HomeMy WebLinkAboutContracts & Agreements_156-2004_CCv0001.pdf Memorandum of Understanding
July 1 , 2004 - December 31 , 2009
Between
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The Culty of Redlands
and
Redlands Civilian Safety
\\ Employees Association
Represented by
San Bernardino Public
\� /\\Employees Association
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF DLANDS
AN D
REDLANDS CIVILIAN SAFETY EMPLOYEES ASSOCIATION
Represented by:
THE SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION, INC.
July 1, 2004 —December 31, 2009
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 1,2004 and shall expire on December 31, 2009.
ARTICLE 2 PREAMBLE
It is the intent and purpose of this M.O.U. to set forth the understanding the parties
reached as a result of meeting and conferring in good faith regarding, but not limited to,
matters relating to the wages, hours, to and conditions of employment between the
City of Redlands (hereinafter referred to as "City") and the Redlands Civilian Safety
Employees Association(hereinafter referred to as "Association").
ARTICLE 3 RECOGNITION
The classifications which shall be included in the Civilian Safety Employees unit of
representation are,listed in Appendix A.
ARTICLE 4 MANAGEMENT RIGHTS
The authority of the City includes the exclusive right to determine 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 employees from 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
classifications; 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 to
and conditions of employment.
SALARIES, RETIREMENT AND OTHER PAY
ARTICLE 5 SALARIES
The City and Association agree to complete a compensation study of the previously
agreed upon benchmark positions in the comparable jurisdictions of Chino, Chino Hills,
Colton, Corona, Fontana, Hemet, Montclair, Moreno Valley, Ontario, Palm Springs,
Pomona, Rancho Cucamonga, Rialto, San Bernardino, Upland and Victorville.
Based on the results of that study, the City and Association shall determine the average
compensation difference between the July 2004 median for the comparable classifications
in the Cities and this unit. Salary adjustments equaling one-fourth of this average
difference, but not to exceed four percent (4.0%), shall be effective the first pay period of
July 2004, 2005, and 2006.
Final adjustments to ensure all classifications reach median shall be effective the first}gay
period of July 2007. This final adjustment for each classification shall be rounded up or
down to the nearest Range.
No classification shall go beyond median, other than through rounding in July 2007,
Employees in classifications whose range reaches median prior to year 4 shall be placed
on a Y table and shall receive no further salary adjustments prior to July 2008, other than
merit step increases that would have been otherwise granted.
Effective the first pay period of July 2008, all employees in the unit shall receive a five
percent(5.0%) cost of living adjustment.
Effective the first pay period of July 2009, all employees in the unit shall receive a one
percent (1.0%) cost of living adjustment.
During the term of this agreement, the City shall review all benchmarks and make
adjustments as appropriate after meeting and conferring with the Association.
ARTICLE 6 RETIREMENT
The City shall pay to the Public Employees' 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 of
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% @ 55 RETIREMENT FORMULA
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ARTICLE 7 UNIFORM ALLOWANCE
The City shall provide a uniform allowance of two hundred twenty-five dollars ($225), in
the form of a check, to all employees in this unit on the payroll as of June I"of each year®
This allowance shall be paid in July of each year.
Non-uniformed employees in this unit on payroll as of June 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 uniform allowance. This bonus shall be paid in July of each year and shall not
be reported to PERS as compensation.
Animal Control Officers, Community Service Officers (CSO's), Forensic Services
Supervisor and Parking Control Officers shall receive a uniform allowance of nine
hundred dollars ($900) per year. Two checks of four hundred fifty dollars ($450) each
shall be issued in July and January of each year,
The Kennel Attendant shall receive a boot allowance in the amount of one hundred fifty
dollars ($150) to be paid in July of each year.
Uniforms are to be presentable at all times. Cleaning and maintenance of uniforms shall
be the responsibility of the employee.
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, at
the completion of twenty(20) years of service, the employee will advance to the next step
in the salary range, and continue to advance based on merit until the employee reaches the
F Step.
ARTICLE 9 OVERT EME
Overtime pay shall be ea med at time and one-half for all hours. The employee may elect
to earn compensatory time off, at one and one-half time, in lieu of overtime pay.
Overtime must be paid at the time it is worked or accrued as compensatory time.
Accrued compensatory time shall 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 time off shall be treated as
actual hours worked for the purposes of computing overtime,
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Any employee who works overtime in excess of three and one-half(3V2) hours, provided
that employee has worked eight (8) hours in addition to the three and one-half(3V2)hours,
shall be entitled to have a meal at the expense of the City or be entitled to go home and
eat, which shall be at the discretion of the supervisor in charge. The City shall 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 perform 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 for the period of time that
the employee works out of classification. Out of classification pay shall be at a flat rate
of five-percent(5%) of base salary.
In order to receive out of classification pay the following provisions must occur:
a. The name of the employee who is absent must be noted on the employee's
timesheet 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 shall only be authorized upon
recommendation to the City Manager by the Department Head and will require a Payroll
Transaction Form with supporting documentation justifying the special assignment.
Employees performing 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 shall only be
authorized upon Department Head recommendation, Administrative Services Director
concurrence and City Manager approval.
ARTICLE 11 CALL BACK PAY
Call back time shall be reimbursed based on a minimum two (2) hour block at time and
one-half, with the exception that employees shall be reimbursed based on a minimum
three-hour block at time and one-half if the call back is between the hours of 12:00 a.m.
and 7:00 a.m. Any employee who is unable to respond within thirty (30) minutes may be
eliminated from the standby rotation.
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An employee working a continuous call back of at least four (4) hours that ends within
eight (8) hours of the employee's regular job starting time 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 commencing ten (1 0) hours after the end of the call-back
assignment.
ARTICLE 12 STANDBY PAY
Employees in the Association assigned to standby duty shall receive one (1) 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.
In order to qualify for standby pay employees must:
l,. Be required to be near a telephone at all times or carry a pager;
2. Be able to report to the worksite within thirty(30)minutes; and,
3. Not consume alcoholic beverages or any other debilitating drug while on standby.
ARTICLE 13 MATRON PAY
Female Community Service Officers, Dispatchers and Police Customer Service
Representatives that report directly to the Police Records Supervisor and the Police
Records Super-visor assigned to the position after the effective date of this agreement,
shall receive a 2.5% salary differential in recognition of the fact that they may be required
to perform matron duties. This differential shall only be paid for actual hours worked
when matron duties are performed.
Female Police Customer Service Representatives that report directly to the Police
Records Supervisor and the Police Records Supervisor assigned to the position prior to
the effective date of this Agreement, shall receive a 2.5%salary differential in recognition
of the fact that they were required to perforin matron duties. This differential shall
continue to be paid for all hours worked until the incumbent employee transfers or
promotes. If an employee leaves the position and later returns, she shall be considered to
be newly assigned and shall receive the salary differential only when matron duties are
actually performed as described in the previous paragraph,
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 shift 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 full regularly scheduled shift.
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ARTICLE 15 INTENTIONALLY LEFT BLANK
ARTICLE 16 TUITION REIMBURSEMENT
The City agrees to pay one hundred percent (100%) reimbursement for tuition and books
for job related courses either directed or approved by the department head. The course
must be satisfactorily completed with a minimum grade of"C"or equivalent.
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 Employee Retirement System(PERS).
B. The City agrees to provide a stipend on a monthly basis for those employees with
alternative medical coverage who opt for the stipend in lieu of the medical insurance
benefit. The rate of stipend shall be$150 per month.
ARTICLE 18 DENTAL INSURANCE
The City agrees to pay the full monthly premium for dental insurance under the Principal
Financial dental plan or an equivalent dental plan for each employee in the unit and all
eligible dependents.
ARTICLE 19 VISION CARE
The City agrees to reimburse each employee in the unit up to two hundred twenty-five
dollars ($225) every fiscal year for the purchase of frames and lenses or contact lenses
and the cost of eye examinations for the employee and/or his/her dependent.
ARTICLE 20 LIFE INSURANCE
Effective with October 1, 2004 renewal date of the City's life insurance policy, the City
shall contribute the monthly premium for term life insurance in the amount of twenty-five
thousand dollars($25,000) for all employees in the unit.
ARTICLE 21 WORKER'S COMPENSATION/DISABILITY INSURANCE
The City agrees to provide City paid State Disability Insurance coverage to all employees
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
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to use of accrued sick leave or compensatory time for this purpose, the State Disability
Insurance check stub must be submitted to the Payroll Supervisor.
ARTICLE 22 VACATION
The vacation accrual for employees in the unit shall be as follows:
I - 5 years of service 80 hours
6 - 7 years of service 120 hours
8 - 9 years of service 128 hours
to - I I years of service 136 hours
12 - 13 years of service 144 hours
14 - 15 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 service 18 4 hours
24 years of service 192 hours
25+ years of service 200 hours
The maximum vacation accrual shall be three (3) years. In November 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.
ARTICLE 23 SICK LEAVE
A. ACCURAL,, Sick leave shall be accrued on an hourly basis at the rate of eight
(8)hours per calendar month of service,
B. USE: Employees may use up to half of their annual sick leave accrual, forty-
eight(48) hours, to care for ill family members.
C. BUY 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 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.
D. 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 in
unused sick leave at the following formula,
10 - 15 years service,. .25%
16 - 20 years service,,._35%
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21+ years service... .50%
Employees electing this option shall be responsible for any and all future medical
insurance premiums.
UPON 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 retirement 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) cumulative years
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 plan, in lieu of any type
of sick leave buy back.
SICK LEAVE CONVERSION — The City and the Association agree to add the
appropriate language from PERS to allow the conversion of unused sick accruals to
service credit toward PERS retirement. The parties agree that this will require a contact
amendment and will be implemented in accordance with PERS requirements and
timelines.
ARTICLE 24 BEREAVEMENT LEAVE
In the event of the death in the immediate family, an eligible employee shall be
compensated with four (4) days paid leave. In addition, eligible employees may be
allowed to use accrued sick leave with fall pay not to exceed three (3) days. Immediate
family shall be defined as the following relatives to either the employee or spouse:
spouse, child (including foster child or ward of the court), parent, grandparent, brother,
and sister. The definition of immediate family shall also include the aunt and uncle of the
employee only. Bereavement leave may also be used for the significant other of the
employee provided the employee shows proof of cohabitation.
ARTICLE 25 LEAVE OF ABSENCE WITHOUT PAY
If an employee takes more than five (5) accumulated days of leave without pay in a
calendar year, commencing at the beginning of the sixth (6th) day of leave without pay
and any day of leave without pay thereafter during the calendar year, sick leave and
vacation accruals will be adjusted proportionately to eliminate benefit accruals for any
day an employee is on leave without pay status.
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ARTICLE 26 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of Stag and Federal,
law. The department head may request copies of the employee's official military Larders.
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. Personal leave shall be
computed and compensated in accordance with the employee's standard work schedule.
ARTICILE 28 HOLIDAYS
The holidays to be honored for employees in the unit shall include the following, along
with any additional•,day as designated by action of the City Council.
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 Day(July )
Labor Day(First Monday in September)
Columbus Day(Second Monday in October
Veteran's Day(November 11)
Thanksgiving Day
Friday after Thanksgiving Day
Christmas Day(.December 2 )
Two (2)Floating Holidays
Twenty(2 0) Hours Additional.Floating Holidays, Effective January 1, 2004
If the holiday falls on Saturday, Friday shall be designated as the holiday and if the
holiday falls on Sunday, Monday shall be designated as the holiday. Christmas Eve Day
shall be observed as a holiday when Christmas Day falls on Tuesday, Wednesday,
Thursday, or Friday.
If a scheduled holiday falls on an employee's 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.
Holiday pay shall be compensated in accordance with the 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 ber 1" of any givers year will be
forfeited,
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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 seven (7) representatives to attend Association
meetings on City time, provided that no designated employee shall be released for more
than four(4) hours per month. The time must be scheduled in advance and the supervisor
must be notified.
DISCIPLINE, GRIEVANCE, LAYOFF PROCEDURES
ARTICLE 31 DISCIPLINARY PROCEDURES
If, during the term of this contract, the City and Association agree to language that
replaces the language herein, the parties agree to reopen on the limited subject of
replacing the language with the agreed upon language.
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
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:
(1) 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 written materials upon
which the decision to take proposed disciplinary action is based; and
(4) A notice to the employee of the right to respond in writing or orally within the five
(5) working day period.
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In the case of a suspension of five (5) days or less, the foregoing procedures shall be
afforded the employee either before or during the suspension, or within a reasonable time
thereafter.
& Limitations and Exceptions:
(1) Oral notice is insufficient as full notice to anemployee 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 governmental 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 disciplinary actions may do so in accordance with
Article 32.
In general, under City procedures, probationary employees and other non-perrnanent
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.
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,
2. 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 Formal 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 Formal Grievance Procedure in accordance with the time limits
therein or he/she will have waived the right to proceed in the Formal Grievance
Procedure.
b. Formal Grievance Procedure:
1: 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 information:
a. Name of grievant and job title;
b, Department/Section;
C. Clear and concise statement of the nature of the grievance including the
circumstances and dates involved;
d. The specific provision(s) of the M.0,U., City Policy or Personnel rules alleged to
have been violated;
e. Requested remedy;
f Name of the grievant's Labor Representative, if any;
9- Date and signature of the grievant or Labor Representative.
The 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
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 five (5) days of the date the supervisor's decision
is rendered or should have been rendered pursuant to the specified time period,
1 Second Level —,Department Head Review: The Department Head or his designee
shall discuss, upon request, the grievance with the grievant, the grievant's representative
if any, and with other appropriate persons. The Department Head or designee shalt render
his decision and comments in writing and return them to the grievant within ten (10)
working days after receiving the formal written grievance. If the grievant does not agree
specified time
with the decision reached or if no answer has been received within the specif
period, the grievant may appeal the grievance to the next level of the grievance procedure.
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(1 0)
working days of the date the Department Head's decision is rendered, or should have
been rendered, pursuant to the specified time period.
3. Third Level -- City Manager: If the grievance is submitted to the City Manager
for review and settlement, the City Manager may elect the methods he/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.
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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 Califeimia, Department of Industrial Relations
Mediation and Conciliation Service, 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 employee or
his/her designated representative, if any, within ten (10) working days after the
completion of the last step under the third level above, shall submit a written request to
the City Council or their designee, fora 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 (1 0) working days of the hearing, The decision of the City Council shall be final and
binding.
ARTICLE 33 DEMOTIONINON-DISCIPLINARY
Regular employees who are demoted due to layoff or other non-disciplinary reasons shall
not be required to serve a new probationary period in the lower classification, provided
they have held regular status in the lower classification'previously. If required to serve a
probationary period, the employee shall retain due process rights and cannot be
disciplined or terminated from City service without due process.
ARTICLE 34 LAYOFF PROCEDURE
All regular employees whose positions have been eliminated shall be allowed to exercise
their options, based on, seniority, to displace an employee (bump) into the same or any
one of the junior classifications within the job groupings (see Appendix B) for which they
qualify or into a previously held classification with the City of Redlands. The employee
must meet the minimum qualifications for the position bumped. Employees must utilize
the option which places them in the highest available position.
ARTICLE 35 INVESTIGATORY INTERVIEW PROCEDURES
Prior to any investigatory interview or consultation between an 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 an
opportunity to contact and consult privately with a representative of the Association, If
requested, the employee may have an Association representative present during ally such
investigatory interview or consultation, and, to the extent practicable, such interviews or
consultations shall be conducted during an employee's working hours. Only those
persons reasonably necessary to the conduct of the interview shall be present.
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The employee or the City may elect to record any such investigatory interview or
consultation, unless the parties mutually agree not to record such interview or
consultation; however, 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 borne by the
employee.
GENERAL PROVISIONS
ARTICLE 36 COPY OF M.O.U. TO EACH EMPLOYEE
The City shall provide each employee in the unit with an electronic copy of this M.O.U.
within sixty(60) days of execution. Upon written request, the City shall provide a printed
version to the individual employee.
ARTICLE 37 RULES, REGULATIONS AND RESOLUTIONS
The 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 an 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
an employee's personnel file shall be transmitted to anyone other than the City Manager,
Personnel Director, Department Head, Risk Management Administrators, or by Court
subpoena. The employee is to be notified at the time of the request that the information
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
improving 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.
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The City and the Association consider themselves mutually responsible to improve
communications between management and 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,
tail Employees unit of representation at any time prior to the expiration date of this
M. .'l -YT4
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In addition, no petitions for unit modification of the 4Qene-r-al 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 bylaw. 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 PREVAILING BENEFITS
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 MENITENTANCE OF MEMBERSHIP
All employee members of SBPEA shall remain as members in good standing of said
Association for the duration of this M.0,1J. except as set forth below,
During the period from March I through March 31 of each year, any Association member
who has been a member for at least one (1) year may voluntarily withdraw from
Association membership.
ARTICLE 43 USE OF BULLETIN Btu IL
The City agrees that BPEA may utilize bulletin board space in designated areas upon
mutual agreement with the City. BPEA will provide bulletin boards. The City agrees
to allow the use of inter-departmental mail for distribution of BPEA materials to
SBPEA representatives only,
15
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(15)minutes.
ARTICLE 46 WORKWEEK/STANDARD TOUR OF DUTY
The standard tour of duty represents the time that an 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 supervisor. If
requested by the Association, the par-ties 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(12) months.
ARTICLE 48 ANNIVERSARY DATE
For those employees hired after July 1, 1990, the "anniversary date" shall be the day of
the month in which the employee completes six (6) months of employment. When an
employee receives a prtmotion, 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 the
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 employee was hired
or promoted.
ARTICLE 49 DRIVER'S LICENSE PHYSICAL EXAMINATIONS
The City shall.pay for the required physical 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 time worked.
ARTICLE 50 EMPLOYMENT EXAMINATION PROCEDURES
The examination procedure for all City jobs shall be as established by the City and
Association.
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ARTICLE 51 EXTENSION OF M,O.0
The City agrees that if a successor M.O.U. has not been reached by 12:00 a.m. (midnight)
on the expiration date, each calendar year, the terms and conditions of the existing
M.O.U. shall be extended six (6) months or until a successor M.O.U. is adopted,
whichever occurs sooner.
ARTICLE 52 SAVLNGS CLAUSE
If any provision of this M.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 full force and effect,
ARTICLE 53 NO STRIKE PROVISION
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 shall not authorize, instigate, aid, condone, or engage in any
strike, 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 about an immediate 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 of such violation or before normal work has been resumed. The City
reserves the right to terminate any employee who instigates or engages in any strike or
work stoppage which interrupts or interferes with the operation of the City.
ARTICLE 54 MEAL PERIODS
The City agrees to the following: Employees shall be entitled to a meal period which shall
Prot be less than thirty (30) minutes or greater than sixty(60) minutes. Every effort shall
be made to schedule the meat period during the middle of a shift,when possible.
ARTICLE 55 REST PERIODS
The City agrees to the following: Employees shall be entitle to two (2) daily rest periods
ten (10) to fifteen (15) minutes in duration which insofar as 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.
The Association understands and agrees to the following: In regards to break periods, the
following scenarios should not occur:
Combining two 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 work-day.
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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 RIDESHARING
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 announcements 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 promotional position shall receive the nearest highest monthly
salary 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.
ARTICLE 60 DEATH OF EMPLOYEE
If an employee dies while on duty, the City shall calculate compensation for the entire
shift.
The eligible dependents of deceased employees shall be entitled to benefits as follows:
18
It
Sick leave accruals, lifetime medical insurance and other applicable benefits shall be
calculated and/or compensated according to the eligibility requirements stated in the
current MCMI.
In the event the deceased employee qualified for a service retirement (i.e. age 50 and with
a minimurn of five (S) years of service with the City), the City shall calculate and/or
compensate benefits in the same manner as an employee service retirement,
Executed this 01 day of October, 2004
4CITY IFR-EDLANID)
pie__
'r, Mayor
Sus Peppier, Mayor
ATTEST:
LIoMe-P'0yZ0T, City
SAN ERN UBLIC EMPLOYEES ASSOCIATION
Bob Blough, Lelations, Chief/ egotiator
RED ANDS CIV SAFETY UNIT
Wso onimun s Supervisor
duel re , Crime
ik davazo, CSO/Disocher 11
Eileen Dirksen, Senior Administrative Assistant
19
APPENDIX A
CLASSIFICATIONS INCLUDED IN THE REDLANDS CIVILIAN SAFETY
EMPLOYEES UNIT
Animal Control Officer
Animal Control Supervisor
Bus Driver
Code Enforcement Officer
Community Services Officer/Dispatcher 1/11
Crime Analyst
Executive Police Assistant
Fire Administrative Assistant VII
Fire Senior Administrative Assistant
Forensic Services Supervisor
Housing Technician
ID and Property Technician
Kennel Attendant
MIS Support Technician
Police Administrative Secretary
Police Communications Supervisor
Police Customer Service Representative
Police Parking Control Officer
Police Records Supervisor
Public Information Officer
Recreation Program Coordinator
Senior Building Maintenance Worker
Senior Code Enforcement Officer
Senior Information Systems Technician
Senior Recreation Program Coordinator
Video Production Technician
20
fit
APPENDIX B
LAYOFF JOB GROUPINGS
62 Executive Police Assistant
59 Crime Analyst
58 Public Information Officer
56 Police Records Supervisor
54 Senior Recreation Coordinator
50 Fire Senior Administrative Assistant
0 Dousing Technician
50 Recreation Program Coordinator
47 Police Administrative Secretary
43 Fire Administrative Assistant II
43 Police Customer Service Representative
42 Video Production Technician
39 Fire Administrative Assistant I
8 Police Parking Control Officer
8Y Bus Driver
------------------------------------------------------------------------------
56 Animal Control Supervisor
43 Animal Control Officer
38Y Bus Driver
5 Kennel Attendant
-------------------------------------------------------------------------------
64 Forensic Services Supervisor
56 Police Records Supervisor
53 Police Communications Supervisor
51 I.D. Technician
47 CSC /Public Safety Dispatcher H
43 CSO/Public Safety Dispatcher I
43 Police Customer Service Rep
3Police Parking Control Officer
38'xBus Driver
. -__y _-_ - 4 ---atio�n Systems Technician
59 SeniorInformation __
55 MIS Support Technician
----------------------------------------------------------__-_--------___-- --
5 Senior Code Enforcement Officer
55 Code Enforcement Officer
--------------------------- --------_--_----- -----n---_-_-----___----__-_r--s-
4Building Maintenance Worker
1
East Valley COMPASS Initiative, approved an additional appropriation of the
same to the Police Department LO fund management and personnel costs of this
initiative, and authorized the Mayor and City Clerk to sign all necessary
documents related to this subject,
Funds - Police Vehicle - On motion of Councilmernber Harrison, seconded by
Councilmember Gil, the= City Council unanimously approved an additional
appropriation of $18,967.50 using asset forfeiture funds and authorized the
purchase of one unmarked police vehicle.
Funds - Operation Grace - Cool Center for Seniors - On motion of
Councilmember Harrison, seconded by Councilmeniber Gil, the City Council
unanimously accepted and authorized the expenditure of a $6,900.00 grant from
Operation Grace, acting as administrator for the California Public Utilities
Commission to provide a Cool Center for senior citizens.
Contract - Animal Control Trucks - On motion of Councilmember Harrison,
seconded by Councilmember Gil, the City Council unanimously awarded a bid
for the purchase of two animal control trucks and accessories to Redlands Ford
in the amount of$73,117.22.
MOU - DAME - On motion of Councilmember Harrison, seconded by
Councilmember Gil, the City Council unanimously ratified the Memorandum of
Understanding (iv OU) with the Redlands Association of Management
Employees (RAME) and authorized the Mayor and City Clerk to execute the
document on behalf of the City.
MOU - RAMME - On motion of Councilmember Harrison, seconded by
Councilmember Gil, the City Council unanimously ratified the Memorandum of
Understanding (MOO) with the Redlands Association of Mid-Management
Employees (RAMME) and authorized the Mayor and City Clerk to execute the
document on behalf of the City.
MOU -,,-BCSEA - On motion of Councilmember Harrison, seconded by
Councilmember Gill the City Council unanimously ratified the
Memorandum of Understanding �MOU) with the Redlands Civilian Safety
Employees Association (RC A) and authorized the Mayor and City Clerk
to execute the document on behalf of the City.
Comr)ensation - City Treasurer and City Clerk - On motion of Councilmember
Harrison, seconded by Councilmember Gil, the City Council unanimously
approved the requests front the City Treasurer and City Clerk and granted them
the same salary increases and benefits as were approved for the members of the
Redlands Association of Management Employees. Approval included
$25,000.00 life insurance, $225.00 yearly for vision care, and salary increases as
follows: 5 percent effective July 2004, 3 percent effective July 2005, 2 percent
October 5, 2004
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