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HomeMy WebLinkAboutCC RESO 15,314RESOLUTION NO. 15,314 RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION WHEREAS, the City has met and conferred with representatives of the National City Municipal Employees' Association; and, WHEREAS, said meet and confer was conducted pursuant to California Government Code Section 3500, et seq. NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1. The City Manager is hereby authorized to enter into Memorandum of Understanding (MOU) between the City of National City and the National City Municipal Employees' Association for the period July 1, 1987 through June 30, 1989. SECTION 2. The City Manager is hereby directed to reflect the compensation plan as set forth in the subject MOU in the final budget for Fiscal Years 1987-88 and 1988-89. A copy of said Memorandum of Understanding shall be on file in the office of the City Clerk and reference is made thereto for all particulars contained therein. PASSED and ADOPTED this 26th day of May, 1987. ATTEST: Ione Campbell, City Clerk APPROVED AS TO FORM: George'H. Eiser, III - City Attorney eft George Iq Waters, Mayor MEMORANDUM OF UNDERSTANDING BETWEEN NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION AN D CITY OF NATIONAL CITY JULY 1, 1987 - JUN E 30, 1989 MEMORANDUM OF UN DERSTAN DING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION FOR THE FOLLOWING PERIOD OF TIME: July 1, 1987 - June 30, 1989 The representatives of the City Manager of the City of National City, acting for and on behalf of the City Council of the City of National City, have met and conferred with the representatives of the National City Municipal Employees' Association, an organization representing employees of the City of National City, in accordance with the provisions of Section 3500 et seq., of the Government Code of the State of California, and; As a result of meeting and conferring in good faith with said Group, agreement has been reached on the following terms and conditions of employment as applied to those employees who are members of and represented by the Association; and the Memorandum of Understanding concerning said agreed terms and conditions of employment has been approved by the City Council of the City of National City on May 26, 1987 by Resolution No. 15,314. For the City: City Manager EDWARD DONNELLY, 'eg sentative JIIf RUIZ, Represents RICHARD SCHULMAN Chief Spokesperson For the NCMEA: DANIEL McCADAM, President .///3 DALE POWEL , epresen ative GI ER SARMIEN TO, Representative F,' ' Y �'�' VATIUS, "representative Wyleeyr Luo ' a, Genal Manager SDCEA TABLE OF CON TENTS PAGE ARTICLE 1 IMPLEMENTATION 1 ARTICLE 2 HOLIDAYS 2 ARTICLE 3 LEAVE ELIGIBILITY AND PROCEDURE 4 ARTICLE 4 ANNUAL VACATION LEAVE 5 ARTICLE 5 MILITARY LEAVE 7 ARTICLE 6 MATERNITY/PATERNITY LEAVE 8 ARTICLE 7 COURT LEAVE 9 ARTICLE 8 SICK LEAVE WITH PAY 10 ARTICLE 9 SPECIAL LEAVE WITH PAY 15 ARTICLE 10 THE COMPENSATION PLAN 16 ARTICLE 11 "Y" RATE 18 ARTICLE 12 REVISION OF THE COMPENSATION PLAN 19 ARTICLE 13 OVERTIME - 20 ARTICLE 14 EDUCATIONAL EXPENSES REIMBURSEMENT 23 ARTICLE 15 LONGEVITY PAY 24 ARTICLE 16 EMPLOYEE HEALTH INSURANCE 25 ARTICLE 17 EMPLOYEE & DEPENDENT DENTAL INSURANCE 26 ARTICLE 18 EMPLOYEE LIFE INSURANCE 27 ARTICLE 19 DEPENDENTS MEDICAL INSURANCE 28 ARTICLE 20 PUBLIC EMPLOYEES RETIREMENT SYSTEM 29 ARTICLE 21 PROVISIONS OF LAW. 30 ARTICLE 22 EMPLOYEE RIGHTS 31 ARTICLE 23 SALARY AND SALARY SCHEDULE 32 ARTICLE 24 UNIFORM ALLOWANCE 35 ARTICLE 25 WORK DAY, WORKWEEK, PAY PERIOD AND PAYDAY 36 ARTICLE 26 STATE DISABILITY INSURANCE 37 ARTICLE 27 PAY DIFFERENTIALS 38 ARTICLE 28 MANAGEMENT RIGHTS 39 ARTICLE 29 OBLIGATION TO SUPPORT 40 ARTICLE 30 AGREEMENT, MODIFICATION, WAIVER 41 ARTICLE 31 DURATION OF MEMORANDUM OF UNDERSTANDING 42 ARTICLE 32 DEFINITIONS 43 ARTICLE 1 IMPLEMENTATION Section 1 It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until: A. The membership of the NCMEA has by a majority secret ballot vote approved and adopted this MOU. B. The City Council acts, by majority vote, formally to approve and adopt this MOU. C. The City Council shall upon approval and adoption of said MOU act to appropriate the necessary funds required to implement the provisions of this MOU which require funding. D. The City Council Shall act in a timely manner to make the necessary changes in ordinances, resolutions, rules, policies and procedures to implement and conform to this agreement. Section 2 The NCMEA represents the following Account Clerk Assistant Civil Engineer Assistant Park Supervisor _assistant Planner Assistant Tree Trimmer Associate Civil Engineer Associate Planner Building Inspector Building/Land Use Technician Building Trades Specialist Business License Inspector Civil Engineering Technician I Civil Engineering Technician II Clerk I Code Conformance Officer Communications Dispatcher Custodian Deputy City Clerk Equipment Maintenance Mechanic Equipment Maintenance Supervisor Equipment Operator I Equipment Operator II Facilities Maintenance Supervisor Fire Inspector Jr. Civil Engineer Librarian Library Assistant Library Technician employee classifications: Maintenance Carpenter Maintenance Electrician Maintenance Plumber Maintenance Worker Park Caretaker I Park Caretaker II Park Caretaker III Park Supervisor Plan Checker I Plan Checker II - Police Records Manager • Police Services Officer Recreation Center Supervisor Recreation Supervisor Secretary Senior Account Clerk Senior Building Inspector Senior Construction Inspector Senior Engineering Aide Sewer Crew Chief Stock Clerk/Store .Keeper Street Maintenance Supervisor Street Sweeper Operator Supervising Custodian Traffic Devices Technician Tree Trimmer Typist Clerk II And any other new employee classification that may be added by the CITY to this bargaining unit during the term of these articles. 1 ARTICLE 2 HOLIDAYS Section 1 Eligible employees in this bargaining unit are entitled, without loss- of pay, to the holidays listed below: A. The following days shall be holidays with pay: 1. New Year's Day 2. Martin Luther King Jr.'s Birthday Observance - Third Monday in January 3. Lincoln's Birthday - February Twelfth 4. Washington's Birthday Observance - Third Monday in February 5. Memorial Day - Fourth Monday in May 6. Independence Day - July Fourth 7. Labor Day - First Monday in September 8. Admission Day - September Ninth 9. Columbus Day - Second Monday in October 10. Veteran's Day - November Eleventh 11. Thanksgiving Day - Fourth Thursday in November 12. Day after Thanksgiving 13. Christmas Day - December Twenty-fifth B. Of the above thirteen (13) holidays, the following six (6) will be considered as "Floating Holidays". 1. Martin Luther King Jr.'s Birthday Observance 2. Lincoln's Birthday 3. Washington's Birthday Observance 4. Admission Day 5. Columbus Day 6. Veteran's Day 2 ARTICLE 2 HOLIDAYS Section 2 The floating holidays shall be used by the employee at the employee's discretion subject to the approval of the department head or his/her designee as a holiday and shall be used within the fiscal year earned. Reasons for denial to observe a holiday on the date requested by the employee shall be in writing and can only be related in the judgement of the department head to the efficient functioning of the department. If the department head certifies that it was not possible to grant the time off during the fiscal year due to unforeseen or extreme workload problems, then unused holiday credits will be added to the employee's vacation accumulation. Floating holidays may be used earlier in the fiscal year than their occurrence. New employees shall not receive credit for holidays which occurred prior to their starting date. Separating employees who have received paid time off for holidays which have not occurred as of the date of their separation are required to repay the City for such floating holidays for which they have been paid. Section 3 Appointed and Religious Holidays Every day appointed by the President of the United States or by the Governor of California for a public fast, thanksgiving or holiday, with the exception of Good Friday, shall be honored as an additional holiday. Employees may request time off to attend religious services or other religious activities on Good Friday or on other recognized religious holidays during the year; such time off shall be charged to the employees annually accumulated leave or compensating time off. If the employee has no accumulated annual leave or compensating time off, such time off shall be without pay. Section 4 Holidays Occurring on Normal Work Day, During Sick Leave or Annual Leave or on a Weekend In the event an employee is required to work on a non -floating holiday, which holiday falls on the employee's regular day off, hourly compensation shall be based on the overtime rate in addition to being granted eight hours of floating holiday time. If a non -floating holiday falls on the employee's regular day off and the employee is not required to work, such employee shall be granted a floating holiday. When an employee is absent on annual leave, sick leave or compensating time off, a holiday immediately preceding, immediately following, or wholly within such leave period shall be recorded as a holiday and not as a day of leave. If a holiday falls on Saturday, the preceding Friday will be observed as a holiday. If the holiday falls on Sunday, the next following Monday will be observed as a holiday. In the event that an employee is required to work on a non -floating holiday as part of his/her normal work schedule, .in addition to being paid for the holiday the employee shall receive overtime compensation consistent with Article 13 of these articles. ARTICLE 3 LEAVE ELIGIBILITY AND PROCEDURE Section 1 Leave Categories Consistent with the provisions of these articles, employees in the competitive service shall be entitled to holidays and annual vacation and shall be allowed sick, injury, emergency, and special leaves of absence. Permanent part-time employees in the competitive service shall be entitled to all holidays, annual vacation, sick or emergency leave and special leaves of absence as granted to full-time employees on a pro rata basis within the same number of months. Section 2 Requests for Leave All requests for leaves of absence, whether with or without pay, shall be submitted in writing on prescribed forms, and, except as provided in the case of Compulsory Leave, Court Leave, and Special Meetings, must meet the approval of the department head. Section 3 Leave Approval Except in the case of sick, emergency, or military leave, the scheduling of absences is subject to the approval of the department head or his/her designee. It is the obligation of the employee to request and receive prior approval for all other leaves. Under unusual circumstances,..the department head has the discretion to waive the requirement for prior approval. Section 4 Leave of Absence - Commencement and Termination Each leave of absence shall be granted for a specific period of time and a specific cause, and if such cause shall cease to exist prior to the expiration of the period for which the leave is granted, such leave shall thereafter be invalid. Section 5 Leave of Absence - Failure to Report Leaves of absence shall be indicated on the payroll time sheets submitted to the Director of Finance for checking and certification. Failure of an employee to report at the expiration of leave shall separate the employee from City service and shall be considered, in effect, a resignation; provided, however, the City may cancel such separation if circumstances warrant such cancellation (as determined by the City Manager or his designee). Section 6 Leaves of absence must contain a time certain for termination of the leave and the reason for granting the leave. A copy of a written order granting a leave of absence must be filed with the department head and the Personnel Department. ARTICLE 4 ANNUAL VACATION LEAVE Section 1 All employees shall be entitled to annual vacation leave with pay. Section 2 Accrual Rates All 40-hour per week employees shall be governed by the following vacation accrual rates: 1 through 5 year's service 6 through 15 year's service 16+ year's service 6.67 hours per month 10.00 hours per month 13.33 hours per month Permanent part-time employees in the competitive service are entitled to accumulate vacation credits at a rate consistent with the provisions of Article 3, Section 1. Section 3 Scheduling of Vacation Vacation schedules shall be afranged by the department head with particular regard to the needs of the City and, as far as possible, with the wishes of the employee. 1. Vacation shall not be deemed authorized until the employee's eligibility is verified by the Personnel Officer. 2. If the requirements of the employee's services are such that the employee cannot take part or all of his annual vacation in a particular calendar year, such vacation shall be taken during the following calendar year. 3. An eligible employee may take earned vacation in any increment of one (1) hour or more with the consent of the department head and the approval of the City Manager. Section 4 Maximum Vacation Accumulation An employee may accumulate vacation to a maximum of two times the yearly earned vacation time plus any earned since the last anniversary date. ' Vacation leave is credited as earned and the amount of vacation leave accumulated shall not exceed two years earnings on the employee's anniversary date. Section 5 Holidays Falling Within Vacation Period Except in the case of terminal vacation leave, paid holidays immediately preceding, immediately following or wholly within the vacation period shall not be regarded as part of the vacation. 5 ARTICLE 4 ANNUAL VACATION LEAVE Section 6 Terminal Vacation Pay Upon termination of employment for any cause, an employee shall be entitled to pay in lieu for the number of accumulated vacation days credited to the employee's account under the provisions of this section. All vacation granted upon completion of an employee's last day of work shall be a lump sum payment termed "terminal vacation pay" at the employee's current rate of pay. ARTICLE 5 MILITARY LEAVE In addition to the leaves of absence provided in this article, City officers or employees who are also members of the armed services or militia or organized reserves of this State or Nation, shall be entitled to the leaves of absence and the employment rights and privileges provided by the Military and Veteran's Code of the State of California. (1) The term "Military service" as used herein shall signify service on active duty with any branch of service above mentioned as well as training or education under the supervision of the United States preliminary to induction into the military service. (2) The terms "active service" or "active duty" shall include the period during which such officer or employee while in military service is absent from duty on account of sickness, wounds, leave, or other lawful cause. (3) No employee serving under a permanent appointment in the Classified Service shall be subjected by any person directly or indirectly by reason of his absence on military leave to any loss or diminution of vacation, holiday, insurance, pension, retirement, or other privilege or benefit now offered or conferred by law, or be prejudiced by reason of such leave with reference to promotion, continuance in office or employment, re- appointment or're-employment. (4) When military leave is granted to an employee in the Classified Service pursuant to this section, the position held by such employee shall be filled temporarily only during the employee's absence, except in the event of the employee's death while on leave, and said employee shall be entitled to be restored to such position, or to a position of like seniority, status and pay, upon return from such leave, provided the employee is still mentally and physically qualified to perform the duties of such position, and provided said employee makes application for re- employment within ninety days after being relieved from such military service. (5) During absence on military leave, any employee in the Classified Service who has been employed continuously by the City for a period of not less than one year prior to the date upon which such absence begins, shall receive his regular salary for a period not to exceed thirty calendar days in any one fiscal year. All services of said employee in the recognized military service shall be counted as employment with the City. ARTICLE 6 MATERNITY/PATERNITY LEAVE Section 1 Maternity Leave A female employee is entitled to maternity leave without pay for childbirth for up to one hundred and five (105) calendar days. Upon conclusion of the approved leave, the employee is guaranteed the right to return to her previous position or one comparable with no loss of seniority or pay. Leaves of greater duration may be granted subject to administrative approval. With doctor's verification that additional time -off is required due to her pregnancy - related health conditions the employee is entitled to a minimum of 120 days of maternity leave. An employee may utilize earned sick leave, vacation, floating holidays and/or compensatory time leave in conjunction with maternity leave. Section 2 Paternity Leave A male employee is entitled to paternity leave for the purpose of assisting in the care of his newborn child and his wife. An employee may utilize earned vacation, compensatory time and/or floating holiday credits. In addition the employee may utilize Special Leave With Pay subject to the annual limit for family care in Article 9 of these articles. Additional leave without pay may be granted. 8 ARTICLE 7 COURT LEAVE An employee who is required by court order to serve as a juror, or as a witness who is not a party to a court action, shall be granted leave for such purpose upon presentation of proof of the period of said employee's required attendance to the department head and the Personnel Officer. The employee shall receive full pay for the time he serves on court duty, provided the money received as a juror or witness is deposited with the Finance Department for credit to the proper fund. Request for such leave shall be made upon leave of absence forms. Police Service Officers and Communications Dispatchers shall get a minimum of two hours pay, at a rate of time and one half, for each court appearance required by their work responsibilities on regularly scheduled time off. If the employee travels directly between the court and his residence then the employee shall be paid for the time that he is on duty and traveling to and from the court. If the employee reports to the Police Station, he is not entitled to travel time between the station and home; he would be entitled, however, to compensation for travel time between the station and the court. 9 ARTICLE 8 SICK LEAVE WITH PAY The intent of this article is to provide a continuity of full salary to those employees who are unable because of illness or injury to perform the duties of their positions or who would expose fellow workers or the public to contagious disease and are thereby forced to be absent from employment, and to provide necessary time off from work for required medical and dental care, subject to administrative regulations designed to prevent malingering or abuse of these privileges. Section 1 Sick Leave Definition Sick leave is the necessary absence from duty of an employee because of: (A) Illness, injury or exposure to a contagious disease suffered by an employee. (B) The serious disability of the employee while on a scheduled vacation. (C) The absence of an employee for authorized medical or dental care. Section 2 Sick Leave Accumulation (A) Each full-time permanent or probationary employee in this bargaining unit shall be egtitled to accumulate sick leave at a rate of eight (8) hours per month or major portion thereof. (A major portion consists of 87 hours or more on paid status.) Permanent part-time employees in the competitive service are entitled to accumulate sick leave at a rate consistent with the provisions of Article 3, Section 1. (B) Accumulated sick leave: Each permanent or probationary employee in this bargaining unit shall on July 1, 1979 be eligible to accumulate sick leave up to a maximum of 240 hours, (herein called "accumulative sick leave"). Sick leave accrual will be credited on the last day of each month up to the two hundred forty (240) hour maximum limitation. (C) Frozen sick leave balance: Employees hired on or before June 30, 1979 and who have an existing sick leave balance on June 30, 1979 will be "frozen" at their June 30, 1979 sick leave balance levels on July 1, 1979. (Herein called "frozen sick leave balance"). 10 Section 3 Sick Leave Usage (A) Employees shall first utilize accumulated sick leave pursuant to Section 1 herein. Frozen sick leave balance will only be authorized for use after accumulative sick leave credits are exhausted for those employees who have a frozen sick leave balance pursuant to Section 2 (C) herein. (B) Upon reaching the maximum accumulated sick leave (240 hours) sick leave accrual will begin after the employee's balance falls below 240 hours. Accrual will occur on the last day of the month in which the employees' balance falls below the 240 hour level. Said accrual will occur at the established rate as defined in Section 2(A). Section 4 Limitation on Time Chargeable to Sick Leave (A) No Person shall be entitled to sick leave with pay while absent from duty on account of any of the following causes: 1. Disability arising from any sickness or injury purposely self-inflicted or caused by any willful misconduct. 2. Sickness or disability sustained while on leave of absence other than his or her regular vacation. 3. No paid sick feave shall be granted in excess of the employee's sick leave credit. (B) Absence that is chargeable to sick leave in accordance with this article shall be charged in the amount not smaller than one hour for the first hour of absence; thereafter, in increments of not less than 15 minutes. Section 5 Sick Leave Compensation (A) In order to receive compensation while on sick leave, the employee shall notify: 1. The immediate supervisors or; 2. The department head or; 3. In the event of the unavailability of either, the senior department representative available. (B) Notification shall be made prior to or not later than -the beginning of the work day/shift in the employee's respective department. 11 (C) The department head may waive the above requirements if, in his opinion, an emergency or other exceptional circumstances so warrants. Computation of sick leave shall not include regular days off or holidays provided these are not in conflict with the established schedule within each department. Section 6 Physician's Statement Required (A) When absence is for more than three (3) consecutive working days, the department head shall require the employee to furnish a certificate or statement from a regular licensed and practicing physician, at the employee's own expense, whose license will be honored by the County Health Officer, indicating the nature and duration of the employee's incapacity, or other adequate evidence if the employee was not examined by a physician. The appointing authority may require evidence of incapacity in cases of short periods of absence. (B) The department head is responsible for sick leave during the first three days before the filing of a physician's certificate is required. This responsibility may be implemented by a visitation or any other reasonable method deemed necessary by the department head. Sick leave with pay shall be authorized by the department head subject to verification of ,the employee's eligibility by the Personnel Officer. Section 7 Separation from City Service All eligibility from sick leave with pay shall be cancelled upon separation of the employee from the City service, provided that if such separation is by lay-off his accumulated eligibility shall be restored to him in whole upon re-employment within twenty-four (24) months. Section 8 Illness During Vacation Leave An employee who becomes incapacitated for work due to his illness or injury for more than three consecutive calendar days while on paid vacation may substitute sick leave credits for vacation provided the Employee's request for sick leave substitution is accompanied by a doctor's statement or other satisfactory evidence. Section 9 Holidays During Sick Leave Paid holidays immediately preceding, immediately following,_ or wholly within the period for which sick leave is granted shall not be regarded as part of such period of sick leave. 12 Section 10 Sick Leave Payment Upon Retirement (A) An employee hired on or before June 30, 1979 shall, upon formal retirement from the City under the Public Employees Retirement System, be paid for each day of unused sick leave or fraction thereof which has accrued to his credit up to and including his last day of work but not to exceed 45 days or 360 hours. An employee hired on or after July 1, 1979 shall not be eligible for sick leave payment upon retirement. (B) For employees hired on or before June 30, 1979, sick leave payoff upon retirement shall be computed as follows: 1. Frozen sick leave balance upon date of retirement 2. Accumulative sick leave balances upon retirement 3. Sick leave payoff 4. However, in no event shall the payoff exceed 360 hours (45 days) or the frozen sick leave balance whichever is less. Section 11 Evidence of Cause of Absence In all cases of absence because of sickness or injury of the employee, or illness or death in the employee's family, the employee may be required to furnish to the appointing authority- satisfactory evidence substantiating the facts justifying such leave. Failure to furnish such evidence upon request shall be sufficient reason for denying the leave of absence with pay. Section 12 Sick Leave Incentive Pay (A) Employees using four (4) days of sick leave, or less, during the fiscal year may convert twenty-five percent (25%) of their remaining yearly sick leave to pay. Remaining yearly sick leave not converted to pay shall be carried over and credited as accumulative sick leave for use when needed. (B) Pay shall be computed on the following schedule and all computations shall be rounded to the nearest whole hour: Remaining Accumulative Sick Leave at End of Fiscal Year Pay Incentive.(25%) 40-Hour Workweek 12 days (96 hours) 11 days (88 hours) 10 days (80 hours) 9 days (72 hours) 8 days (64 hours) 7 days (56 hours or less) 13 40-Hour Workweek • 3 days (24 hours) 2 days, 6 hours (22 hrs) 2 days, 4 hours (20 hrs) 2 days, 2 hours (18 hrs) 2 days, (16 hours) 0 days (Example: Employee has 11 days, 5 hours remaining yearly sick leave; therefore, 93 hours x .25 = 23.25 hours = 23 hours of pay). (C) Paid sick leave hours shall be subtracted from the employee's accumulative yearly sick leave balance. The remaining sick leave hours shall be carried over and accumulated per section 2 (B). Example: Employee uses 4 days sick leave. He then receives pay for 25% of remaining days, or 2 days. The 2 days are subtracted from his remaining yearly sick leave and the other 6 days are added to the employee's total accumulative sick leave balance). (D) Payment will be made during the month of July each year. Pay will be computed based on the employee's salary step on June 30 of the preceding fiscal year. (E) Payment will be made to an employee hired during the fiscal year on a prorated basis provided he is on the payroll June 30. Permanent employees who retire during the fiscal year will be compensated on a prorated basis subject to their formal retirement date. Payment will not be made to an employee who terminates during the fiscal year. (F) Subject to the approval of his/her department head, the employee may elect to receive additional vacation credits in lieu of all or part of the sick leave incentive pay. This election must be indicated in writing and submitted `to the Personnel Office with department head's signature no later than July fifth of each year. This election may not be reversedat a later date. (G) In lieu of sick leave incentive pay or additional vacation credits, the employee may elect to retain sick leave credits for usage for paid long term disability leave. This election must be indicated in writing and submitted to the Personnel Office no later than July fifth of each year. This election may not be reversed at a later date. While on an approved long term disability leave, the employee would be paid his/her regular salary. Usage of long term disability leave shall be subject to all limitations on the usage of sick leave and the following additional limitations: 1. It may be utilized only when all other sick leave credits have been exhausted. 2. The employee provides doctor's written verification that he/she is disabled from performing the required duties of his/her position for a minimum of six working days. 3. The department head may require examination -at City expense by a doctor selected by City. Under no circumstances will an employee be paid for or be given any credits for unused long term disability leave. 14 ARTICLE 9 SPECIAL LEAVE WITH PAY Section 1 Intent The intent of this Article is to allow the limited use of sick leave credits by an employee who is confronted with serious illness or injury, in said employee's immediate family, or death in said employee's extended family. (1) An employee who is eligible for sick leave with pay may be granted special leave with pay by the department head, to be charged against the employee's sick leave eligibility. (2) The special leave is granted to enable the employee to care for immediate family members who are ill and require attendance or to enable the employee to discharge the customary obligations arising from a death in the extended family. Section 2 Special Leave Defined Special leave is defined as anything necessitating absence from duty of an employee because of serious illness or injury of a member of the immediate family requiring the attendance of the employee upon said family member until professional or other suitable attendance can be obtained or the absence from duty of an employee because of the death of a member of the employee's extended family. - Section 3 Limitation Special leave with pay granted pursuant to this article shall be limited to forty (40) hours maximum in one fiscal year. Per occurrence, the following limits shall apply: a. Forty (40) hours for family care b. Eight hours for memorial observance for members of extended family; Twenty-four (24) hours for members of immediate family and employee's grandparents, parents, siblings, and children not in immediate family. Special leave must be approved by the department head or his/her authorized designee. It is the responsibility of the employee to notify the department head or his/her authorized designee as soon as possible when usage of special leave is anticipated. 15 ARTICLE 10 THE COMPENSATION PLAN Section 1 Salary Advancement The Compensation Plan of the City of National City has the following characteristics: (1) Each salary range consists of five steps. (2) The increase from one step to the next step on each salary range is as indicated in the salary schedule. (3) Permanent part-time employees in the competitive service shall be eligible for step increases at the same time intervals as permanent full-time employees. Salary advancement for each employee shall not be automatic, but shall depend upon the increased value of an employee to the City, as reflected by the recommendations of the employee's supervisor and department head, and all other pertinent evidence. The success of the Compensation Plan depends upon incentives which will encourage employees to put forth increasing efforts as they advance through the salary steps of the salary range. Section 2 Salary Steps The steps of the salary range shall be interpreted and applied as follows. The second, third, fourth and fifth salary steps are incentive adjustments to encourage an employee to continue to improve his or her work. There shall be a five (5) percent differential between each of the five steps. 1. The first salary step is the minimum rate and will normally be the hiring rate. Appointment may be made to other than the normal entering salary step upon the recommendation of the department head and upon the approval of the City Manager, when it is decided that such action is in the best interests of the City. 2. The second salary step: Six (6) months of satisfactory service normally shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. 3. The third salary step: Twelve (12) months of satisfactory service at the second salary step normally shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. 16 ARTICLE 10 THE COMPENSATION PLAN (Continued) 4. The fourth salary step: Twelve months of satisfactory service at the third step normally shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. 5. The fifth salary step: Twelve (12) months of satisfactory service at the fourth step normally shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. All rates shown, and conditions set forth herein, are in full payment for services rendered and are intended to cover full payment for the number of hours now regularly worked in each class. Employees engaged for less than full time should be paid a proportionate part of these salaries, or by an hourly rate of pay that falls within these ranges. Each promotion shall carry with it a salary increase of at least 5% as long as such increase does not exceed the top step of the new classification. The provisions of this article are based upon the salary schedules adopted by the City. ,. Section 3 Performance Reports Notwithstanding any of the other provisions of this article, no employee shall be denied a step advancement consistent with normal practice whose last Performance Report had an overall rating of STAN DARD, ABOVE STAN DARD, or OUTSTAN DIN G. 17 ARTICLE 11 "Y" RATE Step "Y" of the salary range for any class is hereby defined as any rate of pay in excess of step "E" of the range for the class. Any employee shall be paid at Step "Y" solely under one of the following two conditions: (a) Upon the reduction of the maximum salary rate for a class, an employee having other than provisional status who immediately prior to such time was paid at a higher rate for such class than the new maximum rate shall in the absence of any contrary orders by the City Council for economy reasons, continue to be paid at the former rate. (b) Any employee who is reclassified from a class in which said employee has acquired permanent status to a class with a lower maximum rate of pay may at the discretion of the City Manager continue to receive the same rate of pay or may have said salary reduced. In the event of an increase in the salary rate applicable to a class, regardless of the method by which such increase is accomplished, any employee who immediately prior thereto has been paid at Step "Y" shall receive no increase unless the increased salary for employees at Step E for the class exceeds the salary already being paid to said employee in which case the employee shall be paid at Step E. 18 ARTICLE 12 REVISION OF THE COMPENSATION PLAN In the absence of any contrary orders by the City Council for reasons of economy, the following method shall be observed in determining the step at which each employee shall be paid beginning the effective date of a change of the maximum salary for said employees class of position: (a) If the maximum salary is raised, the step at which the employee will be paid shall not be affected thereby. (b) If the maximum salary is lowered, the employee shall be paid at the rate in the new range which is the same as the rate at which he was paid in the former range. If the maximum rate of the new range is lower than the employee's salary in the former range, the employee may, pursuant to Article 11, be paid at the "Y" rate. 19 ARTICLE 13 OVERTIME Section 1 Standard Overtime (a) The smallest unit of time credited as overtime shall be one quarter (1/4) hour. (b) Overtime worked that is less than one quarter hour shall be rounded off to the nearest quarter-hour each week. (c) Overtime credit must be for work specifically suffered, ordered, requested, or approved by the department head or a designated representative. (d) Compensation shall be granted for overtime worked. Overtime shall be defined as time worked after being on paid status forty (40) hours in a one week period commencing at 7:00 a.m. on Tuesday morning and ending at 7:00 a.m. the following Tuesday morning. Compensation for overtime shall be paid at a rate of one and one-half times the employee's regular salary or one and one-half hours for each hour of overtime worked. tn Section 2 Compensating Time Off (a) Consistent with the provisions of Section 1 above, employees shall be paid for overtime worked unless. by mutual agreement prior to the time that the overtime is worked the employee requests and the Department approves the employee receiving compensating time off in lieu of overtime pay. (b) Compensating time off credits may be accumulated to a maximum of forty (40) "converted hours". (c) Compensating time off credits must be used prior to the end of the second month after which they were earned. If not used, the employee will be paid for the overtime worked consistent with the provisions of Section 1 above. (d) An employee shall be allowed to use compensating time off in increments of one hour or more which may be taken in conjunction with vacation credits. Employees may not take compensating time off if the taking of the compensating time off, itself, causes the necessity for overtime for other employees. Time off -approval and scheduling shall be subject to the provisions of Article 3 of these articles. 20 Section 3 Standby Overtime - Street and Sewer Divisions (a) Street and sewer division employees in the following classifications are required to perform standby overtime: Equipment Operator I, Equipment Operator II, Maintenance Worker, and -Street Sweeper Operator. Individuals assigned standby overtime are required to be available after working hours where they can be reached by telephone. Individuals assigned standby have the responsibility of obtaining qualified relief in the event they cannot "standby". The relief must have the approval of: the Street Supervisor or Sewer Supervisor, where applicable. - (b) The following procedures shall apply to standby overtime: 1. Personnel going on vacation, floating holiday or any other absence from work of their own request during scheduled standby will be responsible for providing their own qualified relief. 2. Personnel incapacitated for scheduled standby, by sickness (or other absence not within their control) •will not be required to provide their own relief. 3. All standby personnel will be placed on the emergency standby list, initially alphabetical. 4. Standby week begins at 4:00 P.M. Tuesday and ends at 7:30 A.M. the following Tuesday. On normal weekdays, a standby day is from 4:00 P.M. to 7:30 A.M. the following day. On weekends a standby day is from 7:30 A.M. until 7:30 A.M. the following day. On observed holidays on which the Civic Center is closed, a standby day is from 7:30 A.M. until 7:30 A.M. the following day. (c) Standby Pay 1. For a normal work --day shift, pay shall be one and one-half (1 1/2) hours. 2. For a normal weekend shift (Saturday or Sunday), pay shall be two (2) hours. 3. For an observed holiday on which the Civic Center is closed, pay shall be two and one-half (2 1/2) hours. (d) Call -Back Standby Overtime 1. An emergency field response by personnel in -_a standby status shall constitute "call-back" overtime. It willbepaid for at the rate of one and one-half (1 1/2) times normal salary, with two hours being the minimum for any call back that requires return to the work site. 21 Section 4 Standby Overtime - Equipment Maintenance Division (a) Equipment Maintenance Division employees with the classification of Equipment Maintenance Mechanic are required to perform weekend or holiday standby overtime. Individuals on standby overtime are required to be available after regular working hours where they can be reached by phone to respond to requirements for emergency repairs. Individuals assigned standby have the responsibility of obtaining qualified relief in the event they cannot "standby". The relief must have the approval of the Equipment Maintenance Supervisor. (b) The following procedures shall apply to standby overtime - Equipment Maintenance Division: 1. Personnel going on vacation, floating holiday or any other absence from work of their own request during scheduled standby will be responsible for providing their own qualified relief. 2. Personnel incapacitated for scheduled standby, by sickness (or other absence not within their control) will not be required to provide their own relief. 3. All standby !personnel will be placed on the emergency standby list, initially alphabetical. 4. Standby for Equipment Maintenance Division personnel begins at 7:30 A.M. Saturday and ends at 7:30 A.M. Monday. 5. Holiday standby consists of required standby on a Friday or Monday holiday when the Civic Center is closed. No scheduled standby is required for holidays occurring on Tuesday, Wednesday or Thursday. (c) Standby Pay 1. For normal weekend standby, pay shall be two (2) hours per day at regular rate. 2. For an observed holiday on which the Civic Center is closed, standby pay shall be two and one-half (2 1/2) hours for that holiday. (d) Call -Back Standby Overtime 1. Any actual response for emergency repairs shall constitute "call- back" overtime to be paid at the rate of one and one-half (1 1/2) times normal pay. Two hours is the minimum for any call back that requires return to the work site. 22 ARTICLE 14 EDUCATIONAL EXPENSES REIMBURSEMENT The Educational Expenses Reimbursement Plan is available to employees who wish to improve their work performance through furthering their education. The plan provides up to $500 per fiscal year and is open to all employees who meet the following criteria: 1. Successful completion of probation. 2. A proposed course of instruction related to the employee's employment with the City. The City Manager or his designate has the final authority on determining whether a course is job related. Request must be submitted in writing on appropriate City form. 3. The reimbursement may be used to cover the costs of tuition and books at accredited institutions of higher learning or secondary schools. 4. The course must be passed with a grade of "C" or better. If taken on pass/fail basis, employee must pass course(s) taken. 5. The employee must show written documentation of the expenditures being claimed for reimbursement. 6. Reimbursement may be requested for fee -based continuing education programs to be attended on employee's own time. Reimbursement under this Plan will be made upon completion of the coursework as per part 2, above. 23 ARTICLE 15 LONGEVITY PAY • Section 1 In addition to other compensation paid for the services of employees, longevity pay shall be paid to employees of the CITY on the following basis: (a) After five years of continuous and uninterrupted service the sum of $10.00 per month; (b) After ten years of continuous and uninterrupted service the sum of $15.00 per month; (c) After fifteen years of continuous and uninterrupted service the sum of $20.00 per month; (d) After twenty years of continuous and uninterrupted service the sum of $25.00 per month; (e) After twenty-five years of continuous and uninterrupted service the sum of $30.00 per month, which shall be the maximum payable. Vacation, sick leave, Workers' Compensation leaves, comp time, suspensions with pay, floating holidays, and other approved CITY paid leaves of absence shall be continuous and uninterrupted time. All unpaid suspensions and approved leaves of thirty days or less shall be continuous and uninterrupted time; those of more than thirty days shall be continuous employment but interrupted. In the event an EMPLOYEE ceases to be employed by the City of National City for a reason other than military service or lay-off, all rights to longevity pay shall be forfeited and expired and if said employee is subsequently re-employed by the CITY, said EMPLOYEE shall not be entitled to any longevity pay by reason of any prior employment. 24 ARTICLE 16 EMPLOYEE HEALTH INSURANCE Section 1 Health Coverage As a benefit to all employees in this bargaining unit, the City will provide a group health insurance program. The benefits and limitations of the program are to be designed cooperatively by the Employees' Associations, City and program provider. The Employees' Associations and City agree to select and implement health insurance programs which meet the requirements of the Health Maintenance Act of 1973. The City will provide up to Ninety-three dollars and thirty-two cents ($93.32) per month, per full-time employee to provide this benefit. An amount will be paid by the City for each permanent part-time employee in the competitive service that is proportional to the permanent time base of his/her appointment (e.g., a half-time employee will receive half the amount of a full-time employee). In the event the cost of providing employee health insurance exceeds the established City contribution, the employee must pay the excess amount. 25 ARTICLE 17 EMPLOYEE AND DEPENDENT DENTAL INSURANCE As a benefit to all employees in this bargaining unit, the City will provide a group dental insurance plan. The program will be available for the employee and all dependents. The benefits and limitations of the Dental Insurance Program are to be designed cooperatively by the Employees Association and the insurance carrier. The City will provide up to $10.00 per month to cover each full-time employee's cost of insurance under this plan. An amount will be paid by the City of each permanent part-time employee in the competitive service that is proportional to the permanent time base of his/her appointment (e.g., a half-time employee will receive half the amount of a full-time employee). In the event the cost of providing Employee Dental Insurance exceeds the established City contribution, the employee must pay the excess amount. 26 ARTICLE 18 EMPLOYEE LIFE INSURANCE As a benefit to full-time employees in this bargaining unit, the City will provide a group life insurance program. The benefits and limitations of the program are to be designed cooperatively by the Employee Association and insurance carrier. The City will provide up to $5.00 per month, per full-time employee to provide this benefit. An amount will be paid by the City for each permanent part-time employee in the competitive service that is proportional to the permanent time base of his/her appointment (e.g., a half-time employee will receive half the amount of a full-time employee). In the event the cost of providing Employee Life Insurance exceeds the established City contribution, the employee must pay the excess amount. 27 ARTICLE 19 DEPENDENTS MEDICAL INSURANCE As a benefit to all employees in this bargaining unit, the City will provide a dependent group insurance program. The benefits and limitations of the Dependents Medical Insurance program will be designed cooperatively by the Employees' Associations, City and program provider.. Effective July 1, 1987, the City will provide up to Ninety -Two dollars and fifty cents ($92.50) per month, per full-time employee to provide this benefit. Effective July 1, 1988, the City will provide up to One -Hundred and Two dollars and fifty cents ($102.50) per month, per full-time employee to provide this benefit. An amount will be paid by the City for each permanent part-time employee in the competitive service that is proportional to the permanent time base of his/her appointment (e.g., a half-time employee will receive half the amount of a full-time employee). In the event the cost of providing the Dependent's Medical program exceeds the established City contribution, the employee must pay the excess amount. An employee may elect to receive an amount equivalent to the City's contribution as cash in lieu of Dependent's Medical program. 28 1 ARTICLE 20 PUBLIC EMPLOYEES RETIREMENT SYSTEM Consistent with the Government Code of the State of California, Employees are local miscellaneous members of the Public Employees Retirement System and are entitled to optional benefits as indicated in the July 16, 1983 amendment to the contract between the Board of Administration of PERS and the City Council. 29 ARTICLE 21 PROVISIONS OF LAW This MOU are subject to all future and current applicable federal or state laws and regulations. If any part of the provisions of this MOU is in conflict with such applicable provisions of federal or state laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part of provision shall be suspended and superseded by such applicable law or regulations, and the remainder of the MOU shall not be affected and the NCMEA shall have the right upon request to meet and confer concerning the practical effect of such conflicts on wages, hours or terms and conditions of employment. 30 ARTICLE 22 EMPLOYEE RIGHTS Each individual employee shall have the following rights which he may exercise in accordance with law, the National City Civil Service Rules and applicable laws, ordinances, and rule and regulations: - (A) The right to form, join, and participate in the activities of employee organizations of his own choosing for the purpose of representation on matters -of his employee relations with the City, or to refuse to join or participate in the activities of any employee organization. (B) The right to pay dues to such employees organization through regular payroll deduction. (C) The right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal on the part of his department head, his supervisor, other employees, or employee organizations, with respect to membership or non -membership in any employee organization or with respect to any lawful activity associated therewith which is within the scope of representation. (D) The right to represent himself individually in his employee relations with the City. (E) The right for MEA employee organization to use City facilities to hold scheduled meetings. Whenever a City employee desires to represent himself in consulting with City management during his regular hours of work, he shall first request and obtain from his department head permission to take time off to do so. 31 ARTICLE Section 1 23 SALARY AND SALARY SCHEDULE Salary Adjustments A. Effective July 1, 1987: B. Effective July 1, 1988:: Section 2 Salary Ranges Each classification shall continue CLASSIFICATION TITLE Account Clerk Assistant Assistant Assistant Assistant Associate Associate Civil Engineer Park Supervisor Planner Tree Trimmer Civil Engineer Planner Each Salary Range shall be increased by 4%. Each Salary Range shall be increased by 3%. to be on the Salary Range indicated below: RANGE 72 143 109 119 83 156 130 32 Building Inspector 123 Building/Land Use Technician 98 Building Trades Specialist 102 Business License Inspector 91 Civil Engineering Technician I 108 Civil Engineering Technician II 123 Clerk I 49 Code Conformance Officer 123 Com munications Dispatcher 89 Custodian 56 Deputy City Clerk 97 Equipment M aintenance M echanic 105 Equipment Maintenance Supervisor 125 Equipment Operator I 98 Equipment Operator II 110 Facilities Maintenance Supervisor 122 Fire Inspector 123 Jr. Civil Engineer 126 Librarian 111 Library Assistant 59 Library Technician 84 Maintenance Carpenter 102 Maintenance Electrician 102 Maintenance Plumber 102 Maintenance Worker 76 Park Caretaker I 74 Park Caretaker II 82 33 Park Caretaker III 92 Park Supervisor 122 Plan Checker I 98 Plan Checker II 137 Police Records Manager 120 Police Services Officer 73 Recreation Center Supervisor 95 Recreation Supervisor 112 Secretary 83 Senior Account Clerk 84 Senior Building Inspector 133 Senior Construction Inspector 133 Senior Engineering Aide 98 Sewer Crew Chief 112 Stock Clerk/Storekeeper 55 Street Maintenance Supervisor 122 Street Sweeper Operator 98 Supervising Custodian 67 Traffic Devices Technician 119 Tree Trimmer 93 Typist Clerk II 59 Section 3 City Contribution for Employees' Retirement Contribution A. Effective July 1, 1987: In addition to the employer's normal contribution for the retirement program, the City shall contribute four and one-half per cent (4.5%) of monthly salary earned in order to reduce employees' contributions for the cost of the retirement program. This four and one-half per cent is in addition to the employee's salary and is vested in the employee's name. B. Effective July 1, 1988: The City shall pay the full seven per cent (7%) employee share which shall be in addition to the employee's salary and vested in the employee's name. 34 ARTICLE 24 UNIFORM ALLOWANCE Section 1 The City will provide uniform allowance annually for the following employees who are required by their department head to purchase and maintain prescribed uniforms and equipment the only purpose of which is on-the-job usage: 1. Police Services Officer: $250.00 2. Communications Dispatcher: $150.00 Section 2 The Public Works Department will continue and Parks Department will commence the practice of paying part of the charges for uniforms and cleaning for those employees who elect to participate in the Uniform Rental Program consistent with departmental guidelines which will not be substantively changed from the present Public Works Department policy. 35 ARTICLE 25 WORK DAY, WORKWEEK, PAY PERIOD AND PAY DAY Section 1 Work Day Shall consist of an eight (8) hour period including two fifteen (15) minute rest periods. Either a 1/2 or 1 hour lunch break without pay shall be in addition to the eight hours just described. One rest period shall be at least one hour before the lunch break; the other at least one hour after and said rest periods should be approximately in the middle of the first half and last half of the shift. Under special circumstances employees may be assigned work shifts that are more or less than eight (8) hours per day. Section 2 Workweek Shall consist of seven (7) consecutive calendar days beginning on Tuesday at 7:00 a.m. with at least two (2) consecutive days off. Section 3 Pay Period Pay period shall consist of fourteen (14) calendar days commencing 07/01/86. Section 4 Pay Day Except in the case of unusual and compelling circumstances or an extreme emergency, pay day shall be every other Wednesday. If Wednesday is a non -floating holiday, it shall be the previous work day. 36 ARTICLE 26 STATE DISABILITY INSURANCE The employees shall continue to participate in the State Disability Insurance program through payroll deduction. Total costs of the program are paid by all employees in the bargaining unit through payroll deductions at the rates set by the State of California. Participation, costs, and benefits of the program are subject to the regulations and requirements of the State. 37 ARTICLE 27 PAY DIFFERENTIALS Section 1 Those employees who have successfully completed a Bilingual Performance Evaluation administered by the Personnel Department or provide other evidence acceptable to the Personnel Department of their competence, who are regularly required to use their bilingual skills in Spanish, Tagalog, or any other second language approved by the Personnel Director, shallreceive a pay differential of $20.00 per pay period. This differential would be subject to termination if due to change in assignment or position, the skill is no longer required by the City. Subject to the requirements of this subsection, payment of the bilingual differential shall be limited to a maximum of 25 employees at any given time. Section 2 Those employees classified as Secretary who are required to use shorthand in their job duties and have successfully completed a shorthand performance test administered by the Personnel Department or have other certification of their skill level approved by the Personnel Director shall receive a pay differential of $20.00 per pay period. This differential would be subject to termination if due to change in assignment or position this skill is no longer required by the City. - 38 ARTICLE 29 OBLIGATION TO SUPPORT Section 1 The parties agree that subsequent to the execution of this MOU and during the period of time said MOU is pending before the City Council for action, neither the N CMEA nor management, nor their authorized representatives, will appear before the City Council, or meet individually or privately with said members of the City Council, to advocate any amendment, deletion or addition to the terms and conditions of this MOU. It is further understood that this article shall not preclude the parties from appearing before the City Council to advocate or urge the adoption and approval of this MOU in its entirety. Section 2 During the term of this MOU, NCMEA, its officers, agents and members agree that they shall neither engage in, nor encourage, nor will any of its members or representatives take part in any strike, work stoppage, slowdown, sick -in, or other concerted action which adversely impacts the provision of governmental services including refusal to work. Section 3 During the term of. this MOU, if an employee participates in any manner in any strike, work stoppage, slowdown, sick -in, or other concerted action which adversely impacts the provision of governmental services including refusal to work or participates in any manner in any picketing or impediment to work in support of any strike, work stoppage, slowdown, sick -in, or other concerted action which adversely impacts the provision of governmental services including refusal to work or induces other employees of the CITY to engage in such activities, such employee shall be subject to any action or remedy legally available to the CITY. 40 C ARTICLE 30 AGREEMENT, MODIFICATION, WAIVER A. This memorandum sets forth the full and entire agreement of the parties regarding the matters set forth herein, and any prior or existing understanding or agreements over these matters between parties, whether formal or informal, are hereby superseded, or terminated in their entirety. B. 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 and affixed hereto by all parties and approved by the City Council. C. The waiver of any breach, term or condition of this memorandum by either party shall not constitute a precedent in the future enforcements of all of its terms and provisions. D. The provisions of this MOU shall not be revised during the term of this MOU without mutual written approval of the parties except as set out in Article 21 of this MOU. 41 ARTICLE 31 DURATION OF MEMORANDUM OF UNDERSTANDING This MOU is for a period ending June 30, 1989. 42 ARTICLE 32 DEFINITIONS Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this article shall govern the construction, meaning and application of words and phrases used in this document. ACTIVE SERVICE - Shall mean actual time worked, holidays with pay, leaves of absence with pay, leaves of absence without pay not to exceed 14 calendar days annually, and leaves of absence without pay not to exceed one year for which Workman's Compensation is paid. It shall also include Saturdays and Sundays, or other regular days off which are immediately preceded or immediately followed by other time worked. ADVANCEMENT - Shall mean a salary increase within a range of compensation provided for each position which is conditioned upon a given minimum term of meritorious service in the same position and which is made without examination. ANNIVERSARY DATE - Shall mean the date that the employee completes twelve calendar months of service. Under normal circumstances, when an employee receives a promotion to a new classification, the promotion date will become the new anniversary date for the employee. APPOIN TIN G AUTHORITY - Shall mean the City Council, the City Manager, and any other person or body to whom the power to appoint personnel to positions in the Classified Service may be delegated. CALENDAR YEAR - Shall mean a twelve month period beginning January 1 and ending December 31. CLASS - Shall mean a position or a group of positions sufficiently similar in respect to duties and responsibilities that the same title may reasonably and fairly be used to designate each position allocated to the class, that the same minimum qualifications may be required, and the same salary range may be made to apply with equity. CLASSIFIED SERVICE - Shall mean all positions in the competitive service of the City of National City which are subject to the provisions of the Civil Service Ordinance No. 1076 creating' the Civil Service System and the Rules of the Civil Service Commission. COMPENSATION - Shall mean any salary, wage, fee, allowance or other emolument paid to an employee for performing the duties and exercising the responsibilities of a position. 43 COMPENSATION PLAN - Shall mean the official schedule of pay approved by the City Council assigning one or more rates of pay to each class title. COMPENSATORY LEAVE - Shall mean time off from work in lieu of monetary payment for overtime worked. CONTINUOUS SERVICE - Shall mean employment in the City service uninterrupted by separation, and applied to the time a person has been employed on a permanent basis, or to the continuation of employment from temporary to a permanent appointment, without any break in service. DEMOTION - Shall mean the appointment of an employee holding a position in one class to a position in another class having a lower maximum salary rate, or to a lower step within the same class. DEPARTMENT - Shall mean an administrative branch including a group of employees under the immediate charge of a chief executive officer of a department of the City government, which latter officer shall be known as the department head. EMPLOYEE - Shall *mean a person who is legally an incumbent of a position in the Classified Service or who is on authorized leave of absence from such a position with the right to return to his position. Employee shall include OFFICER. EXTENDED FAMILY - In addition to the members of the immediate family, consists of grandparents, parents, siblings and children of employee and his/her spouse. IMMEDIATE FAMILY - Those relativesliving in the employee's household. INTERIM APPOINTMENT - Shall mean a short term appointment made from an eligible list. LAY-OFF - Shall mean the involuntary, nondisciplinary separation of an employee from a position resulting from lack of work, lack of funds, or abolishment of a position. LEAVE - Shall mean an approved type of absence from work as provided for by these Rules. PERMANENT EMPLOYEE - Shall mean an employee who has been appointed to a permanent position. A permanent employee may be serving a probationary period. PERMANENT PART-TIME EMPLOYEE - Shall mean any employee in the Classified Service whose appointment has or is expected to exceed twelve (12) consecutive calendar months and whose scheduled work time is less than the normally scheduled work week of forty (40) hours on a regular basis. 44 b PERMANENT POSITION - Shall mean a specific office or classification whether occupied or vacant, carrying responsibilities and calling for the performance of certain duties by one individual. This position shall be included in the Classified Service and may be either on a part time or full time basis. PERMANENT STATUS - Shall mean the satisfactory completion of one year of probationary service and continuing permanent appointment. PERSONNEL OFFICER - Shall mean the City Manager or the person appointed by the City Manager to act as Secretary to the Civil Service Commission, to administer the activities of the Personnel Department and to exercise general supervision over the employment policy of the City subject to the direction of the Commission. POSITION - Shall mean any specific office or classification whether occupied or vacant, carrying certain responsibilities and calling for the performance of certain duties by one individual, either on a full time basis or part time basis. PROBATIONARY PERIOD - Shall mean the working test period during which an employee Ps required to demonstrate his fitness by the actual performance of the duties and responsibilities of his position and during which time hemay be terminated without right of appeal to the Civil Service Commission. PROBATIONARY STATUS - Shall mean service in a permanent position prior to completion of the prescribed period of probationary service. PROBATIONER - Shall mean an employee in the Classified Service who is serving a probationary period. PROVISIONAL APPOINTMENT - Shall mean the temporary appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in the class in the absence of available eligibles; any non -permanent appointment, other than seasonal, part time or emergency appointment, which is not made from a re- employment list or an eligible list. SALARY RANGE - Shall mean one or more but commonly 5 specific pay rates having a percentage relationship to one another, assigned to a class of positions as the compensation for the class. 45 SALARY RATE - Shall mean a specific dollar amount, expressed as either an annual rate, a monthly rate, a semi-monthly rate, a bi-weekly rate, or an hourly rate, as shown in the compensation plan of the City. SALARY STEP - Shall mean the location of a salary rate within a salary range, as identified by a letter of the alphabet. TEMPORARY EMPLOYEE - Shall mean an employee appointed to a position of a 'non -permanent nature on a provisional basis. 46