HomeMy WebLinkAboutCC RESO 13,838RESOLUTION NO. 13,838
RESOLUTION APPROVING FISCAL YEAR 1982-83
COMPENSATION PLANS FOR EMPLOYEES
WHEREAS, the City has met and conferred with
representatives of the Municipal Employees Association and
the National City Firefighter's Local 2744 and,
WHEREAS, said meet and confer was conducted pursuant
to California Labor Code Section 3500, et. seq.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. Compensation plans for fiscal year
1982-83 are hereby approved as submitted by the City Manager,
to the City Council.
SECTION 2. The City Manager is hereby authorized
to enter into a Memorandum of Understanding between the City
of National City and the Municipal Employees Association
for the period July 1, 1982 through June 30, 1984.
SECTION 3. The City Manager is hereby authorized
to enter into a Memorandum of Understanding between the
City of National City and National City Firefighters'
Association, Local 2744 for the period July 1, 1982 through
June 30, 1984.
SECTION 4. Compensation Plans for Public
Employees, including all full-time and part-time non -
represented employees and members of the Executive and Mid -
Management groups as presented by the City Manager to the
City Council are hereby adopted.
SECTION 5. The City Manager is hereby directed
to reflect said compensation plans in the final budget for
fiscal year 1982-83.
A copy of said Memorandums 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 22nd day of June, 1982.
ATTEST:
/ITY CLERK
MEMORANDUM OF
UNDERSTANDING
National City Municipal Employees Association
City of National City
July 1, 1982 — June 30, 1984
MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND
OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN
THE CITY OF NATIONAL CITY AND THE NATIONAL CITY MUNICIPAL
EMPLOYEES' ASSOCIATION FOR A TWO-YEAR PERIOD OF TIME
(JULY 1, 1982 - JUNE 30, 1984)
WHEREAS, the representatives of the City Manager of the City of National
City, acting for an on behalf of the City Council of the City of
National City, have heretofore met and conferred with 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;
WHEREAS, 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 National City Municipal Employees' Association; and
said representatives of the City Manager and of the National City
Municipal Employees' Association do now jointly prepare a written
Memorandum of Understanding concerning said agreed terms and conditions
of employment for presentation to the City Council of the City of
National City for determination.
TOM G. MC CABE
City Manager
RONALD L. BALLARD
Assistant City Manager
BOB DARBY, President
National City
Municipal Employees' Association
BOB COTTER, Vice President
National City
Municipal Employees' Association
Ratified by City Council June 22, 1982
by Resolution No. 13,838.
TABLE OF CONTENTS Page
ARTICLE 1 IMPLEMENTATION 1
ARTICLE 2 HOLIDAYS 2
ARTICLE 3 LEAVE ELIGIBILITY AND PROCEDURE . . . . • 4
ARTICLE 4 ANNUAL VACATION LEAVE 5
ARTICLES MILITARY LEAVE 7
ARTICLE 6 MATERNITY LEAVE 8
ARTICLE 7 COURT LEAVE 9
ARTICLE 8 SICK LEAVE WITH PAY . . . . . . • 10
ARTICLE 9 SPECIAL LEAVE WITH PAY 16
ARTICLE 10 THE COMPENSATION PLAN 17
ARTICLE 11 "Y" RATE 19
ARTICLE 12 REVISION OF THE COMPENSATION PLAN 20
ARTICLE 13 OVERTIME 21
ARTICLE 14 TUITION REIMBURSEMENT 24
ARTICLE 15 LONGEVITY PAY . . . . . . . . . . . . . . 25
ARTICLE 16 EMPLOYEE HEALTH INSURANCE . . .. . . . 26
ARTICLE 17 EMPLOYEE AND DEPENDENT DENTAL INSURANCE . . . 27
ARTICLE 18 EMPLOYEE LIFE INSURANCE 28
ARTICLE 19 DEPENDENTS MEDICAL INSURANCE 29
ARTICLE 20 PUBLIC EMPLOYEES RETIREMENT SYSTEM .. 30
ARTICLE 21 AGREEMENT, MODIFICATION, WAIVER 31
ARTICLE 22 OBLIGATION TO SUPPORT 32
ARTICLE 23 PROVISIONS OF LAW 33
ARTICLE 24 MANAGEMENT RIGHTS 34
ARTICLE 25 EMPLOYEE RIGHTS 35
ARTICLE 26 SALARY AND SALARY SCHEDULE 36
ARTICLE 27 RE -OPENER TO MEMORANDUM OF UNDERSTANDING . 39
ARTICLE 28 DEFINITIONS 40
ARTICLE 1 IMPLEMENTATION
This Memorandum constitutes a mutual recommendation to be jointly
submitted to the City Council of National City. It is agreed that
this Memorandum shall not be binding upon the parties either in whole
or in part unless and until:
A. The City Council acts, by majority vote, formally to
approve and adopt said Memorandum.
B. The City Council shall upon approval and adoption of said
Memorandum act to appropriate the necessary funds required
to implement the provisions of this Memorandum which re-
quire funding.
C. The City Council shall act in a timely manner to make the
necessary changes in ordinances, resolutions, rules, poli-
cies and procedures to implement and conform to this
agreement.
1
ARTICLE 2 HOLIDAYS`
Section 1
Eligible employees covered by the
entitled, without loss' of pay, to
A.
B.
Memorandum of Understanding shall be
the holidays listed below:
The following days shall be holidays with full pay:
1. New Year's Day
2. Lincoln's Birthday
3. Washington's Birthday
4. Memorial Day
5. Independence Day
6. Labor Day
7. Admission Day
8. Columbus Day
9. Veteran's Day
10. Thanksgiving Day
11. Day after Thanksgiving
12. Christmas Day
Of the above twelve (12) holidays, the following
be considered as "Floating Holidays".
1. Lincoln's Birthday
2. Washington's Birthday
3. Admission Day
4. Columbus Day
5. Veteran's Day
five (5) will
The floating holidays shall be used by the employee at the employee's
direction, with the approval of the Department head, as a holiday and
shall be used within the fiscal year earned.
2
Section 2 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 3 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. 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 equivalent
compensatory time off as approved by the department head.
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.
3
ARTICLE 3 LEAVE ELIGIBILITY AND PROCEDURE
Section l Leave Categories
Eligible employees shall be entitled to holidays and annual vacation,
and shall be allowed sick, injury, emergency, and special leaves of
absence.
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 Appeal
Except in the case of sick, emergency, or military leave, the time
during which any leave of absence shall be taken by an employee shall
be designated by the department head, and the request for such leave,
signed by the employee and the department head, should be forwarded to
the Personnel Office at least one week.in advance of the beginning
date of the leave requested.
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 expirationof 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, a department head may cancel
such separation if circumstances warrant such cancellation (as
determined by the appointing authority)..
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. No post dated leave of any kind
may be granted to any employee in the classified service.
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ARTICLE 4 ANNUAL VACATION LEAVE
Section 1
All employees shall be entitled to annual vacation leave with pay
following the completion of one full year's probationary service with
the City.
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
Section 3 Maximum Vacation Accumulation
6.67 hours per month
10.00 hours per month
13.33 hours per month
Vacation schedules shall be arranged 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 four (4) hours or more with the consent of
the department head and the approval of the City Manager.
Section 4 Vacation Accumulation
An eligible employee may accumulate vacation to a maximum of two years
earned vacation time. 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.
Section 6 Terminal Vacation Pay
Upon termination of employment for any cause, an eligible employee who
has completed at least one year of active service 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. A11
vacation granted upon completion of an employee's last day of work
shall be a lump sum payment termed "terminal vacation pay".
6
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.
7
ARTICLE 6 MATERNITY LEAVE
An employee may utilized earned sick leave and/or vacation leave in
conjunction with maternity leave.
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.
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 unexpected 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 permanent or probationary employee covered by this
Memorandum of Understanding shall be entitled to
accumulate sick leave at a rate of right (8) hours per
month. New employees shall accumulate sick leave for the
first six (6) months of employment at the rate of sixteen
(16) hours per month or fraction thereof, then eight (8)
hours per month or fraction thereof thereafter in
accordance with the provisions of this Article.
(B) Accumulated sick leave: Each permanent or probationary
employee covered by this Memorandum 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 leave shall be granted in excess of
the employee's sick leave credit.
4. An employee may be granted sick leave with pay only
for injury, illness, or exposure to contagious
disease which incapacitates the employee for work.
(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 oh 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 representative available.
11
(B) Notification shall be made prior to or not later than the
beginning of the work day/shift in the employee's
respective department.
(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 may
restored to him in whole or in part by the Civil Service Commission
upon re-employment.
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.
12
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.
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
Plus 2. Accumulative sick leave balances upon retirement
Equals 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 Sick Leave reporting for Payroll Purposes
Reports of absences of employees must be made to the City Manager at
the same time the department head files his payroll report. The
department head who fails to report the absence of an employee from
duty and thus enables the employee to receive pay in excess of the
amount to which he is legally entitled shall be held liable for the
amount illegally paid.
Section 12 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.
13
Section 13 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 40-Hour Workweek
12 days (96 hours) 3 days (24 hours)
11 days (88 hours) 2 days, 6 hours (22 hrs)
10 days (80 hours) 2 days, 4 hours (20 hrs)
9 days (72 hours) 2 days, 2 hours (18 hrs)
8 days (64 hours) 2 days, (16 hours)
7 days (56 hours or less) 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 psis 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.
14
(F) New employees who have accumulated in excess of 96 hours (12
days) will be limited to a maximum of three days (24 hours)
incentive payoff pursuant to Sec. 13(B) herein regardless of
their total accumulation. This subsection is not intended to
limit the accrual of accumulative sick leave for first year
employees.
15
ARTICLE 9
Section 1
The intent
credits by
injury, or
(1)
(2)
SPECIAL LEAVE WITH PAY
Intent
of this Article is to allow the limited use of sick leave
an employee who is confronted with serious emergency illness,
death in said employee's immediate family.
An employee who is eligible for sick leave with pay may be
granted special emergency leave with pay by the appointing
authority, to be charged against the employee's sick leave
eligibility.
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 immediate
family.
Section 2 Special Leave Defined
Special leave is defined as anything that cannot be anticipated or
planned necessitating absence from duty of an employee because of
emergency illness of a member of the immediate family requiring the
attendance of the employee upon said family member until professional or
other attendance can be obtained or the absence from duty of an employee
because of the death of a member of the employee's immediate family.
Immediate family is defined as those relatives living in the employee's
household, parents of the employee, children and foster children of the
employee not living in the household and parents of the employee's spouse
in.the event of death.
Section 3 Limitation
Special leave with pay granted pursuant to this Article shall be limited
to twenty-four (24) hours per occurrence and to a maximum of twenty-four
(24) hours annually. Special leave must be approved by the department
head or his authorized designee.
16
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.
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.
Employees hired prior to July 1, 1981 require six (6) months
of satisfactory service to become eligible for consideration
for this salary advancement.
17
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.
Employees hired prior to July 1, 1981 require six (6) months
of satisfactory service to become eligible for consideration
for this salary advancement.
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 if recommended by the
department head and if approved by the City Manager.
Employees hired prior to July 1, 1981 require six (6) months
of satisfactory service to become eligible for consideration
for this salary advancement.
All rates shown, and conditions set fourth 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 and the procedure
covering the normal minimum hiring rate shall not necessarily apply.
The provisions of this article are based upon the salary schedules
adopted and contained within this memorandum..
18
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. An 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.
19
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.
20
ARTICLE 13 OVERTIME •
Section 1 Standard Overtime
(a) The smallest unit of time credited as overtime shall be one
quarter hour.
(b) Overtime worked that is less than one quarter hour shall be
disregarded and not accumulated.
(c) Overtime credit must be for work specifically ordered or
approved by the department head or a designated
representative.
(d) If compensating time off cannot be granted, within the
established workweek, paid compensation shall be granted in
lieu thereof at the rate of time -and -one-half the employee's
regular salary.
(e) A reasonable extension of shift or call-back to complete
unsatisfactory work will not be considered overtime and is,
therefore, not eligible for compensation. Supervisors are
granted the authority to determine the need to extend shifts
or order call-backs for purposes of completing such
unsatisfactory work.
Section 2 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, Sanitation Equipment Maintenance Worker, and Street
Sweeper Operator. Individuals assigned standby overtime are
required to be available at home 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.
21
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 (1)
hour.
2. For a normal weekend shift (Saturday or Sunday), pay
shall be one and one-half (1 1/2) hours. This pay
will include checking the sewage pumps as required
without additional compensation.
3. For an observed holiday on which the Civic Center is
closed, pay shall be two hours.
(d) Call -Back Standby Overtime
1. An emergency field response by personnel in a standby
status shall constitute "call-back" overtime. It will
be paid 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.
Section 3 Standby Overtime - Equipment Maintenance Division
(a) Equipment Maintenance Division employees with the
classification of Equipment Maintenance Mechanic and Light
Equipment Mechanic are required to perform weekend or holiday
standby overtime.
Individuals on standby overtime are required to be available
at home 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 th 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:
22
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.
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 one and
one-half (1 1/2) hours per day at regular rate.
2. For an observed holiday on which the Civic Center is
closed, standby pay shall be two (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.
23
ARTICLE 14 TUITION REIMBURSEMENT
The Tuition Reimbursement Plan is available to employees who wish to
improve their work performance through furthering their education. The
plan provides up to $250 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.
3. The reimbursement may be used to cover the costs of tuition
and books at accredited institutions of higher learning
beyond the secondary school level.
4. The course must be passed with a grade of "C" or better.
5. The employee must show written documentation of the
expenditures being claimed for reimbursement.
6. Tuition reimbursement is not to be confused with
City -sponsored training programs which are not compensable
under this program.
Reimbursement under this Plan will be made upon completion of the
coursework as per part 2, above.
24
ARTICLE 15 LONGEVITY: PAY
In addition to other compensation paid for the services of employees,
longevity pay shall be paid to employees of the City of National 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
scan 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.
-Vacations, sick leave, military leave and absence authorized by the City
Council of National City shall not be considered as interruption of
service.
In the event an employee ceases to be employed by 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.
25
ARTICLE 16 EMPLOYEE 'HEALTH INSURANCE
Section 1 Health Coverage
As a benefit tofull-time employees covered by this Memorandum of
Understanding, the City will provide a group health insurance program..
The benefits and limitations of the program are to be designed
cooperatively by the Employee Association and insurance carrier. The
Employee Association agrees to select and implement health insurance
programs which meet the requirements of the Health Maintenance Act of
1973. The City will provide up to $65.00 per month, per employee to
provide this benefit. In the event the cost of providing employee health
insurance exceeds the established City contribution, the employee must
pay the excess amount.
26
ARTICLE 17 EMPLOYEE'AND DEPENDENT DENTAL INSURANCE
As a benefit to all full time employees covered by this Memorandum of
Understanding, 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 $8.00 per month to cover the
employee's cost of insurance under this plan. In the event the cost of
providing Employee Dental Insurance exceeds the established City
contribution, the employee must pay the excess amount.
27
ARTICLE 18 EMPLOYEE LIFE INSURANCE
As a benefit to full time employees covered by this Memorandum of
Understanding, 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 $3.45 per month, per employee to provide this benefit. In the
event the cost of providing Employee Life Insurance exceeds the
established City contribution, the employee must pay the excess amount.
28
ARTICLE 19 DEPENDENTS MEDICAL INSURANCE
As a benefit to all full-time employees covered by this Memorandum of
Understanding, the City will provide a dependent group insurance plan.
The benefits and limitations of the Dependents Medical Insurance program
will be designed cooperatively by the Employees' Association, insurance
carrier and the City. The City will provide up to $30.00 per month, per
employee to provide this benefit. In the event the cost of providing
Dependent's Medical Insurance 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 Insurance.
29
r
ARTICLE 20 PUBLIC EMPLOYEES RETIREMENT SYSTEM
The employees of National City are members of the Public Employees
Retirement System with the following options as defined in the California
State Codes
TITLE CALIFORNIA GOVERNMENT CODE
One Half Continuance 21263, 21263.1
Lump Sum 21367.51
1957 Survivor Benefit 21365.5
1959 Survivor Benefit 21380 - 88
Prior Service Benefit 20805, 20930
Current Service Benefit 20804, 20930
Ordinary Disability Formula 1.8% 21297
Minimum Guarantee 21258.1
Basic Formula 1/50 21251.13
Credit for unused sick leave at
time of retirement 20862.8
30
ARTICLE 21 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.
31
ARTICLE 22 OBLIGATION TO SUPPORT
The parties agree that subsequent to the execution of this Memorandum and
during the period of time said Memorandum is pending before the City
Council for action, neither the employee organization 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 Memorandum. 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 Memorandum in its entirety.
32
ARTICLE 23 PROVISIONS OF LW
This Memorandum is subject to all future and current applicable federal or
state laws and regulations.
If any part of the provisions of this Memorandum 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 or provision shall be suspended and superseded by
such applicable law or regulations, and the remainder of the Memorandum
shall not be affected.
33
ARTICLE 24 MANAGEMENT RIGHTS
Except --and only to the extent —that specific provisions of this Agreement
expressly provide otherwise, it is hereby mutually agreed that the Public
Employer has and will continue to retain, regardless of the frequency of
exercise, rights to operate and manage its affairs in each and every
respect. The rights reserved to the sole discretion of the Public
Employer shall include, but not be limited to the right:
to determine the mission of its constituent departments,
commissions, boards; set standards of service; determine the
procedures and standards of selection for employment and
promotions; direct its employees; establish and enforce
reasonable dress and grooming standards; determine the methods
and means to relieve its employees from duty because of lack
of governmental operations; determine the methods, means and
personnel by which government operations are to be conducted;
to modify shift work time of a classification or position,
when such modification will aid the City in its delivery of
services to the public; determine the content and intent of
job classifications; approve or disapprove secondary
employment held by departmental employees;. determine methods
of financing; determine style and/or types of City —issued
wearing apparel, equipment or technology to be used; determine
and/or change the facilities, methods technology, means,
organizational structure and size and composition of the work
force and allocate and assign work by which the City
operations are to be conducted; determine and change the
number of locations, relocations and types of operations,
processes and materials to be used in carrying out all City
functions including, but not limited to the right to contract
for or subcontract any work or operations of the City; to
assign work to and schedule employees in accordance with
requirements as determined by the City and to establish and
change work schedules and assignments upon reasonable notice;
establish and modify productivity and performance programs and
standards; discharge, suspend, demote, reprimand, withhold
salary increases and benefits, or otherwise discipline
employees for cause; establish reasonable employee performance
standards including, but not limited to, quality, and quantity
standards; and to require compliance -therewith; take all
necessary actions to carry out its mission in emergencies;
furlough up to 20% of the budgeted positions covered by this
MOU; and exercise complete control and discretion over its
organization and the technology of performing its work.
Those inherent managerial functions, prerogatives, and policymak.ing
rights whether listed above or not which the Public Employer has not
expressly modified or restricted by a specific provision of this
Agreement shall be carried out in accordance with applicable Civil
Service Rules.
34
ARTICLE 25 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 rules and regulations:
(1) 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.
(2) 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 his membership or
non -membership in any employee organization or with
respect to any lawful activity associated therewith
which is within the scope of representation.
(3) The right to represent himself individually in his
employee relations with the City.
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.
35
ARTICLE 26 SALARY AND SALARY SCHEDULE
Section 1 Salary Adjustments
This Memorandum of Understanding provides for a one-year agreement
between the parties as follows:
Period Salary Adjustment
July 1, 1982 through „June 30, 1983 A salary increase of two
percent (2%) for each
classification represented
by the Association.
Section 2 Salaries
CLASSIFICATION TITLE RANGE
Account Clerk 72
Assistant Civil Engineer 143
Assistant Park Supervisor 109
Assistant Planner 119
Assistant Tree Trimmer 83
Associate Planner 130
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
Code Conformance Officer 123
Communications Dispatcher 82
Custodian 52
Equipment Maintenance Mechanic 105
Equipment Maintenance Supervisor 125
36
Equipment Operator I 98
Equipment Operator II 110
Facilities Maintenance Supervisor 122
Fire Inspector 120
Librarian 108
Library Clerk 50
Library Technician 84
Maintenance Carptenter 102
Maintenance Electrician 102
Maintenance Plumber 102
Maintenance Worker 76
Park Caretaker I 74
Park Caretaker II 82
Park Caretaker III 92
Park Supervisor 122
Personnel Clerk 83
Police Records Manager 120
Police Service Officer 67
Recreation Supervisor 109
Sanitation Equipment Maintenance Worker 92
Secretary 83
Senior Account Clerk 84
Senior Engineering Aide 98
Sewer Crew Chief 112
Street Maintenance Supervisor 122
Street Sweeper Operator 98
37
Supervising Custodian 67
Traffic Devices Technician 119
Tree Trimmer 93
Typist Clerk I 47
Typist Clerk II 57
38
ARTICLE 27 RE -OPENER .TO MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (hereafter known as "Agreement") shall
provide an interim period for reopening negotiations on the subjects of
Salaries and Salary Schedule (Article 26) and the benefits of Employees
Health Insurance (Article 16) and Dependents Medical Insurance (Article
19). Renegotiations on these articles shall be conducted at an
appropriate period of time prior to the fiscal year July 1, 1983 - June
30, 1984.
39
ARTICLE 28 DEFINITIONS
Unless the particular provision or the context otherwise requires, the
definitions and provisions contained in this article shall govern the
construction, meaning and applicable of words and phrases used in this
Memorandum of Understanding.
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 rage 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.
APPOINTING 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.
40
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.
IMMEDIATE FAMILY - Those relatives living in the employee's
household, parents of the employee, children or foster children
of the employee not living in the household and parents of the
employee's spouse in the event of death.
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 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.
41
This position shall be included in the Classified Service and
may 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 directionof
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 is required to demonstrate his fitness by the
actual performance of the duties and responsibilities of his
position and during which time he may 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 possess 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.
SALARY RATE - Shall mean a specific dollar cmuunt, 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.
42
TEMPORARY EMPLOYEE - Shall mean an employee appointed to a
position of a non -permanent nature on a provisional basis.
WORK DAY - Shall mean an eight (8) hour period.
43
MEMORANDUM OF
UNDERSTANDING
National City Firefighters' Association
and
City of National City, California
July 1, 1982 - June 30, 1984
MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS -AND
CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF NATIONAL CITY AND THE
FIREFIGHTERS' ASSOCIATION, IAFF Local 2744 FOR THE FOLLOWING PERIOD OF
TIME (JULY 1, 1982 — JUNE 30, 1984).
WHEREAS, the representatives of the City Manager of the City of
National City, acting for and on behalf of the City Council of
National City, have heretofore met and conferred with the
Firefighters' 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;
WHEREAS, 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 Firefighters' Association; and said
representatives prepare a written Memorandum of Understanding
concerning said agreed terms and conditions of employment for
presentation to the City Council of the City of National City for
determination.
Tbm.G. Mc Cabe,
City Manager
T(.1%2J0411
Ronald L.'Baliard,
Assistant City Manager
Ratified by City Council June'. 22, 1982
by Resolution No. 13,838
Phil L. Ewert
President, Firefighters'
Association IAFF Local 2744
Davigt2iet
Vice President, Firefighters'
Association IAFF Local 2744
TABLE OF CONTENTS Page
ARTICLE.1 IMPLEMENTATION 1
ARTICLE 2 WORK WEEK 2
ARTICLE 3 UNIFORM ALLOWANCE 3
ARTICLE 4 OUT -OF -CLASS PAY 4
ARTICLE 5 HOLIDAYS 5
ARTICLE 6 LEAVE ELIGIBILITY AND PROCEDURE 7
ARTICLE 7 ANNUAL VACATION LEAVE 8
ARTICLE 8 MILITARY LEAVE 10
ARTICLE 9 MATERNITY LEAVE 11
ARTICLE 10 COURT LEAVE 12
ARTICLE 11 SICK LEAVE WITH PAY 13
ARTICLE 12 SPECIAL LEAVE WITH PAY 19
ARTICLE 13 COMPENSATION PLAN 20
ARTICLE 14 "Y" RATE 22
ARTICLE 15 FIRE PREVENTION BUREAU PAY . . . 23
ARTICLE 16 REVISION OF THE COMPENSATION PLAN . . 24
ARTICLE 17 OVERTIME 25
ARTICLE 18 LONGEVITY PAY 26
ARTICLE 19 EMPLOYEE HEALTH INSURANCE .........27
ARTICLE 20 EMPLOYEE AND DEPENDENT DENTAL INSURANCE . . . .28
ARTICLE 21 EMPLOYEE LIFE INSURANCE 29
ARTICLE 22 DEPENDENTS MEDICAL INSURANCE 30
ARTICLE 23 PUBLIC EMPLOYEES' RETIREMENT SYSTEM . . . 31
ARTICLE 24 SALARIES 32
ARTICLE 25 CALL BACK 33
ARTICLE 26 SHIFT EXCHANGES 34
ARTICLE 27 TRAINING 35
ARTICLE 2$ MANNING 36
ARTICLE 29 LONG-TERM DISABILITY INSURANCE PROGRAM. . . . 37
ARTICLE 30 MANAGEMENT RIGHTS 38
ARTICLE 31 TERM OF PROVISIONS 39
!ARTICLE 32 DEFINITIONS 40
ARTICLE 1 IMPLEMENTATION
This Memorandum constitutes a mutual recommendation to be jointly
submitted to the City Council of National City. It is agreed that
this Memorandum shall not be binding upon the parties either in whole
or in part unless and until:
A. The City Council acts, by majority vote, formally to
approve and adopt said Memorandum.
B. The City Council acts to appropriate the necessary funds
required to implement the provisions of this Memorandum
which require funding.
C. The City Council acts in a timely manner to make the
necessary changes in ordinances, resolutions, rules,
policies and procedures to implement and conform to this
agreement.
1
ARTICLE 2 WORK WEEK •
The City agrees to cooperate with the Firefighter's Local 2744 to retain
the fifty-six (56) hour work week for Fire Suppression personnel, and
the forty (40) hour work week for Staff personnel. The City agrees to
meet and confer with the Firefighter's Local 2744 prior to making
adjustments to the twenty-four (24) hour duty shift.
(a) Fire Suppression - Fifty-six (56) hours shall constitute
the normal work week for personnel assigned to this
division. The normal shift length for personnel assigned
to this division shall be twenty-four (24) hours. The
normal platoon change shall occur at 0800 (8:00 a.m.)
daily.
(b) Fire Suppression/Forty Hour Assignment - Not more than
seven (7) positions from the classification of
Firefighter may be assigned to this unit. Individuals
assigned to this unit will work either five eight hour
days (start time between 0700 and 1000) or four ten hour
days (start time between 0630 and 0900). Such assignments
shall not normally exceed 12 months, except with the
consent of the assigned Firefighter, and approval of the
Chief.
(c) Fire Prevention - Forty (40) hours shall constitute the
normal work week for personnel assigned to this division.
The normal work day for personnel assigned to this
division shall be eight (8) hours, and begin at 0800 (8:00
a.m.) daily.
2
ARTICLE 3 UNIFORM ALLOWANCE
Safety equipment prescribed by OSHA or the City, including turnouts,
rubber boots, gloves, helmets, leather boots and pants, will be provided
by the City.
In addition, the City will provide $35.00 annually for each employee
covered by this agreement to be applied toward the purchase and
maintenance of the shirt, belt and utility jacket prescribed by the
Department. There will be no requirement to maintain a Class "A"
uniform.
All safety equipment prescribed by OSHA and the City provided pursuant to
this article will be considered property of the City and may not be worn
by the employee while off -duty except for travel to and from work.
ARTICLE 4 OUT -OF -CLASS PAY
This program will provide compensation at the salary range for the
classification to which an Out -of -Class assignment has been made. Payment
for Out -of -Class assignments will be made at the next higher step within
the established range and will provide a minimum of 5% salary increase for
each Out -of -Class shift worked. Eligibility requirements for an
Out -of -Class assignment are as follows:
"To be qualified for the acting position of Captain, a
person must be on the current departmental promotional
list for the position of Captain. In the event of an
expired promotional list for the position of Captain,
the men who were on the past promotional list for the
position of Captain will be qualified to work in the
position of Acting Captain."
"To be qualified for the acting position of Engineer,
a person must be on the current departmental
promotional list for the position of Engineer. In the
event of an expired promotional list for the position
of Engineer, the men who were on the past promotional
list for the position of Engineer will be qualified to
work in the position of Acting Engineer."
These requirements are not intended to limit the Chief from appointing
anyone to an acting capacity or position in extraordinary circumstances.
4
ARTICLE 5 HOLIDAYS
Section 1
As a fringe benefit, eligible employees assigned to the Fire Prevention
Bureau shall be entitled, without loss of pay, to the holidays listed
below:
A. The following days shall be holidays with full pay:
1. New Year's Day
2. Memorial Day
3. Independence Day
4. Labor Day
5. Thanksgiving Day
6. Day after Thanksgiving
7. Christmas
Section 2 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 3 Holidays Occurring On Normal Work Day, During Sick
Leave Or Annual Leave Or on a Weekend
In the event an employee in the Fire Prevention Bureau is required to work
on a holiday, which holiday falls on the employee's regular day off,
hourly compensation shall be based on the overtime rate. If a
holiday falls on the employee's regular day off and the employee is not
required to work, such employee shall be granted equivalent compensatory
time off as approved by the department head.
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.
6
ARTICLE 6 LEAVE ELIGIBILITY AND PROCEDURE
Section 1 Leave Categories
Eligible employees shall be entitled to holidays and annual vacation, and
shall be allowed sick, injury, emergency, and special leaves of absence.
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 appointing authority.
Section 3 Leave Approval
Except in the case of sick, emergency, or military leave, the time during
which any leave of absence shall be taken by an employee shall be
designated by the appointing authority, and the request for such leave,
signed by the employee and the appointing authority, should be forwarded
to the Personnel Office at least one week in advance of the beginning date
of the leave requested.
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, an appointing authority may cancel such separation if
circumstances warrant such cancellation (as determined by the appointing
authority).
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 appointing authority and the
Personnel Department. No post-dated leave of any kind may be granted to
any employee in the classified service.
7
ARTICLE 7 ANNUAL VACATION LEAVE
Section 1
All employees shall be entitled to annual vacation leave with pay
following the completion of one full year's probationary service with the
City.
Section 2 Accrual Rates
1, All Fire Officers working the 56 hour per week Fire Suppression
shift shall be governed by the following vacation accrual rates:
1 - 5 years service
6 - 15 years service
16+ years service
12 hours per month
16 hours per month
20 hours per month
2. All -Fire Officers working a forty (40) hour per week Fire
Suppression shift shall be governed by the following vacation
accrual rates:
1 - 5 years service
6 - 15 years service
16+ years service
3. All Fire Officers working the 40 hour
Bureau shift shall be governed by the
rates:
1 - 5 years service
6 - 15 years service
16+ years service
14.66 hours per month
18.00 hours per month
21.33 hours per month
per week Fire Prevention
following vacation accrual
Section 3 Conversion of Vacation Benefits
10.00 hours per month
13.33 hours per month
16.66 hours per month
When an Officer is transferred from one work schedule to another which
involves a reduction or increase in the number of hours worked per week,
the following method will be used to pro -rate vacation balances. Multiply
the number of hours per week of the new work schedule times the vacation
balance, then divide by the number of hours on the current work schedule.
This conversion procedure applies to personnel working either the 56 hour
suppression shift, the 40 hour suppression shift or the 40 hour
Preventional Bureau shift.
1. Example: If an employee in Fire Suppression with a 56 hour per week
schedule has a vacation balance of 200 hours and is transferred to
the Fire Prevention Bureau on a 40 hour per week schedule, his
vacation balance will be prorated as follows:
40 x 200 = 8,000 divided by 56 = 142.857 hours
8
2. Example: If an employee in the Fire Prevention Bureau with a 40
hour work week has a vacation balance of 142.857 and is transferred
to Fire Suppression with a 56 hour work week, his vacation will be
prorated as follows:
56 x 142.857 = 7,999.992 divided by 40 = 200 hours
Section 4 Vacation Accumulation
Vacation schedules shall be arranged 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
four (4) hours or more with the consent of the department head and
the approval of the City Manager.
Section 5 Maximum Vacation Accumulation
An eligible employee may accumulate vacation to a maximum of two years
earned vacation time. Vacation leave is credited as earned and the amount
of vacation leave accumulated shall not exceed 2 year's earnings on the
employee's anniversary date.
Section 6 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.
Section 7 Terminal Vacation Pay
Upon termination of employment for any cause, an eligible employee who has
completed at least one year of active service 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".
9
ARTICLE 8 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 Veterans' 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.
10
ARTICLE 9 MATERNITY LEAVE
Employees may utilize earned sick leave and vacation in conjunction with
the maternity leave.
11
ARTICLE 10 COURT LEAVE
An employee who is required by subpoena or 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 said
employee's required attendance to the appointing authority and the
Personnel Officer. The employee shall receive full pay for the time
served on court duty during scheduled working hours, provided the money
received as a juror or witness on regular duty days is deposited with the
Finance Department for credit to the proper fund. Employee's shall be
reimbursed from witness fees for all incidental expenses incurred,
including parking, pursuant to such appearance while on regular duty
days.
12
,ARTICLE 11 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 unexpected
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:
(1) Illness, injury or exposure to a contagious disease
suffered by an employee.
(2) The serious disability of the employee while on a
scheduled vacation.
(3)
The absence of an employee for authorized medical or
dental care.
Section 2 Sick Leave Earning and Accumulation
(1) Sworn members of the Fire Department working on a
twenty-four hour shift basis shall earn twelve (12)
hours of sick leave for each full month of employment.
(2) Fire employees working other than a twenty-four (24)
hour shift schedule shall earn sick leave at eight (8)
hours per full month of service.
Accumulated sick leave: Each permanent or probationary
employee covered by this Memorandum shall, on July 1,
1980, be eligible to accumulate sick leave up to a
maximum of 720 hours, (herein called "accumulative sick
leave"). Sick leave accrual will be credited on the
last day of each month up to the seven hundred twenty
(720) hour maximum limitation.
(3)
(4) Frozen sick leave balance: Employees hired on or
before June 30, 1980 and who have an existing sick
leave balance on June 30, 1980 in excess of 720 hours,
will be "frozen" at their June 30, 1980 sick leave
balance levels on July 1, 1980. (Herein called "frozen
sick leave balance"). Said frozen sick leave balance
will be maintained as a separate account.
Example:
13
Employee has 1020 hours of sick leave accrual on June
30, 1980. 'On July 1, 1980 it is distributed as
follows:
Accumulated Sick Leave Frozen Sick Leave Balance
Credit 720 Hours 300 Hours
(Maximum Accumulation)
(5) Upon reaching the maximum accumulated sick leave (720 hours),
accrual will resume after the employee's balance falls below
720 hours. Accrual will occur on the last day of the month in
which the employee's balance falls below the 720 hour level.
Said accrual will occur at the established rate as defined in
Section 2 (1) and (2).
Section 3 Sick Leave Usage
(1) 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 (4) herein.
(2) Employees using sick leave pursuant to this Article for
non -work related illness or injury which has a 30 consecutive
day duration shall, upon the 31st consecutive day of illness,
utilize provisions of Article 29 herein, Long -Term Disability
Insurance.
Section 4 Limitation on Time Chargeable to Sick Leave
(1) No person shall be entitled to sick leave with pay while absent
from duty on account of any of the -following causes:
(a) Disability arising from any sickness or injury
purposely self-inflicted or caused by any willful
misconduct.
(b) Sickness or disability sustained while on leave of
absence other than his or her regular vacation.
(c) No paid sick leave shall be granted in excess of the
employee's sick leave credit.
(d) An employee may be granted sick leave with pay only
for injury, illness, or exposure to contagious disease
which incapacitates the employee for work.
14
-.6,31.021450
(2) Absence that is chargeable to sick leave in accordance with
this Article shall be charged in an 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
(1) In order to receive compensation while on sick leave, the
employee shall notify:
(a) The immediate supervisors or;
(b) The department head or;
(c) In the event of the unavailability of either, the
senior representative available.
(2) Notification shall be made prior to or not later than the
beginning of the work day/shift in the employee's
respective department.
(3) The department head may waive the above requirements if, in
his opinion, an emergency or other exceptional
circumstances so warrants.
Section 6
(1)
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.
Physician's Statement Required
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.
(2) 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.
15
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 may be restored to
him in whole or in part by the Civil Service Commission upon
re-employment.
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 evidence satisfactory.
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.
Section 10 Sick Leave Payment Upon Retirement
An employee hired on or before June 30, 1980, 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 360 hours. An employee hired on or after July 1, 1980 shall
not be eligible for sick leave payment upon retirement.
For employees hired on or before June 30, 1980, 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.
Equals 3. Sick leave payoff.
4. However, in no event shall the payoff exceed 360 hours.
Section 11 Sick Leave Reporting for Payroll Purposes
Reports of absences of employees must be made to the City Manager at the
same time the department head files his payroll report. The department
head who fails to report the absence of an employee from duty and thus
enables the employee to receive pay in excess of the amount to which he
is legally entitled shall be held liable for the amount illegally paid.
16
Section 12 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 13 Sick Leave Incentive Pay
(a) 56 Hour Work Week
Sworn members of the Fire Department working on a
twenty-four hour shift basis using 48 hours of sick leave
or less 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
accumulated for use when needed.
Pay shall be computed based on the following schedule and
all computations shall be rounded to the nearest whole
hour:
REMAINING ACCUMULATIVE SICK
LEAVE AT END OF FISCAL YEAR
56 HOUR WORKWEEK
144 Hours
132 Hours
120 Hours
108 Hours
96 Hours
Less than 96 Hours
PAY INCENTIVE 25%
56 HOUR WORKWEEK
36 Hours
33 Hours
30 Hours
27 Hours
24 Hours
No Payoff
(Example:: Employee has 122 hours remaining yearly sick
leave; therefore, 122 hours x .25 = 30.5 hours = 31 hours
of Pay) .
(b) 40 Hour Work Week
Sworn members of the Fire Department working other than a
twenty-four (24) hour shift schedule earn sick leave at the
rate of eight (8) hours per full month of service.. Persons
in this work assignment, using thirty-two hours or less,
during the fiscal year, may convert twenty-five (25%)
percent of their remaining yearly sick leave to pay.
Remaining yearly sick leave not converted to pay shall be
carried over and accumulated for use when needed.
17
Pay shall be computed based on the following schedule, and
all computations shall be rounded to the nearest whole
hour:
REMAINING ACCUMULATIVE SICK
LEAVE AT END OF FISCAL YEAR
40 Hour Workweek
96 Hours
88 Hours
80 Hours
72 Hours
64 Hours
Less than 64 Hours
PAY INCENTIVE 25%
40 Hour Workweek
24
22
20
18
16
No
Hours
Hours
Hours
Hours
Hours
Payoff
(Example: Employee has 86 hours remaining yearly sick
leave, therefore, 86 hours x .25 = 21.5 = 22 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 (3) herein. (Example: 40 hour
week 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.
18
ARTICLE 12
Section 1
The intent
credits by
injury, or
(1)
SPECIAL LEAVE WITH PAY
Intent
of this Article is to allow the limited use of sick leave
an employee who is confronted with serious emergency illness,
death in said employee's immediate family.
An employee who is eligible for sick leave with pay may be
granted special emergency leave with pay by the appointing
authority, to be charged against the employee's sick leave
eligibility.
Section 2 Special Leave Defined
Special leave is defined as anything that cannot be anticipated or
planned necessitating absence from duty of an employee because of
emergency illness of a member of the immediate family requiring the
attendance of the employee upon said family member until professional or
other attendance can be obtained, or the absence from duty of an
employee because of the death of a member of the.employee's immediate
family. Immediate family is defined as those relatives living in the
employee's household, parents of employee, children of employee not
living in household, and parents of employee's spouse in the event of
death.
Section 3 Limitation
Special leave with pay granted pursuant to this Article shall be limited
to a maximum six (6) work days annually and three (3) days per
occurrence. Special leave may be granted only upon the approval of the
Fire Chief or his authorized designee.
19
ARTICLE 13
Section 1
COMPENSATION PLAN
Salary Advancement
The Compensation Plan of the City of National City has the following
characteristics:
(1) Each salary range consists of seven steps.
(2) The increase from one step to the next step on each salary
range is as indicated in the Salary Schedule.
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, fifth, sixth and seventh salary
steps are incentive adjustments to encourage an employee to continue to
improve his work:
(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. The first step of the salary range
will be 10% less than "A" step.
(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. The
second step of the salary range will be 5% less than "A"
step.
(3) The third salary step - "A" step: Six (6) 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.
20
(4) The fourth salary step - "B" step: Six (6) months of 6
satisfactory service at the third 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.
(5) The fifth salary step = "C" step: Six (6) months of
satisfactory service at the fourth step normally shall make
an employee eligible for consideration of this salary
advancement. This salary advancement shall be made only if
recommended by the department head and if approved by the
City Manager.
(6) The sixth salary step - "D" step: Six (6) months of
satisfactory service at the fifth step normally shall make
an employee eligible for consideration of this salary
advancement. This salary advancement shall be made only if
recommended by the department head and if approved by the
City Manager.
(7) The seventh salary step - "E" Step: Twelve (12) months of
satisfactory service at the sixth step normally shall make
an employee eligible for consideration of this salary
advancement. This salary advancement shall be made only if
recommended by the department head and if approved by the
City Manager. Persons employed or promoted prior to 7/1/82
shall require six (6) months of satisfactory service to be
eligible for consideration of this salary advancement.
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. Each promotion
shall carry with it a salary increase and the procedure covering the
normal minimum hiring rate shall not necessarily apply.
The provisions of this Article are based upon the salary schedules
adopted by the City Council.
21
Tao
ARTICLE 14 "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. An
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.
22
ARTICLE 15 FIRE PREVENTION BUREAU PAY
Those employees classified as:
1. Fire Fighter; or
2. Fire Engineer; or
3. Fire Captain
and assigned to the Fire Prevention Bureau, on a permanent basis„ shall
receive a five percent (5%) pay differential for the duration of said
assignment.
23
..1,nAzu
ARTICLE 16 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 14, be paid at the "Y" rate.
24
ARTICLE 17 OVERTIME
(1) The smallest unit of time credited as overtime shall be one
quarter hour.
(2) Overtime worked that is less than one quarter hour shall be
disregarded and not accumulated.
(3) Overtime credit must be for work specifically ordered or
approved by the appointing authority or a designated
representative.
(4) If compensatory time off cannot be granted, within the
established work period, paid compensation shall be granted
in lieu thereof at 1 1/2 times the employee's regular
salary rate.
(5) When an overtime position tomeet minimum manning standards
as provided in Article 28 herein is filled, it shall be a
person of equal rank, if possible.
25
ARTICLE 18 LONGEVITY PAY
In addition to other compensation paid for the services of employees,
longevity pay shall be paid to all officers and employees of the City of
National 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 sun of $25.00 per month;
(e) After twenty-five years of continuous and uninterrupted
service the sun of $30.00 per month„ which shall be the
maximum payable.
Vacations, sick leave, military leave and absence authorized by the City
Council of National City shall not be considered as interruption of
service.
In the event an officer or employee ceases to be employed by National
City for a reason other than military service or lay-off, all rights to
longevity pay shall be forfeited and expire, and if said officer or
employee is subsequently re-employed by the City, said employee or
officer shall not be entitled to any longevity pay by reason of any
prior employment.
26
ARTICLE 19 EMPLOYEE HEALTH INSURANCE
As a benefit to full time employees covered by this Memorandum of
Understanding, the City will provide a group health insurance program.
The benefits and limitations of the program are to be designed
cooperatively by the Employee Association, Insurance Carrier and the
City. The City will provide up to $55.00 per month, per employee to
provide this benefit. In the event the cost of providing employee
health insurance exceeds the established City contribution, the employee
must pay the excess amount.
In addition to the group health insurance program, the City will provide -
comprehensive prepaidmedical coverage (as provided by the Kaiser
Foundation Health Plan, Inc.). The City's contribution towards
providing this plan as an alternate to the base plan will not exceed
$55.00 per month per employee.
27
ARTICLE 20 EMPLOYEE AND DEPENDENT DENTAL INSURANCE
As a benefit to all full time employees covered by this Memorandum of
Understanding, the City will provide a group dental insurance plan.
This 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, Insurance Carrier,
and the City. The City will provide up to $5.19 per month, per
employee, to provide this benefit. Effective July 1, 1980, the City
Will provide up to $14.02 per month, per employee, to provide this
benefit. In the event the cost of providing Employee and Dependent
Dental Insurance exceeds the established City contribution, the employee
must pay the excess amount.
28
ARTICLE 21 EMPLOYEE LIFE INSURANCE
As a benefit to full time employees covered by this Memorandum of
Understanding, 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, Insurance Carrier and the
City. The City will provide up to $3.90 per month, per employee to
provide this benefit. In the event the cost of providing Employee Life
Insurance exceeds the established City contribution, the employee must
pay the excess amount.
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ARTICLE 22 DEPENDENTS. MEDICAL INSURANCE
As a benefit toall full time employees covered by this Memorandum of
Understanding, the City will provide a dependent group insurance plan.
These benefits and limitations of the Dependents Medical Insurance
program will be designed cooperatively by the Employees' Association,
Insurance Carrier, and the City. The City will provide up to $35.00 per
month, per employee to provide this benefit. In the event the cost of
providing Dependents Medical Insurance exceeds the established City
contribution, the employee must pay the excess amount. An employee may
select to receive an amount equivalent to the City's contribution in
cash in lieu of Dependent Insurance.
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ARTICLE 23 PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Section 1 The employees of National City are members of the Public Employees'
Retirement System with the following options as defined in the
California State Codes:
TITLE CALIFORNIA GOVERNMENT CODE
One Half Continuance 21263, 21263.1
Lump Sum 21367.51
1957 Survivor Benefit 21365.5
1959 Survivor Benefit 21380 - 88
Prior Service Benefit 20805, 20930
Current Service Benefit 20804, 20930
Ordinary Disability Formula 1.8% 21297
Minimum Guarantee 21258.1
Basic Formula 1/2 at 55 21252.1
Age 50 Early Retirement for
Safety Members 20952.5
Section 2
The City shall contribute the first four (4) percent of the employee's
retirement contribution to the Public Employee's Retirement System.
Example:
Firefighter E Step $1872.00/mo.
City additional contribution(4%) 74.88/mo.
Employee contribution Varies with age
of entry.
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ARTICLE 24 SALARIES
Section 1 Salary Adjustments
This Memorandum of Understanding provides for a one-year (7/1/82 -
6/30/83) salary agreement between the parties as follows:
RANGE
111
POSITION
Firefighter Class
40 hr wk
56 hr wk
semi-monthly
monthly
annual
116 Firefighter Class
40 hr wk
56 hr wk
semi-monthly
monthly
annual
121 Firefighter
40 hr wk
56
semi-monthly
monthly
annual
130 Fire Engineer
40 hr wk
56 hr wk
semi-monthly
monthly
annual
140 Fire Captain
40 hr wk
56 hr wk
semi-monthly
monthly
annual
SALARY SCHEDULE
FIRE DEPARTMENT
EFFECTIVE JULY 1, 1982
II
I
STEP A
8.15
5.82
706.00
1,412.00
16,944.00
8.54
6.10
740.00
1,480.00
17,760.00
8.97
6.40
777.00
1,554.00
18,648.00
9.77
6.98
846.50
1,693.00
20,316.00
10.73
7.66
929.50
1,859.00
22,308.00
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STEP B STEP C STEP D STEP E
9.38
6.70
813.00
1,626.00
19,512.00
10.23
7.31
887.00
1,774.00
21,288.00
11.26
8.04
976.00
1,952.00
23,424.00
9.83
7.02
852.00
1,704.00
20,448.00
10.71
7.65
928.50
1,857.00
22,284.00
10.30
7.36
893.00
1,786.00
21,432.00
11.23
8.02
973.00
1,946.00
23,352.00
11.80 12.37
8.43 8.84
1,023.00 1,072.00
2,046.00 2,144.00
24,552.00 25,728.00
10.30
7.71
936.00
1,872.00
22,464.00
11.78
8.41
1,020.50
2,041.00
24,492.00
12.96
9.26
1,123.50
2,247.00
26,964.00
ARTICLE 25 CALL BACK
All employees covered by the terms of the Agreement who are called back to
work from off -duty shall be paid for not less than two (2) hours at 1 1/2
times the basic rate of pay.
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ARTICLE 26 SHIFT EXCHANGES
The City agrees that employees shall have the right to exchange, subject to
prior approval of the Chief or his authorized designee, duty shifts when the
changes do not interfere with the operation of the Fire Department. The
Association agrees that shift exchanges shall in no way become subject to
overtime pay.
(1) The Chief's authorized designee may be one shift Captain
from the requesting individual and one shift Captain from
the receiving man involved in the shift exchange. The
Chief may change his designee at any time.
(2) Shift exchanges may be for a minimum of one hour to a
maximum of 24 hours for any one request.
(3) A man may work more than 24 hours straight and not more
than 48 hours at any one request, except by approval of the
Chief.
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ARTICLE 27 TRAINING
EMT Training — The City will determine if EMT1 certification is required for
all classifications covered by this agreement. If the EMT1 requirement is
maintained all training and recertification will be provided on City time
(during regularly scheduled work hours) with the exception of the eighteen to
twenty hours of clinical training required for the certificate. Clinical
training shall be accomplished on duty after 5:00 p.m, whenever possible.
In the event that EMT1 is not required by the City„ any requirement to
obtain or maintain EMT1 certification described in the class specifications
for Firefighter, Fire Engineer and Fire Captain will not be enforced.
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ARTICLE 28 MANNING
The City agrees to the following manning level during the term of the
Agreement:
Section 1
The City shall have not less than two three man engine companies on duty at
all times.
Section 2
Each three man engine company shall be manned in the following manner - one
rated Fire Captain, one rated Fire Engineer and one rated Firefighter.
Section.3
The City shall be obligated to man each required engine company with rated
personnel at all times. Circumstances in which non -rated personnel are used
shall be governed by Article 4 - Out -of -Class Pay. Inability to provide
rated personnel may be permitted in circumstances out of the Department's
control, such as lack of rated manpower due to employee initiated absences
which are unplanned such as sick leave, special leave, off -the -job incurred
injury, or other acts of God.
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ARTICLE 29 LONG-TERM DISABILITY INSURANCE PROGRAM
It is the intent of this Article to provide for sick leave coverage to
employees who are on sick leave for 30 consecutive days or more. It is
further the intent of this section to reduce City costs incurred when an
employee is placed in a temporary, non -work related illness, injury or
disability and, at the same time, provides a reasonable amount of support
and security for the employee.
(a) The City shall provide up to $14.20 per represented
employee per month for a Long-term Disability Insurance
Plan (LTD). Said plan to be developed and procured by the
Firefighters' Association. The City will make monthly
payment to either the Association or insurance carrier as
requested by the Association.
(b) The Long-term Disability Insurance Plan shall become
effective on the 31st consecutive day of employee's sick
leave. The employee's salary/wages will terminate on said
31st day of sick leave to be replaced by provisions and
benefits of the LTD insurance plan. The City will
continue to provide employee and dependent health, life,
and dental insurance coverage for the employee per
Articles 19, 20, 21, 22 during the period he/she is under
the LTD plan.
(c) Upon entering the 31st day of sick leave, the employee
shall be placed on leave -without -pay status.
(d) The total leave of absence without pay shall not exceed
360 calendar days each occurrence without written approval
of the Fire Chief and City Manager.
(e) Nothing contained in this Article shall restrain or
restrict the City from utilizing provisions of Article 11,
Sections 4, 5, 6, or 12.
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ARTICLE 30 MANAGEMENT 4RIGHTS
Except --and only to the extent —that specific provisions of this
Agreement expressly provide otherwise, it is hereby mutually agreed
that the City has and will continue to retain, regardless of the
frequency of exercise, rights to operate. and manage its affairs in each
and every respect. The rights reserved to the sole discretion of the
City shall include, but not be limited to the right:
to determine the mission of its constituent departments,
commissions, boards; set standards of service; determine the
procedures and standards of selection for employment and
promotions; direct its employees; establish and enforce dress
standards; determine the methods and means to relieve its
employees from duty because of lack of work or other legitimate
reasons; maintain the efficiency of governmental operations;
determine the methods, means and personnel by which government
operations are to be conducted; determine the content and
intent of job classifications; determine methods of financing;
determine style and/or types of City -issued wearing apparel,
equipment or technology to be used; determine and/or change the
facilities, methods technology, means, organizational structure
and size and composition of the work force and allocate and
assign work by which the City operations are to be conducted;
determine and change the number of locations, relocations and
types of operations, processes and materials to be used in
carrying out all City functions including the right to contract
for or subcontract any work or operations of the City; to
assign work to and schedule employees in accordance with
requirements as determined by the City and to establish and
change work schedules and assignments upon reasonable notice;
establish and modify productivity and performance programs and
standards; suspend, demote, reprimand, withhold salary
increases and benefits, or otherwise discipline employees for
legal cause; establish reasonable employee performance
standards including, but not limited to, quality, and quantity;
standards; and to require compliance therewith; take all
necessary actions to carry out its mission in emergencies; and
exercise control and discretion over its organization and the
technology of performing its work.
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•
ARTICLE 31 TERM OF PROVISIONS
Section 1
Except as provided in Section 2 hereof, the provisions of this M.O.U.
shall be effective and binding, subject to adoption by the City
Council, for the period of time July 1, 1982 to and including June 30,
1984.
Section 2
It is agreed that Articles 5,19,20,22,23,24 and 28 shall be effective
and binding, subject to adoption by the City Council for the period of
July 1, 1982 through June 30, 1983. Negotiations on these articles for
the period of July 1, 1983 through June 30, 1984 shall be conducted
during an appropriate period of time prior to July 1, 1983.
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ARTICLE 32 DEFINITIONS
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 of from work in lieu of monetary
payment for overtime worked.
CONTINUOUS SERVICE - Shall mean employment in the City service
uninterrupted by separation, and applies 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.
IMMEDIATE FAMILY - Except as provided in Article 12, Section 2, immediate
family shall include the husband, wife, mother and father of both husband
and wife, son, daughter, brother and sister of the employee, or any
relative by blood or marriage residing in the same 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 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.
40
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 is required to demonstrate his fitness by the actual performance
of the duties and responsibilities of his position and during which time he
may 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 be 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.
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.
WORK DAY - Shall mean an eight hour period as a normal work period.
WORK SHIFT - Shall mean a twenty-four (24) hour period as a normal work
period.
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