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Home My WebLink AboutContracts & Agreements_222-2003_CCv0001.pdf MEMORANDUM OF UNDERSTANDING Between THE CITY OF REDLANDS and THE SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION Representing the General Employees of the City of Redlands July 1, 2003 - June 30, 2004 MEMORANDUM OF UNDERSTANDING SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION Representing the GENERAL EMPLOYEES UNIT OF REDLANDS TABLE OF CONTENTS TITLE PAGE ARTICLE I TERM OF MEMORANDUM OF UNDERSTANDING ARTICLE 2 PREAMBLE 3 ARTICLE 3 RECOGNITION 3 ARTICLE 4 MANAGEMENT RIGHTS 3 SALARIES, RETIREMENT AND OTHER PAY ARTICLE 5 SALARIES 4 ARTICLE 6 RETIREMENT 4 ARTICLE 7 UNIFORM ALLOWANCE 4 ARTICLE 8 LONGEVITY PAY 5 ARTICLE 9 OVERTIME 5 ARTICLE 10 WORKING OUT OF CLASSIFICATION PAY 5 ARTICLE I I CALL BACK PAY 6 ARTICLE 12 STANDBY PAY 6 ARTICLE 13 MATRONPAY 7 ARTICLE 14 SHIFT DIFFERENTIAL 7 ARTICLE 15 SCHEDULED RECALL TO WORK 7 ARTICLE 16 TUITION REIMBURSEMENT 7 INSURANCE, LEAVE AND TIME OFF PROVISIONS ARTICLE 17 HEALTH INSURANCE 8 ARTICLE 18 DENTAL INSURANCE 8 ARTICLE 19 VISION CARE 8 ARTICLE 20 LIFE, INSURANCE 8 ARTICLE 21 WORKERS' COMPENSATION/S.D.I. 8 ARTICLE 22 VACATION 9 ARTICLE 23 SICK, LEAVE 9 ARTICLE 24 SERE Alf EMENTLEAVE 10 ARTICLE 25 LEAVE OF ABSENCE WITHOUT PAY to ARTICLE 26 MILITARY LEAVE I I ARTICLE 27 PERSONAL LEAVE I I ARTICLE 28 HOLIDAYS I I ARTICLE 29 COMPENSATORY TIME OFF 12 ARTICLE 30 TIME OFF FOR.ASSOCIATION IZEF).'IS 12 1 DISCIPLINE, GRIEVANCE, LAYOFF PROCEDURE ARTICLE 31 DISCIPLINARY PROCEDURES 12 ARTICLE 32 APPEAL. AND GRIEVANCE PROCEDURE 1 ARTICLE; 33 DEMOTION/NTON-DISCIPLINARY 15 ARTICLE 34 LAYOFF PROCEDURE 1 ARTICLE 35 INVESTIGATORY LNTERVIEW PROCEDURES 1 GENERAL PROVISIONS ARTICLE 36 COPY CSE M.O.U. TO EACH EMPLOYEE 1 ARTICLE 37 PERSONNEL RULES/SALARY RESO. DIST:. 16 ARTICLE 38 PERSONNEL FILE 16 ARTICLE '39 COMMUNICATIONS 17 ARTICLE 40 UNIT MODIFICATION 17 ARTICLE 41 PREVAILING BENEFITS 17' ARTICLE 43: MAINTENANCE OF MEMBERSHIP 17' ARTICLE 43 USE OF BULLETIN BOARDS 18 ARTICLE 44 DIRECT DEPOSIT 18 ARTICLE 45 LEAVE TIME REPORTING 18 ARTICLE 46 WORKWEEK/STANDARD DARD TCC 1R OF DEITY 18 ARTICLE 47 PROBATION 18 ARTICLE 48 ANNIVERSARY DATE 18 .ARTICLE 49 DRIVER'S LICENSE PHYSICAL EXAMS 18 ARTICLE 50 EMPLOYMENT EXAMINATION PROCEDURES 1 ` ARTICLE 51 EXTENSION OF M.O.U. 1 .ARTICLE 52 SAVINGS CLAUSE 1 :ARTICLE 53 NO STRIDE PROVISION 1 ARTICLE 54 MEAL.PERIODS 1 ARTICLE 55 REST PERIODS 1 ARTICLE 56 CATASTROPHIC LEAVE -)o ARTICLE 57 RIDESHARING 2 ARTICLE 58 BILINGUAL PAY 20 ARTICLE 59 PROMOTIONAL POSITIONS 20 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF REDLANDS AND THE GENERAL EMPLOYEES OF THE CITY OF REDLANDS Represented by: THE SAN BER NARDINO PUBLIC EMPLOYEES ASSOCIATION, INC. July 1, 2003 —June 30, 2004 ARTICLE I TERM OF MEMORANDUM OF UNDERSTANDING Except where expressly stated otherwise herein, the City and Association agree that the provisions of this Memorandum of Understanding (M.O.U.) shall become effective on July 1,.200') and shall expire on June 30, 2004. ARTICLE 2 PREAMBLE ft is the intent and purpose of this M.O.U. to set forth the understanding of the parties reached as a result of meeting and conferring in good faith regarding, but not limited to, matters relating to the wages, hours, mid terms and conditions of employment between the City of Redlands (hereinafter referred to as "City") and the General Employees Unit represented by the San Bernardino Public Employees Association (hereinafter referred to as "Association"). ARTICLE 3 RECOGNITION The classifications which shall be included in the General Employees unit of representation are listed in Appendix A. ARTICLE 4 MANAGEMENT RIGHTS The authority of the City includes the exclusive right to deten-nine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees-, take disciplinary action; relieve its einployees tionn duty because of lack of work or for other legitimate reasons', maintain the efficiency of work.; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classif icallons, take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work, , provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from meeting and conferring over the practical consequences that decisions on these matters may have on, wages, hours and other terms and conditions of employment. 3 SALARIES, RETIREMENT AND 0-1-IJER PAY ARTICLE 5 SALARIES" Effective the first pay period after July d, 2003, salaries shall move two percent (2%), closer to the current median of the surveyed cities for all unit classifications that are below the median. However, in no case shall any position be moved above the median for their classification. During the term of this Memorandum of Understanding, the General Unit shall maintain economic parity with any other non-Safety bargaining units in the City of Redlands. ARTICLE TICLE 6 RETIREMENT The City shall continue to pay to the PublicEmployees' Retirement System on behalf of each employee covered by this agreement an amount equal to the required employee contribution to that system provided the contribution will not exceed a total of seven percent (7%) of regular compensation. These contributions shall, at the time o termination, belong to the employee. The City shall continue to include in its contract with PERS, the following provisions: HIGHEST SINGLE YEAR SURVIVOR CONTINUANCE 2% rr, 55 RETIREMENT FORMULA The City shall order and pay the costs associated with an actuarial front PERS on the 2.7% ' 55 formula and the 3% @ 60 fore-mil . ARTICLE 7 UNIFORM ALLOWANCE The City will provide a two hundred twenty-five dollars ($225) uniform allowance in the; form of a credit at the City's central steges for the purchase of uniforms to include;-shirts, pants, boots,jackets, caps and patches. uniforms will be ordered during Julys and January only, except in the case of new employees Pees and emergency situations. It is a requirement that employees wear the designates) uniform to work, daily, The uniform is to be presentable: Cleaning and mainten mce of unifo s shall be the responsibility of tile employee. Wastewater and Equipment Maintenance permanent employees will be provided uniform rental and laundering services; at City expense, in lieu of uniform allocation. These employees shall also receive a boot footwear allowance in the amount of one hundred fifty dollars (S150) per year. Upon termination, of employment employees whose urrifornis were provided to them will be required to return the uniforms to the City. 4 Animal Control Officers, Community Service Of (LSO's) and Parking Control Officers will receive the same uniform, payable in the same manner, as those enjoyed by the members of the Redlands Police Officers Association(RPOA). Non-uniformed employees in this unit on payroll as ofJune I of each year and at the time the check is issued shall receive an annual two hundred dollars ($200.00) bonus in lieu of the uniforn-i allowance, This bonus will not be reported to PER as compensation. ARTICLE 8 LONGEVITY PAY Employees with twenty (20) years cumulative service with the City Shall advance to the Step "F" on the salary resolution effective with the beginning of the pay period beginning closest to the first day of their 21" year of service. In the event that an employee is not at the E step when he/she is eligible for the F step, tit the completion oft {enty(20) years of service, the employee will advan cc to the next step in the salary range, and continue to advance based on merit until the employee reaches the F step, ARTICLE 9 OVERTIME Overtime pay shall be earned at time and one-half for all hours. The employee may elect to cam compensatory time off, at one and one-half time, in lieu of overtime pay. Overtime iriust be paid at the time it is worked or accrued as compensatory time. Accrued compensatory time will not be paid off in lump sum except at termination and only for those hours on the official payroll records. Time paid for holiday, vacation, sick leave and compensatory tirne off shall be treated as actual hours worked for the purposes of computing overtime. Any employee who works overtime in excess of three and one-half(31/,-) hours, provided that employee has worked eight (8) hours in addition to the three and one-half(3!/2)hours, will be entitled to have a meal at the expense of the City or be entitled to go home and eat, which will be at the discretion of the supervisor in charge. The City will establish an account at a local restaurant for use by employees working on emergency overtime. ARTICLE 10 WORKING OUT OF CLASSIFICATION PAY Whenever the needs of the City require an employee to temporarily perforin the duties of a higher classification than that in which the employee is currently employed, said; employee shall be entitled to receive out of classification pay f'or thea period of time that: the employee works out of classification. Out of classification pay shall be at as flat rate offive-percent (5%) of base salary. In order to receive out of classification pay the following provisions must occur: 5 a, The name of the employee who is absent must be noted on the employee's timeshect prior to out of classification pay being authorized. b� A vacancy or absence must exist for out of classification pay to be paid. c: The employee receiving out of classification pay must perform essentially all of the functions of the higher classification in order to receive compensation. d. The employee shall meet the minimum qualifications for the higher classification in order to be eligible for out of classification pay. Working out of classification pay for special assignments will only be authorized upon recommendation to the City Manager by the Department Head and will require a Payroll Transaction Form with supporting docurnentation justifying the special assignment, Employees perforri-ring in a capacity beyond the normal scope of their duties, and with increased and direct responsibility and personal liability for City operations shall be eligible for Special Assignment Pay. Special Assignment Pay shall be at a flat rate not to exceed ten percent (10%) of base salary, Special Assignment Pay will only be authorized upon Department Head recommendation, Administrative Services Director concurrence and City Manager approval, ARTICLE 11 CALL BACK PAY Call back time will be reimbursed based on a minimum two (2) hour block at time and one-half, with the exception that employees will be reimbursed based on a rainimilm three-hour block at time and one-half if the call back is between the hours of 12:00 p-in. and 7:00 a.m. Any employee who is unable to respond within thirty (30) minutes may be eliminated from the standby rotation. An employee working a continuous call back of at least four (4) hours that ends v.,ithin eight (8) hours of the employee's regular job starting titne is not required to report to duty at the employee's regularly scheduled time. When an employee has worked at least two (2) hours during the, eight (8) hours prior to the commencement of the regular work Schedule, the employee shall automatically report to duty on the employee's regularly scheduled shift immediately corarnencing ten (10) hours after the end of the call-back assignment. ARTICLE 12 STANDBY PAY Employees in the General Employees unit of representation assigned to standby duty shall receive one t1 hour of pay at straight time for standby duty on a week day and four (4) Hours of straight time pay for standby duty on a regularly scheduled day off, weekend day or holiday. 6 In order to qualify for standby pay employees must: I: Be required to be near a telephone at all times or carry a pager, Be able to report to the worksite within thirty(30) minutes; and, Not consume alcoholic beverages or any other debilitating drug while on standby's ARTICLE 13 M TRO PAY Female Police Customer Set-vice Representatives that report directly to the, Police Records Supervisor and the police Records Supervisor shall receive a 2.5% salary differential in recognition of the tact that they may be required to perform matron duties. ARTICLE 14 SHIFT DIFFERENTIAL The City agrees to provide a five-percent (5%) shift differential to those employees who work one-half of their regularly scheduled shut after 7,00 p.m. not to include overtime special assignments, emergency hours, etc. worked after 7:00 p.m. The shift differential shall apply to the frill regularly scheduled shift. ARTICLE 15 SCHEDULED RECALL TO WORK The City agrees that when employees of the Municipal Utilities Department are recalled: or scheduled to return to work for water system installation or a maintenance project between the hours of 12 midnight and 4:00 a.m.} said employees shall receive time and one-half for all hours worked. Employees performing in this capacity shall automatically report to duty on their regularly scheduled shift immediately after a ten (10) hour rest period has occurred from the ending time of the scheduled or recall work assignment. ARTICLE 16 TUITION' REIMBURSEMENT The City agrees to pay one hundred percent (100%) reimbursement for tuition and hooks for job related courses either directed or approved by the department head. The course must be satisfactorily completed with a minimum grade of" "or equivalent. During the term of this Memorandum of Understanding, the, City and the Association shall develop a program, subject to Council adoption; for a centralized, standardized tuition<reimb trsentent program, INSURANCE, LEAVE AND TIME OFF PROVISIONS ARTICLE 17 HEALTH INSURANCE A: The City shall contribute the entire monthly premium for employees in the unit and their eligible dependents under the public Eniployce Retirement. System (PERS). B. The City agrees to provide a stipend on a monthly basis for those employees with alternative medical coverage vvho Capt for the stipend in lieu of the medical; insurance benefit. The rate of stipend will be based on the following scale; 0 - 19 employees participating $50 per month 2 4 employees participating 100 per month 25 + employees participating 150 per month The initial evaluation to determine stipend amorm will be thirty(3 0) days from the date the M.O.U. is signed, and will be re-evaluated every quarter, ARTICLE 18 DENTAL INSURANCE The City agrees to pay the fullmonthlyprep-Juin for dental insurance under either the City's self-insured dental plan or Denti-Care dental plana for each employee in the unit and all eligible dependents, The City agrees to explore potential insurance changes or alternatives, including full insurance and increasing 'maximum insurance cap provided there is no additional cast to the Cite for such potential insurance changes. ARTICLE lid VISION CARE The City agrees to reimburse each employee in the unit up to one hundred-sixty dollars IS160 evera� fiscal year for the purchase of frames and lenses or contact lenses and the: coast of eye examinations for the employee and/or his/her dependent.: ARTICLE 20 LIFE INSURANCE The City shall contribute the monthly premium for: a life: insurance policy in the amount often thousand dollars (S10,000) for all employees in the fruit: ARTICLE LE 21 WORKER'S C `tib'1PE.NAT1C►'iDISr BILITY INSURANCE The City agrees to provide City paid State Disability Insurance coverage to all employee in,the unit. Sick leave or compensatory time may be used to supplement a Worker's Compensation or State Disability Insurance check, not to exceed the employee's regular rate of pay. Prior to use of accrued sick leave or compensatory time for this purpose, the State Disability Insurance check stub must be SUIN'llitted to the Payroll Supervisor. ARTICLE 22 VACATION The vacation accrual for employees in the unit shall be as follows: 1 5 years of service 80 hours 6 7 years of service 120 hours 8 9 years of service 128 hours 10 - I I years of service 1.36 hours 12 - 13 years of service 144 hours 14 - 16 years of service 152 hours 16 - 20 years of service 160 hours 21 years of service 168 hours 22 years of service 176 hours 23 years of set-vice 184 hours 24 years of service 192 hours 25+ years of service 200 hours Effective January 1, 2004, the maximum vacation accrual shall be three (3) years. In Novernber of each calendar year all vacation hours in excess of three (3) years accrual will be paid off at the employee's current hourly rate, provided that one-half of the yearly accrual has been used during the year under consideration. ARTICLE 23 SICK LEAVE AAC CURAL: Sick leave shall be accrued on an hourly basis at the rate of eight (8) hours per calendar month of service, 13, USE: Employees may use up to half of their annual sick leave accrual, forty- eight (48) hours, to care for ill farnily rnembers. CBUY BACK: In November of each calendar year, each employee in the unit may elect to be paid at his/her current hourly rate for each sick leave day.accumulated during the preceding calendar year in excess of six (6) sick leave days. A total of one fl) year's accumulation, ninety-six (96) hours, must be on the books prior to any compensation being paid. Employees in the unit may also choose to aCCUMUlate all sick leave days, from calendar year to calendar year, to an unlimited amount. Ds AT SEPARATION OF SERVICE: Upon separation of service with the City, employees with ten (10) or more years continuous service will be eligible to cash i I it unusedsick leave at the following formula: 9 10 - 15 years service.......2 % 16 20 years service.. .35% 21+ years seriice... ... 0% Employees electing this option shall be responsible for'any and all future medical insurance premiums. E; UP01\1 SERVICE RETIREMENT In lieu of the above benefit, upon service retirement under the PERS retirement plan, employees in the unit may elect to have all remaining sick leave accrued at the time of retirerrrent converted to cash. value at their final rate of pay, and apply such cash value to applicable premiums payable under the City's medical insurance program for the employee and the- employee's eligible dependents until the cash value is exhausted. In the event that the employee dies prior to exhaustion of the cash value of said benefits, the remaining cash value may be applied toward the premiums of covered dependents until exhausted, subject to the conditions and limitations of the applicable insurance policy': However, upon completion of twenty (20) cuillulative year: service, at the employee's option he/she may elect fully paid medical insurance for employee and eligible dependents, under the City's medical insurance program; upon service retirement under the PERS retirement medical insurance plant; it, lien of any type of sick leave buy back. ARTICLE 24 BEREAVEMENT LEVE In the event of the death in the immediate f~amily, an eligible employee will be compensated with four (4) days paid leave. In addition, eligible employees may be allowed to use accrued sick leave with full pay not to exceed three (3) dads. Immediate family shall be defiried as the following relatives to either the eniployce or spouse Spouse, child (including foster child: or ward of the court), parent, ;grandparent, brother,. and sister. The definition of immediate family will also include the aunt and uncle cit"the employee only. Bereavement leave may also be used for the significant other of tile employee provided the employee shows proof of cohabitation. ARTICLE 25 LENT::OF ABSENCE WITHO T PAY If an employee takes more than, fiv°c: ( ) accumulated days of leave without pay ill calendar year, commencing at the beginning of the sixth (6th) day of leave without pa and any clay of leave without pay 'thereafter during the calendar year; sick leave and vacation accruals will be adjusted proportionately to climinate benefit accruals for ally. day,an, employee is on leave without pay status. 10 ARTICLE 26 MILITARY LEAVE Military leave shall be granted in accordance with the provisions of State and Federal law. The department head may request copies of the employee's official military orders. ARTICLE 27 PERSONAL LEAVE Each employee in the unit may use up to a maximum of one day of accrued sick leave per year for personal leave, subject to advance supervisor approval. ARTICILE 28 HOLIDAYS The holidays which will be honored for employees in the unit will include the following, along withany additional day as designated by action of the City Couricil: New Year's Day(January 1) Martin Luther King Day(Third Monday in January) President's Day(Third Monday in February) Memorial Day(Last Monday in May) Independence May(July 4) LaborDay(First Monday in. September) Columbus Day(Second Monday in October) Veteran's Day(November 11) Thanksgiving Day Friday after Thanksgiving Day Christmas Day(December 25) Two (2)Floating Holidays Twenty(20) Hours Additional Floating Holidays, Effective January 1, 2004 Note- Solely for the term of this agreement, employees shall receive a reinstatement of hours for Labor Day, Columbus Day and Veterans Day. The reinstatement shall be added to accruals for compensatory time, and shall not exceed the amount of time used by each employee. If the holiday falls on Saturday, Friday shall be designated as the holiday and if tile holiday falls on Sunday, Monday shall be designated as the holiday. Christmas Eve Day shall be observed as a holiday when Christmas Day falls oil Tuesday, Wednesday, Thursday, or Friday. If a scheduled holiday falls on an employeCs regular day off, the employee shall be compensated for one day of holiday compensation at time and one half Employees should not be scheduled to work both the designated holiday and the actual holiday. lJoliday pay shall be compensated in, accordance with tile employee's standard work schedule. Employees in the unit shall not be allowed to carry floating holidays over from one calendar year to the=next. Holidays not taken by December 31" of any given year will be forfeited. The AX, SmileyPublic Library will be closed on the Saturday following Thanksgiving Day. ARTICLE 29 COMPENSATORY TIME OFF CTO shall accrue at the rate of one and one-half (1-1/2) hours for each overtime hour worked in accordance with the Fair Labor Standards Act. CTO shall not accumulate in excess of one hundred twenty (120) hours at any given time. Use of compensatory time- off earned shall be granted so that it does not unduly disrupt the operations of the City. Terminating employees shall be compensated for accrued compensatory hours. ARTICLE 30 TIME OFF FOR ASSOCIATION REPRESENTATIVES The Association may designate up to fourteen (14) representatives to attend Association meetings on City time, provided that no designated employee shall be released for more than one (1) hour per week. The President of the Redlands BPEA chapter shall be released for up to two (2) hours per week to attend to Association business. This time shall be in addition to meetings with the City Manager, Administrative Services or City Council members. The time must be scheduled in advance and the supervisor must be notified, DISCI'PLINE, GRIEVANCE, LAYOFF PROCEDURES ARTICLE 31 DISCIPLINARY PROCEDURES No employee shall be disciplined without cause. Disciplinary action shall be defined to include, oral warnings, written reprimands, suspensions, demotions, reduction in pay and discharge. Oral and written reprimands may be initiated at the supervisor/division I manager level, Disciplinary action more serious than a written reprimand must be initiated at the Department Head level. A. Notice of Proposed Action. Whenever an employee is to be discharged, suspended (for more, than five (5) days), demoted, or reduced in step, for disciplinary purposes, written notice of at least five (5) working days of the proposed disciplinary action shall be given before such action is to be taken and must include: t) Notice of proposed action; (2) Reasons for proposed action; (3) A copy of charges stating specific incidents or specific courses of conduct, e.g. as evidenced by work performance evaluations, and a copy of the 12 written materials upon which the decision to take proposed disciplinary action is based; and (4) A notice to the employee ofthe right to respond in writing or orally\,vithin the five (5) working day period. In the case of a suspension of five (5) days or less, the foregoing procedures shall Z7� be afforded the employee either before or during the suspension, or within a reasonable time thereafter. B. Limitations and Exceptions: (1) Oral notice is insufficient as full notice to an employee and may be given only as the initial notice in extraordinary circumstances which call for immediate action. (2) Prior written notice is required in each case, unless provided otherwise herein, regardless of seriousness unless extraordinary circumstances are involved. (3) Employees may be suspended without prior written notice in extraordinary circumstances when it is essential to avert harm to the public, other employees, or to avert serious disruption of goverm-nental business. The appointing authority may schedule an employee for vacation or holiday leave as the circumstances may warrant. Extraordinary circumstances include but are not limited to situations involving misappropriation of public fund or property; working while under the influence of liquor or intoxicating drugs; open insubordination; commission of a crime involving moral turpitude punishable by imprisonment for six (6) months or more-, and. disruption of City business through willful misconduct (altercations, etc.) (4) Oral notice is insufficient as full notice for proposed disciplinary action. In extraordinary circumstances when immediate suspension, demotion, removal, or reduction in step is warranted, initial notice may be given orally. The employee should be told when the initial action is taken what the reasons for the actions are and, in addition, the employee will have an opportunity to respond in writing and/or orally to those charges. The written charges in the case of an immediate disciplinary action must be prepared as soon as possible and normally within a day or two (2) of the initial oral notice. Employees wishing to appeal disc ifilinar.y actions may do so in accordance with Article 32. In general, under City procedures, probationary employees and other non-perinarient regular employees are not entitled to notice and a hearing unless the causes for termination are based upon charges involving a person's good name, reputation, honor or integrity. In such cases, an employee shall be entitled only to minimal due process rights as required by applicable law. 13 ARTICLE 32 APPEAL AND GRIEVANCE PROCEDURE I DEFINED: A grievance is an alleged violation of the Personnel Rules and Regulations, this M.O.U. or written City Policy. PROCEDURE: a, Informal Grievance Procedure: The grievant and the City's representative shall make every effort to resolve the grievance, at the lowest level of supervision. Thus, the grievant shall attempt to discuss the grievance with the immediate supervisor before resorting to the Forinal Grievance Procedure below. However, if the grievant is unable to resolve the grievance informally before the time period for filing a Formal Grievance expires (10 working days from the date the, grievance allegedly occurred), the grievant must proceed to the Forinal Grievance Procedure in accordance with the time limits therein or he/she will have -waived the right to proceed in the Formal Grievance Procedure. bFormal Grievance Procedure: I, First Level of Review: The formal grievance shall be presented in writing to his/her supervisor within ten (10) working days from the alleged occurrence of the violation. The written grievance shall contain the following inforination. a. Name of grievant and job title, b� Department/Section; C. Clear and concise statement of the nature of tile grievance including the circumstances and dates involved; & The specific provision(s) of the M.O.U., City Policy or Personnel rules alleged to have been violated, e. Requested remedy .- f. Name of the grievant's Labor Representative, if anv- �I 9- Date and signature of the grievant or Labor Representative. 1"he supervisor shall render a decision and comments in writing and return them to the grievant within ten (10) working days after receiving the written grievance, If the C11 grievant does not agree with his supervisor's decision or if no answer has been received within the specified time period, the grievant shall present the grievance in writing to the Department Head or his designee within live(5) days of the date the supervisor's decision is rendered or should have been rendered pursuant to the specified,time period. 2, Second Level -j- ,)e tarn-neat Head Review- The Department Head or his designee shall discuss, ulion request, the grievance with the grievant, tile grievant's representative if any, and with other appropriate persons. The Department Head or designeeshall render his decision and comments in writing and return them to the grievant within ten (10) working days after receiving the for written grievance. Ifthe grievant does not agree with the decision reached or if no answer has been received within the specified tiryle 14 period, the grievant may appeal the grievance to the next level of the grievalice procedure. 11-� In order to do so, the grievant must submit the grievance to the Personnel Director, along with a written request that the grievance be considered at the Third Level, within ten (10) working days of the date the Department Head's decision is rendered, or should have been rendered, pursuant to the specified time period. 1 Third Level -- City Manage , If the grievance is submitted to the City Manager ,for review and settlement, the City Manager may elect the methods lie/she considers appropriate for the study of the issues and shall render a written decision to the parties within ten (10) working days of receipt of the grievance. 4. Fourth Level -- Advisory Mediation. If the grievance has not been resolved after completion of the third level above, either the Association or the City may request non- binding mediation through the State of California, Department of Industrial Relations Mediation and, Conciliation Scn)ice. This mediation shall be provided by the state at no cost to either the City or the employee. 5. Fifth Level — City Council- If the grievance is not adjusted to the satisfaction of the employee under the procedures set forth in the forgoing sections, the ernployee or his/her designated representative, if any, within ten (101 working days after the completion of the last step under the third level above, shalt submit a written request to the City Council or their designee, for a hearing before the City Council or their designee. Such request, along with a copy of the record of the grievance developed to that point, shall be transmitted to the City Council or designee within ten (10) working days after receipt of such request for a hearing. The City Council shall render their decision within ten (10) working days of the hearing. The decision of the City Council shall be final and binding. ARTICLE 33 DEMOTIONNON-DISCIPLINARY Regular employees who are demoted due to layoff or other non-disciplinary reasons will be required to serve a new probationary period in the lower classification, provided they have not held regular Status in the lower classification previously. While serving this ne-,v probationary period, the employee will retain due process rights and cannot be disciplined or terminated firorti City service without due process. NRTICLE 34 LA `OFF PROC EDURE All regular employees whose positions have been eliminated shall be allowed to exercise then- options, based on seniority, to displace an employee (bump) into the same or ally one of thejunior classifications within thejob groupings (see Appendix B) for which they quality or into a previously held classificationwith the City of Redlands. The employee must meet the nitnimum qualifications for the position bumped. Employees Must UtihZC the option which places them in the highest available position, 15 ARTICLE 35 INVESTIGATORY INTERVIEW PROCEDURES Prior to any investigatory interview or consultation between all employee and the Department Head or City Manager, that could, reasonably be construed to result in disciplinary action against the employee, the employee shall be given notice of the interview or consultation as soon as reasonable practical, and shall be advised of his or her right to representation under this section-, and upon request shall be afforded all opportunity to contact and consult privately with a representative of the Association. If requested, the employee may have all Association representative present during any such investigatory interview or consultation, and, to the extent practicable, such interviews or consultations shall be conducted during all employee's working hours, Only those persons reasonably necessary to the conduct of the interview shall be present. The employee or the: City may elect to record any such investigatory inter-view or consultation, unless the parties mutual] agree not to record such interview or y consultation; how -ver, in the event the City elects to record such an interview or consultation, it shall upon request provide the employee with a copy of said recording. The cost of providing a copy of the recording to the employee shall be home by the employee. GENERAL PROVISIONS ARTICLE 36 COPY OF M.O.U. TO EACH EMPLOYEE The City will provide each employee in the unit with a copy of this M.O.U. within sixty (6 0)days of execution, ARTICLE 37 RULES, REGULATIONS AND RESOLUTIONS 'File City agrees to review annually with the Association major changes in the Personnel Rules and. Regulations and to make available copies of the rules and regulations to all employees. Salary resolutions shall be furnished to the San Bernardino Public Employees Association and all representatives. ARTICLE 38 PERSONNEL FILE No material which can reasonably be construed, interpreted, or acknowledged to be derogatory shall be placed in all employee's personnel file unless the employee has been allowed to read such material and respond to it, in writing, which response will also be placed in the personnel file. Any employee, upon request, shall have access to his/her personnel file, and shall have the right of reproduction, at cost, of his/her personnel file in full or in part. No portion of all employee's personnel file shall be transmitted to anyone other than the City Manager,, Personnel Director, Department Head, Risk Management Administrators, or by Court 16 subpoena. The employee is to be notified at the time of the request that the Hilorniation has been transmitted and to whom it was sent, ARTICLE 39 COMMUNICATIONS The City and, the Association shall work together in the interest of maintaining, and nuproving efficiency in all municipal operations and conservation of materials, supplies, and equipment, and for the improvement in quality of workmanship and service to the public= The City and, the Association consider themselves inutually responsible to improve communications between management anti employees and will use their best endeavors in establishing and maintaining effective communication channels, ARTICLE 40 UNIT MODIFICATION It is understood that this M.O.U. shall constitute a bar to any petition or request for decertification of the Association as the formally recognized employee organization in the General Employees unit of representation at any time prior to the expiration date of this M.0,U. In addition, no petitions for unit modification of the General Employees unit will be accepted by the City without the express agreement of the Association. The provisions of this Article shall not be applicable where precluded by law. The Association, its successors and assigns, shall indemnify, defend and hold harmless, the City, including its agents and employees, against any claims, suite or actions made or brought against the City, including its agents and employees, for any expenses, losses or damages incurred by the City, including its agents and employees, on account of the provisions of this article. ARTICLE 41 PREVAILINNG BETNEFITS All benefits, privileges, and working conditions enjoyed by the employees at the present time, which are not included in this agreement, shall remain in full force, unchanged and unaffected in any manner, during the term of this agreement unless changed by mutual consent. ARTICLE 42 MAINTENANCE OF MEMBERSHIP All employee members of SBPFA shall remain as members in. good standing of said Association for the duration of this M.O.U. except as set fort-li below: During the period from March I through March 31 of each year, any Association.member I who has been a member for at least one (1) year, may voluntarily withdraw from Association membership. 17 ARTICLE 43 USE OF BULLETIN BOARDS/MAIL, The City agrees that SBPEA may utilize bulletin board space in designated areas upon mutuala � a C greernent with the, City. SBPEA, will provide bulletin boards, The City gr es to allow the use of inter-departmental mail for distribution of SI PE materials to SBPEA representatives,only. ARTICLE 44 DIRECT DEPOSIT Direct deposit of employee paychecks will be available to employees in this unit. ARTICLE 45 LEAVE TIME REPORTING Leave time may be used and reported in increments of fifteen (i 5) minutes. ARTICLE 46 WORKWEEK/STANDARD TOUR OF DUTY The standard tour of duty represents the time that all employee is regularly scheduled to work. The department head shall establish the actual number of hours which comprise the standard tour of duty for each position. Any proposed change shall be communicated to the employees and Association at least two (2) weeks prior to the proposed change being implemented unless mutually agreed upon between the employee and supeRisor. If requestedby the Association, the parties shall expeditiously meet and confer regarding such change. ARTICLE 47 PROBATION The probationary period including promotional appointments shall be for a period of six (6) months unless extended by the recommendation of the department head. The probationary period for Public Safety Dispatchers shall be twelve (1 2) months. ARTICLE 48 ANNIVERSARY DATE For those employees hired after July 1, 1990, the "anniversary date" shall be the (lay of the month in which the employee completes six (6) months of employnient, When all employee receives a promotion. after July 1, 1990, the new anniversary date shall be the day of the month in which the employee completes six (6) months of employment in tile new classification. When a salary increase is granted, it shall be effective on the beginning of the pay period falling Closest to the day of the month the eniployce Nvas hired or promoted. ARTICLE 49 DRI'VER'S LICENSE PHYSICAL EXAMINATIONS The City will pay for the required phVsical examination for employees required by their job classification to maintain Class A or Class B< driver's licenses, Time spent participating in the required physical examination will be considered as tinle worked. 18 t RTICLE 50 EMPLOYMENT EXAMINATION PROCEDURES The examination procedure for all City jabs will be as established by the Cite and Association. ARTICLE 51 EXTENSION OF M C .I The City agrees that if a successor M 0.11. has not been reached by l.':00 a.m. (midnight) ora the expiration date, each calendar year, the terms and conditions of the existing M,C ,U. shall be extended sig (6) months or until a successor M.O.U. is adopted,, whichever-occurs sooner. ARTICLE 52 SAVINGS CLAUSE If any provision of this C.O.U., or the application of any provision, should be rendered- invalid by court or legislative action, the remaining portions of this Agreement shall remain in hill force and effect:. ARTICLE 53 NO STRIKE E PROVISI N It is understood and agreed that the service performed by city employees included in this M.O.U. are essential to the public's health, safety, and welfare. Therefore, the Association agrees that it will not authorize, instigate, aid, condone, or engage in ally strife, work stoppage, or other action of the City. In the event of a violation of this section, the;Association agrees to take affirmative steps with the employees concerned to bring abort an in-miediate resumption of normal work. Should there be a violation of this section, there shall be no discussion or negotiations regarding the difference or dispute during the existence ofsuch violation or before normal work has been. resumed. The City reserves the right to terminate any employee who instigates or engages in any strife 01- work rwork stoppage which interrupts or interferes with,the operation of the City. ARTICLE 54 MEAL PERIODS `I`he.City agrees to the following: Employees shall;be entitled to a meal period which shall not be less than thirty ( minutes or greater than sixty (60) nunotes. Every effort will be, made to'schedule the meal period during the middle of shift, when possible,. ARTICLE 55 REST PERIODS The City agrees to thefollowing.illowing. E loyees shall be entitle to two ) daily rest periods ten (Its) to Fifteen (15) minutes in duration which insofar its practical shall be in the, middle of each 'work period. The, rest periods shall be considered as time worked, Employees required to work beyond their regular tour of duty shall be granted a ten (10 minute rest,period for each two (2) hours of work. 1 The Association understands and agrees to the following: In regards to break periods, the following scenarios should not occur: Combining tN,,,o daily breaks into one 20-30 minute break-. "Banking"breaks from day to day. "Saving" break time in order to extend lunch periods or shorten the workday. Payment of compensatory time off or overtime for"unused"breaks. ARTICLE 56 CATASTOPHIC LEAVE Employees are eligible for catastrophic leave in accordance with the City's Catastrophic Leave Policy. ARTICLE 57 RIDESHARfNG All employees are eligible for participation in the City's ridesharing program. Participation in the program is voluntary and shall be in full compliance of Redlands Ridesharing Program Policy. Approved participants shall receive either One Dollar Sixty Five Cents ($1.65) for each rideshare day OR fifteen (15) minutes of accrued compensatory time off for each rideshare day. The cash bonus shall be paid in November of each year. Ridesharing shall be reported on individual employee timesheets.. The program shall be monitored by the Program Coordinator. Participants in violation of the Ridesharing Policy, including falsification of reporting, shall be permanently dismissed from the program and subject to disciplinary action. ARTICLE 58 BILINGUAL PAY Employees are eligible for bilingual pay in accordance with the City's Bilingual Pay Program, and upon approval by the Department Head and City Manager, Authorized employees shall receive additional compensation in the amount of Sixty Five Dollars ($65)per month. ARTICLE 59 PROMOTIONAL POSITIONS The City may seek only promotional candidates to fill available positions. In this case, distribution of job announcernents shall be limited to internal sources. Promotional candidates shall follow the procedures identified in the City's Personnel Rules and Regulations. Employees appointed to promotional positions shall complete a probationary period in accordance with the City's Personnel Rules and Regulations. Employees appointed to a prornotional position shall receive the nearest highest mouthlY s a]ar, y which is at least five percent (5%) higher than the employee's previous base Salary but in no case more than the top step of the new salary range. 20 21 MEMORANDUM OF UNDERSTANDING SIDE LETTERS It is agreed and understood that the following side letter is not sLlbject to the grievance procedure: A committee consisting of General unit employees and the City Manager, or his designee, I shall be established with the purpose of enhancing operational efficiency and financial accountability. 22 SAN BERN RDI O PUBLIC EMPLOYEES ASSOCIATION Laine Cra-i-g Date SBPEA w� i Br r a kiss 'nag-,anent Tech. nor n Baas o Waste True' ver` Joe �c tt ,, Dior WeIdc Sr. x ccoun i g"recti. ete c ssist nt Mike ,:est Concrete Worker JUX 'tic. Garcia _ Water Distribution Operator CITY Y DLAND e .art (" asey") Haws, Mayor Date `C"` y ter APPENDIX A C1,ASSIFICATIONS INCLUDED IN 'HEC. EN RAL EMPLOYEES UNIT Accounting Teelmicianl/11 Administrative Assistant VII Administrative Secretary Animal Control Officer Animal Control Supervisor Asphalt Worker Building Inspector 1/11 Building Maintenance Worker Building Permit'technician, Business License Inspector Cemetery Caretaker 1/11 Cemetery Services Assistant Code Enforcement Officer Community Services Officer/Dispatcher 1/11 Concrete Worker Crime Analyst Cross Connection Control Inspector Electrician Equipment Operator Equipment Maintenance Administrative Assistant Fire Mechanic Forensic Services Supervisor Geographic Information Systems Technician Grounds Maintenance Worker 1/11 Housing Technician Human 'Resources Assistant Hut-nan Resources Technician ID and Property Technician Industrial Waste inspector Junior Engineer Kennel Attendant Laboratory Technician 11/11 Library Clerk Library Information Systems Technician Library Specialist 1/11 Line Maintenance Worker Maintenance Custodian Maintenance Worker Mechanic Assistant Mechanic F11 MIS Support Technician Park Maintenance Mechanic 24 Parking Citation Technician Plant :'Mechanic Ulf Police Customer tomer Service Representative Police Parking Control Officer Police Records s Sup rvisor Public Information Specialist Purchasin- assistant Purchasing Supervisor Recreation Program Coordinator Regulatory Corriplian e Officer Resident Construction Inspector Risk Management Technician Senior-Accounting Technician Senior Administrative Assistant Senior Asphalt Worker Senior Building Maintenance Worker Senior Cemetery Caretaker Senior Cade Enforcement Officer Senior CornmunicatiOTIS Specialist Senior Concrete Worker Senior Equipment Operator/Landfill Senior Equipment [Operator/Water Senior Grounds Maintenance Worker 1/11 Senior Information Systems Technician Senior Line Maintenance Worker Senior Mechanic Senior Recreation Program Coordinator Senior Sign and Faint Worker Senior-Solid Waste Truck Driver Senior Storekeeper Senior Street Maintenance Worker Senior Tree Trimmer Senior Water Meter Reader Senior Water Service Worker Senior"Welder Sign and faint Worker Solid Waste Collector Solid Waste Customer Services Representative Solid Waste Rome Supervisor Solid Waste Truck Driver Storekeeper Street Sweeper Operator Supervising Laborarory Technician Traffic Signal Technician 1/11 Tree Trimmer t/11 Utilities Database Technician Utility Billing Supervisor Video Production Technician Wastewater Treatment Operator 1/11/111/1V Water Distribution Supervisor Water Line/Fire Specialist Water Meter Reader Water Production Maintenance Supervisor Water Production Plant Supervisor Water Quality Control Officer Water Quality Technician 1111 Water Service Worker III Water Treatment Operator IFIIFIV Welder Worker's Compensation Technician 26 APPENDIX B LAYOFF JOB GROUPINGS (PER ARTICLE 34) 36 Library Clerk 38 Administrative Assistant 1 3 Police Parking Control Officer 39 Storekeeper 40 Accounting Technician l' 41 Building Permit Technician 42 Administrative Assistant ll 42 Police Customer Service Re 42 Video Production Technician 43 Library Specialist 4 3 Senior Storekeeper 44 Account Technician 11 46 Administrative Secretary 47` Library Specialist 11 48 Human Resources Assistant 4 Purchasing Assistant 48 Senior Accounting Technician 4 ` Cemetery Services Assistant 49 Recreation Program Coordinator 49 Senior Administrative Assistant 2 Human Resources Technician 52 Risk Management Technician ?' Workers Compensation Technician 4 Purchasing Supervisor 55> Police Records Supervisor ------------------------------------------------------------------------------- 54 Kennel Attendant y Maintenance Worker 43 echanic Assistant 47` Mechanic 1 51 Mechanic ll 51 Plant Mechanic l 51 Welder 55 Fire Mechanic 55 Plant Mechanic ll 55 senior Welder 59 Senior Mechanic ------------------------------------------------------------------------------- 5 Kennel Attendant` 7 0Y Animal Control Officer 55 Animal Control Supervisor ------------------------------------------------------------------------------- 3 Police Parking Control Officer 42 CSO/ Public Safety Dispatcher 1 2 Police Customer Seri°ice,.Rep 46 CSO/Public Safety Dispatcher If 50 I.D. Technician 55 Police Records Supervisor -------------------------------------------------------------------------------- -54 Codd Enforcement Officer 58 Senior Code Enforcement Officer' 59 Assistant Planner 63 Associate Planner ------------------------------------------------------------------------------- 51 Building Inspector 1 54 Code Enforcement Officer :55 Building Inspector 11 58 Senior Code Enforcement C7icei ------------------------ 34 Fennel Attendant 38Y Cemetery Caretaker I 38Y Grounds Maintenance Worker I 38Y Maintenance Worker 2 Cemetery Caretaker 11 2 Grounds Maintenance Worker 11 3 Tree Trimmer 1 Ota Dark Maintenance Mechanic 6 Senior Grounds MaintenanceWorker 1 47 Senior CemeteryCare-taker 7 "free Trimmer 11 50 Senior Grounds Maintenance: Worker 51 Senior Tree Trimmer ------------------------------------------------------------------------------- 52 Senior Building Maintenance Worker S Building Maintenance Worker 2 Maintenance Custodian 38Y Maintenance Worker 34 fennel Attendant -------------------------------------------------------------------------------- Junior Engineer Y Resident Construction Inspector ------------------------------------------------------------------------------- 3 Kennel attendant 38Y Maintenance Worker 47 Line Maintenance Worker 48 Wastewater Treatment Operator 1 49 Laboratory Technician 1 51 Senior Line Maintenance Worker 52 Wastewater Treatment,Operator 11 53 Industrial Waste Inspector 53 Laboratory Technician 11 56 Wastewater Treatment Operator III 58 Wastewater Treatment Operator IV 65 'Regulatory Compliance Officer ------------------------------------------------------------------------------- 48Y Traffic Signal Teelmician 11 50 Traffic Signal Technician 1 54 Electrician 60 Senior Communications Electrician Specialist Water Production Maintenance Supervisor Water Production Plant Supervisor 34 Kennel Attendant 38Y Maintenance Worker --------I---------------------------------------------------------------------- 42 Water Service Worker 42 Water Meter Reader 46 Senior Water Meter Reader 46 Senior Water Service Worker 46 Water Line/Fire Specialist 47 Line Maintenance Worker 51 Senior Equipment Operator 51 Senior Line Maintenance Worker 5 t Welder 52 Water Quality Technician IT 52 Water Treatment Operator 11 55 Cross Connection Control Inspector 55 Senior Welder 56 Water Treatment Operator III 58 Water Quality Control Officer 58 Water Treatment Operator IV 60 Water Distribution Supervisor -,----------------------------------------I------------------------------------- 34 Kennel Attendant 38Y Maintenance Worker 47 Asphalt Worker 47 Concrete Worker • 47 Sign and Paint Worker 51 Senior Asphalt Worker 51 Senior Concrete Worker 51 Senior Equipment Operator 29 51 Senior Sign and Paint Worker ------------------------------------------------------------------------------- 3 4 Kennel Attendant 38Y Maintenance Worker 41 Solid Waste Collector 47 Solid Waste Truck Driver 51 Senior Equipment Operator 51 Senior Solid Waste Truck Driver 57 Solid Waste Route Supervisor Employees being displaced to any position in the Police Department must successfully complete a background investigation prior to transfer. 30 MOU - RAMME - Cin motion of Councilmember George, seconded by Cour cilmember Peppier, the City Council unanimously ratified the Memorandurn of Understanding (MOIJI) with the Redlands Association of Mid- Management Employees (RAMME) and authorized the Mayor and City Clerk to execute the MOU on behalf of the City. MOU - GEAR - On motion of Councilinetriber Geor•ge, seconded by Councilmember Peppier, the City Council unanimously ratified the Memorandum of Understanding (1�1101_.t) with the an Bernardino Public Employees Association representing the ("Tenet-at Employees Association of Redlands (GEAR) and authorized the Mayor and City 6lerk to execute the MOU on behalf of the City. Resolution No. 6218 - Salary - Cyn motion of Coulicifiriernber George, seconded by COLITICitillember Peppier, the City Council unanimously adopted Resolution No. 6218, at resolution of the City Council of the City of Redlands establishing a salary schedule and compensation plan for City employees which reflects the salary increase,.; for the General Employees Association of Redlands and Redlands Association of Mid-Mariagement Employees approved by the City Council in the Memoranda of Understanding for July 1, 2003, through June 30, 2004. Fluids - Donation -Paramedic Pro-jarn - On motion of Councilmernber George, seconded by Councilmernber Peppler, the City Council unanimously accepted a donation of $48,815,80 from the Estate of Jacqueline White to the City of Redlands Paramedic Program and authorized the expenditure of that amount for the purchase of paramedic equipment- This generous gesture by Mrs. White was in appreciation of the medical services provided by the Redlands Firefigg,liters/Paramedics to her and her late husband. COMMUNICATI'ONS o�orts Park aU clate - Public Works Director Mutter introduced Senior Civil Engineer Bill flernsley xvho presented a PowerPoint reviewing the history and current status of the Sports Park. Mr. Henisley expressed appreciation to Mayor Flxws for his work oil this project and apologized that it was not completed during his term due to circumstances (especially the San Bernardino Kangaroo Rat) out of their control. Mayor Flaws expressed his appreciation to Public Works Director Mutter and his staff for their efforts and extended his personal thanks to Mr. Flernsley for his outstanding performance. TrailsLUjjdate - An updated trails map was provided to cacti Counciltnember. Public Works Director Mutter reported the Trails Committee will continue to work on this project especially in the canyon area and prepared a General Plan amendment for the entire community. Mayor Flavvs reminded staff and, Councilillembers that the basic philosophy behind this project is that the trails do not need development and maintenance, connectivity is very important, and November 18, 2003 Page 6