HomeMy WebLinkAboutReso 53-17 Approving SEIU MOU 2017-20_fully executedRESOLUTION NO. 53-17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MORRO BAY AND THE
SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU), LOCAL 620,
FOR THE PERIOD OF JULY 1, 2017 THROUGH JUNE 30, 2020
THE CITY COUNCIL
Morro Bay, California
WHEREAS, the City of Morro Bay ("City") has, and continues to recognize, the Service
Employees International Union ("SEIU"), Local 620, as the sole exclusive bargaining agent for
the City's miscellaneous employees, for all matters concerning wages, hours and working
conditions; and
WHEREAS, the current Memorandum of Understanding between the City and SEIU
Local 620 ("SEIU MOU 2016-2017"), which was duly approved by the City Council on August
23, 2016, was set to expire on June 30, 2017; and
WHEREAS, prior to the June 30, 2017 expiration of the SEIU MOU 2016-2017, the City
and SEIU Local 620 reached an agreement extending the term of the SEIU MOU 2016-2017 by
one year and providing a 2% cost of living adjustment ("COLA") for Fiscal Year 2017-18, and
thereafter jointly prepared and executed an Amendment No. 1 to the SEIU MOU 2016-2017
("First Amendment"), which was ratified by the SEIU on June 21, 2017 and approved by the City
Council by Resolution No. 38-17 on June 27, 2017, and which extended the SEIU MOU 2016-
2017 to June 30, 2018; and
WHEREAS, the City and SEIU Local 620 have continued to negotiate a three-year
agreement for the period of July 1, 2017 through June 30, 2020, with two percent (2%) COLAs
each year contingent upon the City meeting specified revenue thresholds; and
WHEREAS, the City labor relations representatives and SEIU Local 620 representatives
successfully met and conferred to negotiate the three-year MOU between the parties, pursuant
to both the Meyers-Milias-Brown Act ("MMBA") (Gov't Code Section 3500-3511) and the City's
Employer -Employee Relations Resolution, Resolution No. 08-17, and have jointly prepared and
executed the attached successor MOU between the City and SEIU, for the period July 1, 2017
through, and including, June 30, 2020 ("SEIU MOU 2017-2020"), which was ratified by the SEIU
on August 30, 2017; and
WHEREAS, the SEIU MOU 2017-2020 is subject to City Council acceptance and
approval, which is made a part hereof by this reference; and
WHEREAS, once approved by the City Council, the SEIU MOU 2017-2020 shall
become a binding agreement between the City and SEIU Local 620.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MORR30 BAY, CALIFORNIA, AS FOLLOI/VS:
Section 1. City Council Resolution No. 38-17, adopting the First Amendment, is hereby
rescinded and replaced by this resolution.
Section 2. The City Council approves the successor MOU between the City and SEIU
for the period of July 1, 2017 through, and including, ,tune 30, 2020, a copy of which is attached
hereto as Exhibit 1.
PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a regular
meeting thereof held on the 261 day of September 2017, by the following vote:
AYES:
Irons, Davis, Headding, Makowetski, McPherson
NOES:
None
ABSENT:
None
ABSTAIN:
None
JA L. IRONS, Mayor
ATTEST:
Cc
DANA SWANSON, City Clerk
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE MORRO BAY
SERVICE EMPLOYEES
INTERNATIONAL UNION
LOCAL NO. 620
AND
THE CITY OF MORRO BAY
JULY 19 2017 - JUNE 309 2020
Table of Contents
ARTICLE1 -PURPOSE ..............................................................................................................................................
1
ARTICLE 2 - MANAGEMENT..................................................................................................................................
1
ARTICLE 3 - RECOGNITION....................................................................................................................................3
ARTICLE4 - UNION BUSINESS...............................................................................................................................5
ARTICLE 5 - AUTHORIZED AGENTS.....................................................................................................................6
ARTICLE 6 - UNION SECURITY AND WITHHOLDING OF UNION DUES/FEES.............................................7
ARTICLE7 - TERM.....................................................................................................................................................9
ARTICLE8 - RENEGOTIATIONS.............................................................................................................................9
ARTICLE 9 - ANTI-DISCRIMINATION....................................................................................................................9
ARTICLE 10 -WORK SCHEDULE............................................................................................................................9
ARTICLE 11 - VACATION LEAVE.........................................................................................................................
11
ARTICLE12 - HOLIDAYS............................................................_.........................................................................12
ARTICLE13 - SICK LEAVE.....................................................................................................................................13
ARTICLE 14 - RETIREMENT BENEFITS...............................................................................................................14
ARTICLE 15 - HEALTH BENEFITS........................................................................................................................16
ARTICLE 16 - EDUCATION INCENTIVES............................................................................................................18
ARTICLE 17 - WORK UNIFORMS..........................................................................................................................18
ARTICLE 18 - WAGES AND INCENTIVES...........................................................................................................19
ARTICLE 19 - SPECIAL PAY PRACTICES............................................................................................................23
ARTICLE 20 - PROBATION....................................................................................................................................
25
ARTICLE 21 - GRIEVANCE PROCEDURE............................................................................................................25
ARTICLE 22 -NO STRIKE, NO LOCK-OUT..........................................................................................................28
ARTICLE 23 - FULL UNDERSTANDING, MODIFICATION, WAIVER..............................................................28
ARTICLE24 - SEVERABILITY...............................................................................................................................29
ARTICLE 25 - JOINT DRAFTING..........................................................................................................................288
ARTICLE 26 - CITY COUNCIL APPROVAL..........................................................................................................29
SEIU MOU 2017-20 Page iii
MEMORANDUM OF UNDERSTANDING BETWEEN
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL NO. 620
AND THE CITY OF MORRO BAY
JULY 2017 - JUNE 2020
ARTICLE 1— PURPOSE
1.1 WHEREAS, the City of Morro Bay is a municipal corporation existing under the laws of
the State of California as a general law city; and
1.2 WHEREAS, the City of Morro Bay is limited, insofar as funds are concerned, because of
a fixed tax rate, and in structure because it is a public entity rather than a profit making
business; and
1.3 WHEREAS; Service Employees International Union Local No. 620 and the City of
Morro Bay recognize that the mission and the purpose of the City is to provide for high-
quality and economical municipal services and facilities to the residents of the City of
Morro Bay.
1.4 THEREFORE, this Memorandum of Understanding ("MOU") is entered into as of July
1, 2017, between the City of Morro Bay, hereafter called the "CITY," and Service
Employees International Union Local No. 620, hereafter called the "UNION."
1.5 It is the intent and purpose of this MOU to assure sound and mutually beneficial working
and economic relations and conditions between the parties hereto; to provide for an
orderly and peaceable method and manner of resolving any differences which may arise;
and to negotiate any misunderstanding, which could arise, and to set forth, herein, the
basic and full agreement between the parties, concerning the pay, wages, hours of
employment, and other terms and conditions of employment.
ARTICLE 2 — MANAGEMENT
2.1 In order to ensure that the CITY shall continue to carry out its municipal functions,
programs, and responsibilities to the public imposed by law, and to maintain efficient
public service for the citizens of Morro Bay, the CITY continues to reserve, and retain
solely and exclusively, all management rights, regardless of the frequency of use,
including those rights and responsibilities set forth by law, and those CITY rights set forth
in the CITY's Personnel Rules and Regulations, and including, but not limited, to the
following:
2.1.1 To manage the CITY, determine policies and procedures, and the right to manage
the affairs of all Departments.
SEIU MOU 2017-20 Page 1
4;J
2.1.2 To determine the existence, or nonexistence, of facts that are the basis of the
management decision in compliance with State law.
2.1.3 To determine the necessity, organization, implementation, and termination of any
service or activity conducted by the CITY or other government jurisdiction, and to
expand or diminish services.
2.1.4 To direct, supervise, recruit, select, hire, evaluate, promote, transfer, discipline,
discharge, terminate, demote, reduce, suspend, reprimand, withhold salary
increases and benefits for disciplinary reasons, or otherwise discipline employees,
in accordance with Department or CITY Rules, Regulations, or Ordinances.
2.1.5 To determine the nature, manner, means, extent, type, time, quantity, quality,
technology, standard, and level of services to be provided to the public.
2.1.6 To require performance of other public services, not specifically stated herein, in
the event of emergency or disaster, as deemed necessary by the CITY.
2.1.7 To lay off employees because of lack of work or funds or under conditions where
continued work would be inefficient or nonproductive or not cost effective, as
determined by the CITY.
2.1.8 To determine and/or change facilities, methods, technology, equipment, operations
to be performed, organization structure, and allocate or assign work by which the
CITY operations and services are to be conducted.
2.1.9 To determine method(s) of financing.
2.1.10 To plan, determine, and manage Departments' budget, which includes, but is not
limited to, changes in the number of locations and types of operations, processes
and materials to be used in carrying out all functions, and the right to contract or
subcontract any work or operations.
2.1.11 To determine the size and composition of the work force, assign work to
employees of the CITY, in accordance with requirements determined by the CITY,
and to establish and require compliance to work hours and changes to work hours,
work schedules, including call back, standby, and overtime, and other work
assignments, except as otherwise limited by this MOU, or subsequent MOUS.
2.1.12 To establish and modify goals and objectives, related to productivity and
nerfnrmanre programs and, standards, including hilt not limited to Mlallt\i And
quantity, and required compliance therewith.
SEIU MOU 2017-20 Page 2
2.1.13 To determine qualifications, skills, abilities, knowledge, selection procedures and
standards, job classification, job specifications, and to reallocate and reclassify
employees, in accordance with division and/or CITY Rules and Regulations.
2.1.14 To determine the issues of public policy and the overall goals and objectives of the
CITY, and to take necessary action to achieve the goals and objectives of the
CITY.
2.1.15 To hire, transfer intra- or inter -Department, promote, reduce in rank, demote,
reallocate, terminate, and take other personnel action for non -disciplinary reasons,
in accordance with Department and/or CITY Rules, Regulations and Ordinances.
2.1.15 To determine policies, procedures and standards for recruiting, selecting, training
and promoting employees.
2.1.17 To establish, implement, and/or modify Rules and Regulations, policies, and
procedures related to productivity, performance, efficiency, personal appearance
standards, code of ethics and conduct, safety, health, and order, and to require
compliance therewith.
2.1.1 S To maintain order and efficiency in facilities and operation.
2.1.19 To restrict the activity of an employee organization on CITY facilities, except as
set forth in this MOU.
2.1.20 To take any and all necessary steps and actions to carry out the service
requirements and mission of the CITY, in emergencies or any other time deemed
necessary by the CITY, and not specified above.
2.2 Nothing herein is meant to diminish CITY rights provided by the Government Code.
2.3 Authority of Third party Neutral — Management lights
All management rights, powers, authority, and functions, whether heretofore or hereinafter
exercised, shall remain vested exclusively with the CITY. No third party neutral shall
have the authority to diminish any of the management rights that are included in this
MDU.
2.4 Nothing herein is meant to diminish employee rights provided by the Government Code.
ARTICLE 3 — RECOGNITION
3.1 Pursuant to Resolution No. 08-17, the Employer -Employee Relations Resolution of the
City of Marro Bay and applicable state law, Service Employees International Union Local
620 was designated by the City of Morro Bay City Council as the exclusive representative
SEIU MOU 2017-20 Page 3
of City employees in the Miscellaneous Employees Unit (hereafter "UNIT"). The UNIT
is comprised of the following classifications:
Account Clerk I
Account Clerk II
Account Clerk III
Administrative Technician
Administrative Utilities Technician
Assistant Civil Engineer
Assistant Planner
Associate Civil Engineer
Associate Planner
Building Inspector
Building Inspector/Plans Examiner
Consolidated Maintenance Worker I
Consolidated Maintenance Worker II
Consolidated Maintenance Worker III
Consolidated Maintenance Leadworker
Consolidated Maintenance Field Supervisor
Engineering Technician I
Engineering Technician II
Engineering Technician III
Engineering Technician IV
Harbor Business Coordinator
Harbor Patrol Officer
Harbor Patrol Officer Supervisor
Housing Programs Coordinator
Mechanic
Office Assistant II
Office Assistant III
Office Assistant IV
Permit Technician
Permit Technician - Certified
Recreation Supervisor - Sports
Recreation Supervisor — Youth
Recreation Coordinator
Support Services Technician
Wastewater Systems Operator In -Training
Wastewater Systems Operator I
Wastewater Systems Operator II
Wastewater Systems Operator III
SEIU MOU 2017-20 Page 4
Wastewater Systems Leadworker
Wastewater Systems Supervisor
Wastewater Treatment Plant Operator In -Training
Wastewater Treatment Plant Operator I
Wastewater Treatment Plant Operator II
Wastewater Treatment Plant Operator II/Lab Analyst
Wastewater Treatment Plant Leadworker
Wastewater Treatment Plant Supervisor
Wastewater Collection System Operator I
Wastewater Collection System Operator II
Wastewater Collection System Operator III
Wastewater Collection System Leadworker
Wastewater Collection System Supervisor
Water System Operator I
Water System Operator I1
Water System Operator III
Water System Supervisor
The term "employee" or "employees," as used herein, shall refer only to the foregoing
classifications.
3.2 Employees, working on a regular basis in a classified position, but less than full-time,
shall receive vacation and sick leave accruals on a pro -rated basis, commensurate with
hours worked. Effective January 1, 1998, all benefits for new hires, including insurance
benefits, will be allocated on a pro -rated basis, commensurate with hours worked.
3.3 Electronic Deposit:
All Employees, hired after the effective date of this contract, shall receive their pay by
electronic methods. New hires must present account information for a checking or a
savings account with an ACH-member financial institution.
ARTICLE 4 - UNION BUSINESS
4.1 Employee representatives, designated by the UNION, shall be granted time off, without
lass of pay, to attend "meet and confer" sessions with the City Manager, and/or his/her
designee, on subjects within the scope of representation, when such meetings are
scheduled during regular working hours. Should such meeting extend beyond an employee
representative's regular working hours, the employee representative shall be paid for only
the regular working hours.
It is understood that this "time -off provision" shall only apply to a maximum of three (3)
employees attending any one meeting between CITY and UNION. Where exceptional
circumstances warrant, the City Manager may approve the attendance at such meetings of
additional employee representatives. The UNION shall, whenever practicable, submit the
SEIU MOU 2017-20 Page 5
names of all employee representatives to the City Manager, or designee, at least two
working days in advance of such meetings. Provided further: 1) that no employee
representative shall leave his/her duty or work station or assignment without specific
approval of the department head or other authorized CITY management official; and 2)
that any such meeting is subject to scheduling by CITY management and UNION, in a
manner consistent with operating needs and work schedules.
4.2 Nothing provided herein shall limit or restrict CITY management and UNION from
scheduling such meetings before or after regular CITY or work hours.
4.3 Off-duty employees will not be paid for attending meet and confer sessions, nor will over-
time be paid for same.
4.4 If the UNION and the CITY are actively meeting and conferring (e.g. after a successor
letter has been delivered to the CITY to initiate conferring), then pursuant to Government
Code Section 3505.3, a reasonable number of UNION representatives shall be permitted
paid release time from regular working hours upon reasonable notification to the CITY as
follows:
a. When formally meeting and conferring with representatives of the CITY on
matters within the scope of representation;
b. When testifying or appearing as the designated representative of UNION in
conferences, hearings, or other proceedings before the board, or an agent thereof,
in matters relating to a charge filed by the UNION against the CITY or by the
CITY against the UNION;
C. When testifying or appearing as the designated representative of the UNION in
matters before a personnel or merit commission.
d. For the purposes of this section, "designated representative" means an officer of
the UNION or a member serving in proxy of the UNION.
4.5 The UNION will be permitted to retain and use bulletin boards for member informational
purposes at the following locations: 1) City Hall 2) Public Works/Community
Development 3) Recreation Services 4) Water and Collections Department 5) Wastewater
Treatment Plant 6) Fire Department and 7) Harbor Department.
ARTICLE 5 - AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this MOU :
5.1 Management's principal authorized agent shall be the City Manager, or his/her duly
authorized representative (address: 595 Harbor Street, Morro Bay, CA 93442, telephone
SEIU MOU 2017-20 Page 6
(805) 772-6201), except where a particular management representative is specifically
designated in the MOU.
5.2 The UNIT's principal authorized representative shall be: Service Employees International
Union Local 620 (114 Vine Street, Santa Maria, CA 93454 (805) 963-0601).
5.3 The UNION shall furnish the CITY's City Manager with a written list, identifying by
name and work location, up to three stewards and one chief steward.
5.4 UNION stewards shall be authorized, when participating in the investigation and
processing of a grievance, to take a reasonable amount of CITY ---time, without loss of
compensation or benefits, to perform these duties.
5.5 UNION stewards shall be selected in accordance with current SEIU written policy on file
with the CITY Human Resources Office.
ARTICLE 6 — UNION SECURITY and WITHHOLDING OF UNION DUES/FEES
6.1 "Maintenance of Membership"
All UNIT employees who, on the effective date of this MOU, are members of SEIU Local
620, and all such employees, who thereafter voluntarily become members of Local 620,
shall maintain their membership in Local 620, subject to the right to resign membership
during the period commencing thirty days prior to June 30 of each year of this MOU.
6.2 Agency Shop
Pursuant to UNION's initiation, allowed by an amendment to the Meyers-Milias-Brown
Act, the CITY and the UNION will abide by the following provisions, as they relate to an
agency shop.
Agency Shop, as defined under Meyers-Milias-Brwn, means "an arrangement that
requires an employee, as a condition of continued employment, either to join the
recognized employee organization, or to pay the organization a service fee in an amount
not to exceed the standard initiation fee, periodic dues, and general assessments of the
organization." CITY recognizes that UNION has petitioned for ,and a majority of
employees have cast ballots in a secret ballot election in favor of, agency shop for this
bargaining UNIT.
ZD
The United States Supreme Court has decided that Unions may not charge non-members
for expenses unrelated to the actual representation of the employees in the bargaining
T TNTT such as political contributions, nraani-Ana and member-nniv hPne_fi_tc
Employees, who question whether the amount of the UNION's Agency Fee contains
unlawful charges, may file a written objection with the UNION to the Agency Fee, and if
successful, have their Agency Fee reduced to cover only the lawfully -chargeable amount.
Any costs related to this objection process will be borne by the UNION.
SEIU MOU 2017-20 Page 7
6.3 Conscientious Objection
Any employee, who is a member of a bona fide religion, body, or sect that has historically
held conscientious objections to joining or financially supporting public employee
organizations, shall not be required to join or financially support any public employee
organization as a condition of employment. Such employees shall be required to, in lieu
of periodic dues, initiation fees, or agency fees, pay sums, equal to the dues, initiation
fees, or agency fees, to a nonreligious, non -labor charitable fund, exempt from taxation
under Section 501(C)(3) of the Internal Revenue Code, chosen by the employee from the
following; Hospice, CASA, or United Way for the purpose of payroll deductions, Proof
of payments shall be made on a monthly basis to the CITY, as a condition of continued
exemption from the requirement of financial support to the UNION.
6.4 Covered employees shall execute written authorization for either UNION dues deductions,
the agency fee, or, if eligible, the charitable contribution. In the absence of a written
authorization, the CITY shall deduct the agency fee from the employees' paycheck,
pursuant to the Meyers»Milian-Brown Act (Gov't Code Sections 3500-3511 et.seq.).
Section 3502.5. The CITY agrees to promptly remit, to the UNION, all monies deducted,
accompanied by an "Agency Fee Deduction Report," to include the names and amounts of
the deductions in the same manner and timeframes as the current provision of the dues
deduction reports.
6.5 Rescission of Agency Shop
This agency shop provision may be rescinded by a majority vote of all the employees in
the UNIT covered by the MOU, provided that:
6.5.1 A request for such a vote is supported by a petition of at least 30% of the
employees in the bargaining UNIT;
6.5.2 The vote is by secret ballot;
6.5.3 The vote may be taken at any time during the term of the MOU, but in no event
shall there be more than one vote taken during each contract year.
6.6 Applicability
An agency shop arrangement shall not apply to management, confidential, or supervisory
employees.
6.7 Reporting Requirement
The UNION shall keep an adequate itemized record of its financial transactions, and shall
make available annually, to the CITY and to the employees who are members of the
organization, within 60 days after the end of its fiscal year, a detailed written financial
report, thereof, in the form of a balance sheet and an operating statement, certified as to
accuracy by its president and treasurer or corresponding principal officer, a certified
public accountant, or as otherwise required by law.
SEW MOU 2017-20 Page 8
6.8 Indemnification
The UNION shall indemnify, and hold the CITY harmless, against any liability arising
from any claims, demands, or other action relating to the CITY's compliance with the
agency shop obligation. The UNION shall comply with all statutory and legal
requirements, with respect to agency shop.
ARTICLE 7 - TERM
Except as otherwise specifically provided herein, the term of this MOU shall be from Rily 1,
2017, through June 30, 2020.
ARTICLE 8 - RENEGOTIIATIONS
8.1 In the event either party wants to renegotiate a successor MOU, such party shall serve,
upon the other during the period December 1, 2019 to January 31, 2020, its written request
to begin negotiations, as well as its full and entire written proposals amending this MOU.
8.2 The parties agree that, except by mutual agreement, no new subjects may be introduced
into the process after the third negotiations meeting.
8.3 Upon receipt of such written notice and proposals, negotiations shall begin no later than
March 15, 2020.
ARTICLE 9 - ANTI -DISCRIMINATION
The CITY and UNION mutually agree they will not discriminate against employees for the
exercise of their rights under the State of California Government Code Section 3502.
ARTICLE 10 - WORK SCHEDULE
This ARTICLE is intended to define the normal hours of work, and shall not be construed as a
guarantee of work per day or per week, or of days of work per week.
10.1 Workday
The normal workday shall be eight hours of work in a 24 consecutive hour period, except
in cases of emergencies. Alternative work schedules can be implemented, upon approval
of the City Manager, and providing they are not in violation of the Fair Labor Standards
Act (FLSA) regulations. The parties agree herewith to retain the option to re -open
discussion of this Section 10. 1, with respect to UNION's proposal for a 9180 work
schedule for non -safety employees, where all non -safety employees working locations
would be closed one day every other week to accommodate such modified schedules.
SEIU MOU 2017-20 Page 9
10.2 Work Shift
Employees shall be scheduled to work on regular work shifts having regular starting and
quitting times. Except for emergencies, employees' work shifts shall not be changed
without 24-hour prior notice to the employee. Call -out or overtime does not constitute as
change in work shift.
10.3 Work Week
The normal workweek shall be five workdays and two consecutive days of rest in a seven-
day period, beginning Saturday, 12:00 a.m., and ending seven days later on Friday night at
11:59 p.m., except in cases of emergencies, or at the specific request of an employee and
approval of department head. Nothing herein shall be construed to eliminate currently
established irregular work schedules.
10.4 Overtime Compensation
10.4.1 All work required by the CITY, and actually performed beyond 40 hours worked
in a workweek, is defined as FLSA overtime. FLSA overtime shall be
compensated at one and one-half times the employee's regular rate of pay, as
defined by FLSA.
14.4.2 Designated CITY holidays shall be considered as time worked, for purposes of
computing overtime, for personnel working a Monday through Friday, eight hours
a day, schedule with Saturday and Sunday as regular days off. Employees
working other schedules will accrue eight hours holiday time, and if working on
the CITY designated holiday, be paid at the rate of one and one-half times the
employee's regular rate of pay, as defined by FLSA. Effective upon the
ratification of this contract, vacation hours used shall also be considered as time
worked, for overtime calculation purposes.
10.4.3 There shall be no double compensation for the same hours of work, nor any
"pyramiding" of overtime.
10.5 Compensatory Time Off (CTO).-
10.5.1
CTO):
10.5.1 At the employee's option, CTO may be taken in lieu of payment for overtime.
10.5.2 CTD may be accrued. An employee's CTO balance shall indicate the amount of
CTO available for employee's use. For example, if an employee works two hours
of FLSA overtime, and elects to accrue GTO, the employee's CTO balance shall
indicate three hours.
10.5.3 An employee's CTD balance shall not exceed a maximum of 60 hours. If overtime
is earned that would exceed this limit, the excess shall be paid in cash.
SEIU MOU 2017-20 Page 10
10.5.4 All CTO, requested by an employee, must be approved in advance by the
employee's Department Head.
10.5.5 Employees, separating from the CITY, are entitled to pay for accumulated CTO at
their current base rate of pay.
10.6 Emergencies
10.6.1 Nothing herein shall be construed to limit or restrict the authority of management
to make temporary assignments to different or additional locations, shifts, or
duties, for the purpose of meeting an emergency. Such emergency assignments
shall not extend beyond the period of said emergency.
10.6.2 Short—staffing, caused solely by absences due to employees taking approved paid
leave, shall not be considered an emergency.
10.7 Shift Rotation
Shift rotation shall coincide with the first day of a pay period.
10.$ Breaks
As a general practice, employees shall be permitted to take a minimum fifteen (15) minute
paid rest/hydration/exercise break for every four (4) hours worked. In addition,
employees shall be permitted to take a minimum thirty (30) minute and maximum sixty
(60) minute unpaid meal break for up to ten (10) hours worked. The scheduling of these
breaks shall be subject to departmental policy and will require approval of ars employee's
supervisor or manager. The inability of a department to schedule or allow such breaks or
of an employee to take such breaks shall not give rise to any right to or claim for
compensation and/or monetary damages of any kind.
ARTICLE 11 - VACATION LEAVE
NOTE: All leave time (vacation, sick leave, holiday, etc.) will be taken off on an hour -fox -hour
basis, equaling employee actual time off, regardless of accumulation rates.
11.1 During the term of this MOU, paid vacation leave shall be earned at the following rate:
Maximum Entitlement
Service Years Days Hours
1 thru 2 10 SO
3 thru 4 11 SS
5 thru 6 12 96
7 thru 8 13 104
SEfU MOU 2017-20 Page 11
IN
9 thru 10
14
112
11 thru 12
15
120
13 thru 14
16
128
15 thru 16
17
136
17 thru 18
18
144
19 thru 20
19
152
21 or more
20
160
11.2 The standard for vacation time is eight hours equals one day.
11.3 Effective July 1, 2014, employees will be provided an option to convert up to 40 hours of
vacation into compensation per fiscal year provided that at the time of the conversion request at
least 20 hours of vacation time remains in the employee's vacation bank. Conversion may be
requested throughout the fiscal year, with a minimum of 30 days' notice to payroll, and
Department Head approval.
11.4 Maximum Accumulation
It is recognized that long-standing accumulations of vacation time exist for some
employees. In order to compensate employees for this unused vacation time, and reduce
this liability for the CITY, CITY and UNION agree on the following policy:
11.4.1 CITY and UNION agree that the vacation cap to be in place for this UNIT will be
220 hours, to be achieved in the following manner-:
11.4.1.1 Unused vacation leave may be carried over into the calendar year 2008
and subsequent calendar years to a maximum of 220 hours. Employees
exceeding the 220 -hour maximum, as of the pay period containing
November I" will be paid off for vacation time that exceeds the 220 -
hour maximum. Payment shall be computed based upon the
employee's current base hourly rate of pay. Vacation pay out will
occur in the first pay period occurring on or after December 111.
11.4.2 Employees, separating from the CITY, are entitled to pay for accumulated vacation
based upon employee's current base hourly rate of pay.
ARTICLE 12 - HOLIDAYS
12.1 For the purpose of this MOU, the following days are the holidays for the employees in this
UNIT:
New Year's Day January I
Martin Luther King, Jr.'s, Day Yd Monday in January
Lincoln's Birthday February 12th
SEIU MOU 2017-20 Page 12
President's Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day
Two (2) Floating Holidays
3rd Monday in February
Last Monday in May
July 4h
I" Monday in September
November 11 `b
4'' Thursday in November
Friday after Thanksgiving
December 25h
Varies
12.2 Holidays, falling on Saturday, shall be observed on the preceding Friday, and holidays,
falling on Sunday, shall be observed on the following Monday, and shall be considered
designated holidays for purposes of overtime.
12.3 One holiday equals eight hours. For those UNIT employees, participating in alternative
work schedules, one holiday shall equal the number of hours the employee is scheduled to
work on the day of the holiday. Accrued holiday time may be taken in less than eight-
hour increments.
12.4 It is agreed that when a holiday is proclaimed by the Mayor of the CITY, then each
employee shall be granted time -off in the same number of equivalent work hours. Such
time -off shall be selected by the Department Head.
12.5 Employees may accumulate up to a maximum of 48 hours holiday time for holidays
worked. Hours of holiday time, accumulated over 48 hours, will be paid off. When an
employee terminates employment with the CITY, he/she shall receive pay for his/her
current holiday balance up to a maximum of 48 hours at his/her current base hourly rate.
12.6 CITY's denial of requested holiday time off shall be neither arbitrary nor capricious.
12.7 Employees, who work on a CITY -designated holiday, shall have up to 10 hours banked,
depending on scheduled hours, and also shall be paid one and one-half times their base
hourly rate for the hours actually worked on the holiday.
12.8 The first payroll including July 1, each employee's bank will be credited with 16 hours
floating holiday, regardless of actual work schedules.
ARTICLE 13 - SICK LEAVE
13.1 During the term of this MOU, sick leave shall be earned at the rate of one eight-hour
workday for each calendar month of service. Sick leave used shall be actual employee
time off. For example, if an employee works four 10 -hour days per week and is off sick
for one of the 10 hour days, 10 hours shall be deducted from employee's sick leave
SEIU MOU 2017-20 Page 13
balance. There shall be no maximum to the amount of sick leave that an employee may
accumulate.
13.2 Based on individual utilization of paid sick leave in the preceding calendar year, employee
may convert unused accumulated sick leave into paid vacation leave once per calendar
year, pursuant to the formula below:
At least 160 accrued hours must remain in employee's sick leave bank for any employee
to be eligible for conversion or for any conversion to be authorized. In addition, the right
to convert, along with any conversion hours, does not carry over.or rollover from calendar
year to calendar year; failure to request conversion in any calendar year eliminates the
right to do so for that calendar year.
133 Upon the service retirement of an employee who has more than 10 years of service with
the CITY, said employee shall be entitled to receive payment for up to 720 hours of
Ms/her accrued sick leave at thirty percent (30%) of the employee's rate of pay as of the
date of service retirement.
Service retirement is defined as service retirement from both the CITY and the respective
retirement system thereof.
NOTE. Sick leave, converted to service credit for PERS purposes, cannot be compensated
(converted to dollars).
ARTICLE 14 - RETIREMENT BENEFITS
14,1 All employees will contribute the entire employee retirement contribution, which is
currently: 1) classic members, Tier 1 - 8% Miscellaneous/9% Safety; classic members,
Tier 2 - 7% Miscellaneous/9% Safety; or PEPRA members, Tier 3 — 6.25%
Miscellaneous/i 1.5% Safety.
14.2 The CITY agrees to continue providing all CalPERS /Miscellaneous employees in this
UNIT, who were hired prior to January 1, 2012, with the following CalPEAS retirement
formula and optional benefits (existing employees promoted to another position within the
CITY, will not be considered new hires, with respect to retirement formulas):
SEIU MOU 2017-20 Page 14
Maximum Conversion
Sick Leave Utilization
Sick Leave
to Vacation Leave
0 hours
96 hours
48 hours
0.25 to 8 hours
72 hours
36 hours
8.25 to 16 hours
48 hours
24 hours
16.25 to 25 hours
24 hours
12 hours
Over 25 hours
0 fours
0 hours
At least 160 accrued hours must remain in employee's sick leave bank for any employee
to be eligible for conversion or for any conversion to be authorized. In addition, the right
to convert, along with any conversion hours, does not carry over.or rollover from calendar
year to calendar year; failure to request conversion in any calendar year eliminates the
right to do so for that calendar year.
133 Upon the service retirement of an employee who has more than 10 years of service with
the CITY, said employee shall be entitled to receive payment for up to 720 hours of
Ms/her accrued sick leave at thirty percent (30%) of the employee's rate of pay as of the
date of service retirement.
Service retirement is defined as service retirement from both the CITY and the respective
retirement system thereof.
NOTE. Sick leave, converted to service credit for PERS purposes, cannot be compensated
(converted to dollars).
ARTICLE 14 - RETIREMENT BENEFITS
14,1 All employees will contribute the entire employee retirement contribution, which is
currently: 1) classic members, Tier 1 - 8% Miscellaneous/9% Safety; classic members,
Tier 2 - 7% Miscellaneous/9% Safety; or PEPRA members, Tier 3 — 6.25%
Miscellaneous/i 1.5% Safety.
14.2 The CITY agrees to continue providing all CalPERS /Miscellaneous employees in this
UNIT, who were hired prior to January 1, 2012, with the following CalPEAS retirement
formula and optional benefits (existing employees promoted to another position within the
CITY, will not be considered new hires, with respect to retirement formulas):
SEIU MOU 2017-20 Page 14
14.2.1 2.7% �7a 55 formula (Section 21354.5)
14.2.2 Unused Sick Leave Credit Option (Section 2.0965)
14.2.3 Military Service Credit (Section 21024 & 21027)
14.2.4 Single Highest Year Final Compensation (Section 20042)
14.2.5 1959 Survivor Benefit, Level 4 (Section 21574)
14.2.6 Pre -Retirement Option 2W Death Benefit (Section 21548)
143 For Ca1PERS Miscellaneous employees, who were hired on or after January 1, 2012, but
before January 1, 2013, and those hired on or after January 1, 2013, who meet the
definition of classic member, pursuant to the California Public Employee's Pension
Reform Act of 2013 (PEPRA), the CITY will provide the following Ca1PERS optional
benefits:
14.3.1 2% cr 60 formula (benefit factor increases to 2.418% �7a 63+) (21353)
14.3.2 Unused Sick Leave Option (Section 20965)
14.3.3 Military Service Credit (Section 21024 & 21027)
14.3.4 Final Compensation Average 36 consecutive highest months (20037)
14.3.5 1959 Survivor Benefit, Level 4 (21574)
14.3.6 Pre -Retirement Option 2W Death Benefit (Section 21548)
14.4 Pursuant to the Califomia Public Employees' Pension Reform Act of 2013 (PEPRA),
effective January 1, 2013, employees hired, who meet the definition of new member under
PEPRA, will be covered by following retirement formula and receive the following
CAPERS optional benefits:
14.4.1 2% �7a 62 retirement formula (benefit factor increases to 2.5% @ 57+)
14.4.2 Final Compensation Average 36 consecutive highest months (20037)
14.4.3 Member contribution rate of fifty (50) percent of the expected normal cost rate
(currently 6.25%)
14.4.4 Unused Sick Leave Credit (Section 20965)
14,45 Military Service Credit (Section 21024 and 21027)
14.4.6 1959 Survivor Benefit, Level 4 (21574)
14.4.7 Pre -Retirement Option 2W Death Benefit (Section 21548)
14.5 The. CITY agrees to continue providing CalPERS Safety employees (Harbor Officers
reclassed to Safety 1011711998) in this UNIT, who were hired prior to September 17,
2011, with the following Ca1PERS retirement formula and optional benefits (existing
employees, promoted to another position within the CITY, will not be considered new
hires, with respect to retirement formulas):
14.5.1 3% [7a 50 plan (21362.2)
14,5.2 Unused Sick Leave Credit (Section 20965)
14.5.3 Military Service Credit (Section 21024 & 21027)
14.5.4 Highest Single Year Final Compensation (Section 20042)
SEfU MDU 2017-20 Page 15
11
14.5,7 1959 Survivor Benefit, Level 4 (Section 21574)
14.5.8 Pre -Retirement Option 2W Death Benefit (Section 21548)
14.6 For Ca1PERS Safety employees (Harbor Patrol Officers, who were hired on or after
September 17, 2011, and those hired on or after January 1, 2013, who meet the definition
of classic member pursuant to the California Public Employees Pension Reform Act of
2013 (PEPRA), the CITY will provide the following CAPERS optional benefits:
14.6.1 3% @ 55 plan (Section 21363.1)
14.6.2 Unused Sick Leave Credit (Section 20965)
14.6.3 Military Service Credit (Section 21024)
14.6.4 Final Compensation 3 Year (20037)
14.6.5 1959 Survivor Benefit Level 4 (Section 21574)
14.6.6 4th Level Survivor Benefit (Section 21574)
14.6.7 Pre -Retirement Death Option 2W
14.7 Pursuant to the California Public Employees' Pension Reform Act of 2013 (PEPRA),
effective January 1, 2013, safety employees hired who meet the definition of new member
under PEPRA, will be covered by the following retirement formula and optional CaIPERS
benefits:
14.7.1 2.7% @ 57 retirement formula (Section 7522.25(d))
14.7.2 Final Compensation Average 36 consecutive highest months (20037)
14.7.3 Member contribution rate of fifty (50) percent of the expected normal cost rate
(currently 11.5%)
14.7.4 Unused Sick Leave Option (Section 20965)
14.7.5 Military Service Credit (Section 21024)
14.7.6 1959 Survivor Benefit Level 4 (Section 21574)
14.7.7 4ch Level Survivor Benefit (Section 21574)
14.7.8 Pre -Retirement Death Option 2W
14.8 City will contribute, on a 2:1 basis (i.e., employee contributes $2, and City contributes $1)
with City maximum of $600.00 per employee in any calendar year, to an employee's
deferred compensation 457 plan.
ARTICLE 15 - HEALTH BENEFITS
15.1 Health Insurance
15.1.1 Employees of this UNIT shall participate in the CaIPERS medical insurance plans
on a cafeteria style basis, with the CITY contributing the Ca1PERS minimum
(currently $125/month) to the active employee's medical insurance, and
$1.00/month, or the amount required by CaIPERS, to retiree medical insurance.
Any costs in excess of these contribution rates shall be paid by the employee and
retiree.
SEIU MOU 2017-20 Page 16
15.1.2 For 2017, UNIT employees receive a cafeteria plan contribution (including the amount
required by CalPERS in 15. 1.1 above) as follows:
Employee only - up to $715/month or cost of insurance, whichever is less
Employee + 1— up to $1,109/month or cost of insurance, whichever is less
Employee + family - up to $1,421/month or cost of insurance, whichever is less
For 2018, UNIT employees shall receive a cafeteria plan contribution (including the
amount required by CaiPERS in 15. 1.1 above) as follows:
Employee only - up to $715/month or cost of insurance, whichever is less
Employee + 1 — up to $1,135/month or cost of insurance, whichever is less
Employee + family - up to $1,460/month or cost of insurance, whichever is less
15.1.3 Effective January 1, 2009, cash -back was eliminated, except as provided herein.
Employees, receiving cash -back in December 2008, shall continue to receive the
same amount for the term of this MOU, except that if cash -back employees change
the structure of their insurance (add dependents, delete dependents, drop insurance
with the CITY, change carriers, etc.) cash -back is not an option. Cash -back will be
eliminated for employees during the open enrollment period in 2012 for calendar
year 2013, and in subsequent years, if said employees are required (because of
eliminated plans) to change carrier. In the event an employee receiving cash -back
is forced to make a plan change because the CITY changes plans and/or ceases to
contract with PERS for insurance, that employee will maintain cash -back.
15.2 Dental, Life and Vision Insurance
15.2.1 Life Insurance is provided at $50,000 per employee. The following rates are
effective January 1, 2017:
CITY will pay the remaining premium for dental/life and vision.
15.3 Any coverage made available to future retirees beyond COBRA time requirements shall
be paid for by the retiree.
15.4 The provisions of this ARTICLE shall be binding on the parties through the remainder of
this MOU, and for the term of the MOU, which will be effective upon City Council
approval. The parties agree herewith to re -open discussion with respect to this ARTICLE,
for any changes to the 2019 and 2020 health rates.
SEIU MOU 2017-20 Page 17
Vision
Dental
Life
Totals
City pays
EE pays
Employee only
$ 8.86
$ 55.47
$8.15
$ 72.48
$ 69.55
$ 2.93
Employee+ 1
$16.59
$143.09
$8.15
$ 167.83
$ 156.08
$11.75
Employee + 2+
$22.59
$143.09
$8,15
$ 173.$3
$ 161.62
$12.21
CITY will pay the remaining premium for dental/life and vision.
15.3 Any coverage made available to future retirees beyond COBRA time requirements shall
be paid for by the retiree.
15.4 The provisions of this ARTICLE shall be binding on the parties through the remainder of
this MOU, and for the term of the MOU, which will be effective upon City Council
approval. The parties agree herewith to re -open discussion with respect to this ARTICLE,
for any changes to the 2019 and 2020 health rates.
SEIU MOU 2017-20 Page 17
ARTICLE 16 - EDUCATION INCENTIVES
16.1 CITY agrees to reimburse the costs for job-related and job -required certifications,
correspondence courses, and licenses (except Class III driver's license) upon successful
completion of the examination or course by the employees, having written authorization in
advance from their department head. This shall include application fees, examination
fees, and certificate fees. Renewal fees may be paid in advance by the CITY. This
provision does not apply to continuing education requirements.
15,2 CITY agrees to provide a CITY vehicle, when available, during normal working hours for
required transportation, and will permit paid time for employees to take examinations
scheduled during normal working hours. No mileage payments axe authorized for
personal transportation, and time spent outside normal working hours shall not be
compensated, except that tests taken for CITY -required certifications shall be taken in
paid status.
ARTICLE 17 - WORK UNIFORMS
1.7.1 CITY will provide work coveralls, including laundry service, for each employee whose
working conditions create undue wear and tear on work clothing.
CITY will select and provide uniform work shirt, including laundry service, for all field
employees. Work shirts shall include a CITY logo and the employee's name.
17.2 Determination of individual entitlement to CITY -provided work uniforms will be at the
discretion of the appropriate department head, and with the approval of the City Manager.
UNIT members in classifications currently receiving uniforms shall continue to do so.
17.2.1 Each employee, as determined in 17.2, will be provided a Ca1PERS benefit of
$15.18 per pay period, This benefit shall increase should the cost increase.
17.3 Safety Shoes
Effective July 1, 2016, employees required to wear steel -toed safety shoes and Harbor
Patrol Officers required to wear approved footwear in the performance of their duties,
shall be eligible to receive an annual reimbursement, for the provision of said shoes, in the
amount of $200 per fiscal year. Harbor Patrol Officers shall be required to wear 6" black
leather boots or waterlsafety- spec: ifie shoes as approved within the sole discretion of the
Harbor Director. Proof of purchase of shoes and boots are required, Once purchased,
such appropriate footwear must be worn only while working.
SEIL7 MOL12017-20 page 18 P_
ARTICLE 1S —WAGES AND INCENTIVES
18.1 Effective retroactive to the pay period including July 1, 2016 for those employees stili
employed by the CITY upon City Council adoption of this MOL], the CITY shall provide
a Cost of Living Adjustment (COLA) increase to base salaries for all UNIT classifications
by 2.25% (see Exhibit A updated salary table).
18.2 Required Certificate.
Employees in the Maintenance Worker classifications in the Collections division shall
receive a $75 per month incentive for the California Water Environment Association
Collections Certificate required by their classification. Those employee classifications are:
Wastewater Collection System Leadworker and Wastewater Collection System Operator I,
II and III.
18.3 Additional Certificate. An employee classified as a Wastewater Treatment Plant Operator
with a certificate issued by the California State Water Resources Control Board, or those
employees classified as Water System Operator and Wastewater Collection System
Operator, shall receive a $50 per month incentive for one certification above that required
by the position held.
Those employees classified as Water System Operator will additionally receive a $50 per
month incentive for one treatment certification above that required by the position held.
18A All salary adjustments, including but not limited to merit increases, educational incentives,
and any other pay adjustments will take effect at the beginning of the next payroll period
after the scheduled effective date of the increase.
18.5 Any and all special pay incentives will be calculated on base salary.
18.6 Attached Exhibit A reflects wages for UNIT members for the duration of this MOU.
18.7 CITY conducted internal salary survey for informational purposes as agreed in the SEII J
MOU 2016-17. The market comparable cities studied included; City of Paso Robles, the
City of Atascadero, the City of San Luis Obispo, the City of Pismo Beach, the City of
Grover Beach and the City of Arroyo Grande. Positions dedicated to the Harbor
Department included Channel Island Harbor, Pillar Point Harbor, and Ventura Port
district.
18.8 Effective July 1, 2017, the CITY shall provide a CODA increase to base salaries for all
UNIT classifications in the amount of two percent (2%).
SEITJ MOU 2017-20 Page 19
18.9 Contingent upon satisfaction of the following financial terms and conditions, the CITY
shall provide a COLA increase to be effective July 1, 2018 to base salaries for all UNIT
classifications in the amount of two percent (2%) for the 2018-2019 fiscal year:
o "Total major General Fund Revenues (Property Tax, Sales Tax and Transient
Occupancy Tax) meet or exceed the combined forecasted amount of $9,406,194
(matches 10 -year forecast and FY 17/19 budget adopted by Council). This figure
shall be based on current tax rates (currently 1% Property Tax, 1.0% CITY Sales
Tax, 10% TOT). In the event of increased tax rates, such increased rates would
not count towards increased revenue receipts for this purpose.
o The CalPERS investment rate of return (i.e. "Discount Rate") to take effect in
FY18-19 does not drop below the rates announced by CalPERS on December 21,
2016, causing the CITY's contribution to CalPERS to increase more than $104,000
beyond the current budgeted amounts for the Genera] Fund.
o The CITY does not become responsible, during FYI 7-18, for any state/federally
imposed unfunded mandates from any external source(s) that require significant
unpl=ed/ un -forecasted General Fund expenditure(s) of more than $300,000 in a
fiscal year, including significant natural disasters affecting the CITY. Any such
expenditure(s), cumulatively totaling $300,000 in a'fiscal year or more, will be
counted as a reduction in the combined revenue amount discussed in this section
on which the various conditions are based, resulting either in a lower employee
bonus or reduction in the intended COLA increase to 1% or 0%.
18.9.1 Contingencies in the event of a revenue shortfall for FY 2017-18:
o If total major General Fund Revenues are less than $71,000 below the
forecasted amount (i.e. more than $9,335,194), then the COLA will be 2%,
effective July 1, 2018.
o If total major General Fund Revenues are between $71,000 and $141,999
below the forecasted amount (i.e. between $9,264,145 - $9,335,193), then the
COLA will be 1%, effective July 1, 2018.
o If total major General Fund Revenues are $142,000 or more below the
forecasted amount (i.e. less than $9,264,194), there will be no COLA effective
July 1, 2018.
18.9.2 Timing of July 1, 2018 COLA, if any:
o If the CITY determines, based on revenues received as of June 1, 2018, that it
is reasonable to assume the combined receipts will meet or exceed the General
Fund revenue threshold, then the COLA will be effective as of July 1, 2018.
$ETU MOU 2017-20 Page 20
o If meeting the General Fund revenue threshold is not a reasonable assumption
as of June 1, 2018, then the parties agree to wait for actual receipts to be
posted, which the CITY anticipates will occur by the end of August. If the
threshold is met at the time actual receipts are received, the CITY agrees to
implement the COLA retroactive to July 1, 2018.
18.9.3 Potential One -Time Lump Sum Payment in the event of revenue surplus for FY
201711$
o If the conditions described in Section 18.9 are satisfied, and total major
General Fund Revenues for FY 2017118 are above forecast, then in addition to
the 2% COLA, 20% of the amount above the forecast amount will be divided
equally by the number of full-time equivalent (FTE) employees and such
amount shall be distributed to UNION -represented Employees in the form of a
one-time lump sum payment.
18.10 Contingent upon satisfaction of the following financial terms and conditions, the CITY
shall provide a COLA increase effective July 1, 2019 to base salaries for all Unit
classifications in the amount of two percent (2%) for the 2019-2020 fiscal year:
o Total major General Fund Revenues (Property Tax, Sales Tax and Transient Occupancy
Tax) meet or exceed the combined forecasted amount of $9,395,906 (matches 10 -year
forecast). This figure shall be based on current tax rates (currently 1% Property Tax, 1.0%
City Sales Tax, 10% TOT). In the event of increased tax rates, such increased rates would
not count towards increased revenue receipts for this purpose.
o The CalPERS investment rate of return (i.e. "Discount late") to take effect in FY 19-20
does not drop below the rates announced by CalPERS on December 21, 2016, causing the
CITY's contribution to CalPERS to increase more than $100,000 beyond the current
budgeted amounts for the General Fund.
o The CITY does not become responsible, during FYI S-19, for any state/federally imposed
unfunded mandates from any external source(s) that require significant unplanned/ un -
forecasted General Fund expenditure(s) of more than $300,000 in a fiscal year, including
significant natural disasters affecting the CITY. Any such expenditure(s), cumulatively
totaling $300,000 in a fiscal year or more, will be counted as a reduction in the combined
revenue amount discussed in this section on which the various conditions are based,
resulting either in a lower employee bonus or reduction in the intended COLA increase to
I% or 0%.
18.10.1 Contingencies in the event of a revenue shortfall for FY 201$-19:
SEIU MOU 2017-20 Page 21
o If total major General Fund Revenues are less than $71,000 below the forecasted
amount (i.e. more than $9,322,906), then the COLA will be 2%, effective July 1,
2019.
o If total major General Fund Revenues are between $71,000 and $141,999 below the
forecasted amount (i.e. between $9,253,907 - $9,335,194), then the COLA will be 1%,
effective July 1, 2019.
o If total major General Fund Revenues are $142,000 or more below the forecasted
amount (i.e. less than $9,253,906), there will be no COLA effective July 1, 2019.
18.10.2 Timing of July 1, 2019 COLA, if any:
o If the CITY determines, based on revenues received as of June 1, 2019, that it is
reasonable to assume the combined receipts will meet or exceed the General Fund
revenue threshold, then the COLA adjustment will be effective as of July 1, 2019.
o If meeting the General Fund revenue threshold is not a reasonable assumption as of
June 1, 2019, then the parties agree to wait for actual receipts to be posted., which the
CITY anticipates will occur by the end of August. If the threshold is met at the time
actual receipts are received, the CITY agrees to implement the COLA retroactive to
July 1, 2019.
o In the event of a 0% COLA. in FY 2019120, the parties agree to retain the option to re-
open discussion regarding COLAs for FY 2019120.
18.10.3 Potential ane -Time Lump Sum Payment in the event of revenue surplus for
FY 2017118
o If the conditions described in Section 18.10 are satisfied, and total major
General Fund Revenues for FY 2018119 are above forecast, then in addition to
the 2% COLA, 20% of the amount above the forecast amount will be divided
equally by the number of full-time equivalent (FTE) employees and such
amount shall be distributed to UNION -represented Employees in the form of a
one-time lump sum payment.
18.11 The threshold amounts for the COLA contemplated in Section 18.9, potentially occurring
in the 2018-2019 fiscal year, will be based on the CITY's adopted 2017-2018 fiscal year
budget. The threshold amounts for the COLA contemplated in Section 18.10, potentially
occurring in the 2019-2020 fiscal year, will be based on the CITY's 10 -year budget
forecast presented to City Council on Feb 28, 2017. The threshold amounts referenced in
this Article 16 are based on the following calculations:
COLA Year AffectedTFY18-19 FY19-20
Combined Receipts Forecast I FY17-18 Budget I FYI 8-19 Forecast
SEIU MOU 2017-20 Page 22
Property Tax
2,944,306
3,034,754
Property Tax In -Lieu (VLFAA)
1,004,328
1,037,401
Subtotal Property Tax
3,948,634
4,072 155
Sales Tax (local & triple -flip)
1,777,564
1,745,439
Sales Tax (Prop 172 -Safety)
127,345
123,525
Subtotal Sales Tax
1,905,009
1,868,964
Transient Occupancy Tax
3,552,551
1454,787
Combined Total Threshold
$9,406,194
$9,395,906
18.12 The parties agree herewith to retain the option to re -open discussion of Sections 18.2 and
18.3 in this Article 18, with respect to additional certificate pay for those employee
classifications listed in Section 18.2 and 18.3.
1$.13 The parties agree herewith to retain the option to re -open discussion of salary equity
adjustments proposed by the UNION for the following personnel: Harbor Patrol Officer,
Harbor Patrol Supervisor, Harbor Business Coordinator, and Associate Civil Engineer.
ARTICLE 19 - SPECIAL PAY PRACTICES
19.1 Standby
19.1 .1 Standby duty is defined as that circumstance which requires an employee so
assigned to:
Be ready to respond immediately to a call for service,
Be readily available at all hours by telephone or other agreed upon communication
equipment; and
Refrain from activities which might impair his/her assigned duties upon call.
19.1.2 It is agreed that personnel, who are scheduled on a routine basis, for standby duty,
shall be compensated at the rate of forty-two ($42) per day for each day of
scheduled standby duty performed. This increase is effective upon the City
Council ratification of this MOU.
Effective upon City Council ratification of this MOU, standby pay rates for the
following, City recognized holidays, shall be compensated at the rate of sixty
dollars ($60.00) for UNION employees except Harbor Department:
New Year's Day
Martin Luther King, Jr.'s, Day
Lincoln's Birthday
President's Day
Memorial Day
Independence Day
SElU MOU 2017-20 Page 23
January 1
3`d Monday in January
February 121n
3rd Monday in February
Last Monday in May
July 4"'
3001
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day
lit Monday in September
November 11 "'
41h Thursday in November
Friday after Thanksgiving
December 25th
19.1.3 For Harbor Department employees (HPO Supervisor and Officers), standby rates
shall be compensated at the rate of sixty dollars ($60.00) for the agreed upon
holidays listed below, regardless of the City -recognized holiday schedule:
1) New Year's Eve
2) New Year's Day
3) Memorial Day Weekend Friday
4) Memorial Day Weekend Saturday
5) Independence Day
6) Labor Day Weekend Friday
7) Labor Day Weekend Saturday
8) Thanksgiving Day
9) Day after Thanksgiving
10) Christmas Eve
11) Christmas Day
19.2 Call Back
19.2.1 Call back is defined as that circumstance which requires an employee to
unexpectedly return to work after the employee has left work at the end of the
employee's work shift; except that an early call in of up to two (2) hours prior to
the scheduled start of a work shift shall not be counted as a call back.
19.2.2 CITY will guarantee a minimum of three (3) work hours credit (four and one half
(4112) hours compensation), for each employee called back for work, as defined
above.
19.2.3 Whenever an employee is called back to work, the CITY considers the employee
"on -duty" for three hours, even if employee returns home. No additional call-back
time pay is allowed during this period, if the employee is again called back.
However, if more than three hours have passed since the initial call-back, and the
employee is called back to work again, the employee may claim an additional three
work hours credit (four and one-half hours call-back compensation) under the
conditions set forth in 19.2.1 above.
19.2.4 Said employee shall receive either pay or compensatory time -off, pursuant to
Article 10 - Overtime Compensation, for the minimum or for all time actually
worked, whichever is greater.
SEIU MOU 2017-20 Page 24
19.2.5 Employees called back to work, pursuant to this section, shall be eligible for
mileage reimbursement when utilizing their personal vehicle.
19.3 Members of this UNIT who are required by their supervisor to attend meetings outside of
the normal work schedule shall be paid a minimum of three hours at time and one-half
without regard to hours actually worked during the work week. Meetings during regular
work hours shall be included in employees' regular rate of pay and not compensated
beyond that.
19.4 Class A Driver's License and Captain's License
Effective with the City Council ratification of this MOU, UNIT members, possessing a
Class A Driver's License, will receive $50 per month.
Effective with the City Council ratification of this MOLT, UNIT members in the Harbor
Department, possessing a Captain's License, will receive $50 per month.
19.5 Bilingual Pay (Spanish)
Effective with the City Council ratification of this MOU, up to three (3) UNIT members
may earn $75 per month for speaking Spanish, and $75 per month for writing in Spanish,
for a total possible of $150 per month.
A test is required; Human Resources, or designee, will administer the test.
UNIT employees have the option to re -open and discuss this section to add other
languages, if the need is demonstrated.
ARTICLE 20 - PROBATION
The probationary period for newly hired employees shall be 12 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 months of service.
ARTICLE 21 - GRIEVANCE PROCEDURE
21.1 Purpose of the Procedure
The primary purpose of this procedure shall be to provide a means whereby an employee,
without jeopardizing his/her employment, can express a personal grievance relating to
his/her wages, hours of work, and working conditions, and obtain a fair and equitable
disposition of his/her grievance.
SEIU MOU 2017-20 Page 25 ,p�
21.2 Definition of Informal Grievance
An informal grievance is defined as an oral (or email) concern by an employee expressed
to his/her supervisor with a request to informally discuss the grievance with the supervisor
and/or the department head.
21.3 Definition of Normal Grievance
A formal grievance shall be defined as any formal written complaint of an employee filed
with his/her immediate supervisor within thirty days of the action or inaction by the CITY
which constitutes the subject of the grievance relating to his/her wages, hours of work, and
working conditions. Such grievance shall not include performance evaluations or
reprimands. However, employees may provide a written rebuttal to a performance
evaluation or written reprimand that will be attached to the original document for
placement in the employee's file.
21.4 Informal Discussion with Supervisor
An employee shall first pursue all informal grievances with his/her supervisor and at any
time that the employee deems that the informal grievance is a formal grievance, the
employee may reduce it to a formal written grievance.
21.5 Formal Conference with Supervisor
If an employee does not obtain satisfaction of his/her informal grievance by means of an
informal discussion with his/her supervisor, or if employee is unable to communicate with
his/her supervisor, employee and/or his/her representative may, by written grievance,
request and shall be accorded a formal conference within ten days with the supervisor
and/or department head. The decision of the supervisor shall be reported to the employee
and/or his/her representative within five business days of the date the conference was held
with the supervisor.
21.6 Department Review
In the event the employee does not obtain satisfaction at any level of review by means of
informal or formal grievance and a formal conference with his/her supervisors, employee
and/or his/her representative may submit the grievance in writing to the supervisor or
department head. The procedure to be followed by the supervisor who receives a
grievance in writing shall be established by each department head for his/her department,
and shall include review of the grievance by the immediate supervisor and such
successively higher levels of management as may be determined by the department head.
A cumulative record of the decision and the reason for the decision at each level of review
shall be maintained. The ultimate decision shall be that of the department head. The
SEIU MOU 2017-20 Page 26 'p-
decision must be reported to the employee in writing within ten business days of the date
that the request for departmental review was submitted to the supervisor.
21.7 Mediation
If, within ten working days after receipt of the written decision of the Department Head
the employee is still dissatisfied, he/she may request the services of a mediator from the
State Mediation and Conciliation Service. CITY is not bound by the determination
and/or recommendations of said mediator.
21.5 Appeal to the City Manager
In the event the employee does not obtain satisfaction by means of the mediator, employee
and/or his/her representative shall submit the grievance in writing to the City Manager
within ten days after notification of the mediator's determination is given to the employee.
The City Manager may meet with the employee and/or his/her representative, the mediator
and the department head before making a decision; or may waive administrative review
and refer the grievance directly to a committee of the City Council appointed to hear
grievances. A copy of the City Manager's decision on the matter must be presented to the
employee within ten business days of the date the grievance was filed with the City
Manager.
21.4 Submission to a Committee of the City Council
In the event that the employee does not obtain satisfaction by means of the administrative
procedures outlined above, he/she may request a hearing by a committee of the City
Council. The hearing shall be held by the committee within fifteen business days of the
date of receipt of the request at the convenience of all parties, unless waived by mutual
consent of the employee and the department head. The hearing shall be informal. The
employee and/or his/her representative, the department head and/or the City Manager
shall appear before the committee to present the facts pertinent to the case. The 'burden
of proof shall rest with the employee. The committee shall limit its review of the
grievance to the subject matter contained in the previous steps of the grievance procedure
and shall make its decision within thirty days after the termination of the hearing unless
of the hearing unless a reasonable time extension is deemed necessary and all parties are
notified.
21.14 Time Limits
In case the time limits outlined above are not observed by the representative of the CITY,
the employee and/or his/her representative shall have the right to carry the grievance
directly to the next higher level of review.
SEIU MQU 2417-24 Page 27
21,11 Group Grievance Procedure
The recognized employee organizations may present a general grievance (affecting
several employees) in writing directly to the City Manager. Upon receipt of such
grievance, the City Manager shall establish a time for a hearing, at which time all
affected parties may appear before the City Manager to present facts pertinent to the
issue. The decision of the City Manager shall be presented to all parties concerned within
fifteen business days and, within five business days of receipt of the City Manager's
decision which is unacceptable, shall be appealable by the group to a committee of the
City Council for their findings and recommendations within thirty days thereafter, If
either party wishes to appeal, they may file an appeal with the City Council as a whole
within five business days of the final decision of the committee of the City Council.
ARTICLE 22 - NO STRIKE, NO LOCK -GUT
22.1 During the term of this MOU, the CITY will not lockout any employees nor will UNIT
employees or the UNION cause, authorize, advise or encourage any interruption of work
or any other concerted action. The term "interruption of work" shall mean any work
stoppage, "sick out," or strike (including economic, sympathy, and unfair labor practice
strikes) or any intentional slowdown of work. The term "other concerted action" includes
picketing or boycott activities by the UNION,
22.2 There shall be no refusal to work on, handle or produce any materials or equipment
because of a labor dispute.
22.3 Any employee engaging in any action prohibited by this Articic shall be subject to
immediate discharge or such other discipline as the CITY may assess. Such discharge or
discipline shall not be reviewable through the Grievance Procedure.
ARTICLE 23 - FULL, UNDERSTANDING, MODIFICATION, WAIVER
23.1 This MOU sets forth the full and entire understanding of the parties regarding the matters
set forth herein, and any other prior or existing understanding or agreements by the
parties, whether formal or informal, regarding any such matters are hereby superseded or
terminated in their entirety.
23.2 It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its
right to negotiate, and agrees that the other party shall not be required to negotiate, with
respect to any matter covered herein. Notwithstanding the foregoing, it is agreed that
from time -to -time the CITY may introduce changes in its Personnel Rules and offer the
Union an opportunity to meet and confer prior to implementing changes within the scope
of bargaining.
SEIU MOLT 201720 Mage 28 IL
233 No agreement, alteration, understanding, variation, waiver, or modification of any of the
terms or provisions contained herein shall in any manner be binding upon the parties
hereto unless made and executed in writing by all parties hereto, and if required, approved
by the CITY and ratified by the membership of the UNION.
23.4 The waiver of any breach of any term, or condition of this MOU by either party shall not
constitute a precedent in the future enforcement of all its terms and provisions.
24.4 The City agrees to meet and confer regarding any change in job titles and descriptions of
represented employees.
ARTICLE 24 - SEVERABILITY
If any provision(s) are held to be contrary to law by a court of competent jurisdiction, such
provision(s) will not be deemed valid and subsisting except to the extent permitted by law, but all
other provisions will continue in full force and effect.
ARTICLE 25 – JOINT DRAFTING
Each party has cooperated in the drafting and preparation of this MOU. Hence, in any legal
construction or interpretation to be made of this MOU, the same shall not be construed against
any party.
ARTICLE 26 – CITY COUNCIL APPROVAL
The CITY's labor relations representatives and the UNION's representatives have met and
conferred in good faith on wages, hours and other terms and conditions of employment for the
UNIT members represented by the UNION and have reached agreements which are set forth in
this MOU. This MOU, when executed by the CITY's labor relations representatives and the
UNION's representatives, constitutes a joint recommendation therefrom, after ratification of the
UNION's membership, to be submitted to the City Council for its determination and approval by
resolution. This MOU is of no force or effect unless or until approved and adopted by a
resolution of the City Council.
SEIU LOCAL 620
lh*
Darryl Scheck, Field Representative
C�� -� �.b—i
Lori atilts, Shop Steward
ff&
Dustin Pittman, Team Member
SEIL1 MOU 2017-20 Page 29
CITY OF MORRO BAY
M i . L041" Interim City Manager
Colin Tanner, Negot'ator, Aleshire & Wynder
A"-- hj0't'-.J
Laurie G rth, Hum esources
2 3 No agr�!emen(, alteration, understanding, variation, waiver, or modification of any of the
tens or provisions contained herein shall in any manner be binding upon the parties
hereto unless made and executed in writing by all parties hereto, and if required, approved
by the CITY and ratified by the membership of the UNION.
23,4 The waiver of any breach of any term, or condition of this MOU by either party shall not
constitute a precedent in the future enforcement of all its terms and provisions.
24.4 The City aurees to meet and confer regarding any change in job titles and descriptions of
represented employees.
ARTICLE 24 - SEVERABILITY
If any provision(s) are held to be contrary to law by a court of competent jurisdiction. such
provision(s) N- ill not be deemed valid and subsisting except to the extent permitted by law. but all
other provisions will continue in full force and effect.
.ARTICLE 25 — JOINT DRAFTING
Each party has cooperated in the drafting and preparation of this NIOU. Hence. in any legal
construction or interpretation to be trade of this MOU, the same shall not be construed a`aainst
any party.
ARTICLE 26 — CITY COUNCIL APPROVAL
The CITY's labor relations representatives and the UNION's representatives have met and
conferred in good faith on Nva -es, hours and other terms and conditions of employment for the
UNIT members represented by the UNION and have reached agreements which are set forth in
this MOU. This MOU, v hen executed by the CITY's labor relations rePresentatives and the
UNION's representatives, constitutes a join- recommendation therefrom. after ratification of the
UNION's membership, to be submitted to the City Council for its determination and approval by
resolution. This MOU is of rio force oz effect unless or until approved and adopted by a
resolution of the City Council.
fiEIU LOCAL 620 CITY OF .NIORRO BAY
�r
Darrvl Scheck. Field Representative!! N,1 rti . LomelE. Interim City Manager
I.ori 4101ts, Shop Steward Colin Tanner, Ncgoflator, Aleshire & Wvnder
Dustin Pittman. Team Member i.Uzurie do'k. rth. Hum' esvunes
SL -IL MOU 2017-20 Pace 29
Dyl xuitt, Team Member
r
.-
SEIU MOU 2617-20 Page 30
p�-�So
ana Swanson, City Clerk
EXHIBIT A
CITY OF MOFRO BAY
FY 17118 SElU REPRESENTED CLASSIFICATIONS & SALARY SCHEDULES
TITLE
STEP
1
STEP
2
STEP
3
STEP
4
STEP
5
ACCOUNT CLERK I
37,720
39,606
41,586
43,665
45,848
WASTEWATER COLL SYS OPERATOR I
37,720
39,606
1 41,586
43,665
45,848
OFFICE ASSISTANT III
37,720
39,606
41,586
43,665
45,848
OFFICE ASSISTANT IV
40,781
42,820
44 961
47,209
49 569
ACCOUNT CLERK II
42,368
44,486
46,710
49,046
51,498
WASTEWATER COLL SYS OPERATOR II
42,368
44,486
46,710
49,046
51,498
CONS MAINTENANCE WORKER II
42,368
44,486
46,710
49,046
51,498
WATER SYSTEM OPERATOR I
42 368
44,486
46,710
49,046
51,498
WASTEWATER SYSTEMS OP-IN-TRNG
42,368
44,486
46,710
49,046
51,498
WASTEWATER TREATMENT OP-IN-TRNG
42,368
44,486
46,710
49,046
51,498
PERMIT TECHNICIAN
43,390
45,559
47,837
50,229
52,741
ACCOUNT CLK 111
45,377
47,646
50,028
52,529
55,156
WASTEWATER COLL SYS OPERATOR II1
45,377
47,646
50,028
52,529
55,156
CONS MAINTENANCE WORKER III
45,377
47,646
50,028
52,529
55,156
WASTEWATER SYSTEMS OP I
45,377
47,646
50,028
52,52-9,
55,156
WASTEWATER TREATMENT OP 1
45,377
47,646
50,0228
52,529
55,156
ADMINISTRATIVE TECHNICIAN
46,178
48,487
50,912
53,457
56,130
ADMINISTRATIVE UTILITIES TECH
46,178
48-14-87
0,912
53 457
56 130
PERMIT TECHNICIAN - CERTIFIED
46,178
48,487
50,912
53,457
56,130
SUPPORT SERVICES TECHNICIAN
46,178
48,487
50,912
53,457
56,130
MECHANIC
47,655
50,038
52,540
55,167
57,925
WATER SYSTEM OPERATOR II
50,478
53,002
55,652
58,434
61,356
WASTEWATER SYSTEMS OP II
50,078
53,002
55,652
58,434
61,356
WASTEWATER TREATMENT OP II
50,078
53,002
55 652
58,434
61,356
HARBOR PATROL OFFICER
52,650
55,283
58,047
60,949 1
63,997
SEIU MDU 2017-20 Page 31
WASTEWATER COLL SYS LEADWORKER
52,802
55,442
58,215
61,125
64,182
TITLE
STEP
1
STEP
2
STEP
3
STEP
4
STEP
5
CONS MAINTENANCE LEADWORKER
52,802
55,442
58,215
61 125
64 182
ENGINEERING TECHNICIAN III
52,802
55,442
58,215
61,125
64,182
WATER SYSTEM OPERATOR III
53,001
55,651
58,434
61,356
64,423
WASTEWATER SYSTEMS OP III
53,001
55 651
58,434
61,356
64,423
WASTEWATER TRTMT OP II/LAB
ANAL'Y'ST
53,001
55,651
58,434
61,356
64,423
RECREATION SUPERVISOR
53,977
56,676
59,510
62,486
65,610
.ASSISTANT PLANNER
54,314
57,030
59,881
62,875
66,419
ASSISTANT CIVIL ENGINEER
56,48
59,308
62,273
65,387
68,656
BUILDING INSPECTOR
56,484
59,308
62,273
65,387
68,656
ENGINEERING TECHNICIAN IV
56,484
59,308
62,273
65,3$7
68,656
WASTEWATER SYSTEMS LEADWORKER
56,484
59,308
62,273
65,387
68,656
WASTEWATER TREATMENT
LEADWORKER
56,484
59,305
62,273
65,387
65,656
HARBOR BUSINESS COORDINATOR
55,794
61,734
64,820
65,061
71,464
HOUSrNG PROGRAMS COORDINATOR
58,794
61,734
64,820
68,061
71,464
RECREATION COORDINATOR
58,794
61,734
64,820
68,061
71 464
HARBOR PATROL SUPERVISOR
62,017
65,118
68,374
71,792
75 382
ASSOCIATE CIVIL ENGINEER
63,211
66,372
69,691
73,175
76,834
ASSOCIATE PLANNER
63,211
66,372
69,691
73,175
76,834
BUILDING INSPECTORIPLANS EXAMINER
63,211
66,372
69,691
73,175
76,534
WASTEWATER COLL SYS SUPERVISOR
63,211
66,372
69,691
73,175
76,834
CONS MAINTENANCE FIELD SUPERVISOR
63,211
66,372
69,691
73,175
76,834
WATER SYSTEM SUPERVISOR
63,211
66,372
69,691
73,175
76,834
WASTEWATER TREATMENT SUPERVISOR
63,211
66,372
69,691
73,175
76,834
WATEWATER SYSTEMS SUPERVISOR
72,692
76,327
80,143
84,150
88,358
SEIU MOU 2017-20 Page 32