martin Luther King,Jr Birthday 3rd Monday in January Lincoln's Birthday 2nd Monday in February Washington's Birthday 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day 1 st Monday in September Veteran's Day November 11 Thanksgiving Day 4th Thursday in November Day After Thanksgiving Friday after Thanksgiving Christmas Day December 25 "Floating" Holiday Off As Scheduled, Accrues January 1 a. Each unit member employed by the City as of January 1 st of each year shall be eligible for one floating holiday (8 hours). Accrual shall be pro-rated for employees in permanent part-time positions. Floating holidays must have prior department approval and shall be consistent with the efficient operation of the department. The floating holiday may be used between January 1 and December 31 of each year b. All employees who are covered under this contract and are required by their supervisor to work on a City holiday shall be paid time and one-half 1'/2 their base hourly rate for the hours worked on the holiday plus compensation for the holiday SECTION 4 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,step-child,parent,grandparent,grandchild,son-in-law, daughter-in-law mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law or significant other SECTION 4.8 MILITARY LEAVE Military leave shall be granted in accordance with the provisions of State and Federal law All employees entitled to military leave shall give the appointing power an opportunity within the limits of military regulations to determine when such leave shall be taken. SEIU MOU 2009-2010 Page 14 46 r.r SECTION 4 9 WORK GLOVES The Crtv shall continue to provide employees with leather palmed work gloves. The City shall issue regulations establishing reasonable standards for provision of the gloves,replacement of gloves,and the maximum number of gloves made available during any fiscal year SECTION 4.10 WORK SHOES The City shall contribute One-Hundred and Forty-five($145 00)Dollars per fiscal year for the purchase of appropriate footwear to employees in the following positions: • Building Maintenance Specialist • Building Inspector 1,11,III • Building Inspector/Plans Examiner • Inspector • Maintenance Leadworker • Maintenance Worker I&IIRegistered Veterinary Technician • Senior Zookeeper • WWTP Operator I,II,III • WWTP Operator-in-Training • Zoo Facilities Maintenance Technician • Zookeeper I&II Proof of purchase is required. Once purchased, such appropriate footwear must be worn while working. SECTION 4 11 SAFETY GLASSES The City shall provide safety glasses and safety prescription glasses, in compliance with OSHA standards,for those employees required to wear them. Maximum reimbursement shall be$250 00 As approved by the Department Head, the City shall replace prescription glasses as needed due to prescription changes or if the glasses are damaged while being used in the course of duties. If the glasses are damaged due to the negligence of the employee, he/she shall be required to pay the replacement cost. The employee is responsible for obtaining necessary prescriptions. SECTION 4.12 COMPUTER PURCHASE The City agrees to develop an Employee Computer Purchase Program. The City agrees to allow employees to purchase hardware and work-compatible software using the City's government discount. All costs shall be the responsibility of the employee. SEIU MOU 2009-2010 Page 15 47 SECTION 4.13 CERTIFICATION The City shall continue its practice of providing reasonable work time and payment for obtaining/maintaining job-related certifications. Travel expenses will be paid pursuant to Section VII of the City's Purchasing Policy Prior Department Head approval is required. SEN MOU 2009-2010 Page 16 48 ARTICLE V- HEALTH AND WELFARE SECTION 5.1 HEALTH INSURANCE COVERAGE a. For unit members who elect to have"Family"coverage,the City shall pay a total of$1,055 17 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. b. For unit members who elect to have `Employee +1" coverage, the City shall pay a total of $907.81 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. c. For unit members who elect to have "Employee Only"coverage, the City shall pay an amount not to exceed$493 62 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 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. This amount shall not exceed$240.56 per month. d. The City shall provide term life insurance coverage for each employee in a total amount of thirty thousand($30,000)during the term of this agreement. e. The City shall provide a term life insurance policy for each eligible dependent enrolled in health coverage in a total amount of one thousand($1,000)dollars per dependent during the term of this agreement. f. The Medical Insurance Committee shall be comprised of one representative from each of the bargaining units (as designated by the bargaining unit) and one from the City The Committee shall regularly review the health plan and study health insurance issues including,but not limited to, Health Maintenance Organizations (HMO's), cost containment, etc., and make recommendations to the City Manager g. Flexible Benefits Plan. The City shall make available to employees covered by this MOU a Flexible Benefit Plan, in compliance with applicable Internal Revenue Code provisions. The plan wi11 enable an employee to on a voluntary basis, cover additional out of pocket premium expenses for insurance through pretax payroll dollars. SEN MOU 2009-2010 Page 17 49 h. State Disability Insurance — The City shall provide State Disability Insurance as a payroll deduction of each employee State Disability Insurance shall be integrated with sick leave with. the objective of providing full compensation. SECTION 5.2 UNIFORMS The City shall provide uniforms to Unit employees and replace them on an as needed basis,for those employees required to wear uniforms. Jackets will be included as part of the uniform provided. SECTION 5.3 PROBATION 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 set-vice. SEW MOU 2009-2010 Page 18 50 r , AR'T'ICLE VI - CLOSING PROVISIONS '�rrr SECTION 6.2 TERM The term of this MOU shall commence on July 1, 2009, and expire on June 30, 2010 SECTION 6.3 SIGNATURES This MOLD has been ratified and adopted pursuant to the recommendation of the following representatives IU _ Date SE U Date G SEIU Date SEIU Date 6 -2n — to/4 SEI Date SEW Date Y OF ATASCADERO en Beraud Date N4de McKinney Date 1r+` Mayor City Manager APPROVED AS TO FORM l-;3 1a7 Brian Pierik Date City Attorney SEIU MOU 2009-2010 Page 19 51 Attachment 4 *Aw MEMORANDUM OF UNDERSTANDING BETWEEN THE MID MANAGEMENT/PROFESSIONAL EMPLOYEES AND CITY OF ATi ASOADERO JULY 15 2009 THROUGH JUNE 30, 2010 Mid Mgmt/Prof.MOU 2009 2010 52 MEMORANDUM OF UNDERSTANDING MID MANAGEMENT/PROFESSIONAL EMPLOYEES JULY 1,2009 THROUGH JUNE 30,2010 TABLE OF CONTENTS ARTICLE I GENERAL PROVISIONS I SECTION I 1 PREAMBLE........ I SECTION 1.2 RECOGNITION 1 SECTION 1.3 SEVERANCE......................... 1 SECTION 14 SOLE AGREEMENT 2 SECTION 1.5 FULL FORCE AND EFFECT 2 SECTION 1.6 GENERAL,PROVISIONS 2 ARTICLE II PAY PROVISION 3 SECTION 2.1 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 SECTION 3.2 LIFE INSURANCE 5 SECTION 3.3 MEDICAL INSURANCE COMMITTEE. 6 ARTICLE IV-CLOSING PROVISIONS 6 SECTION 4 1 COMPARATIVE SALARY AND BENEFITS 5 SECTION 4.2 TERM 6 SECTION 4.3 SIGNATURES 7 -410 Mid Mgmt/Prof.MOU 2009 2010 53 `rr.. 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 • 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 *AW 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 Mgmt/Prof.MOU 2009 2010 Page 1 54 rrr 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-Milias-Brown Act found outside this MOU and are in conflict thereof this MOU shall prevail b If,dunng 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 tern of this MOU unless changed by mutual agreement. b The City will abide by the Meyers-Milias-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 Mid MgmUProf.MOU 2009 2010 Page 2 55 **W 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 4,58196 4,811 07 5,05161 5,304 19 5,56942 Associate Civil Engineer 5,56943 5.847 88 6,140.28 6,447 29 6769.67 Building Maintenance Supervisor 4,363 78 4,581 97 4,811.07 5 051 61 5304 19 Capital Projects Manager- 4,363.78 4,58197 4.81107 5 051 61 5,30419 DatabaseProerammer 5,708.69 5,99412 6.29379 6,60947 6,938.88 Recreation Supervisor 4,259.92 4,472.90 4,696.51 4931.34 5,17790 Senior Building Inspector 4,81108 5.05164 5,30419 5.569 42 5,94787 -law 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 fob-related, and the employee received a passing grade. Associate Civil Engineers who are licensed as a Registered Enp neer 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 Empl over 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 Mid Mgmt/Prof.MOU 2009 2010 Page 3 56 eight percent(8%) Employees will pay the remaining 2 15%of the employee contnbution. 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 sack 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 emplovee 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 carred 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 carred 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. Mid Mgmt/Prof.MOU 2009 2010 Page 4 57 SECTION 2.7 BEREAVEMENT LEAVE Employees shall be granted bereavement leave pursuant to the Citv 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) Mid Mgmt/ProL MOU 2009 2010 Page 5 58 ` ✓ The City shall provide a term life insurance policN for each eligible dependent enrolled in health coverage in the amount of One Thousand Dollars ($1000)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 i G . Mid Mgmt. rof Date Mid Mgmt/Pro Date CITY OF ATASCADERO (?2),z ZUZA,4 101- Cvl(2(aCo9 - IvylyJ Mayor Date City Manager Date *wr Mid Mgmt/ProL MOU 2009 2010 Page 6 59 Attachment 5 RESOLUTION NO 2009-048 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING THE COMPENSATION AND BENEFIT PLAN FOR NON-REPRESENTED PROFESSIONAL AND MANAGEMENT WORKERS AND CONFIDENTIAL EMPLOYEES, EFFECTIVE JULY 1, 2009 -JUNE 30, 2011 WHEREAS, the Government Code of the State of California prescribes a procedure for discussing and resolving matters regarding wages, hours and other terms and conditions of employment; and WHEREAS, the City Personnel Rules and Regulations provided for a Compensation Plan, and WHEREAS, the City desires to set forth salaries and benefits for Non-Represented Professional and Management workers and Confidential Employees, WHEREAS, the City Council adopted Resolution 2007-069 on July 24, 2007 establishing the compensation and benefit plan for non-represented professional and management workers and confidential employees, and this resolution needs to be amended to include changes to the salary schedule and retirement plan, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero that all prior Resolutions for non-represented employees are repealed, and the Professional and Management Staff and Confidential Staff Compensation and Benefit Plan is hereby established as follows. Positions The following positions are included in this Resolution. The City Manager and Department Heads have individual employment agreements defining other terms and conditions of employment not described herein Executive Management Positions Administrative Services Director Assistant City Manager Assistant to the City Manager City Manager Community Development Director Community Services Director Fire Chief Police Chief Public Works Director 1100, 60 City of Atascadero Resolution No. 2009-048 Page 2 of 7 14AW Management Positions Deputy Administrative Services Director Deputy Community Development Director Deputy Executive Director of the Redevelopment Agency Deputy Public Works Director Police Commander Zoo Director Confidential (Includes only designated positions within the classifications) Accounting Specialist Administrative Assistant Finance Technician Personnel Analyst Salaries For the period of July 1, 2009 through June 30, 2011 executive management salaries will be voluntarily reduced by 3% In exchange for this 3% reduction, executive management employees will receive 62 hours of administrative leave. This administrative leave cannot be exchanged for cash and cannot be carried over past the end of each fiscal year If an Executive Management employee separates from the City during the period of this resolution, leave and other related payouts will be made based on the salary schedule effective on June 30, 2009 For the period of July 1, 2009 through June 30, 2011, there will be no change in salary for Management and Confidential positions Administrative Assistant-Confidential 3,769.59 3,958.07 4,155.97 4,36377 4,581.96 Finance Technician-Confidential 3,769.59 3,958.07 4,155.97 4,363.77 4,581.96 Accounting Specialist 4,15598 4,363.78 4,581.97 4,811.07 5,051.62 Personnel Analyst 5,177.94 5,436.84 1 5,708.68 5,994 11 6,293.82 Zoo Director 5,928.75 6,225 19 6,536.45 6,863.27 7,206.43 Assistant to the City Manager 6,494.98 6,81973 7,160.72 7,51876 7,89470 Deputy Administrative Services Director 6,695.86 7,030.65 7,382.18 7,751.29 8,138.83- Deputy ,138.85De ut Conununity Development Director 6,695.86 7,030.65 7,382.18 7,751.29 8,138.85 Deputy Executive Director of the Redevelopment 6,695.86 7,030.65 7,382.18 7,751.29 8,138.85 Deputy Public Works Director 6,695.86 7,030.65 7,382.18 7,751.29 8,138.85 Police Commander 7,356.15 7,723.96 8,11016 8,515.67 8,94145 Administrative Services Director 8,28943 8,703.90 9,139-10 9,596.06 10,075.86 Community Development Director 8,289.43 8,703.90 9,139 10 9,596.06 10,075.86 Community Services Director 8,289.43 8,703.90 9,13910 9,596.06 10,075.86 Public Works Director 8,28943 8,703.90 9,13910 9,596.06 10,075.86 Assistant City Manager 8,703.91 9,13911 9,596.07 10,075 87 10,579.66 Fire Chief 9,106.86 9,562.20 10,040.31 10,542.33 11,069 45 Police Chief 9,106.86 9,562.20 10,040.31 10,542.33 11,0694 CitX Manager 10,775.57 11,314.35 11,880.07 12,474 07 13,097 77 61 City of Atascadero Resolution No. 2009-048 Page 3 of 7 i Work Period The normal work period for non-exempt employees shall be seven (7) days with a maximum non-overtime of forty (40) hours. Overtime Rate Overtime for non-exempt employees; shall be compensated at the rate of time and one-half the regular rate of pay All overtime shall be recorded and paid in the following manner. 1 to 15 ininutes, overtime compensation—1/4 hour 16 to 30 minutes, overtime compensation-IA hour 31 to 45 minutes, overtime compensation—3/4 hour 46 to 60 minutes, overtime compensation— 1 hour Overtime Hours Paid Overtime for non-exempt employees shall be paid after forty (40) hours worked in a work period. Paid time off shall be considered time worked for overtime purposes. Schools/Training/Conferences f Hours traveling, studying, or evening classes, etc., when a non-exempt employee is attending an out-of-town school shall not constitute overtime hours worked. Compensatory Time(CT) Notwithstanding the provisions of this section, non-exempt employees may be granted CT for overtime credit computed at time and one-half at the mutual convenience of the City and the employee Non-exempt employees may accumulate a maximum of eighty (80) hours in their CT account. Scheduling Compensatory Time Requests to use CT shall be granted with due regard for operational necessity such as staffing levels. Deferred Compensation The City will match an eligible employee's contribution to a deferred compensation program. The match will be up to a maximum of$1,000 annually for executive management employees and $500 annually for management employees. All deferred compensation contributions are fully vested in the employee and shall not be available to the City i moo* 62 City of Atascadero Resolution No.2009-048 Page 4 of 7 Health Benefits I For unit members who elect to have "Farmly" coverage, the City shall pay a total of $1,066.39 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 +1" 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 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. This amount shall not exceed$246 76 per month. 4 The City of Atascadero has established a Post Retirement Health Benefit for Executive Management (City Council, City Manager and Department Heads) The City agrees to reimburse the retiree for retiree and/or retiree's dependent health (medical/dental/ vision) insurance premiums, disability insurance, long-term health care or life insurance premiums in a method deterrmned by the Administrative Services Director following retirement. The program parameters are. ❑ The benefit is available upon retirement from PERS or other similar retirement program after age 50, o The employee must have served for 8 years with the City of Atascadero, ❑ The benefit extends between the date of retirement and age 65, o The current benefit is$200.00 monthly Life Insurance The City shall provide a term life insurance policy on each employee in the amount of Fifty- Thousand Dollars($50,000) i 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. �rrr* 63 City of Atascadero Resolution No.2009-048 Page 5 of 7 Long-Term Disability Insurance The City shall provide a City-paid program to provide Long-Term Disability Insurance for Executive Management and Management employees. Leave Administrative Leave. Executive Management Employees, Management Employees and the Personnel Analyst will receive Administrative Leave, Much will vest as of July 1 annually Except as provided below, Adrrnnistrative Leave will not be carred over or accrue from one fiscal year to the next. 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, said leave will be carred 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 terrmnation. In the event an employee covered by this Agreement is employed after January 1 of the fiscal year, the employee shall be eligible for one half of their annual allotment of Administrative Leave. Employees shall receive Administrative Leave at the following annual rates. • Executive Management shall receive 80 hours plus 62 hours of leave in lieu of salary • Management Employees and the Personnel Analyst shall receive 48 hours Vacation Leave. Employees shall receive vacation leave consistent with the Personnel Rules and Regulations. Holidays. Employees shall receive vacation leave consistent with the Personnel Rules and Regulations. Sick Leave. 1 Sick leave accumulates at a rate of 3 69 hours per pay period. There is no limit to the accumulation. 2 Stay Well Bonus Employees with 384 or more hours of accumulated sick leave shall be eligible for the Stay Well Bonus. The Stay Well Bonus will be implemented as follows a. 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 384 hours of sick leave. b 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) 64 City of Atascadero Resolution No.2009-048 Page 6 of 7 *#M"` c Checks will be prepared by December 15 of each year 3 Sick Leave Payback. When an executive management employee, a management employee or confidential 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 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 Retirement Employees will be provided retirement benefits through the California Public Employees Retirement System (CalPERS) pursuant to the 2.5% @ 55 formula 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 eight percent (8%) Employees will pay the remaining 2.15% of the employee contribution. Education Incentive Pay Employees shall be reimbursed up to $1,600 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 Uniform/Safety Equipment Allowance a. The City shall provide an annual uniform allowance of eight hundred dollars ($800) for Police Chief and Commanders, and eight hundred fifty dollars ($850) for the Fire Chief Upon initial hire the employee will receive $800/$850 In the second year the amount will be prorated based upon the actual number of months employed in the prior year When an employee separates from the City the Uniform Allowance will be prorated based upon the number of months worked in the then current fiscal year b The City will make a lump sum payment of the uniform allowance no later than the second payday in July c. Uniforms damaged on duty shall be replaced as prorated by the Police Chief Employees are required to seek reimbursement through the courts with all practical diligence d. The City shall make available a bulletproof vest. Employees requesting a vest shall certify that they will wear the vest at all times, except in extreme climatic conditions. Vests shall be replaced or refurbished on an as needed basis as determined by the Chief of Police. Employees already owning a vest shall continue to use them until repair or refurbishment becomes necessary, as determined by the Chief of Police. atr.r 65 t City of Atascadero R :solution No 2009-048 Page 7 of 7 e. Rain boots - The City shall comply with the requirements of CAUOSHA as it relates to providing rain gear including rain boots On motion by Council Member O'Malley, and seconded by Council Member Fonzi,the foregoing resolution is hereby adopted in its entirety by the following roll call vote AYES Council Members, Clay, Fonzi, Kelley, O'Malley and Mayor Beraud NOES None ABSENT None ADOPTED- June 9, 2009 CITY OF ATASCADERO Ellen Beraud Mayor ATTEST Marcia McClure Torgerson, C.M.C., 'ty Clerk APPROVED AS T O Brian A. Pierik, City Attorney 66