HomeMy WebLinkAbout2021-018 MOU SEIUCIN OF ATASCADERO
CONTRACT NUMBER:
CI-c(
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
LOCAL 620 SERVICE EMPLOYEES
INTERNATIONAL UNION
ATASCADERO CHAPTER
AND
CITY OF ATASCADERO
July 1, 202"1 thru June 30, 2024
SEW MOu 2021=2024Pagc
I _
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 II
• Administrative Assistant
• Administrative Support
Assistant
• Assistant Planner
• Associate Planner
• Building Inspector 1
• Building Inspector II
• Building Maintenance
Specialist
• Finance Technician
• Inspector
• Lead Zookeeper
• Maintenance Worker I
• Maintenance Worker II
• Office Assistant II
• Office Assistant III
• Public Works Inspector
• Recreation Coordinator
• Senior Building
Maintenance Specialist
• Senior Maintenance
Worker
• Senior Planner
• Senior Technical
Support Specialist
• Systems Administrator III
• Technical Support
Specialist lI
• Website and Social Media
Technician
• WWTP Operator I
• WWTP Operator II
• WWTP Operator in
Training
• Zoo Education Curator
• ZookeeperI
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 2021-2024 Page 2
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 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 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.
SEN MOU 2021-2024 Page 3
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 Union 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 Union
reserves its rights to take any lawful action deemed necessary.
ARTICLE II - 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. Maintenance of Membership
All regular unit employees who on the effective date of this MOU are members of the Union
in good standing and all such employees who thereafter voluntarily become members of the
Union shall maintain their membership in the Union in good standing during the term of this
MOU, subject however to the right to resign from membership between March 1 —15 of each
calendar year.
SEIU MOU 2021-2024 Page 4
Any Union member may exercise his/her right to resign by submitting a notice in writing to
the Union and to the City during the resignation period. To the extent required by the
Government Code, or otherwise required by law, the City will rely on the information provided
by the Union in processing dues deductions for Union members.
h. Dues Deductions
The Union will maintain records of employee authorizations for dues deductions. The Union
will provide the City with information regarding the amount of dues deductions and the list of
Union members who have affirmatively consented to or authorized dues deductions. The City
shall not request the Union to provide a copy of any member's authorization unless a dispute
arises about the existence or terms of the authorization. To the extent required by the
Government Code, or otherwise required by law, the City will rely on the information provided
by the Union in processing dues deductions for Union members. The Union is responsible for
providing the City with timely information regarding changes to Union members' dues
deductions.
The Union agrees to indemnify, defend, and hold harmless the City, including its officers,
representatives, and agents, against any and all cost or liability arising from any claims,
demands, or other actions relating to the City's compliance with or application of provisions
of this Article.
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 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,
SEIU MOU 2021-2024 Page 5
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.
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.
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
The City feels that rest periods are important for employees to take care of personal
business, use facilities and for their general well-being. Rest periods will normally be
SEW MOU 2021-2024 Page 6
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
should not be used in conjunction with meal periods, nor should rest periods be taken
during the employee's first or last hour of work. In the uncommon event that an employee
feels that they will be unable to take one of the fifteen minute rest periods due to the type
of work being performed, the employee's supervisor may approve the employee taking one
fifteen minute rest period in conjunction with the meal period. The employee must request
supervisor approval in advance.
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—'/4 hour
16 to 30 minutes, overtime compensation -'/2 hour
31 to 45 minutes, overtime compensation - 3/4 hour
46 to 60 minutes, overtime compensation —1 hour
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 one hundred and twenty (120) hours
in their CT account.
d. Scheduling Compensatory Time
SEIU MOU 2021-2024 Page 7
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 Forty-five dollars ($45.00) for each day of
standby duty.
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 one hour and twenty minutes at time and one-half pay. Employees working
in excess of one hour and twenty minutes once called back shall receive time and one-half
pay for all hours worked.
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.
ARTICLE IV - PAY PROVISIONS
SECTION 4.1 SALARY
This three (3) year agreement shall provide salary increases according to the following formula
and schedule:
Year 1- Effective July 1, 2021 all employees covered under this MOU shall receive a 4.5% (four
point five percent) salary increase. The following monthly salaries are effective July 1, 2021:
SEW MOU 2021-2024 Page 8
MONTHLY SALARY
Effective July 1, 2021
CLASSIFICATION STEP A I STEP B I STEP C I STEP D I STEP E
Account Clerk II
3,535.98
3,712.78
3,898.42
4,093.34
4,298.01
Administrative Assistant
4,405.44
4,625.71
4,857.00
5,099.85
5,354.84
Administrative Support Assistant
3,712.78
3,898.42
4,093.34
4,298.01
4,512.91
Assistant Planner
4,857.00
5,099.85
51354.84
5,622.58
5,903.71
Associate Planner
5,622.58
5,903.71
6,198.90
6,508.85
6,834.29
Building Inspector 1
4,625.71
4,857.00
5,099.85
5,354.84
5,622.58
Building Inspector II
5,099.85
5,354.84
5,622.58
5,903.71
6,198.90
Building Maintenance Specialist
3,712.78
3,898.42
4,093.34
4,298.01
4,512.91
Finance Technician
4,405.44
4,625.71
4,857.00
5,099.85
5,354.84
Inspector
4,625.71
4,857.00
5,099.85
5,354.84
5,622.58
Lead Zookeeper
3,898.42
4,093.34
4,298.01
4,512.91
4,738.56
Maintenance Worker 1
3,287.41
3,451.78
3,624.37
3,805.59
3,995.87
Maintenance Worker II
3,712.78
3,898.42
4,093.34
4,298.01
4,512.91
Office Assistant II
3,287.41
3,451.78 1
3,624.37 1
3,805.59
3,995.87
Office Assistant 111
3,535.98
3,712.78
3,898.42
4,093.34
4,298.01
Public Works Inspector
4,857.00
5,099.85
5,354.84
5,622.58
5,903.71
Recreation Coordinator
4,195.66
4,405.44
4,625.71
4,857.00
5,099.85
Senior Building Maintenance Specialist
4,195.66
4,405.44
4,625.71
4,857.00
5,099.85
Senior Maintenance Worker
4,195.66
4,405.44
4,625.71
4,857.00
5,099.85
Senior Planner
6,198.90
6,508.85
6,834.29
7,176.00
7,534.80
Senior Technical Support Specialist
5,099.85
5,354.84
5,622.58
5,903.71
6,198.90
Systems Administrator 111
6,198.90
6,508.85
6,834.29
7,176.00
7,534.80
Technical Support Specialist 11
4,405.44
4,625.71
4,857.00
5,099.85
5,354.84
Website and Social Media Technician
4,405.44
4,625.71
4,857.00
5,099.85
5,354.84
WWTP Operator 1
3,995.87
4,195.66
4,405.44
4,625.71
4,857.00
WWTP Operator II
4,405.44
4,625.71
4,857.00
5,099.85
5,354.84
WWTP Operator in Training
3,535.98
3,712.78
3,898.42 1
4,093.34
4,298.01
Zoo Education Curator
3,367.60
3,535.98
3,712.781
3,898.42
4,093.34
Zookeeper I
3,287.41 1
3,451.78t3,624.371
3,805.59
3,995.87
Year 1: Effective July 1, 2021 an additional $162,000 will be placed in an inequity pool for further
adjustment of selected positions. Calculation of costs shall include all roll -up (City paid payroll
taxes, retirement, workers compensation, unemployment and other payroll costs) and be based on
step E for all positions. Adjustment of positions will be based on market comparison to other cities
in the County and the City's recent experience in attracting and retaining qualified
applicants/employees in the position. Proposed adjustments and methodology will be determined
through the meet and confer process. It is the intent of the City to work with SEN to swiftly
determine which positions will be adjusted with the aim to have final decisions by October 2021.
All inequity adjustments will be retroactive back to July 1, 2021 for any active employee.
SEIU MOU 2021-2024 Page 9
Year 2 - Effective July 1, 2022, all positions covered under this MOU shall receive a 3.75% (three
point seven five percent) salary increase. The following monthly salaries become effective July
1, 2022:
MONTHLY SALARY
Effective July 1, 2022
CLASSIFICATION I STEP A I STEP B I STEP C I STEP D I STEP E
Account Clerk 11
3,668.57
3,852.00
4,044.60
4,246.83
4,459.17
Administrati%e Assistant
4,570.64
4,799.17
5,039.13
5,291.09
5,555.64
Administrative Support Assistant
3,852.00
4,044.60
4,246.83
4,459.17
4,682.13
Assistant Planner
5,039.13
5,291.09
5,555.64
5,833.42
6,125.09
Associate Planner
5,833.42
6,125.09
6,431.34
6,752.91
7,090.56
Building Inspector
4,799.17
5,039.13
5,291.09
5,555.64
5,833.42
Building Inspector II
5,291.09
5,555.64
5,833.42
6,125.09
6,431.34
Building Maintenance Specialist
3,852.00
4,044.60
4,246.83
4,459.17
4,682.13
Finance Technician
4,570.64
4,799.17
5,039.13
5,291.09
5,555.64
Inspector
4,799.17
5,039.13
5,291.09
5,555.64
5,833.42
Lead Zookeeper
4,044.60
4,246.83
4,459.17
4,682.13
4,916.24
Maintenance Worker 1
3,410.69
3,581.22
3,760.28
3,948.29
4,145.70
Maintenance Worker II
3,852.00
4,044.60
4,246.83
4,459.17
4,682.13
Office Assistant 11
3,410.69
3,581.22
3,760.28
3,948.29
4,145.70
Office Assistant III
3,668.57
3,852.00
4,044.60
4,246.83
4,459.17
Public Works Inspector
5,039.13
5,291.09
5,555.64
5,833.42
6,125.09
Recreation Coordinator
4,352.99
4,570.64
4,799.17
5,039.13
5,291.09
Senior Building Maintenance Specialist
4,352.99
4,570.64
4,799.17
5,039.13
5,291.09
Senior Maintenance Worker
4,352.99
4,570.64
4,799.17
5,039.13
5,291.09
Senior Planner
6,431.34
6,752.91
7,090.56
7,445.09
7,817.34
Senior Technical Support Specialist
5,291.09
5,555.64
5,833.42
6,125.09
6,431.34
Systems Administrator 111
6,431.34
6,752.91
7,090.56
7,445.09
7,817.34
Technical Support Specialist 11
4,570.64
4,799.17
5,039.13
5,291.09
5,555.64
Website and Social Media Technician
4,570.64
4,799.17
5,039.13
5,291.09
5,555.64
WWTP Operator 1
4,145.70
4,352.99
4,570.64
4,799.17
5,039.13
WWTP Operator 11
4,570.64
4,799.17
5,039.13
5,291.09
5,555.64
WWTP Operator in Training
3,668.57
3,852.00
4,044.60
4,246.83
4,459.17
Zoo Education Curator
3,493.88
3,668.57
3,852.00
4,044.60
4,246.83
Zookeeperl
3,410.69 1
3,581.22
3,760.28
3,948.29
4,145.70
SEN MOU 2021-2024 Page 10
Year 3 - Effective July 1, 2023, all positions covered under this MOU shall receive a 3.5% (three
point five percent) salary increase. The following monthly salaries become effective July 1, 2023:
MONTHLY SALARY
Effective July 1, 2023
CLASSIFICATION STEP A I STEP B I STEP C r STEP D I STEP E
Account Clerk II
3,796.98
3,986.83
4,186.17
4,395.48
4,615.25
Administrative Assistant
4,730.64
4,967.17
5215.53
5,476.31
5,750.13
Administrative Support Assistant
3,986.83
4,166.17
4,395.48
4,615.25
4,846.01
Assistant Planner
5,215.53
5,476.31
5,750.13
6,037.64
6,339.52
Associate Planner
6,037.64
6,339.52
6,656.50
6,989.33
7,338.80
Building Inspector 1
4,967.17
5,215.53
5,476.31
5,750.13
6,037.64
Building Inspector 11
5,476.31 1
5,750.13
6,037.64
6,339.52
6,656.50
Building Maintenance Specialist
3,986.63
4,186.17
4,395.48
4,615.25
4,846.01
Finance Technician
4,730.64
4,967.17
5,215.53
5,476.31
5,750.13
Inspector
4,967.17
5,215.53
5,476.31
5,750.13
6,037.64
Lead Zookeeper
4,186.17
4,395.48
4,615.25
4,846.01
5,088.31
Maintenance Worker
3,530.07
3,706.57
3,891.90
4,086.50
4,290.83
Maintenance Worker 11
3,986.83
4,186.17
4,395.48
4,615.25
4,846.01
Office Assistant II
3,530.07
3,706.57
3,891.90
4,086.50
4,290.83
Office Assistant 111
3,796.98
3,986.83
4,186.17
4,395.48
4,615.25
Public Works Inspector
5,215.53
5,476.31
5,750.13
6,037.64
6,339.52
Recreation Coordinator
4,505.37
4,730.64
4,967.17
5,215.53
5,476.31
Senior Building Maintenance Specialist
4,505.37
4,730.64
4,967.17
5,215.53
5,476.31
Senior Maintenance Worker
4,505.37
4,730.64
4,967.17
5,215.53 1
5,476.31
Senior Planner
6,656.50
6,989.33
7,338.80 1
7,705.74
8,091.03
Senior Technical Support Specialist
5,476.31
5,750.13
6,037.64
6,339.52
6,656.50
Systems Administrator 111
6,656.50
6,989.33
7,338.80
7,705.74
8,091.03
Technical Support Specialist II
4,730.64
4,967.17
5,215.53
5,476.31
5,750.13
Website and Social Media Technician
4,730.64
4,967.17
5,215.53
5,476.31
5,750.13
WWTP Operator
4,290.83
4,505.37
4,730.64
4,967.17
5,215.53
WWTP Operator 11
4,730.64
4,967.17
5,215.53
5,476.31
5,750.13
WWTP Operator in Training
3,796.98
3,986.83
4,186.17
4,395.48
4,615.25
Zoo Education Curator
3,616.17
3,796.98
3,986.83
4,186.17
4,395.48
Zookeeper I
3,530.07
3,706.57
3,891.90
4,086.50
4,290.83
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.
SEIU MOU 2021-2024 Page 11
The City is committed to providing evaluations and step increases in a timely manner. At
the request of designated Union representatives, but not more than monthly, designated
Union representatives shall be provided a list of evaluations that are more than 30 days
overdue for those employees that are eligible for a step increase. It is understood that
Union representatives will be contacting the supervisor or department head of employees
on the list, urging the supervisor to make the evaluation a priority.
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 salary survey jurisdictions for unit classifications under this
M.O.U. shall be the cities of Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso
Robles, Pismo Beach, and San Luis Obispo.
SECTION 4.2 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.
SECTION 4.3 RETIREMENT
a. Employees are provided retirement benefits through the California Public Employees
Retirement System (CaIPERS).
TIER 1
Miscellaneous Member employees covered under this MOU who were hired on or
before July 14, 2012 are provided benefits pursuant to the 2.5% @ 55 Benefit Formula
(Government Code Section 21354.4), Final Compensation 1 Year (G.C. Section 20042)
and Unused Sick Leave Credit (G.C. Section 20965). The City will pay 3.3% (three
point three percent) of the Miscellaneous Member employee contribution of S% (eight
percent). Miscellaneous Member employees will pay the remaining 4.7% (four point
seven percent) of the employee contribution.
TIER 2
Miscellaneous Member employees covered under this MOU who were hired between
July 14, 2012 and December 31, 2012, and Miscellaneous Member employees hired on
or after January 1, 2013 who meet the definition of a Classic Member under CalPERS,
are provided benefits pursuant to the 2% @ 55 Benefit Formula (G.C. Section 21354),
Final Compensation 3 Year (G.C. Section 20037) and Unused Sick Leave Credit (G.C.
Section 20965). The City will pay 2.3% (two point three percent) of the Miscellaneous
Member employee contribution of 7% (seven percent). Miscellaneous Member
employees will pay the remaining 4.7% (four point seven percent) of the employee
contribution.
SEN MOU 2021-2024 Page 12
TIER 3
Pursuant to the California Public Employees' Pension Reform Act of 2013 (PEPRA),
Miscellaneous Member employees covered under this MOU who were hired on or after
January 1, 2013 who meet the definition of a Ca1PERS new member under PEPRA are
provided benefits pursuant to 2% @ 62 Benefit Formula (G.C. Section 7522.20) with
Final Compensation 3 Year (G.C. Section 20037). The Miscellaneous Member
employee will pay a member contribution rate of 50% (fifty percent) of the expected
normal cost rate.
b. Employee contributions shall be contributed to CalPERS on a pre-tax basis.
c. The City began pays and reports the value of Employer Paid Member Contributions
(EPMC) for Tier 1 employees and Tier 2 employees as described in Resolution No. 2003-
058.
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:
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.
• 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.
• 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. An employee may use in any calendar year accrued sick leave, up to the amount earned
during twelve (12) months employment, to attend to the illness of the following family
members:
The employee's child (including biological, foster, or adopted child, a stepchild, a
legal ward, a child of a domestic partner, or a child of a person standing in loco
parentis).
SEIU MOU 2021-2024 Page 13
2. The employee's parent (including biological, foster, or adoptive parent, a
stepparent, or a legal guardian).
3. The employee's spouse or domestic partner.
If the employee is performing satisfactorily and the employee's workload would not be
negatively impacted, the Department Head may approve additional time off, up to the
amount earned during three (3) months of employment, for Family Care.
Family Care leave may also qualify for protection under the FMLA and/or CFRA, and any
Family Care leave granted under this section shall run concurrently with FMLA and/or
CFRA leave. FMLA/CFRA leave is addressed in a separate City policy.
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
Less than 3 years
3 years completed
5 years completed
7 years completed
9 years completed
11 years completed
15 years completed
20 years completed
Accrual Rate
10 days/yr or 3.08 hrs/pp
12 days/yr or 3.69 hrs/pp
14 days/yr or 4.31 hrs/pp
16 days/yr or 4.92 hrs/pp
18 days/yr or 5.54 hrs/pp
20 days/yr or 6.15 hrs/pp
22 days/yr or 6.77 hrs/pp
24 days/yr or 7.385 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 of Atascadero
Personnel System Rules.
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.
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SECTION 4.6 HOLIDAYS
The City shall recognize the following days as official City holidays.
Holiday
New Year's Day
Martin Luther King, Jr. Birthday
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve Day
Christmas Day
"Floating" Holiday
Day Observed
January 1
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4th
1st Monday in September
November 11
4th Thursday in November
Friday after Thanksgiving
December 24
December 25
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). 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'/z their base hourly rate for the
hours worked on the holiday, plus compensation for the holiday.
SECTION 4.7 BEREAVEMENT LEAVE
The City shall provide up to twenty-four (24) hours of paid bereavement leave for bereavement
purposes. Bereavement purposes include (1) the death of a member of the employee's immediate
family, and (2) the critical illness of a member of the employee's immediate family where death
appears to be imminent. The amount of bereavement leave provided under this section is twenty
four (24) hours per family member.
The employee may be required to submit proof of a relative's death or critical illness before final
approval of leave is granted.
For purposes of this section, "immediate family" means: spouse or domestic partner, parent
(including biological, foster, or adoptive parent, a stepparent, or a legal guardian), grandparent,
grandchild, child (including biological, foster, or adopted child, a stepchild, a legal ward, a child
of a domestic partner, or a child of a person standing in loco parentis), brother, sister, aunt, uncle,
son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law or
significant other.
Twenty-four (24) hours of the paid absence shall be considered "bereavement leave", and any
remaining time shall be from other paid time off available to the employee.
SEIU MOU 2021-2024 Page 15
When an employee has exhausted the bereavement leave provided in this section, the employee
may submit a request to his/her Department Head and request additional time off work. If
approved, the employee must use their other accrued paid leave. The employee may elect which
accrued paid leave he/she shall use during the additional leave. However, the employee may not
use more than forty (40) hours of accrued sick leave for bereavement purposes.
If the additional leave approved by the Department Head is longer than forty (40) hours, the
employee is required to use accrued paid leave other than sick leave.
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 PERSONAL LEAVE
In any calendar year an employee can use up to two days (16 hours) of time for personal leave
reasons without explanation. These hours shall come out of the employee's sick leave accrual
bank. The employee will be charged for only the time used up to the maximum allowable of 16
hours in a calendar year. These hours are not intended as vacation days and may not be used to
extend vacation or holiday time off.
SECTION 4.10 WORK SHOES
The City shall contribute Two Hundred and Fifty ($250.00) Dollars per fiscal year for the purchase
of appropriate footwear to employees in the following positions:
• Senior Building Maintenance Specialist
• Building Maintenance Specialist
• Building Inspector I & II
• Public Works Inspector
• Inspector
• Maintenance Worker I & II
• Senior Maintenance Worker
• Lead Zookeeper
• WWTP Operator I, II, III
• WWTP Operator -in -Training
• Zoo Education Curator
• Zookeeper I & II
Proof of purchase is required. Once purchased, such appropriate footwear must be worn while
working.
SEIU MOU 2021-2024 Page 16
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 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.
SECTION 4.13 LONGEVITY EXCLUSIVELY AS SECTION 457 CONTRIBUTION
a. For those active employees that have attained 10 years of continuous full time employment,
the City, consistent with sections (b) through (f) below, shall deposit funds into a separate
deferred compensation plan Section 457 account for each employee in the following
amounts as fellows:
i. Fiscal Year 2021-2022: $50 for each whole year of continuous full-time
employment with the City
ii. After July 1, 2022: $100 per year for each whole year of continuous full-time
employment with the City
b. Only employees who have received an overall rating of"satisfactory" or better on their last
evaluation on file will be eligible for the longevity 457 contribution.
c. Whole years of full time employment shall be determined on September I" of each year
d. Fractions of a year will be rounded down to the nearest whole year
e. Deposit into the deferred compensation account shall be made in one lump sum annually
no later than the second pay period in September.
f. Based on title 2 of the California Code of Regulations Section 571, the annual City deferred
contribution for longevity into the separate deferred compensation plan, will not be
considered special compensation, will not be reported to Ca1PERS as compensation and
will not be considered as compensation when calculating an employee's retirement
benefits.
SEIU MOU 2021-2024 Page 17
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 an amount not to
exceed $2,035.57 per month for employees electing Family coverage. The City contribution
shall go toward the cost of all medical, dental, vision and life insurance benefit premiums for
the unit member employee and dependents. 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 an amount
not to exceed $1,513.88 per month for employees electing Employee +1 coverage. The City
contribution shall go toward the cost of all medical, dental, vision and life insurance benefit
premiums for the unit member employee and dependent. 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 $1,076.83 per month for employees electing Employee Only coverage. The City
contribution shall go toward the cost of all medical, dental, vision and life insurance benefit
premiums for the unit member employee. City shall pay for increased costs to medical, dental,
vision and life insurance premiums for the employee based upon HMO plan costs.
For unit members who elect to have "Employee Only" coverage, 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
fifty thousand ($50,000).
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 will enable an employee to on a voluntary basis, cover additional out of pocket premium
expenses for insurance through pretax payroll dollars.
SEW MOU 2021-2024 Page 18
h. State Disability Insurance — The City shall provide State Disability Insurance as a payroll
deduction for each employee covered under this agreement. 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 service.
ARTICLE VI - CLOSING PROVISIONS
SECTION 6.1 TERM
The term of this MOU shall commence on July 1, 2021 and expires June 30, 2024.
SECTION 6.2 JOINT COMMITMENT TO FAIR AND REASONABLE CHANGES TO
THE CALPERS SYSTEM
The interests of the City and the SEIU are generally aligned: both seek fair and reasonable changes
to the CalPERS system to ensure long-term sustainability of the system. Needed State -level changes
acceptable to both executive management and City labor groups are most likely to be initiated by
Ca1PERS member agencies and labor, working collaboratively.
City and SEIU hereby jointly commit to:
• Request state -level membership organizations (e.g., the League of California Cities, state-
wide labor affiliates) to alert and engage members, to make this issue a priority, and
encourage committing to a set of collaborative solutions;
• Encourage, educate, and engage peers (e.g., other cities, other labor groups) to make this
issue a priority and to lend their voice to our request to state -level membership organizations;
• Jointly analyze options with an open mind as to potential solutions; and
• Other potential collaborative efforts as they arise.
SEN MOU 2021-2024 Page 19
SECTION 6.3 SIGNATURES
This MOU has been ratified and adopted pursuant to the recommendation of the following
representatives:
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