2019-09 MOU between SDWD & Service Employees (SEIU) RESOLUTION 2019-09
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN DIEGUITO WATER
DISTRICT AUTHORIZING THE CITY MANAGER OR DESIGNEE(S) TO EXECUTEA
MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGUITO WATER
DISTRICT AND SERVICE EMPLOYEES INTERNATIONAL UNION(SEIU) LOCAL 221
WHEREAS, representatives for the Water District and SEIU Local 221 have met and
bargained in good faith regarding wages, benefits, working conditions and a successor
Memorandum of Understanding (Exhibit A) between the San Dieguito Water District and SEIU
Local 221; and
WHEREAS, the San Dieguito Water District and SEIU Local 221 have reached an
agreement on certain changes in wages, benefits and working conditions which are
incorporated in the Memorandum of Understanding between the San Dieguito Water District
and SEIU Local 221.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the San Dieguito
Water District that the City Manager or designee(s) is hereby directed and authorized to execute
the Memorandum Understanding between the San Dieguito Water District and SEIU Local 221.
PASSED AND ADOPTED, by the Board of Directors of the San Dieguito Water District,
this 19th day of June, 2019 by the following roll call vote:
AYES: Blakespear, Hinze, Kranz, Mosca
NAYS: None
ABSENT: Hubbard
ABSTAIN: None
Catherine hakes p , Vice-President
ST:
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M of ANpJune 30, Zo23
MEM�R INS
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G SERA GE EMP OYEES INTERNPTIONA
MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE
CITY OF ENCINITAS / SAN DIEGUITO WATER DISTRICT.(SDWD)
AND THE
SERVICE EMPLOYEES INTERNATIONAL (SEIU.), LOCAL 221
TABLE OF CONTENTS
ARTICLE 1. PREAMBLE AND IMPLEMENTATION ..................................................................1
RIGHTS AND RESPONSIBILITIES
ARTICLE 2. RECOGNITION .......................................................................................................1
SECTION 2.1 EXCLUSIVE RECOGNITION .......................................................................................1
SECTION2.2 BARGAINING UNIT CLASSIFICATIONS ........................................................................1
SECTION2.3 WORKING SUPERVISORS IN THE BARGAINING UNIT.....................................:...............2
SECTION 2.4 CONFIDENTIAL POSITIONS .....................................................................:...............2
SECTION 2.5 CONFIDENTIAL WORK ASSIGNMENTS .....................................................................2
ARTICLE3. EMPLOYEE RIGHTS ..............................................................................................3
ARTICLE 4. UNION RIGHTS .......................................:..............................................................3
SECTION4.1 STEWARDS..........................................:................................................................3
SECTION 4.2 BULLETIN BOARDS AND POSTINGS ..........................................................................5
SECTION4.3 ACCESS................................................................................................................5
SECTION 4.4 USE OF PREMISES..................................................................................................6
SECTION 4.5 TIME OFF TO MEET AND CONFER..............................................................1...............6
ARTICLE5. UNION SECURITY ..................................................................................................6
SECTION 5.1 DUES DEDUCTIONS................................................................................................6
SECTION 5.2 INDEMNIFICATION ..................................................................................................6
ARTICLE6. NO STRIKE .................:...........................................................................................6
ARTICLE 7. MANAGEMENT RIGHTS .........................................................................................6
SECTION 7.1 MANAGEMENT RIGHTS............................................................................................6
SECTION7.2 WORK RULES.........................................................................................................7
SECTION 7.3 PROVISIONS OF LAW..............................................................................................7
PAY AND OVERTIME
ARTICLE8. SALARY .................................................................................................................7
SECTION 8.1 MERIT STEP INCREASES .........................................................................................7
SECTION 8.2 MULTIPLE RANGE CLASSIFICATIONS ........................................................................8
SECTION 8.3 ADJUSTMENTS TO APPENDIX A-LIST OF MONTHLY SALARY RANGES.........................10
ARTICLE 9. OVERTIME AND COMPENSATORY TIME ..........................................................10
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SECTION9.1 OVERTIME ......................... ..............................................I...................................10
SECTION 9.2 COMPENSATORY TIME .................... -.^----..................................................11
SECTION 9.3 CONVERSION OF COMPENSATORY TIMETOCA8H-------------__-..11
SECTION 9.4 MEAL ALLOWANCE.................... ...........................................................................12
SECTION 9.5 TIME PAID BUT NOT WORKED -...,.-...---..-..-.--.---....-'12
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ARTICLE10 CALLBACN[pAY ..................................................................................................12
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SECTION 10.1 RATE OF PAY FOR CALL BACK ...........................................................................12
SECTION 10.2 DOUBLE TIME AFTER MIDNIGHT .............................................................. ............13
SECTION 10.3 DOUBLE TIME FOR HOLIDAYS AND SUNDAYS.........................................................13
SECTION 10.4 PAID TRAVEL TIME ..............................................................................................13
SECTION 10.5 CONTINUATION OF THE WORK DAY ........................................................r---.13
ARTICLE 11. STANDBY -._-.__-_-----------.-----............._~...13
SECTION11.1 STANDBY PAY ...................................................................................................14
SECTION 11.2 STANDBY REQUIRED ...........................................................................................14
SECTION 11.3 RESPONSE TIME................................................................................................14
ARTICLE 12. BILINGUAL PAY .................------_----.--......~.~...^-14
SECTION 12.1 COMPENSATION ------------------.-------------15
SECTION 12.2 METHODOLOGY.................................................................................................15
SECTION 12.3 TRANSFERS 0R PROMOTIONS.............................................................................15
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SECTION 12.4 DESIGNATION AT TIME OF RECRUITMENT ..............................................................15
ARTICLE 13. CERTIFICATION PAY...........................................................................................15
NOTARY
SECTION 13.1 COMPENSATION ...............................................................................................15
SECTION 13.2 TRANSFERS OR PROMOTIONS ...........................................................................15
SECTION 13.3 DESIGNATION AT TIME OF RECRUITMENT............................................................i6
CLASS"A" DRIVERS
SECTION 13.4 REQUIRED TO HAVE CLASS"A"DRIVER'S LICENSE ................................................16
SECTION 13.5 RECERTIFICATION PAYMENT ----------....--------.----..16
SECTION 13.6 TWO YEAR CYCLE FOR RECERTIFICATION PAYMENTS ----.-------.-.-16
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ARTICLE 14. TEMPORARY UPGRADING QF EMPLOYEES ...................................................18
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SECTION 14.1 ACTING PAY STEP DETERMINED ------.--------.-----.-.-.
SECTION14.2 ELIGIBILITY FOR ACTING PAY -----....-------.------..---17
SECTION 14.3 PERFORMANCE EVALUATION SCHEDULE .................................... ..........................17
SECTI(]N14.4 DURATION OF ACTING ASSIGNMENT ---...-------...-----...-..17 �
INSURANCE '
AND RETIREMPENT
ARTICLE15. RETIREMENT ........................................................................................................17
SECTION 15.1 DEFERRED COMPENSATION -----.--------------------_18
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SECTION 15.2 PERS ---------------------x.18
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SECTION 15.3 PERS ...................- .......................... ............................1g
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SECTION 15.4 PERS CONTRIBUTIONS(MISCELLANEOUS ............. -------.-20 '
SECTION 15.5 PERS -------.--------.--20
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SECTION 15.6 SUPPLEMENTAL RETIREMENT PAY............................................................... .......20
ARTICLE 16. INSURANCE .........................................................................................................22
SECTION 16.1 EMPLOYER'S CAFETERIA PLAN./FLEXIBLE BENEFIT PLAN CONTRIBUTION ....;--.`-.22
SECTION 16.2 PART-TIME EMPLOYEES ......................... ............................................................23
SECTION 16.3 MEDICAL INSURANCE............................................................................................23
SECTION 16.4 OTHER|NSURANCE -------.--..-..-.~----.--------..23
SECTION 16.5 GYM MEMBERSHIP ......................................................................................24
� SECTION 16.6 CASH OUT ........................................................................................................24
SECTION 167 SHORT TERM DISABILITY INCOME PROTECTION PLAN /IPpi....................................24
VACATIONS, HOLIDAYS AND LEAVES
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ARTICLE 17. VACATION ....,,.-..------.-------....._....~._----...---.....25
SECTION17.1 METHOD...........................................................................................................25
SECTION 17.2 INDIVIDUAL EXCEPTIONS TO VACATION ACCRUAL RATES........................................25
SECTION17.3 SCHEDULING.....................................................................................................25
SECTION 17.4 MAXIMUM ACCRUAL ..........................................................................................25
SECTION 17.5 HOLIDAYS DURING VACATION .............................................................................2O
SECTION 17.6 HOLIDAYS WORKED ...........................................................................................26
SECTION 17.7 HOLIDAY 0N REGULAR DAY OFF...........................................................................25
SECTION 17.8 BIWEEKLY ACCRUAL .........................................................................................25
SECTION 17.9 PART-TIME EMPLOYEES .....................................................................................2h
SECTION 17.10 CONVERSION OF VACATION TIME T0 CASH ...........................................................27
ARTICLE 18. HOLIDAYS ............................................................................................................28
SECTION 18.1 FIXED HOLIDAYS ...............................................................................................28
SECTION 18.2 FLOATING HOLIDAYS ..........................................................................................29
SECTION 18.3 HOLIDAYS WORKED ...........................................................................................2S
SECTION 18.4 HOLIDAYS AND ALTERNATIVE WORK SCHEDULES .......................... ............ .........29
SECTION 18.5 HOLIDAY AND REGULAR DAY OFF ........................................................................30
� SECTION 18.6 PART-TIME .......................................................................................................30
ARTICLE 19. [EJUVES ..-----..-.-------.....-----~^~-''------^^^'-.30
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SECTION 19.1 JURY/COURT LEAVE .--------.--------..------.,.-.--..
SECTION 19.2 BEREAVEMENT LEAVE------------------..------..--..31
SECTION 19.3 MILITARY LEAVE.................................................................................................32
SECTION 19.4 PAID LEAVE FOR FAMILY MEMBER ILLNESS ----....----..-----...32
SECTION 19.5 UNPAID FAMILY AND MEDICAL LEAVE ------..-----..-----.--.34
SECTION 19.6 LEAVE WITHOUT PAY ..................... ...................................................................34
SECTION 19.7 CATASTROPHIC LEAVE DONATION PROGRAM ........................................................35
SECTION 19.8 GENERAL ELECTION LEAVE.....................................................................35
SECTION 19.9 ADMINISTRATIVE MANUAL/PERSONNEL RULES ABOUT LEAVE PROCEDURES ---.3h
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EMPLOYMEN T PROVISIONS 'ARTICLE 20. TUITION ASSISTANCE ~_,.~,,,.__,_______,~_,~,,,^.~,_____._38
SECTION 20.1 MAXIMUM REIMBURSEMENT................................................................................36
SECTION 20.2 APPROVAL PROCESS .............................................................. ............................36
SECTION20.3 FUNDING...........................................................................................................3b
SECTION 20.4 ELIGIBILITY CRITERIA -..------..-------------..-..--..37
SECTION 20.5 COURSEVVORKREOU|REMENTS ---..------------..------..37
SECTION 20.6 CONTINUED EMPLOYMENT REQUIRED -------.-.------_----..37
ARTICLE 21. REIMBURSEMENT FOR THE USE QF PUBLIC TRANSPORTATION ...............37 .
SECTION 21.1 MAXIMUM REIMBURSEMENT ---.....---------..--------...37 '
SECTION 21.2 TRIAL PROGRAM OF UNDETERMINED DURATION ......................................... ..........38
ARTICLE 22. WORKPLACE SAFETY ........................................................................................38
SECTION 22.1 DOT DRUG TESTING ...........................................................................................38
SECTION 22.2 FITNESS FOR DUTY EVALUATION -----------.-----.--.---.38
SECTION 22.3 RETURN TO WORK MEDICAL RELEASE..................................................................38
SECTION 22.4 RESTRICTIONS ..---------..-----------.-------~'39
SECTION 22.5 UNIFORMS AND SAFETY EQUIPMENT ....................................................................39
SECTION 22.6 UNSAFE EQUIPMENT ----.--------------------..---.39
SECTION 22.7 HEAVY LIFTING ----------------------.---------40
SECTION 22.8 DRIVING RECORD PULL PROGRAM ----------.-----.----.-..40
SECTION 22.9 INDIVIDUAL EXEMPTIONS FROM THE DRIVING RECORD PULL PROGRAM ------.4U
ARTICLE 23. PROBATIONARY PERIOD ...................................................................................40
SECTION 23.1 INITIAL APPOINTMENT PROBATIONARY STATUS ....................................................40
SECTION 23.2 CALCULATION 0F THE 2O80 HOUR PROBATIONARY PERIOD -..---------.41
SECTION 23.3 PROMOTIONAL PROBATIONARY STATUS ...............................................................41
SECTION 23.4 PROBATIONARY PERIODS -----------------.---------.41
SECTION 23.5 GRIEVANCE PROCEDURE EXCLUSION ---_-----------------..41
ARTICLE 24. OUTSIDE EMPLOYMENT ..... ..............................................................................42
SECTION241 LIMITATIONS................................................................................. ....................42
ARTICLE 25. PERFORMANCE EVALUATIONS -......----...-------..----...42
SECTION 25.1 PERFORMANCE EVALUATION SCHEDULE --------------------.42
SECTION 25.2 LATE EVALUATIONS ----..------.------------.-----42
SECTION 25.3 APPEAL PROCEDURE -----------------------------..43
SECTION 25,4 PERFORMANCE IMPROVEMENT PLAN .--.---------..-----..-.4J
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SECTION 25.5 PERFORMANCE EVALUATION SCHEDULE PROMOTIONAL PROBATIONARY EMPLOYEES 44
SECTION 25.6 PERFORMANCE EVALUATION SCHEDULE TEMPORARY UPGRADED EMPLOYEES ........44
ARTICLE26. LAYOFF ..................... ..........................................................................................45
SECTION 26.1 REASONS FOR LAYOFF ----.-----------.-----------..45
SECTION 26.2 NOTICE 0FLAYOFF ----------.-----..----..----.---.45
SECTION 26.3 ORDER OFLAYOFF -----------,-.----------------..45
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SECTION26.4 SENIORITY ................................:.....................................................................45
SECTION 26.5 LAYOFF BUMPING .................................................................................:............46
SECTION 26.6 DETERMINING PAY RATE AFTER DEMOTION AS THE RESULT OF LAYOFF ...................47
SECTION26.7 REEMPLOYMENT LISTS ....................................:.................................................48
SECTION 26.8 PART-TIME REGULAR EMPLOYEES ......................................................................48
SECTION 26.9 CITY OF ENCINITAS AND SAN DIEGUITO WATER DISTRICT ......................................48
ARTICLE 27. HOURS OF WORK/ALTERNATIVE WORK SCHEDULES ................................48
SECTION 27.1 FORTY HOUR WEEK ..........................................................................................49
SECTION 27.2 TIME FOR WORK RELATED TRAVEL .....................................................................49
SECTION 27.3 NORMAL WORK SCHEDULES ...............................................................................49
SECTION 27.4 DESIGNATION OF REGULAR WORKWEEK .............................................................49
SECTION 27.5 NOTICE STANDARDS .........................................................................................50
SECTION 27.6 CHANGES TO THE FAIR LABOR STANDARDS ACT ...................................................51
ARTICLE 28. TEMPORARY EMPLOYEES ................................................................................51
SECTION 28.1 USE OF RESERVE, INTERIM OR CONTRACT EMPLOYEES ........................................51
SECTION 28.2 LIMITED ASSIGNMENTS ......................................................................................51
SECTION 28.3 UNION NOTIFICATION .........................................................................................52
ARTICLE 29. DISCIPLINARY ACTION ......................................................................................52
SECTION29.1 GOOD CAUSE ...................................................................................................52
SECTION 29.2 PROBATIONARY STATUS ..................................................... .......................... 52
SECTION29.3 DUE PROCESS ..................................................................................................52
ARTICLE 30. GRIEVANCE PROCEDURE .................................................................................53
SECTION30.1 PURPOSE .........................................................................................................53
SECTION 30.2 GRIEVANCE DEFINED ........................................................................................53
SECTION 30.3 NON-DISCIPLINARY SEPARATION FROM EMPLOYMENT ...........................................53
SECTION 30.4 PRELIMINARY DISCUSSION .................................................................................54
SECTION 30.5 GRIEVANCE CRITERIA ........................................................................................54
SECTION 30.6 GRIEVANCE PROCEDURE STEPS ........................................................................54
SECTION 307 GRIEVANCE PROCEDURE EXCLUSIONS ................................................................56
SECTION 30.8 ELIGIBLE EMPLOYEES .........................................................................:.............56
SECTION30.9 WITNESSES .....................................................................................................56
SECTION 30.10 COMBINED GRIEVANCES ....................................................................................56
SECTION 30.11 EXTENDED TIME LIMITS .....................................................................................57
SECTION 30.12 LIMITED EFFECT ...............................................................................................57
SECTION 30.13 RETALIATION PROHIBITED .................................................................................57
SECTION 30.14 GRIEVANCE PROCEDURE PUBLISHED ..................................................................57
ARTICLE 31. LABOR-MANAGEMENT COMMITTEE .............................................................57
SECTION31.1 MEMBERSHIP ...................................................................................................57
SECTION 31.2 MEETING SCHEDULE .........................................................................................58
SECTION 31.3 ADMINISTRATIVE MANUAL REVISION PROJECT ......................................................58
PROCEDURAL
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ARTICLE 32. SEVERABILITY CLAUSE .................................................:..:...............................58
ARTICLE 33. TERM I DURATION ..............................................................................................58
SIGNATURE PAGE.......................................................................................................................59
APPENDICES
APPENDIX A: CLASSIFICATIONS REPRESENTED BY SERVICE EMPLOYEES
INTERNATIONAL UNION-LOCAL 221...........................................................60
APPENDIX B: LIST OF FORMER ENCINITAS FIRE PROTECTION DISTRICT EMPLOYEES
ELIGIBLE FOR SUPPLEMENTAL RETIREMENT PAY....................................69
APPENDIX C: INCOME PROTECTION PLAN (IPP) INSURANCE...........................................70
(CITY OF ENCINITAS ADMINISTRATIVE MANUAL POLICY P002)
IMPLEMENTATION RESOLUTIONS
CITY OF ENCINITAS RESOLUTION NO.2019-48
CITY OF ENCINITAS RESOLUTION NO.2019-49
CITY OF ENCINITAS RESOLUTION NO.2019-50
SAN DIEGUITO WATER DISTRICT RESOLUTION NO.2019-09
SAN DIEGUITO WATER DISTRICT RESOLUTION NO.2019-10
SAN DIEGUITO WATER DISTRICT RESOLUTION NO.2019-11
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MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE
CITY OF ENCINITAS / SAN DIEGUITO WATER DISTRICT (SDWD)
AND THE
SERVICE EMPLOYEES INTERNATIONAL (SEIU), LOCAL 221
ARTICLE 1. Preamble and Implementation
The wages, hours and conditions of employment that are set forth 'in this Memorandum
of Understanding (MOU) have been discussed and jointly proposed by and between the
City of Encinitas / San Dieguito Water District (hereinafter called City or City of Encinitas
or employer) and Service Employees International Union - Local 221 (hereinafter called
Union or SEIU) and shall apply to all regular employees of the City of Encinitas and San
Dieguito Water District working in the classifications set forth in Appendix "A."
Upon adoption of implementing resolutions and ordinances by the City of Encinitas City
Council and San Dieguito Water District Board of Directors, all the terms and conditions
of this document so incorporated shall become effective without any further action by
either party.
ARTICLE 2. Recognition
The City of Encinitas hereby recognizes SEIU, Local 221 as the bargaining
representative for all its members employed by the City of Encinitas and the San
Dieguito Water District to.the fullest extent allowable under the California; law applying to
public-employees. As public employees, such employees shall have the right to
discuss individual problems of employment with supervisors and officials of the City of
Encinitas. ...
Section 2.1 Exclusive Recognition
As the exclusively recognized employee organization for this bargaining unit, SEIU is
the sole employee organization representing unit employees and having the right to
meet and confer in good faith concerning all matters pertaining to employment
conditions and employer-employee relations, including but not limited to wages,
hours and other terms and conditions of employment except however, that the
scope of representation shall. not include consideration of the merits, necessity or
organization of any service 'or activity provided by law or executive order. SEIU
assumes the corresponding obligation of fairly representing such employees:
Section 2.2 Bargaining Unit Classifications
The list of classifications assigned to this bargaining unit is found at Appendix "A" to
this document. The City of Encinitas, in conformance with Section 8 of the City's
Employer-Employee Relations -Resolution, retains authority to allocate new
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classifications or positions delete eliminated classifications or positions, and retain,
reallocate or delete modified classifications or positions from bargaining units. The City
.shall notify SEIU and provide the _ opportunity for discussion before such actions
are taken. Should any reallocation, deletion, or modification of classifications result in
a change or changes to terms and conditions of employment for a classification(s) in
the certified bargaining unit, the parties shall meet and confer at the Union's request.
Upon assignment of a newly created classification to the bargaining unit, the City shall
provide a notice and opportunity to meet and confer over the wages and benefits of
the new classification. The notice will be sent to all officers of the chapter and to SEIU
Local 221 attention: Office of the President. The Union shall have two weeks (14
calendar days) to respond to the City's notice.
Section 2.3 Working Supervisors in the Bargaining Unit
Working supervisors have been included in this recognized bargaining unit of general
employees. A working supervisor is defined as an employee who does the same work
as the supervised.employee most of the time and supervises only one.-classification of
subordinates(s) (without regard to the levels, within the classification). Working
supervisors do not perform management or labor relations confidential work. Utility
and Maintenance Field Supervisor is an example of a working supervisor classification
included in this recognized bargaining unit for general employees.
A. Working supervisors will not be required to pay agency shop fees for
bargaining unit representation. However, working supervisors may elect to pay
membership dues.
B. Working supervisors may not participate in a Union Representative role in'matters
of disciplinary . action or grievance processing for employees they directly
supervise. At the discretion of management, working supervisors maybe called
upon to participate in a managerial/supervisory role in matters of disciplinary
action for employees they directly supervise. Also, working supervisors may be
called upon to assist management or represent management in the adjustment of
grievances.
Section 2.4 Confidential Positions
Confidential assignments are those which employees, in the course of their duties, have
access to confidential information relating to the City's administration of employer-
employee relations. Should the City determine to increase the number of confidential
employees by removing them from the bargaining unit, the parties shall meet and confer
at the Union's request.
Section 2.5 Confidential Work Assignments
The City may from time-to-time designate certain employees in this bargaining unit to
conduct labor relations research related to classifications/employees represented either
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by this bargaining unit or other bargaining units, serve as confidential management
representatives in the meet and confer process with other_ bargaining units,. and to
conduct investigations on behalf of management into matters that may result in
disciplinary actions for members of this bargaining unit. Should the City determine to
make such a confidential labor relations work assignment to an employee working in one
of the classifications. listed 'in Appendix "A," the City shall. provide written .notification to
the Union indicating the anticipated duration of the represented employee's.confidential .
labor relations assignment. After the City provides the Union with such notification, the
Union will continue to have a duty to provide the employee with individual representation
and any payroll deduction of Union membership dues authorized by the employee may
continue. However, during the period of the confidential labor relations assignment, the
bargaining unit employee designated to perform a confidential labor relations assignment
will be prohibited from discussion of confidential labor relations matters with the .
exception of confidential staff. An employee designated as having a confidential labor
relations assignment may be subject to disciplinary action for any violation of
confidentiality.
ARTICLE 3. Employee Rights -
Employees shall have all rights granted to public employees under California law.
Employees shall have the right to form, join and participate in the activities of employee
organizations of their own choosing for the purpose of representation on all matters of
employer-employee relations. Employees also have the right to refuse to join or
participate in the .activities of the employee organization and shall have the right to
represent themselves individually in their employment relations with the City. No
employee shall be interfered with, intimidated, restrained, coerced, or discriminated
against by the City or by the Union because of their exercise of their rights under this
provision.
ARTICLE 4. Union Rights
Section 4.1 Stewards
The Union may designate stewards to investigate grievances, disciplinary appeals
and other work-related appeals and to represent employees in the processing of
grievances and appeals.
A. Pre-.grievance problem solving. It is expected that as an alternative to the formal
.grievance procedure, stewards will occasionally and routinely,use reasonable
paid release time to assist represented employees in resolving work related
problems, adjusting complaints, conducting preliminary investigations, and
meeting with involved parties. It shall be the responsibility of stewards to reach
advanced mutual agreement with their supervisors prior to leaving their work.
areas any for any significant use of paid release time for such pre-grievance
problem . solving. Supervisors are encouraged to reasonably accommodate
stewards' requests for paid release time for pre-grievance problem solving.
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B. Filed grievance. After notifying and receiving approval of their immediate
supervisors, stewards shall be allowed reasonable time during working hours
(without loss: of pay) to investigate, prepare and present filed. grievances and
appeals. The immediate supervisor will authorize the steward to leave work
unless there is a reason to refuse such permission, in which case, the
immediate supervisor shall inform the steward of the reasons for the denial and
establish an alternative time when the steward can reasonably expect to be
released from the work assignment..
C. In-Person On-Boarding Meetings
The City agrees that each newly hired employee shall be invited to participate in
an in-person on-boarding meeting with City Human Resources personnel,
within the first fourteen (14) calendar days from their date of hire during regular
working hours and onsite without loss in compensation. The City will provide at
least 10 days advance notice of the on-board meeting by email to the Union
President.
Each newly hired` employee, as part of her or his in-person on-boarding
meeting(s), will attend a sixty (60) minute session, conducted by the Union, at
the conclusion of any on-boarding meeting without loss in compensation.
Union designee(s), including, but not limited to, Authorized Union
representative(s), officers, stewards, and members, shall conduct the sessions
covered under this agreement. However, release time shall be granted only to
one City employee to conduct this meeting.
D. Release Time
The City shall grant a Union designee release time, including reasonable time
for travel and set up, without loss in compensation to conduct the Union
presentation at the on-board meeting.
E. Employee Information
The City shall provide the Union in malleable electronic format, with the name,
job title, department, work location, work, home, and personal cellular telephone
numbers, personal email addresses on file with the employer, and home
address of any newly hired employee within 30 days of the date of hire or by the
pay date for the first pay period of the month following hire, whichever is later
and the public employer shall also provide the exclusive representative with a
list of that information for all employees in the bargaining unit at least every 120
days unless more frequent or more detailed lists are required by an agreement
with the exclusive representative. Further, the City shall no longer provide
employees the employee information opt-out form.
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F. Notice of Newly Hired Emplovee(s)
The City shall provide the Union an electronic: list of newly hired employees
expected to be participant(s) at least forty-eight (48) hours in advance of the on-
boarding meeting.
G: Neutrality
The City representatives shall be absent from the room during any sessions,
meetings, or trainings, conducted by the Union, with Newly Hired Employees.
H. Facility and Resource Access
The Union shall have the right to access and use the City's facilities and audio-
visual equipment to conduct its session with newly hired employees as
described in this section. -
Section 4.2 Bulletin Boards and Postings
A. The City will.provide bulletin boards for the exclusive use of the Union for the
following worksite locations:
(1) City Hall: South side of building in hallway between unisex bathroom
and electrical room.
(2) City Hall: North side of building outside break room across from
the City's regular bulletin board.
(3) Community Center: Inside the Work Room
(4) Lifeguard: Moonlight Beach tower or garage.
(5) Public Works: Break room on east side of building on interior north
wall.
(6) Waste Water Collection: Trailer on south side interior wall.
B. The City will post all recruitment bulletins on the City's internet website.
Section 4.3 Access
Authorized Union representatives will be granted access to City locations where unit
members work following notification to the City Manager or designee provided such
access does not unduly interfere with the work.
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Section 4.4 Use of Premises
The City/District shall provide meeting space for the Union upon request provided
that adequate notice was given to the City.
Section 4.5 Time Off to Meet and Confer
No more than five (5) employees will be allowed reasonable time off without-loss of
compensation or benefits when formally meeting and conferring with representatives of
the City on matters within the scope of representation. It may be determined by prior
mutual agreement that there are specific meet and confer sessions which warrant
scheduled participation by additional employee representatives with specialized
expertise or unique interests in designated topics.
ARTICLE 5. Union Security
Section 5.1 Dues Deductions
Membership dues and such other fees as may be properly requested and lawfully
permitted shall be deducted by the City from the salary of any employee who files with
the City a written, authorization requesting that such sums be deducted as the Union
may from time to time certify to the City. Remittance of the aggregate amount of
dues and other deductions made from the salaries of bargaining unit members shall be
made to the Union by the City as promptly as practical.
Section 5.2 Indemnification
The Union shall indemnify and hold harmless the City in the event of civil claim or
civil suit or criminal complaint or other action against the City in regard to payroll
deductions for Union dues.
ARTICLE 6. No Strike
It is agreed that there will be no strikes, slowdowns, or other work stoppages during the
term of this Memorandum of Understanding.
ARTICLE 7. Management Rights
Section 7.1 Management Rights
Management retains, exclusively, all its inherent rights, functions, and duties. The rights
of management include, but are not limited to, the exclusive right to determine its
organization; direct the work of its employees; determine the times and hours of
operation; determine the level, means, and kinds of services to be provided; establish
its policies, goals, and objectives; determine staffing patterns; determine the number
and kinds of personnel required; contract out work, transfer work out of the unit;
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maintain the efficiency of City and subsidiary district operations; build move - or
modify facilities; establish budget procedures and determine budgetary allocation;
determine the methods of raising revenue; hire, classify,.assign, evaluate; promote, lay
off, terminate and discipline employees;.and take action on any matter in the event of
an emergency. Further, the City shall exercise complete control and.discretion over its
organization and the technology of performing its work.
Section 7.2 Work Rules
.Work unit supervisors retain the right to make and enforce reasonable work rules.
Section 7.3 Provisions of Law
This document establishing terms and conditions , of employment for employees in
the bargaining unit represented by Service Employees International Union is
subject to all current and future Federal, State and local laws and regulations. If any
part or provision of this document-is in conflict or inconsistent with such applicable .
provisions of Federal, State or .local laws and regulations, such part or provision. shall
be suspended and superseded. Should changes to Federal, State or local laws and
regulations require changes to the terms and conditions of employment,covered by this
document, the City and the Union will meet and confer on the effects of such changes.
ARTICLE 8. Salary
The salary range for each classification represented in the bargaining unit is listed in
Appendix "A' of this Memorandum of Understanding.
Section 8.1 Merit step increases
The pay plan provides for several merit pay steps of approximately 5% within the pay
range for each classification.
Each employee may advance from the pay,step at the beginning of their salary range
to the pay step at the top of the salary range for their classification on the basis of
supervisory evaluations of job performance. Article 25 (Performance Evaluations) of
this Memorandum of Understanding lists the performance evaluation schedule for new
employees. Supervisors shall evaluate . employee performance according to a
procedure determined unilaterally by the City and published as a provision of the
Personnel Rules or Administrative Manual
The employee shall be granted a pay step advancement (approximately 5%) with each
successful EMPLOYEE JOB PERFORMANCE EVALUATION that certifies that the
employee.meets job performance standards and expectations. However, such pay step
advancements shall not exceed the top of the pay range for the employee's
classification.
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Section 8.2 Multiple Range Classifications
The City may determine to make an advancement of an employee in the following
multiple level classifications:
Accountant 1./ II / III
Code Enforcement Officer 1 / II / III
Code.Enforcement Supervisor
Deputy Fire Marshall I / II
Engineer 1 / 11
Engineering Specialist 1 / II / III
Facilities Supervisor
Finance Technician I / II / III
GIS Analyst I / 11 / III
GIS Technician 1 / II
Heavy Equipment Mechanic I / II / III
Information Technology Analyst 1 / II / III
Information Technology Technician 1 / II
Parks & Beach Supervisor I / II
Planner I / 11/ III / IV
Program Assistant I / II / III
Recreation Supervisor 1 / II
Stormwater Environmental Specialist I / II / III
Utility & Maintenance Specialist I / 11
Utility & Maintenance Technician I / II / III / IV
Water Conservation Specialist I / II
A. Advancement criteria.. Department Directors shall be responsible for determining
the criteria (within consistent City-wide standards) for employee 'advancement to
higher level(s) in each of the multi-level classifications. Department Directors
shall also be responsible for reviewing and updating such criteria on a timely
basis. The criteria will be in writing and available for inspection by affected
employees. A copy of the current advancement criteria for each multi-level
classification will be on file with the Human Resources Department. In the
absence of postings on a City-wide intranet, Human Resources representatives
will provide an informational copy of the current advancement criteria and any
subsequent changes for each multi-level classification to the Union's Encinitas
Local Chapter President.
The advancement criteria on the intranet at the time of an employee's request for
advancement shall be used to make the determination if advancement is
recommended.
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B. Appeal of determination not to advance an employee. The Department Director's
lack of action or determination not to advance an employee within a multi-level
classification is specifically excluded from the grievance procedure.
Step 1: Employee's Verbal Inquiry.
The employee initiates the - appeal process by inquiring of the
immediate supervisor about whether the employee should be advanced
to a higher level in the employee's multi-level classification. The
employee should explain to the supervisor the employee's 'reason for
thinking that it would be appropriate to advance the employee to the
higher level in the multi-level classification.
In the absence of advancement criteria established by the department for
the employee's multi-level classification, the department shall establish
written criteria (consistent with City-wide standards) for the classification
within 45 calendar days of the employee's initial verbal inquiry.
In the event the department determines that modification of the established
criteria for the employee's multi-level classification is necessary before
addressing the employee's inquiry, the department shall complete the
modification (consistent with City-wide standards) of such criteria within 30
calendar days of the employee's initial verbal inquiry.
Step 2: Written Appeal
If the employee's concerns about eligibility for advancement are not resolved
after the employee's verbal inquiry of the supervisor, the employee may file
a written- appeal with the Department Director stating the basis for the
employee's belief that the employee should be advanced to the higher level
within the multi- level classification. The employee may make such a formal
appeal no more than once in any 12-month period. The employee may be
represented by the Union in the processing of this appeal.
Within 15 calendar days of the receipt of the written appeal, the Department
Director will arrange to schedule an appeal meeting with the employee and,
if represented, the employee's Union representative. At the appeal meeting
with the Department Director, the employee and Union representative may.
explain the basis of the appeal to the Department Director.
The Department Director may determine to initiate the advancement of the
employee to a higher level within the multi-level classification as the result of
the information provided at the appeal meeting.- If the Department Director
determines not to advance the employee to a higher level within the multi-
level classification, the Department . Director will provide a written
explanation to the employee. Such a written explanation should be
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provided by the .Depart ment Director within 15 calendar days after the
appeal meeting with the employee.
C. Date of advancement. The employee's Department Director shall be responsible.
(consistent with City-wide standards) for determining when-the employee meets
the criteria.for advancement to a higher level within the multi-level classification..
The Department Director may determine to advance an employee to a higher
level within the employee's classification at any time the employee meets the
criteria for the higher level. Typically, multi-level advancements will be made on
the first day of a new pay period. Typically, retroactive pay adjustments are not
made for multi-level pay advancements.
D. .Pay upon advancement. The employee will be placed at a pay step within the
pay range for the higher level within the classification which increases the
employee's pay rate prior to advancement. The employee's performance
evaluation date does not change ,upon advancement to the higher level within
the classification.
E. Employment status. The employee's personnel system status does not change
when advanced to a higher level within the multi-level classification.. The
employee is not required to serve a new probationary period upon
advancement within the multi-level classification.
Section 8.3 Adjustments to Appendix A— List of Monthly Salary Ranges
The following increases shall be included in the monthly pay ranges for bargaining
unit classifications listed as Appendix "A" to this Memorandum.of Understanding:
July 1, 2019 2%
July 1, 2020 2%
July 1, 2021 2%
July 1, 2022 2%
Note: Calculations of percentages for across-the-board salary increases are based
on the annual pay rate for each classification. The calculation of monthly pay rates
(for Appendix "A") or hourly pay rates will sometimes produce dollar amounts that
are approximate.
ARTICLE 9. Overtime and Compensatory Time
Section 9.1 Overtime
Employees in this bargaining unit shall be compensated under the provisions of the Fair
Labor Standards Act for authorized or ordered work performed over forty (40) hours in a
workweek. Overtime compensation shall be paid at the rate of time and one-half (1.5
times) the regular rate for all hours worked over forty (40) in a workweek.
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A. Overtime worked between midnight (12:00) a.m. and six (6:00) a.m. Employees
authorized or ordered to work between midnight (12:00) a.m. and six (6:00)
a.m. shall: be compensated at double times their regular hourly rate during
12:00 a.m. and 6:00 a.m., provided these hours exceed forty (40) hours in the
employee's work week.
B. Flexing schedule in lieu of overtime. Employees in this bargaining unit shall be
able to select, with prior agreement of their immediate supervisor, to flex their
work schedule within the same work week to reduce their hours to avoid
exceeding forty. (40) hours in the work week. Example: If an employee is
required to extend their work day by four hours on Tuesday, ,that employee
may request to shorten their work day on Thursday of the same work week by
four hours to avoid exceeding forty (40) hours in the work week.
Section 9.2 Compensatory Time
As each overtime assignment is determined by the supervisor, the employee
shall decide whether the employee's compensation for overtime work will be as
overtime pay or compensatory time.
A. Compensatory time earned and taken after the end of the work week shall be at
the rate of time and one-half for every hour worked. The conversion of standby
pay to compensatory time shall be on an hour-for-hour basis.
B. Employees shall be able to accumulate no more than 60 hours of compensatory
time. If an employee's compensatory time is used and reduced below 60 hours,
additional compensatory time earned may be re-accumulated up to the 60 hours
maximum.
C. These compensatory time provisions shall also apply to premium time or
overtime earned as the result of "call b.ack" work as described by Article 10 of
this Memorandum of Understanding.
Section 9.3 Conversion of Compensatory Time to Cash
A. Separation of employment. Upon separation from employment with the City,
an employee shall be entitled to cash out any compensatory time balance
- remaining. Payment of compensatory time balances upon separation from
employment shall be subject to application to debts the employee may owe to
the City (e.g. computer purchase loan). -
B. Annual cash payment. Up to four (4) times each calendar year, during the
first pay period of any quarter, an employee may request cash payment at the
employee's hourly base rate of pay for accrued compensatory time. The total
amount of accrued compensatory time that an employee may cash out in this
manner shall not exceed forty (40) hours in any calendar year.
C. Annual irrevocable election, To comply with IRS regulations, the annual cash
payment contains two key limitations on the option to cash out compensatory
time. Beginning in December 2019 and each December thereafter:
(1) Any employee wishing to cash out leave must make an irrevocable
election to cash out compensatory time in December of the prior calendar
year in which the leave is cashed out.
(2) Only leave accrued during the year in which leave is cashed out is
available to convert to cash.
All remaining elected leave shall be automatically cashed out during the last pay
period of each calendar year. The City will.provide a form to make the election.
For example, employees who want. to cash out compensatory time and/or
vacation time they may earn in 2020 shall provide Payroll an irrevocable election
no later than December 31, 2019.
Section 9.4 Meal Allowance
The City shall pay a meal allowance or provide a meal for employees whenever more
than four (4) consecutive hours of unplanned overtime are worked.
Section 9.5 Time Paid but not Worked
Holiday time, Floating Holidays, Vacation, and Compensatory Time Off not worked
shall be used for overtime computation. Short Term Disability Income Protection Plan,
Paid Leave for Family Member Illness, and Bereavement Leave which is not worked
shall not be used for overtime computation.
ARTICLE 10. Call Back Pay
Whenever an employee is called back after leaving work, the compensation
specified by this Article shall be paid. The City's standardized procedures for call
back pay shall make the following minimum provisions for bargaining unit employees:
Section 10.1 Rate of Pay for Call Back
The employee called back to .work following the completion of their work shift and
departure from their place of employment, shall be granted a minimum of two (2) hours
pay at the applicable rate or shall be paid for all hours actually worked at the applicable
rate, whichever is greater. The called back employee's work day shall not be adjusted
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to avoid the payment of this minimum unless requested by the employee and approved
by the supervisor.
Section 10.2 Double Time after Midnight
Whenever the employee is called back to work the employee will be paid at a rate of
two times the employee's regular rate of pay for all hours worked between 2400.hours
(12:00 a.m./midnight) and 0600 hours (6:00 a.m.).
Section 10.3 Double Time for Holidays and Sundays
Whenever the employee is called back to work during a City paid holiday or Sunday, the
employee shall be paid at the rate of two times the employee's regular rate of pay for
the work performed on Sunday or during the holiday. The two-hour guarantee
applies to call back assignments on holidays and Sundays. Therefore, an employee
called back to work on a holiday or Sunday is guaranteed four hours pay for the first
two hours of the Sunday or holiday call back assignment. Call back work on a holiday
does not affect the full-time employee's regular credit for eight (8) or nine (9) hours of
holiday pay.
Section 10.4 Paid Travel Time
Employees called out on emergencies are compensated from the time they leave
their homes until the time they return to their homes or until their normal shifts begin.
Paid travel time shall be limited to actual travel time or thirty (30) .minutes each
direction, whichever is less.
Section 10.5 Continuation of the Work Day
A. Call back premium pay and the two-hour guarantee shall not be paid for
routine work done as a continuation of the work day, or for planned work
scheduled in advance with the employee, to start a shift early, or for holiday
work scheduled in advance with the employee. Reference Article 27.5 of this
document for notice standards regarding continuation of the workday.
B. In the event of an emergency requiring continuation of the workday, the
additional hours worked in continuation of the workday to resolve the emergency
shall be compensated in the same manner as call back. However, there shall be
no call back guarantee for a minimum of two hours pay for emergency
continuation of the workday. The supervisor shall determine whether the
continuation of the workday is routine or emergency.
ARTICLE 11. Standby
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The City's standardized procedures for standby pay shall make the following minimum
provisions for bargaining unit employees:
Section 11.1 Standby Pay
Whenever an employee is designated for standby duty (required to maintain a state of
readiness and availability to immediately report to work), that employee shall be
compensated for serving standby status at the rate of two (2) hours pay at the regular.
rate for each day (24-hour period) of standby duty.
At the time the employee's time card is processed for payroll, the employee may elect
to convert standby pay on an hour-for-hour basis into compensatory time. The
conversion of standby pay into compensatory time does not increase limits on the
employee's maximum compensatory time balances.
Standby Pay during December holiday closure. Employees on standby during the
holiday closure shall receive three (3) hours of standby pay for the work days not
covered by city paid holidays.
Section 11.2 Standby Required
All field personnel are required to be available to serve in standby status and to work
emergency duty when the office is closed. An employee may be excused from an
individual assignment of standby duty if that employee finds another employee to accept
standby duty.as a substitute. The assignment of a substitute employee to standby duty
is subject to prior approval by the work unit supervisor. The substitute standby
employee must have skills and training acceptable to the work unit supervisor before
a substitute employee for standby duty may be approved.
Section 11.3 Response Time
The City may limit eligibility for designation to standby status to employees within a
designated response time from the job site or within a predetermined driving distance to
the job site. In the absence of a specific maximum response time or driving distance
designation by the work unit supervisor, all field personnel subject to emergency duty
and standby assignments shall respond within thirty (30) minutes, at off peak hours,
of the City job site. Work unit supervisors shall give affected employees at least two
pay periods advance written notice if a response time different than thirty (30) minutes
driving time is to be designated.
ARTICLE 12. Bilingual Pay
The City shall provide procedures to compensate employees designated by the City to
regularly perform duties which require the skilled use of a language other than English.
The City's procedure for bilingual pay and the designation of positions with a business
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requirement for the use of bilingual skills shall be published with other personnel
system policies as a provision of the Personnel Rules or Administrative Manual.
Section 12.1 Compensation
The City shall compensate employees assigned to full-time positions determined
by the appropriate Department Directors as requiring the skilled use of a language
other than English at the rate equivalent to fifty dollars ($50) per bi-weekly pay, period,
and equivalent to $1,300 per year. Bilingual pay for part-time employees shall be
prorated.
Section 12.2 Methodology
The City will determine and administer the methodology necessary to ascertain
whether an employee has the necessary linguistic skills to perform the bilingual duties of
a position.
Section 12.3 Transfers or Promotions
The employee will not be eligible to receive bilingual pay when transferred or
promoted to a position which has not been designated as requiring the skilled use of
a language other than English.
Section 12.4 Designation at Time of Recruitment
Bilingual designation of a position may be given consideration in the recruitment for
that position.
ARTICLE 13. Certification Pay
Notary Certification Pay
Certain employees are required by the City to have and maintain a notary certification
as a condition of employment. Only employees required by the City to have and
maintain a notary certification are eligible to receive recertification compensation.
Section 13.1 Compensation
The City shall compensate employees $250 annually, who are assigned to full-
time positions and who are determined by the appropriate Department Director as
requiring the notary certificate, for their annual notary recertification.
Section 13.2 Transfers or Promotions
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The employee will not be eligible to receive annual recertification pay when
transferred: or promoted to a position which has not been designated as requiring the
notary certification.
Section 13.3 Designation at Time of Recruitment
Notary certification may be given consideration in the recruitment for that position.
Class "A" Driver's License Certification Pay
Section 13.4 Required to Have Class "A"Driver's License
Certain employees are required by the City to have and maintain a commercial class "A"
driver's license with applicable endorsements as a condition of employment. Only
employees required by the City to have and maintain a class "A" commercial driver's
license are eligible to participate in this recertification pay benefit.
Section 13.5 Recertification Payment
Employees required to maintain a class "A" commercial driver's license must recertify
their medical eligibility from time-to-time. The City shall provide a $500 recertification
payment to each employee submitting appropriate Department of Motor Vehicles
documentation of their bi-annual medical certification renewal for their class "A"
commercial driver's license.
Section 13.6 Two-Year Cycle for Recertification Payments
An employee required to maintain a class "A" commercial driver's license will be
eligible for this certification pay no more frequently than once every 24 months upon
recertification of their medical eligibility. On a case-by-case basis, the Human
Resources Director will develop a schedule that provides eligibility for recertification
payments no-more frequently than every 24 months to any employee required to have
and maintain a commercial driver's class "A" license with medical recertification
requirements that are more frequent than the routine bi-annual schedule.
ARTICLE 14. Temporary Upgrading of Employees
When an employee is temporarily required by the supervisor to assume an "acting"
position which is outside the employee's classification specification, the City shall
provide compensation to the employee according to the following method:
Section 14.1 Actinq Pay Step Determined
As "acting", the employee shall assume the acting title and at least the associated step
1 salary for the first six months of the acting period. The "acting" employee shall be
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paid a pay rate established for one of the pay steps in the: salary range for the
assigned: classification. At the City Manager's discretion, the employee shall be
temporarily placed in a pay step for the assigned classification which provides at least
the step 1 salary of the position being filled or a pay step. in the assigned
classification which provides at least a five percent (5%) increase in the employee's
salary if the employee's salary is currently above. the step 1 salary of the assigned
classification. In..no event shall the employee's increased salary exceed the top step
of the assigned position's pay range.
Section 14.2 Eligibility for Acting Pay
The employee shall receive acting pay in all cases when the employee is assigned to
the acting position, provided that the acting position is expected to be vacant for two (2)
weeks or more. After the Human Resources Director has concurred, the supervisor
shall be responsible for notifying payroll officials of the employee's assignment to the
acting position and of the associated salary increase.
Section 14.3 Performance Evaluation Schedule -
Performance evaluations and pay step advancements while serving an acting
appointment/temporary upgrade are provided according to the schedules described
below:
A. Not at the top step. If the employee is not at the top pay step of their
original/home classification, then there is no change to the employee's schedule
for performance evaluations and eligibility for merit step advancements. The
employee will keep their current/original evaluation date.
B. Already at the top step. If the employee is already at the top pay step of their
original/current classification (but not at the top step of the "acting" classification),
then after six months in the "acting" appointment the employee shall be
scheduled for a performance evaluation and eligible for a merit step pay
increase.
Note: This Article is cross referenced with Article 25 (E) (Performance Evaluations) of
this Memorandum of Understanding which describes the same provisions
regarding the schedules for performance evaluations and pay step
advancements while serving temporary upgrade/acting appointments.
Section 14.4 Duration of Acting Assignment
The needs of the City shall prevail in determining the length of time which the employee
will be required to assume the acting position.
ARTICLE 15. Retirement
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The City shall provide bargaining unit employees with the benefits of participation in
the California. Public Employees' Retirement' System (PERS). Further, the City shall
provide employees the opportunity to participate in a voluntary deferred compensation
plan. The provisions of the voluntary deferred compensation plan are specified in the
plan documents and in literature provided by the vendors. The provisions of the
employee's retirement benefits through PERS are specified in the terms of the City's
contract documents with the retirement system.
The general provisions of the retirement benefits provided to bargaining unit employees
by the City are as follows:
Section 15.1 Deferred Compensation
An employee may arrange to have payroll deductions made to voluntarily
participate in the deferred compensation plan offered by the City. The City is expected
to make deferred compensation plan document modifications when required by -
providers/vendors and modify any of the provisions for administration of. deferred
compensation plans required for compliance with applicable legislation.
Section 15.2 PERS (Miscellaneous Employees)
A. TIER ONE: Miscellaneous employees in the bargaining unit hired on or before
October 12, 2012 are ;enrolled in the Tier One PERS retirement plan benefit
formula of:
• 2.7% for each year of service at age 55.
•. Single highest year. Final compensation to be calculated on the basis of
any consecutive one-year period of employment for the employee.
• 1959 Level III Survivor benefits.
Note:, Tier one employees filing for retirement should be aware of Section 20042
of- the California Public Employees' Retirement Law. For Tier One
employees' "final compensation" means the consecutive twelve-month
period with highest average compensation. CalPERS typically assumes
that the final twelve months of employment are the period of highest
compensation, but the retiree is permitted to point out an alternative
consecutive twelve-month period as the highest earning period.
B. TIER TWO: Miscellaneous employees in the bargaining unit hired on or after
October 13, 2012 shall be enrolled in the Tier Two PERS retirement plan benefit
formula:
• 2.0% for each year of service at age 60.
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• Final compensation to be calculated on the basis of the employee's
:compensation for any consecutive thirty-six (36) months of employment.
1959 Level III Survivor benefits.
C. TIER THREE: Miscellaneous employees in the bargaining unit hired.on or after
January 1, 2013 who do not qualify for TIER ONE or TWO as determined by
PERS will be enrolled in Tier Three PERS retirement plan benefit formula as
defined by California Public Employees'.Pension Reform Act of 2013 (PEPRA —
AB 340):
• 2.0% for each year of service at age 62.
• Final compensation to be calculated on the basis of the employee's
pensionable compensation for any thirty-six (36) months.of employment.
• 1959 Level III Survivor benefits.
Section 15.3 PERS (Safety Employees)
A few employees in the bargaining unit have occupations which require enrollment in
the PERS safety members' retirement plans.
Fire Prevention. Current employees in the classifications of Senior Deputy Fire Marshal
and Deputy Fire Marshal are enrolled in the PERS Miscellaneous contract. Should new
employees be hired to perform the duties of Senior Deputy Fire Marshal and/or.Deputy
Fire Marshal, the City may elect to enroll the new employee(s) in either the PERS safety
contract including firefighters or the PERS Miscellaneous contract.
Marine Safety. The current regular status employees in classifications of Marine Safety
Sergeant and Marine Safety Lieutenant are enrolled in the Tier One PERS safety
contract for ocean lifeguards.
A. TIER ONE: Ocean lifeguard safety employees in the bargaining unit hired on or
before October 12, 2012 are enrolled in the Tier One PERS safety retirement
plan benefit formula of 3% at age 55 with final compensation to be calculated on
the basis of the employee's compensation for the single highest year of
employment.
B. TIER TWO: Ocean lifeguard safety employees in the bargaining unit hired on or
after October 13, 2012 shall be enrolled in the Tier Two PERS safety retirement
plan benefit formula of 3% at age 55 with final compensation to be calculated on
the basis of the employee's compensation for any consecutive thirty-six (36)
months of employment.
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C. TIER THREE: Ocean lifeguard safety employees in the bargaining unit hired on
or after January 1, 2013 who do not qualify for TIER ONE or TWO, as
determined by PERS, will be enrolled in Tier Three PERS retirement plan benefit
formula as defined by California Public Employees' Pension Reform Act of 2013
(PEPRA —AB 340). The Tier Three PERS Safety retirement plan benefit-formula
of 2.7% at age 57 pursuant to Government Code Section 7522.25 with final
compensation to be calculated on the basis of the employee's compensation for
any consecutive thirty-six (36) months of employment.
Section 15.4 PERS Contributions (Miscellaneous Employees)
A. TIER ONE: Employees shall pay their full 8% (eight percent) member
contribution.
B. TIER TWO: Employees shall pay the full 7.0% (seven percent) member
contribution.
C. TIER THREE: Employees shall contribute the rate determined by PERS based
on PEPRA.
Section 15.5 PERS Contributions (Safety Employees)
A. TIER ONE: Employees shall pay their full 9% (nine percent) member
contribution.
B. TIER TWO: Employees shall pay the full 9.0% (nine percent) member
contribution.
C. TIER THREE: Employees shall contribute the rate determined by PERS based
on PEPRA.
Section 15.6 Supplemental Retirement Pay
(Retiree medical insurance for former employees of the Encinitas Fire Protection
District.)
A. Former Encinitas Fire Protection District employees only. This retirement benefit
provision of Article 15 applies only to the SEIU represented bargaining unit
employees (whether in the PERS safety contract or PERS miscellaneous
contract) of the former Encinitas Fire Protection District who were employed by
the Fire District on June 30, 1995. However, this provision of Article 15 also
applies to retired SEIU represented bargaining unit employees of the Encinitas
Fire Protection District. This subsection of Article 15 specifically provides
former employees of the Encinitas Fire Protection District with direct payment
by the employer of retirement benefits that are different than those provided
other employees of the bargaining unit by virtue of their, prior service as
employees of the Fire District.
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B. Qualifyinq dates of employment. Retired miscellaneous employees of the
Encinitas Fire Protection District and SEIU represented bargaining unit
employees (whether in the PERS safety contract or PERS miscellaneous
contract) of the former Encinitas Fire Protection District who were employed by
the Fire District on June 30, 1995 will, upon retirement, receive the same.
employer payment 'of supplemental amounts which may be applied to retiree
medical insurance as provided to firefighters as of December 31, 1996
employed/retired by the City of Encinitas. Where employer direct payment of
supplemental amounts which may be applied to retiree medical insurance
benefits for retired firefighters is determined by the particular dates of
employment for firefighters, those same dates of employment criteria shall apply
to SEIU represented bargaining unit employees of the former Encinitas Fire
Protection District.
(1) Benefits of currently retired former employees. Each SEIU bargaining
unit represented retired miscellaneous employee of the former
Encinitas Fire Protection District, who retired from active service before
March 15, 1995, shall be entitled to Minimum Employer Contribution
(MEC) each month for health insurance under the PERS health
program. Senate Bill 1464, Chapter 896, Chapter Date 09-26-2002
determines the Minimum Employer Contribution (MEC) for agencies
participating in the Public Employees Medical and Hospital Care Act
(PEMHCA). In addition, such retirees shall also receive separate
supplemental retirement pay, in at least quarterly payments, directly from
the City of Encinitas which may be used as reimbursement for their
payment of health insurance premiums through PERS health program in
an amount not to exceed the amount being paid in their behalf as of
March 15, 1995, or the amount provided as of January 2006 by Appendix
"R" (EMPLOYER'S SUPPLEMENTAL RETIREMENT CONTRIBUTIONS)
of the firefighters' Memorandum of Understanding,whichever is greater.
(2) Future retirement benefits of current employees. Each SEIU bargaining
unit represented former employee of the former Encinitas Fire Protection
District who is employed on March 15, 1995 and retires thereafter from
active service shall upon retirement be entitled to payment of Minimum
Employer Contribution (MEC) each month for health insurance through
the health insurance program. Senate Bill 1464, Chapter 896,
Chapter Date 09-26-2002 determines - the Minimum Employer
Contribution (MEC) for agencies participating in the Public Employees
Medical and Hospital Care Act (PEMHCA). In addition, such employees,
upon retirement shall receive a separate supplemental retirement pay, in
at least quarterly payments, directly from the City of Encinitas which may
be used as reimbursement for their payment of health insurance
premiums through PERS health program in an amount equal to that
provided as of January 2012 by Appendix "R" (EMPLOYER'S
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SUPPLEMENTAL RETIREMENT CONTRIBUTIONS) of the firefighters'
Memorandum of Understanding.'
C. Reopener if firefighter benefits reduced. During the term of this Memorandum
of Understanding, should the provisions for employer direct payment of
amounts which may be applied to retiree medical insurance benefits for retired
firefighters be reduced, the City may reopen the meet and confer process with .
the Union for the sole purpose of determining whether those same changes will
apply to SEIU represented bargaining unit employees (or retirees) of the former
Encinitas Fire Protection District.
D. Reopener if firefighter benefits increased. During the; term of this
Memorandum of Understanding, should the provisions for employer direct
payment of amounts which may be applied to retiree medical insurance
benefits for retired firefighters be increased, the Union may reopen the meet
and confer process with the City for the sole purpose of determining whether
those same changes will apply to SEIU represented bargaining unit employees
(or retirees) of the former Encinitas Fire Protection District.
ARTICLE 16. Insurance
Section 16.1 Employer's Cafeteria/ Flexible Benefit Plan Contribution
The City currently provides a "Flexible Benefit Plan" with a cash value credit of
$13,000.
A. January 2020:. The City of Encinitas shall provide a "Flexible Benefit Plan" with a
cash value credit for the purchase of qualified benefits in the amount of $14,200
for calendar year 2020. This plan shall be available to bargaining unit employees
in 24 pay periods in the amount of approximately $591.67 twice monthly.
Note: City of Encinitas employer contribution to "Flexible Benefit Plan" cash
value credits for the purchase of qualified benefits incorporates the minimum
health premium contribution anticipated by the Public Employees and Hospital
Care Act (PEMCHA).
B. January 2021: Beginning the first pay period in 2021 — The City of Encinitas will
provide a "Flexible Benefit Plan" with a cash value credit for the purchase of
qualified benefits in the amount of $14,400 for calendar year 2021. This plan
shall be available to bargaining unit employees in 24 pay periods in the amount
of approximately $600.00 twice monthly.
C. January 2022: Beginning the first pay period in 2022 — The City, of Encinitas will
provide a "Flexible Benefit Plan" with a cash value credit for the purchase of
qualified benefits in the amount of $14,600 for calendar year 2022. This plan
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shall be available to bargaining unit employees in 24 pay.periods in the amount
of approximately $608.33 twice monthly.
D. January 2023: Beginning the first pay period in 2023 — The City of Encinitas will
provide a "Flexible Benefit Plan" with a cash value credit for the purchase of
qualified benefits in the amount of $14,800 for calendar year 2022. This plan
shall be available to bargaining unit employees in 24 pay periods in the amount
of approximately $616.67 twice monthly.
At such time as regulations are issued implementing the Affordable Care Act (ACA), the
City and Union will meet and confer to review the impact of such regulations on the
benefit plans then in force. If modifications to the benefits, eligibility for coverage,
employer or employee contribution to the cost of insurance or any other provisions of
the benefit plans covered by this MOU will be modified by the ACA .during the term of
this agreement, it is agreed that the City of Encinitas and. Service Employees
International Union — Local 221 will reopen the contract to meet and confer and
determine.how such mandated changes will be implemented. Meet and, confer must be
resolved prior to the employer being responsible for any additional costs-due to ACA.
Section 16.2 Part-Time Employees
Regular status employees in the bargaining unit working less than full-time schedules
shall be provided prorated amounts of cash value for their "Flexible Benefit Plans".
Section 16.3 Medical Insurance
The City shall,provide each full-time employee in the bargaining unit with a choice from
among several designated medical insurance providers. As a general rule, the
employee must select a medical insurance plan and pay towards that plan out of the
value of the "Flexible Benefit Plan". However, if the employee has group medical
insurance from another reliable source that is acceptable to the City of Encinitas
Human Resources Department, the employee may elect to decline medical insurance
from a City provider and ,apply the value of the City's "Flexible Benefit Plan"
contribution to another purpose. The City may make unilateral changes to the
availability of medical insurance providers and the cost of providers during the term of
this Memorandum of Understanding without the requirement of meeting and
conferring with the Union, over such matters.
Section 16.4 Other Insurance
The City may provide bargaining unit employees with the option to select from
among designated dental insurance and vision insurance providers and to pay
towards those insurance coverages out of the value of the "Flexible Benefit Plan". The
City may make unilateral changes to the availability of dental, vision, and life insurance
providers and the cost of such providers during the term of this Memorandum of
Understanding without the requirement of meeting and conferring with the Union over
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such matters. The City shall maintain during the term of this Memorandum of
Understanding the same face value amount:(percentage of annual pay) of employer
paid life insurance for employees represented by this bargaining unit.
Section 16.5 Gym Membership
The City agrees to participate in a corporate gym membership in which the City makes
a one-time sponsorship payment of $2,500 to a gym in exchange for reduced
membership rates, at the employees' cost, for employees who choose to join.
Section 16.6 Cash Out
The bargaining unit employee may apply any cash value remaining in the "Flexible
Benefit Plan" beyond the cost to purchase medical insurance, to fund a dependent care
reimbursement account, a medical expenses flexible spending account, or as added
(taxable) compensation. However, the maximum amount of Cafeteria Plan/Flexible
Benefit Plan compensation that an employee may receive as additional taxable
compensation (cash out) is $7,098 per year. The maximum cash out for part-time
employees is prorated.
Section 16.7 Short Term Disability Income Protection Plan (IPP)
The Short-Term Disability income protection plan typically affords each employee up
to ninety (90) days of income continuity in the event of illness or injury. The City
currently elects to administer the Short-Term Disability income protection plan as a
form of self-insurance.
A. Beginninq employment after July 1, 2003: 4 IPP units of benefit. For-each
regular employee beginning employment after July 1, 2003 with more than
twelve.months service, the Short-Term Disability income protection plan shall
provide income continuity for several incidents (up to 4 units of benefit)
depending upon each regular employee's term of service and prior incidences of
utilization. However, during the new employee's first six months of
employment, the use of IPP units of benefit shall provide income protection at
the rate of 67% of the employee's pay rate.
B. Beginning employment before June 30, 2003: 5 IPP units of benefit. For each
regular employee with more than twelve months service, the Short-Term
Disability income protection plan shall provide income continuity for several
incidents (up to 5 units of benefit) depending upon each regular employee's
term of service and prior incidences of utilization.
C. The City's Short-Term Disability income protection plan integrates with such
other benefits as Long Term Disability insurance (with a ninety-day qualifying
period), Workers' Compensation, and Family and Medical Leave Act eligibility
periods. For an employee's personal illness or injury, an employee may be
eligible to take leave under the provisions of Family and Medical Leave Act and
24:,
be paid_ Short Term Disability income protection plan benefits for up to ninety (90)
days.
D. It is understood that the City may concurrently apply absences for short term
disability income protection plan and absences under the provisions of the
Family Medical Leave Act.
ARTICLE 17. Vacation
Section 17.1 Method
Full time regular employees shall accrue paid vacation time as follows:
Years 6,f_.Se_rvice jMAcation- weekhy Accrual Maximum
Fiatea ,4ccumulation
Hours o Pa�d� �..
Hire — 5 years 104 hours 4.00 hours 208 hours
6 -10 years 128 hours 4.92 hours 256 hours
11 — 15 years 152 hours 5.85 hours ' 304 hours
16 + years 184 hours 7.08 hours 368 hours
Section 17.2 Scheduling
The supervisor shall determine the vacation schedule for each employee based
upon the needs of the City and the employee's desires. The needs of the City shall
prevail when there is no agreement on vacation scheduling. The supervisor may
determine procedures for scheduling employee vacations. The supervisor may elect
to give consideration to employee seniority when determining employee vacation
schedules. Employees shall be given adequate opportunity during the year to request
and use accrued vacation. Vacation time shall be -granted at a time when it is not
detrimental to the on-going operations of the City. The employee must have advanced
approval before being absent on paid vacation status.
Employees will electronically submit vacations to their immediate supervisor, or their
designee via email, Outlook calendar invite or Employee Self Service. Supervisors or
their designee, shall approve or deny vacation requests electronically via email, Outlook
calendar invite or Employee Self Service. within ten (10) calendar days.
Section 17.3 Maximum Accrual
An employee may not earn additional paid vacation leave after two (2) times the
annual accrual has been earned and remains unused. However, the City Manager may
grant an employee the ability to accrue vacation leave above the specified limit for
vacation planned near the time an employee reaches the maximum accrual, or a
planned extended vacation, or if the employee's supervisor has denied a vacation
request because the workload of the employee has precluded use of accrued
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vacation. The City Manager is not required :to provide an explanation for denial of a
request to accrue vacation time in excess of the maximum accrual.
Section 17.4 Holidays During Vacation
City paid holidays which occur during an employee's vacation leave are not deducted
from the employee's vacation leave_accrual balance.
Section 17.5 Holidays Worked
When an employee is required to work on a City Holiday, the employee is
compensated for the time worked as provided by Article 18 (Holidays) of this
Memorandum of Understanding and the full-time employee is credited with eight (8)
or nine (9) hours added to the employee's vacation accrual balance. Credit for time
worked on a City Holiday shall not increase the employee's maximum vacation
accrual allowance. Consequently, an employee who works on a City Holiday and who
is already at the maximum vacation accrual balance will be denied the additional eight
(8) or nine (9) hours of paid time off that they would have otherwise been credited.
Section 17.6 Holiday on Regular Day Off
Employees assigned alternative work schedules may sometimes have holidays fall on
their regular days off. If a holiday falls on a full-time employee's regularly scheduled
day off, eight (8) or nine (9) hours of holiday time will be credited to the employee's
vacation balance. Credit for City Holiday time on an employee's regularly scheduled
day off shall not increase the employee's maximum vacation accrual allowance.
Consequently, a full-time employee who has a regularly scheduled day off on a City
Holiday and who is already at the maximum vacation accrual balance will.be denied the
additional eight (8) or nine (9) hours of paid time off that they would have otherwise
been credited.
Section 17.7 Biweekly Accrual
Vacation time is earned on a biweekly pay period by pay period basis. An employee
must be in paid status to earn vacation accrual. Employees on an unpaid leave status
for a period of more than five (5) working days, on long term disability not paid as
payroll earnings or beginning/ending City employment during a period of less than a full
pay period do not earn vacation accrual for that biweekly pay period.
Section 17.8 Part-Time Employees
Regular employees working part-time schedules accrue vacation on a prorated
basis.
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Section 17.9 Conversion of Vacation Time to Cash
A. Separation of employment. Upon separation from employment with the City, an
employee shall be entitled to cash out any vacation time balance remaining.
B. Emergency cash-out. An employee may request that all or a portion of their
vacation time balance be converted to cash. . Such request shall be limited to
unexpected and immediate financial hardship or the onset of a debilitating
physical condition, where the employee is no longer able to perform duties of
their position and must be approved by the City Manager.
C. Annual cash payment. Up to four (4) times each calendar year, during the first
pay period of any quarter, an employee may request cash payment at the
employee's hourly base rate of pay for accrued vacation time. The total amount
of accrued vacation time that an employee may cash out in this manner shall not
exceed forty (40) hours in any calendar year.
D. Annual irrevocable election. To comply with IRS regulations, the annual cash
payment contains two key limitations on the option to cash out vacation time.
Beginning in December 2019 and each December thereafter:
(1) Any employee wishing to cash out leave must make an irrevocable
election to cash out vacation time in December of the prior calendar year
in which the leave is cashed out.
(2) Only leave accrued during the year in which leave is cashed out is
available to convert to cash.
All remaining elected leave shall be automatically cashed out during the last pay
period of each calendar year. The City will provide a form to make the election.
For example, employees who want to cash out compensatory time and/or
vacation time they may earn in 2020 shall provide Payroll an irrevocable election
no later than December 31, 2019.
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ARTICLE 18. Holidays
Section 18.1 Fixed Holidays
Regular .full-time employees receive sixteen (16) holidays each year. City holidays
consist of twelve (12) fixed holidays and four (4) floating holidays.
Fixed Holidays:
1. New Year's Day (January 1)
2. Martin Luther King, Jr. Birthday (Third Monday in January)
3. President's Day (Third Monday in February)
4. Memorial Day (Last Monday in May)
5. Independence Day (July 4)
6. Labor Day (First Monday in September)
7. Veteran's Day (November 11)
8. Thanksgiving (Fourth Thursday in November)
9. Day after Thanksgiving (Fourth Friday in November)
10. Christmas Eve (December 24)
11. Christmas Day (December 25)
12/ New Year's Eve (December 31)
City hall shall be closed from Christmas Eve through New Year's Day.
Employees shall use accrued leave for non-holiday closure days and have the
option to take the time off as leave without pay.
Note: City holidays which fall on a Saturday shall be observed on the preceding
Friday. When a City holiday falls on a Sunday, the following Monday shall be
observed.
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i
Section 18.2 Floating Holidays
A. Maximum Hours. The maximum number of floating holiday hours an employee
may have at any time during the fiscal year is thirty-six (36) hours. Employees
hired between July 1 and December 31 will receive thirty-six (36) hours of
floating holiday upon date of hire. Employees hired between January 1 and June
30 will receive eighteen(18) hours of floating holiday upon date.of hire. Unused
floating holiday hours are not subject to cash out upon termination.
B. Scheduled Use. Floating holidays shall be scheduled to first meet the operating
needs of the City, and then the preference of the employee. Authorization to use
floating holidays is granted by the supervisor upon submission of a Leave
Request Form by the employee. Reasonable notification of the request shall be
expected of the employee.
Section 18.3 Holidays Worked
If the City Holiday falls on the employee's regularly scheduled work day, when the
employee works that day the employee is compensated for hours worked at, a rate of
time and one-half (1 and 1/2 times) the employee's regular rate and an additional eight
(8) hours or nine (9) hours is credited to the employee's vacation time balance.
Note: Payroll administrators may need to apportion the employee's Holiday pay,
vacation credits, and pay for time worked to properly compensate the employee
when the employee works less than a full shift of eight (8) hours or nine (9) hours
on a City Holiday that is the employee's regularly scheduled work day. This
provision is not intended to have the result of the employee receiving a regular
biweekly paycheck of a lesser amount as the consequence of working part of the
day on a City Holiday than the employee would have received had the employee
not worked on the holiday. Article 17 (Vacation) provides additional information
about limitations to vacation accrual when an employee works on a City Holiday.
Section 18.4 Holidays and Alternative Work Schedules
The City provides full-time employees eight (8) or nine (9) hours of paid time off for each
holiday. Therefore, when a full-time employee has an established scheduled routine
with an alternative work schedule for a holiday (example: a 9-hour day) the employee is
provided holiday time off credit for the difference between the eight (8) hour holiday and
the longer alternative work schedule for the day. A full-time employee scheduled to
work a nine (9) hour day on a holiday receives a full work day's holiday pay for the nine
(9) hour holiday.
29,
Section 18.5 Holiday on Regular Day Off
Employees assigned alternative work schedules may sometimes have holidays fall on
their regular days off. If a holiday falls on a full-time employee's regularly scheduled day
off, a full day's work of eight (8) hours or nine (9) hours of holiday time will be credited to
the employee's vacation balance.
Note: Article 17 .(Vacation) provides additional information about the
limitations to vacation accrual when an employee's regularly scheduled
day off falls on a City Holiday.
Section 18.6 Part-Time
Part-time regular employees are granted holiday time on a prorated basis.
ARTICLE 19. Leaves
In conjunction with paid holidays, paid vacation, .Short-Term Disability insurance-
Income Protection Plan (IPP), and Long-Term Disability insurance the City shall
provide bargaining unit employees with paid and/or unpaid leaves for such occurrences
as jury/court duty, bereavement following a death in the family, orders to military duty,
and Family and Medical Leave. Further, the City shall provide a procedure whereby
employees may request unpaid leaves of, absence. During the term of this
Memorandum of Understanding, should the City elect to promulgate leave procedures
for all employees as provisions of the Personnel Rules or Administrative Manual, the
following minimum protections and safeguards to the rights and interests of bargaining
unit employees shall be provided:
Section 19.1 Jury/Court Leave
The City complies with the applicable laws and public policy in regard to allowing
employees paid time off without financial loss to perform jury duty. Full time regular
employees are generally granted paid leave when called upon to serve on jury duty.
A. Employees who are called for jury duty will receive regular base pay and
benefits for that period of absence. Such periods of absence will not be
applied to hours worked for purposes of determining eligibility for overtime
pay.
B. In the event that the absence of an employee from work over a long period
of time would cause a hardship for the City, the City may require the
employee to petition the Jury Commission or other appropriate authority to
excuse the employee from jury duty. Also, the employee may petition to be
excused from jury duty due to a hardship on the employee's family.
30]
C. Upon receipt of a notice for jury duty, the employee must notify the
supervisor as soon as possible in order that arrangements may be made to
cover the work of the position.
D. Upon release from jury duty, the employee shall call their supervisor to
determine the need to return to work.
Section 19.2 Bereavement Leave
An employee may receive up to five (5) work days off with pay for bereavement
as the result of the death of a member of the employee's immediate family.
A. When staffing permits, the employee may be granted time off without loss of
pay to attend the funeral of a deceased coworker.
B. In the case of death of a member of the employee's immediate/extended
family, an employee may be allowed up to a maximum of five (5) working
days of bereavement leave without loss of base pay or deductions from other
leave balances. Members of the immediate family are normally considered to be
the spouse, registered domestic partner, children, father, mother, brothers,
sisters, grandparents, grandchildren, father/mother-in- law, sister/brother-in-law,
or daughter/son-in-law. Also included as extended family members are step-
family members.
C. For absences to attend the funeral of a relative other than a member of the
immediate/extended family, an employee may be allowed up to one (1) day of
bereavement leave without loss of base pay or deductions from other leave
balances.
D. An employee may be granted up to four (4) hours of bereavement leave without
loss of base pay or deductions from other leave balances to attend the funeral of
a friend.
E. Bereavement leave for part time employees shall be prorated, that is, in the
ratio of the average part-time work week to a forty (40) hour week.
F. Payroll accounting and timekeeping for bereavement leaves. of employees
working days with other than eight (8) hour work schedules (that is, alternative
"9/80" or "4/10" schedules) shall be determined by the provisions of Article 27
(Hours of Work & Alternative Schedules) of this Memorandum of
Understanding.
G. The employee shall request and the supervisor shall record the determination to
grant or deny bereavement leave on a form provided by the City.
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Section 19.3 Military Leave
The City complies with the applicable state and federal laws and public policy in regard
to allowing employees unpaid time off and paid time off when called to military duty.
The City complies with the California Military and Veterans Code requirement to provide
employees with at least one (1) year of service for the public agency with their normal
salary for the first thirty (30) calendar days per fiscal year while engaged in the
performance of ordered military duty. The City complies with.the federal Veterans
Reemployment Rights Act and California Military and Veterans Code requirements to
reemploy former employees upon their return from military service.
Section 19.4 Paid Leave for Family Member Illness
A. Accrual rate. Each biweekly pay period each regular full-time employee shall be
granted an accrual of 1.3846 hours of additional paid leave for family member
illness and/or parental leave. This accrual rate is equivalent to a maximum
annual accrual of thirty-six (36) hours of paid leave for family member illness.
Part-time employees shall receive a prorated accrual each pay period of paid
leave for family member illness.
B. Beginning accrual for new employees. Each new regular full-time employee
upon starting work shall be granted a beginning balance of fourteen (14) hours of
paid time off to attend to family member(s) in need of the employee's assistance
in times of illness. After their first complete pay period of employment, each
biweekly pay period each regular full-time employee shall be granted an accrual
of one (1.3846) hour of additional paid leave for family member illness. Part-time
employees shall receive a prorated accrual each pay period of paid leave for
family member illness.
C. Maximum accrual. An employee may not earn additional paid time off for family
member illness leave after eighty-three (83) hours has been earned and remains
unused. The maximum accrual for a part-time employee shall be prorated to an
accrual equivalent not more than eighty-three (83) hours the part-time
employee's prorated pay-period accrual rate of paid leave for family member
illness.
D. Family Member.
Immediate Family Member:
(1) A child (biological, adopted, or foster child), stepchild, legal ward, or
child to whom the employee stands in loco parentis. This definition of a
child is applicable regardless of age or dependency status.
(2) A biological, adoptive, or foster parent, stepparent, or legal guardian of
an employee or the employee's spouse or registered domestic partner,
32.
or a person who stood in loco parentis when the employee as a minor
child.
(3) A spouse.
(4) A registered domestic partner.
(5) A grandparent.
(6) A grandchild.
(7) A sibling.
Extended Family Member:
(1).A sister/brother-in-law.
(2) A daughter/son-in-law.
(3) A step-family member.
(4) Parents/grandparents-in-law
(5) Other person under the legal custody or care of the employee.
L Illness. Illness shall mean disease, injury, impairment, physical or mental
condition, or other cause of incapacitation requiring in-patient care in a hospital,
hospice or residential health care facility, or continuing treatment or supervision
by a health care provider or any other cause of incapacitation of a family
member. Illness may include accompanying an employee's family member to an
occasional routine medical or dental treatment.
F. Parental Leave. Parental leave is leave to bond with a newborn, an adopted
child or a child placed in foster care with an employee within one year of the birth
or placement of the child.
G. Approval.
(1) Immediate Family Member Approval. The employee must first obtain
verbal approval of the supervisor or department director before family
member medical leave absence. The supervisor and department director
will determine approval of the employee's paid leave for family member
illness at the time they process the employee's payroll timecard. The
department director may require follow up written verification from the
family member's health care provider of any paid leave for family member
illness. If required, the health care provider's written verification will verify
that the immediate family member has an illness that requires the
employee's attendance. The supervisor may require alternative
scheduling of non-emergency requests by the employee for particular
times of paid leave for family member illness.
(2) Extended Family Member Approval. The employee must obtain approval
of the department director before an absence may be paid as family
member medical leave for an extended family member. The supervisor
and department director will determine approval of the employee's paid
33.
1
leave for extended family member illness at the time they process the
employee's payroll timecard. Written verification:from the family member's
health care provider is required for any paid leave for extended family
member illness. The health care provider's written verification must state.
that the extended family member has an illness that requires the
employee's attendance. The supervisor may require alternative .
scheduling of n'on-emergency requests by the employee for particular
times of paid leave for family member illness.
H. No cash out value. There shall be no compensation provided to the employee
upon retirement, termination from employment, or at the end of the fiscal year
for unused accruals of paid leave for family member illness.
I. FMLA integration. The City may determine that particular .events of paid
leave for family member illness run concurrently with absences. granted under
the provisions of the Family Medical Leave.Act.
Section 19.5 Unpaid Family and Medical Leave
The City complies with the applicable state and federal laws and public policy in regard
to allowing employees unpaid time off and paid time off for purposes of parental leave,
medical leave and family member medical care leave. The use of family, parental and
medical leave may be either in paid status in conjunction with Paid Leave for Family
Member Illness or in unpaid status.
Section 19.6 Leave Without Pay
A. Time off without pay may be granted by the Department Director with
concurrence of the City Manager.
B. Employees must give two .weeks' notice in writing to request leave without
pay, unless waived by the City Manager.
C. Employees must give reasonable notice before returning to work.
D. The maximum leave which.may be taken is six months.
E. Employees shall not accrue Vacation Leave, Short Term Disability Income
Protection Plan (IPP) Units, or evaluation time if on leave without pay for a
period of more than five (5) consecutive working days.
F. Employees shall be ;responsible for the continuation of City provided
health care insurance premiums if on leave without pay for more than one pay
period.
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In accordance with the Family and Medical Leave Act of .1991, medical; dental
and.,life insurance coverage for an employee who requests.ieave without pay for
the serious health condition of a family member or the employee's own health
condition shall be paid by the City for a maximum of twelve .(12) work weeks
during a twelve (12) month period at the.City's current rate of ,contribution; the
employee will continue to pay their share of the premiums. The',City's Personnel
Rules or Administrative Manual. provisions in:regard to Family and Medical Leave
Policy will provide a source of implementing procedures.
Section 19.7 Catastrophic Leave Donation Program
The City shall provide Personnel Rules or an Administrative Manual _policy of
catastrophic leave donation which includes eligibility for participation by bargaining unit
members. The City may, from time-to-time, modify the Personnel Rules or
Administrative _ Manual procedures for catastrophic leave donation. `The City's
catastrophic leave donation program shall provide a method for employees to voluntarily
donate paid leave time to their coworkers. Paid leave time that maybe donated,for the
catastrophic leave :donation program is limited to vacation, floating holidays, and
compensatory time balances.
Employee's catastrophic medical condition. The catastrophic leave donation
program shall provide a method for employees to assist- other,employees who
face an extended leave without pay due to their catastrophic medical condition.
Immediate family member's catastrophic illness. The catastrophic leave donation
program shall provide a method for employees to assist other employees who
face an extended leave without pay due to the catastrophic medical condition
of an immediate family member. Illness shall mean incapacitation of an
immediate family member because of disease, injury, impairment, physical or
mental condition, or other cause of incapacitation requiring in-patient care in a
hospital, hospice or residential health care facility, or continuing treatment or
supervision by a health care provider. Immediate family member shall mean a
parent, spouse, registered domestic partner, child (natural, adopted, or
stepchild), or.other person under the legal custody or care of the employee.
Section 19.8 General Election Leave
A. The City shall provide a half day of paid leave to vote at the employee's polling
location during the General Elections. The supervisor shall determine the
schedule for each employee based upon the needs of the City and the
employee's desires. The. needs of the City shall prevail when there is no
agreement on scheduling; or.,
B. The City shall provide a full day paid leave to volunteer for the County Registrar
of Voters for a General Election.
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Section 19:9 Administrative.Manual / Personnel Rules about Leave Procedures
: The City shall determine and publish provisions for the administration of these leave
programs. It is understood that the City intends to publish leave procedures and
policies with other personnel system policies as provisions of-the Personnel Rules or
Administrative Manual.
ARTICLE 20. Tuition Assistance
The City shall provide procedures for tuition assistance and tuition reimbursement for
employees who act with individual initiative in the furtherance of their job-related
education during off duty hours: Tuition assistance is an educational benefit provided in
addition to the job-related training experiences that are attended during work time and
that are initiated at the direction of the employer.. The City's procedure for tuition
assistance_shall be published with other personnel system policies as a provision of the
Personnel Rules or Administrative Manual.
Section 20.1 Maximum Reimbursement
An individual employee's reimbursement for tuition and related expenses shall not
exceed $1,200 per fiscal year for a full-time regular employee. Tuition reimbursement
for part-time :regular employees will be prorated. Reimbursement claims shall be
submitted on a form required by the Human Resources Department.
Section 20.2 Approval Process
Prior approval is required before an employee may participate in the tuition
reimbursement program. Applications shall include the employee's anticipated
coursework and estimated :costs eligible for tuition reimbursement. Applications
approved by department directors will be submitted for consideration as an operating
expense in the City's budget. The original document recording the department director's
approval will be transmitted to the Human Resources Department and a copy will
be provided to the employee.
Section 20.3, Funding
If is anticipated that the amount funded through the budget process for a fiscal year by
City Council for approved tuition assistance requests from bargaining unit employees
will not exceed $12,000. The City Manager reserves discretion to -submit budget
requests in excess of $12,000 for City Council consideration should the Human
Resources Department estimate that more than 10 bargaining unit employees
are expected to submit approved tuition assistance requests. At any point during the
fiscal year, in the event there is less than $1,200 in tuition assistance funding
remaining available per approved bargaining unit employee, the remaining
unencumbered City Council approved budgeted tuition assistance amount will be
equally divided and prorated among the approved employees. During the course of
36,
any fiscal year, it is possible that tuition assistance funding will be exhausted and
consequently there may be tuition assistance requests submitted for which there will not
be available funding.
Section 20.4 Eligibility Criteria
Employees must have successfully passed their probationary periods to be eligible for
participation in the tuition assistance program. Employees with current Performance
Improvement Plans may not participate in the tuition assistance program. The tuition
assistance program is available only.to regular status employees working at least Y
time (20 hours per week / .5 Full Time Equivalent FTE). Tuition assistance provided
part-time regular status employees will be prorated.
Section 20.5 Coursework Requirements
Tuition reimbursement may be approved only for coursework towards a degree
approved at an accredited institution of higher education in an occupation.employed by
the City or specifically job-related individual courses at an accredited institution of
higher education or job-related professional certificate. Once an employee has been
accepted for matriculation towards an approved degree by an accredited institution of
higher education, electives and required general education coursework will be eligible
for tuition.reimbursement as well as core degree coursework: At least a "C" grade is
required for approval of an employee's tuition reimbursement request. A passing
score is required for ungraded coursework.
Section 20.6 Continued Employment Required
Employees are expected to continue in the employ of the City for at least one year
(26 biweekly pay periods) after receiving payment for tuition reimbursement.
Should the employee leave City employment earlier than one year after receiving a
tuition reimbursement, the employee is required to pay back the City for the full cost
of that year's tuition reimbursement.
ARTICLE 21. Reimbursement for the Use of Public Transportation
The City provides employees the opportunity to request reimbursement for part of the
cost for the use of public transportation in commuting to and from work. Modes of
public transportation eligible for reimbursement include busses and trains.
Section 21.1 Maximum Reimbursement
An individual employee's maximum eligibility for reimbursement for the use of public
transportation in commuting to and from work is equal to half (50%) of the employee's
actual documented costs, not to exceed seventy-five ($75) dollars in reimbursement
per month. Each employee- receiving transportation reimbursement shall be
responsible for any and all tax liability resulting from that reimbursement.
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Section 211 Trial Program of Undetermined Duration
The City's provision of reimbursement to employees using public transportation for
commuting to and from work shall be a trial or "beta" program. The City may from time-
to-time adopt and change procedures for employee reimbursement for the use of public
transportation without a duty to. bargain those changes. The Service Employees
International Union Labor/Management Committee will be consulted .should the City
determine to cease reimbursement for the use of public transportation in commuting to
and from work.
ARTICLE 22. Workplace Safety
This Article provides certain minimum safeguards of workplace safety for bargaining
unit members during the term of this Memorandum of Understanding. It is
understood that the City will promulgate work rules and procedures which foster
workplace safety for all employees. Should the City elect to publish workplace safety
rules and procedures as provisions of the. Personnel Rules, Safety Manual/Injury&
Illness Prevention Program, or Administrative Manual, the following minimum
protections and safeguards to the rights and interests of bargaining unit employees shall
be provided:
-Section 22.1 DOT Drug Testing
The City shall comply with federal Department of Transportation requirements to
provide for random alcohol and drug testing of employees required to have commercial
drivers' licenses.
Section 22.2 Fitness for Duty Evaluation
At any time the supervisor has substantial reason to believe that the employee is not fit
for duty or that the employee may be impaired, the supervisor may send that employee
for an immediate fitness for duty evaluation or referral for Employee Assistance
Program (EAP) initial meeting with a counselor. Whenever practicable, the supervisor
shall gain concurrence with the Department Director or Human Resources Director or
Risk Manager or other responsible supervisor prior to notification of the employee
that a fitness for duty evaluation or EAP referral is required. Should the City
designate the health care provider, clinic, laboratory or Employee Assistance Program
that will conduct the fitness for duty evaluation of the employee, such evaluation shall
be at City expense.
Section 22.3 Return to Work Medical Release
When an employee has been absent from. work due to a disability, medical
treatment, mental health counseling, injury or illness; the supervisor may require that .
the employee provide a written release from treatment to full unrestricted work status
before the employee is allowed to return to work without limitations. Should the
38.
treating health care provider determine that the employee has temporary limitations
which may prohibit an unrestricted return to full duties, the City may elect to return
the employee to any temporary limited duties which the Risk Manager determines the -
employee can safely perform. The City may determine that the employee's limitations
do not permit a return to work, even if the employee desires to return to work prior
to full recovery. Should the treating health care provider determine. -that the.
employee has permanent or prolonged limitations which may prohibit an
unrestricted.return to full duties, the City shall consider reasonable accommodations to
the employee's limitations in .compliance with the requirements of the Americans. with
Disabilities Act.
Section 22.4 Restrictions
It is understood that it is the intention of the City to promulgate work rules or lother
regulations which prohibit the .possession or storage of firearms or explosives on City
property or in City vehicles. ' Even in the absence of prior progressive disciplinary
actions, violation of such work rules or regulations may be cause for dismissal from
employment.
Section 22.5 Uniforms and Safety Equipment
A. Uniforms. Uniforms will be furnished by the employer. for all employees
required to wear uniforms. The employee shall be provided a uniform for at
least each work day in the work week that the employee is required to wear a
uniform. The employer retains discretion to determine the style, type, color,
and number of uniforms to be provided. Uniforms requiring commercial
cleaning or maintenance will be cleaned and maintained by the employer. Each
employee is expected to be neat and clean insofar as practical.
B. Safety footwear. An annual safety footwear allowance shall be provided for
employees required to wear safety footwear (shoes or boots). Positions include
employees performing field work in Engineering, Code Enforcement, Planning
and Stormwater. Eligible employees will be reimbursed during each fiscal year
for up to Three Hundred Dollars ($300) upon presentation of proof of
expenditure for only the purchase or professional repair of safety footwear and
insoles. Reimbursement shall not apply to ancillary items.
Section 22.6 Unsafe Equipment
The employee should report unsafe equipment to their supervisor. Unsafe equipment
should be replaced or repaired prior to its use. Each employee should be trained on
how to report unsafe equipment and supervisors will ensure all necessary repairs are
made.
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Section 22.7 Heavy Lifting
Using appropriate lifting devices and techniques to limit injury is a priority. There are
several lifting devices in public works available for all trained employees to utilize.
Using proper lifting devices and techniques will reduce the potential for work related
injuries.
Section 22.8 Driving Record Pull Program
The California Department of Motor Vehicles, in the interest of public safety, provides
for the enrollment of non-mandated (typically Class C license) drivers in the employer.
pull notification program. The City of Encinitas, in the interest of workplace safety and
public safety, participates in the employer pull notification program. Every employee
identified as potentially having business driving duties is required to participate in the
employer pull notification program and must sign the appropriate DMV waiver
document (form INF 1101 or internal document with similar language) as a condition
of employment. Driving duties include operating a City vehicle or undertaking City
business facilitated by driving the employee's private vehicle to meetings or training. It
is assumed that without individual exemption from the DMV employer pull notification
program every employee is available to drive on City business as the occasion arises.
Section 22.9 Individual Exemptions from the Driving Record Pull Program
At the employee's request, the Human Resources Director in consultation with the
employee's department director shall determine the employee's required participation in
the DMV employer pull notification program based on the employee's duties and the
department director's assessment of the potential for performing tasks that involve
business driving duties. The City will not assign or permit driving duties to be
performed by an employee who has been exempted from participation in the DMV
employer pull notification program. An employee who is expected to never have work
related driving duties will not be required to comply with the pull notification waiver
documentation requirements and shall not be eligible to receive mileage
reimbursement for business driving travel expenses.
ARTICLE 23. Probationary Periods
Section 23.1 Initial Appointment Probationary Status
Initial appointment probationary status means that the supervisor does not need to
state a reason to release the employee from initial employment with the City. A person
appointed through a competitive test of merit to a regular status position shall serve in a
probationary status during the initial period of employment. An employee promoted
during the initial 2080 work hours (approximately twelve months) term of probationary
employment shall continue in initial employment probationary status until the 2080
regular work hours (approximately twelve months) of service have been completed in
the higher/promoted position..
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Section 23.2 Calculation of the 2080 Hour Probationary Period
Paid holidays:. are included as regular work hours in the 2080 work hours of
Probationary service. The first 40 hours of absence from work, including periods of
paid or unpaid leave, will be included in the 2080 regular hours of work required for the
completion of the initial appointment probationary period. Absences from work in
excess of the first 40 hours, including periods of paid: or unpaid leave, are excluded
from the 2080 regular work hours required for completion of the initial appointment
probationary period. Overtime hours worked are excluded from the 2080 regular work
,hours required for completion of the initial appointment probationary period. The
number of regular work hours required for completion of the initial appointment
probationary period shall be prorated for part-time employees, but in no case shall the
part-time employee's probationary period be less than 26 completed pay periods.
Section 23.3 Promotional Probationary Status
Promotional probationary status means that the supervisor does not need to state a
reason to return a promoted employee from a promotional position to a position and
classification equivalent to the employee's classification prior to the promotion. A
regular status employee shall serve a promotional probationary period of 1040 hours
upon promotion to a position at a higher pay level. .
Section 23.4 Probationary Periods
The following probationary periods are established for classifications in this bargaining
unit:
Initial Appointment Probationary Period:
2080 regular work hours (approximately 12 months)
Promotional Probation:
1040 regular work hours (approximately.6 months)
(to a higher paying position after
.having completed an initial
appointment probationary period)
Section 23.5 Grievance Procedure Exclusion
Probationary release from employment and probationary return from a promotional
position are not subject to the grievance procedure or disciplinary action due process
requirements. Employees displaced from their positions by employees returned from
promotional probationary status to equivalent positions and classifications may not
appeal or grieve such actions. There is no particular requirement for notice should the
supervisor determine to release a probationary status employee from initial City
employment or return an employee to a classification equivalent to that held prior to
probationary promotion.
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ARTICLE 24. Outside Employment
The City shall provide a procedure which defines limitations on City employee
engagement in employment or enterprises in addition to the employee's work with
the City of Encinitas. It is understood that from time to time full time employees of
the City of Encinitas may be involved in paid employment with an employer other than
the City of Encinitas. The City's outside employment policies and procedures shall be
published with other policies as a provision of the Personnel Rules or Administrative
Manual.
Section 24.1 Limitations
The primary limitations to outside employment or enterprises shall be:
A. A full-time employee's primary employment shall be performance of work for the
City. No outside employment or enterprise may exhaust or distract or otherwise
reduce the employee's fitness for duty.
B. There can be no conflict of interests between an employee's outside
employment or enterprise and the interests of the City.
A. Outside employment or significant enterprises must be approved in advance by
the supervisor.
ARTICLE 25. Performance Evaluations
The parties agree to reopen negotiations based on discussions of Performance
Evaluation Committee.
Section 25.1 Performance Evaluation Schedule
Performance evaluations shall be conducted in a timely fashion. For new employees.,
performance evaluations shall be conducted at the completion of 1040 regular work
hours, twelve (12) months, and every twelve (12) months thereafter. The first
performance evaluation for part-time employees shall be conducted at the prorated
number of regular work hours equivalent to six (6) months of service. The City's formal
performance evaluation system is not intended to substitute for frequent and informal
job performance communications between supervisors and employees.
Section 25.2 Late Evaluations
Supervisors are expected to complete performance evaluations (EMPLOYEE JOB
PERFORMANCE EVALUATION forms) on time. The performance evaluation form may
be completed up to 30 days prior to the employee's anniversary date. The
performance evaluation is considered past due if it has not been completed and
approved for payroll processing by the end of the first full payroll period following the
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employee's anniversary date. The pay step advancement will be processed for payroll
action during the first pay period after the evaluation is past due but will be
retroactive as of the employee's anniversary date. However, the performance
evaluation will not be considered past due if the employee has a written performance
improvement- plan underway. Also, unpaid leaves of absence of greater than five (5)
working days and other prolonged absences may delay the employee's performance
evaluation anniversary dates. An employee with a past due performance evaluation will
be granted the pay step advancement within the pay range for the employee's
classification.
Section 25.3 Appeal Procedure
The grievance procedure does not apply to matters of employee performance
evaluation. There is no provision for appeal of an EMPLOYEE JOB PERFORMANCE
EVALUATION form that certifies that the employee's overall job performance meets the
standards and expectations of the supervisor and Department Director.
Supervisors may at any time initiate a written EMPLOYEE JOB PERFORMANCE
IMPROVEMENT PLAN form that certifies that the supervisor finds the employee's job
performance to be in need of improvement and a plan for correction is needed. For
employees in this represented bargaining unit, the employee shall have the right to
appeal the supervisor's decision to initiate a written EMPLOYEE JOB PERFORMANCE
IMPROVEMENT PLAN. Such appeal shall be reviewed by a department head of a
department other than the department in which the employee is working. The Hearing
Officer (i.e. alternative department director) shall have the authority to recommend, for
the record, that the employee's department director modify, affirm or reject the written
EMPLOYEE JOB PERFORMANCE IMPROVEMENT PLAN and/or the supervisor's
assessment of the employee's progress towards accomplishing the job performance
improvement requirements of the plan.
Section 25.4 Performance Improvement Plan
Supervisors may at any time initiate a written EMPLOYEE JOB PERFORMANCE
IMPROVEMENT PLAN form that certifies that the supervisor finds the employee's job
performance to be in need of improvement and a plan for correction is needed. An
employee cannot be certified for pay step advancement when there is an open,
unresolved, written performance improvement plan. The initial period provided for an
employee to overcome job performance deficiencies identified in a written performance
improvement plan is up to 90 calendar days. Should in the opinion of the supervisor, the
employee fails to remedy job performance deficiencies during the initial period, the
supervisor may elect to extend the performance improvement plan for up to an
additional 90 calendar days. The maximum time available to remedy job performance
deficiencies identified by a written performance improvement plan is 180 calendar days.
Initiation of a written EMPLOYEE JOB PERFORMANCE IMPROVEMENT PLAN form is
not disciplinary action. However, failure to remedy job performance deficiencies during
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the duration of a written performance improvement plan may be cause for subsequent
disciplinary. action. The initial EMPLOYEE JOB PERFORMANCE IMPROVEMENT
PLAN form and written progress reports shall be sufficient documentation which may
sustain subsequent disciplinary action including termination of employment.
Section 25.5 Performance Evaluation Schedule for Probationary Employees
The performance evaluation schedule for an employee upon promotional probationary
status shall be at 6 months, 12 months, and every 12 months thereafter. The dates at
the end of 6 months, 12 months, and every 12 months thereafter become the
employee's new "anniversary dates" for purposes of performance evaluation
scheduling. The employee shall be granted a pay step advancement with each
successful EMPLOYEE JOB PERFORMANCE EVALUATION. However, such pay step
advancement shall not exceed the top of the pay range for the employee's
classification. The approved pay step advancement shall be effective on the date of the
month that completes the 6-month or 12-month anniversary date. The provisions of
Article 19. F. 5 of this document will apply to unpaid leaves of absence greater than five
(5) consecutive working days.
Note: This promotional probationary performance evaluation schedule does not apply
to an employee when advanced within a multi-level classification to a higher
level within that same classification.
Section 25.6 Performance Evaluation Schedule for Temporary Upgraded
Employees
This article applies to employees granted temporary upgrades as provided by Article
14, Section 14.3 (Temporary upgrading of employees). Performance evaluations and
pay step advancements while serving an acting appointment/temporary upgrade are
provided according to the schedules described below:
A. Not at the top step. If the employee is not at the top pay step of their
original/home classification, then there is no change to the employee's schedule
for performance evaluations and eligibility for merit step advancements. The
employee will keep their current/original evaluation date.
B. Already at the top step. If the employee is already at the top pay step of
their original/current classification (but not at the top step of the "acting"
classification), then after six months in the "acting" appointment the employee
shall be scheduled for a performance evaluation and eligible for a merit step pay
increase.
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ARTICLE 26.. Layoff
Section 26.1 Reasons for Layoff
The City or the Water District may determine that it is necessary to apply this layoff
procedure in order to reduce the number of employees for non=disciplinary reasons.
Such reasons. may include lack of work, lack of funds or other non-disciplinary
reasons as determined by the Water District Board of Directors or City Council. It shall
be at the discretion of the employer to determine when a reduction in force is
warranted and to select the public service programs and classifications of employees
to be affected by layoff.
Section 26.2 Notice of Layoff
An employee who is to be laid off shall be notified in writing of the impending action at
least fourteen (14) calendar days in advance of the effective date of the layoff. The laid
off regular status employee shall receive ten (10) working days' worth of severance
pay. The Union will be notified in advance of impending layoff of bargaining unit
members.
Section 26.3 Order of Layoff
In each classification of position, employees shall be laid off according to employment
status in the following order:
1. First. Reserve (temporary) employees.
2. Second. Probationary employees.
3. Third. Regular (permanent) employees who are currently subject to a
written EMPLOYEE JOB PERFORMANCE IMPROVEMENT PLAN, in reverse
order of seniority.
4. Fourth. Regular (permanent) employees, in reverse order of seniority.
Section 26.4 Seniority
Employees with the least amount of seniority within each performance evaluation
category shall be laid off first. Seniority shall begin with each employee's date of hire
with the employer as a Regular status employee. Employees with part-time Regular
service will have their seniority dates of hire prorated to account for such periods of
part-time employment. Periods of absence as the result of approved Workers'
Compensation Claims shall be included in the employee's seniority. Periods of leave
without pay for longer than five days and any periods of disciplinary suspension without
pay shall not be included in the employee's seniority.
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Section 26.5 Layoff Bumping
The City of Encinitas and the San Dieguito Water District shall be considered separate
employers for the purpose of administration of layoff bumping procedures.
A. Transfer(Bumping) into a Vacant Position.
(1) Same Classification Series. If the employee affected by layoff once had
regular status in a lower position classification within the same series in
the same department, the employee shall have the option to accept
demotion back into the lower position classification. An employee affected
by layoff who once had regular status in a lower position classification
within the same series may be offered layoff bumping into a vacant
position- with that lower classification in a different department. An
employee accepting bumping into a lower position in a classification
where that employee has previously completed probation shall not be
required to serve another probationary period in conjunction with layoff
bumping.
(2) Different Classification Series. At the discretion of the employer, an
employee may be offered transfer to a vacant position with the same pay
range or demotion to a vacant position in any lower classification for which
the employer determines the employee to be qualified. The employer
may require the employee offered transfer or demotion to a vacant
position to serve a six-month probationary period in the new
classification. If the employee does not successfully complete the
probationary period, the employee shall be placed on a reemployment list
for the original position and remain on that list for a period not to exceed
one year.
B. Displacement (Bumping) of Incumbent in a Lower Classification. If the
employee affected by layoff once had regular status in a lower position
classification within the same series in the same department, the employee shall
have the option to displace an employee with less seniority in the lower position
classification. An employee accepting bumping into a lower position in a
classification where that employee has previously completed probation shall
not be required to serve another probationary period in conjunction with layoff
bumping.
Note: For purposes of layoff bumping, all the pay levels of each of the following
classifications shall be treated as a single classification:
Accountant, Code Enforcement Officer, Deputy Fire Marshal, Engineer,
Engineering Specialist, Finance Technician, GIS Analyst, GIS Technician,
Heavy Equipment Mechanic, Information Technology Analyst, Information
Technology Technician, Parks and Beach Supervisor, Planner, Program
46
Assistant, Recreation' Supervisor, Utility & Maintenance Specialist, Utility
& Maintenance Technician, and Water Conservation Specialist.
Section 26.6 Determining Pay Rate after Demotion as the Result of Layoff
The employee's rate of pay shall.not change as the consequence of demotion as the
result of layoff.. The rate of pay for any employee placed in a lower classification shall
represent the least loss of pay for the employee.
A. Within new salary range. The top step pay rate of the salary range for the
lower classification (after layoff bumping/demotion) may be equal to or higher
than the affected employee's actual rate of pay in the higher (before layoff
bumping) classification. If that is the case, then the employee's rate of pay may
be established as the same within the lower classification's salary range. The .
employee shall then be eligible for advancement to the next higher pay step in
the lower classification on the employee's next normal performance evaluation
anniversary date..
As an example: The employee's actual rate of pay at step 3 of pay.grade 25
before layoff bumping was $4,115 per month. The monthly salary range for pay.
grade 23 of the lower classification after layoff bumping is between $3,115 and
$4,174. The employee's monthly rate of pay after demotion as the result of layoff
remains at $4,115. The employee's pay rate of $4,115 temporarily is not on a
pay step for the employee's new classification in pay grade 23. At the
employee's next normal performance evaluation date, the employee will be
eligible for advancement to pay step 6, at $4,174 per month, of pay grade 23.
B. Above new salary range. In no case shall the rate of pay be increased above
that received in the classification from which the employee was laid off. The top
of the salary range for the lower classification (after layoff bumping/demotion)
may be less than the affected employee's actual rate of pay in the higher (before
layoff bumping) classification. If that is the case, then the employee's rate of pay
may be frozen ("Y" rate) at the prior pay rate which is above the;top in the lower
classification's salary range. Until the salary range for the lower classification is
higher than the employee's original rate of pay, the employee's rate of pay shall
not be increased. That is, the employee may maintain ("Y" rate) the pay rate
held prior to layoff bumping.
As an example: The employee's actual rate of pay at step 5 of pay. grade 25
before layoff bumping was $4,763 per month. The monthly salary range for pay
grade 23 of the lower classification after layoff bumping is between $3,115 and
$4,174. The employee's monthly rate of pay after demotion as the result of layoff
is "Y" rated at $4,763..The employee's pay rate of $4,763 temporarily is not on a
pay step for the employee's new classification in pay grade 23. The employee's
pay rate will remain frozen at $4,763 per month until a pay step of the salary
grade 23 classification equals or exceeds $4,763.
4T
Section 26.7 Reemployment Lists
Reemployment lists shall be established and maintained separately for the City of
Encinitas and for the San Dieguito Water District.
A. Establishment of Lists. The employer shall enter the names of regular
employees. laid off or demoted in accordance with this . article upon a
reemployment list in order of layoff dates. Lists from different departments of the
employer or. at different times for the same classification of position shall be
combined into a single list. Such list shall be used by every department of the
employer when a vacancy arises in the same or lower classification of position
before using an active eligible list from a competitive recruitment.
B. Use of Reemployment Lists. Names of persons laid off shall be carried on the
employer's reemployment list for one year. Persons appointed to regular
positions of the same level as that from which they were laid off shall be dropped
from the list. Persons who refuse reemployment shall be dropped from the list.
Persons reemployed in a lower classification or on a reserve basis shall be
continued on the list for the higher position for a period not to exceed one year.
Section 26.8 Part-Time Regular Employees
It shall be at the discretion of the employer to determine when a reduction in force
affects all positions in a classification, only full-time positions, or only part-time positions.
As determined by the Order of Layoff provisions of this Article, Section 26.3 (4) part-
time Regular employees shall be subject to layoff and layoff bumping on the same basis
as other Regular status employees depending on their last performance evaluations
and their seniority. A full-time Regular employee may be presented with the alternative
of bumping into a part-time position or being laid off. A part-time Regular employee may
be presented with the alternative of bumping into a full-time position or being laid off.
Section 26.9 City of Encinitas and San Dieguito Water District
The City of Encinitas and the San Dieguito Water District shall be considered separate
employers for purposes of seniority, layoff bumping, reemployment lists, and layoff
administration.
ARTICLE 27. Hours of Work/Alternative Schedules
Department Directors and supervisors shall determine the hours of work scheduled for
employees. The following guidelines will typically apply when Department Directors and
supervisors are determining hours of work for employees.
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Section 27.1 Forty Hour Week
In compliance with the federal Fair Labor Standards Act, the City shall designate a forty
(40) hour.work week for each employee. The designated week can begin at any hour -
and any day. The designated work week does not necessarily correlate with the
biweekly pay period.
All employees on a 9/80 or 3/12 work schedule shall have their workweek begin four.(4)
hours after the start time of their shift on their alternate regular day off. Employees not
on a traditional work schedule or 4/10 shall have their workweek begin at midnight on
Saturday morning.
Section 27.2 Time for Work Related Travel
Scheduling of paid time for an employee's work-related travel is subject to advance
approval by the employee's supervisor and advance notice to City Payroll
Administration to assure accurate timekeeping and payment of work-related travel.
Section 27.3 Normal Work Schedules
The normal schedule of work for City employees with office occupations is a "9/80"
schedule of eight (8) days of nine (9) hours and one (1) day of eight (8) hours of work
per eighty (80) hour biweekly pay period. Certain City offices are normally open for
public service Monday through Thursday between 7:30 a.m. and 5:30' p.m. and every
Friday from 7:30 a.m. to 4:30 p.m.
Beginning July 1, 2019, the City Hall customer service counters shall 'be open 5 days
per-week and that while the 9/80 schedule with continue, there will be an adjustment for
the Friday off for some employees to ensure Friday coverage each week.
The normal work schedule for field employees may have a starting time-as early as 6:00
a.m. with one half(1/2) hour for lunch.
Section 27.4 Designation of Regular Workweek
A. Alternative work schedules for City employees. with office occupations may
include, but are not limited to, eight (8) hours of work per day, Monday through
Friday, 8:00 a.m. through 5:00 p.m., with one (1) hour for lunch. An alternative
work schedule for field employees may have a starting time as early as 6:00 a.m.
for eight (8) hour days, Monday through Friday, with one half(1/2) hour for lunch.
B. Employees, individually or as work groups, may request alternative work
schedules. The Department Director has absolute discretion about whether
to grant or deny an employee's request for an alternate schedule. The
determination of the Department Director to deny an alternative work schedule
49. \
request, to put an employee on an alternative schedule or take an employee off
an alternative schedule is not subject to review through the grievance procedure.
C. The Department Director may designate an alternative work schedule or a
schedule different than the normal schedule for an individual employee or for
several employees in a work unit. At any time, the Department Director may
provide notice to each affected employee and change the designated work
schedule for an individual employee or for employees in a work unit.
D. The availability of alternative work schedules has no effect on accrual or use of
vacation. Vacation is still accrued on an hours-per-pay-period basis and use is
still charged on an hourly basis.
E. The length of holidays are coordinated with the availability of alternative work
schedules. City designated holidays each provide for eight (8) or nine (9) hours
of paid absence for full-time employees. An employee on an alternative work
schedule, and absent for more than eight (8) or nine (9) hours on a holiday,
would have a period of absence without pay unless some arrangement were
made to provide work time or paid leave to provide for the holiday absence
from work that is over eight (8) hours or (9) hours.
F. The availability of alternative work schedules has no effect on the length of
bereavement leaves. For the purpose of bereavement leave usage, a "working"
day is a City business day, Monday through Friday, whether or not the employee
is scheduled to work. As one example: the employee scheduled to work 9 hours
per day Monday through Thursday with Friday as an off work day would be
credited with 5 days of bereavement leave if absent Monday through Friday. As
another example: the employee scheduled to work 9 hours per day Monday
through Thursday with an 8-hour work day on Friday would be credited with 5
days of bereavement leave if absent Monday through Friday.
Section 27.5 Notice Standards
A. Continuation of workday. An employee may be required to continue working
beyond the end of the employee's workday.
Notice: During the work day.
Flexing Schedules: At the time the employee is notified about the necessity to
continue the work day, the supervisor and the employee shall discuss whether
the continuation of the work day will result in adjustments (flexing) of
another day's schedule during the same work week or additional pay for the
extra time worked. The City will not require an employee to flex their schedule to
avoid payment of overtime.
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B. Short Term / Temporary Change of Workweek Schedule. An employee's
workweek schedule may be changed temporarily. For purposes-of this section,
"temporary" is defined as a period of time anticipated to be no greater than three
(3) months.
Notice: One full work shift in advance of change. At the time the employee is
notified about the necessity of a short-term change in work. schedule, the
supervisor and the employee shall discuss whether the schedule change will
result in adjustments (flexing) to the employee's schedule during the same work
week.
If the employee is not given this notice, the first two hours the employee works on
the temporarily changed shift shall be paid at time and one-half.
Volunteers: Before ordering an employee to temporarily change his/her
schedule, the supervisor will solicit qualified employees in the work unit to
volunteer.
C. Permanent Change of Workweek Schedule. An employee's permanent
workweek schedule may be changed.
Notice: One full biweekly pay period. If the- employee is not given this notice,
the employee will receive a one-time payment of fifty ($50.00) dollars.
Section 27.6 Changes to the Fair Labor Standards Act
Should the Fair Labor Standards Act or the regulations governing public employer
compliance with wage and hours laws be changed during the term of this Memorandum
of Understanding, the City will discuss the effect of such changes with Union
designated representatives prior to promulgation of final changes to City wage and
hour policies.
ARTICLE 28. Temporary Employees
Section 28.1 Use of Reserve, Interim or Contract Employees
The City shall not use reserve, interim, contract employees (on the city payroll),
or other categories of temporary employees to displace or replace Regular status City
employees in this bargaining unit.
Section 28.2 Limited Assignments
The City may'use temporary employees for time limited assignments.
51
Section 28.3 Union Notification
Should the City have a need to replace an employee for a longer period than 1040
hours, during any fiscal year (12-month period between July 1 and June 30), the City
shall provide quarterly reports to the Union Chapter President of such situations. The
Union shall notify the City if it desires.to meet regarding their position.
ARTICLE 29. Disciplinary Action
Section 29.1 Good Cause
No employee holding regular status shall be subject to disciplinary action except for' .
a good cause.
Section 29.2 Probationary Status
Disciplinary action procedures and. the requirement to have a reason for rejection from
continued employment shall not apply to employees with probationary status.
Section 29.3 Due Process
The City Manager shall assure that administrative due process is followed in
matters of disciplinary action and make the final determination about whether a
disciplinary action should be sustained, overturned or modified. The City Manager or
designee shall act as an impartial Hearing Officer in matters pertaining to discipline
which affect an employee's employment property rights.
A. Before a Regular employee who has passed probation may be subjected to
disciplinary action of suspension without pay for more than three days, demotion,
reduction in pay, or dismissal from employment, that employee shall be served a
written notice of proposed disciplinary action. Such written notice shall be
provided by the responsible supervisor and state the specific reason for the
proposed disciplinary action. The employee shall be provided pre-disciplinary
"Skelly" rights including an opportunity to respond to the responsible
supervisor, either in writing or orally, before the disciplinary action is taken. The
employee may elect to be represented at such a pre-disciplinary meeting with
the responsible supervisor. One union steward may be granted paid release
time to represent the employee at such a pre-disciplinary meeting at the
employee's request. After consideration of the employee's response, if any, the
responsible supervisor then initiates any appropriate disciplinary action.
B. The City Manager shall provide a procedure for the appeal by employees
subjected to disciplinary actions of suspension without pay, demotion, reduction
in pay, or dismissal from employment. That appeal procedure shall provide for
a full evidentiary hearing. The City Manager or designee will act as the Hearing
Officer. 'if the City Manager exercises the option to have a designee act in their
52
stead, the City Manager will present a list of three names to the Union from
which the Union may select a hearing officer. In cases where progressive
discipline is appropriate, the Hearing Officer shall take into account the aspects
of progressive discipline prior to making a decision. The appellant shall be
entitled to appear personally, produce evidence, call witnesses, and have
representation. Each party is responsible for their own cost of representation
and witnesses.
B. The decision of the City Manager shall be final.
ARTICLE 30. Grievance Procedure
Section 30.1 Purpose
The Union and the City wish to afford the employee a means to formally present to
management the employee's desire for a different interpretation or administration of
City personnel procedures or established work rules for an existing situation. It is
further intended to afford those represented employees in this bargaining unit with a
means to formally present to management an employee's desire for a different
interpretation in an existing situation of the provisions of this document establishing
terms and conditions of employment for employees in the bargaining unit represented
by Service Employees International Union. The parties desire that the grievance
procedure will facilitate fair and equitable treatment of all bargaining unit employees
and promote harmonious relations among employees, supervisors, and management.
Section 30.2 Grievance Defined
A grievance is an employee's formal written presentation to management of a request
for adjustment of an actual existing situation of misapplication, misinterpretation, or
violation of an Administrative Manual personnel rule or procedure, City Ordinance or
Resolution related to terms of employment, work unit written rule, or provision of
this Memorandum of Understanding. Anonymous complaints, letters or notes will
not be considered as a grievance.
Section 30.3 Non-Disciplinary Separation from Employment
The grievance procedure, rather than disciplinary action appeal procedures, shall
be available to affected employees as the result of personnel actions of dismissal /
separation from employment for such reasons as job abandonment; medical
or psychological disability for which there -is not practicable a reasonable
accommodation; failure to provide an acceptable medical release after an absence from
work for medical, addiction or psychological treatment; termination of approved leave;
and prolonged absence from work in conjunction with a claim for - workers'
compensation benefits or disability retirement. A "Notice of Intent and Opportunity to
Respond" shall be served on affected employees as the result of personnel actions of
53
dismissal/separation from employment for such reasons as . job abandonment;
medical or psychological disability for which there is not practicable a reasonable
accommodation; failure to provide an acceptable medical release after an absence
from work for medical, addiction or psychological treatment; termination of
approved leave; and prolonged absence from work in conjunction with a claim for
workers' compensation benefits or disability retirement. The exclusive appeal
procedure for an employee affected by a non-disciplinary separation from
employment shall be Step 4 of the Grievance Procedure.
Section 30.4 Preliminary Discussion
As a general rule, the employee should discuss any complaint. or request for
adjustment with the immediate supervisor before a written grievance may be filed.
Section 30.5 Grievance Criteria
To be reviewable through the grievance procedure, the employee's written submission
to management must address and satisfy all of the following:
A. Must be a matter or incident which has occurred within fifteen (15) calendar
days of reporting;
B. Must result from an act or omission by the City regarding working conditions or
other aspects of the employer-employee relations;
C. Must arise out of a specific situation, act or acts which result in an inequity or
damage to the employee; and
D. Must specify the relief sought which must be within the power of the
immediate supervisor, department director or City staff to grant in whole or in part.
Section 30.6 Grievance Procedure Steps .
Step 1 Employee: The employee shall report in writing any grievance to the
immediate supervisor within fifteen (15) calendar days of the incident. The
employee's writing must note the date the incident was discussed with the
immediate supervisor prior to filing of the formal written grievance.
Immediate Supervisor: The supervisor and/or any other
supervisor/manager from the department shall conduct a meeting with
the employee to more fully understand the employee's basis for the
grievance and remedy or adjustment sought. The supervisor shall
provide a written response to the employee within fifteen (15) calendar
days of the grievance meeting.
54
Step 2 Employee: If further consideration of the grievance is desired, the
employee shall submit the grievance in writing to the department director
within fifteen (15) calendar days of the receipt of the supervisor's reply. If
the employee's immediate supervisor and department director are the
same person, the employee may advance the grievance to Step 3.
Department Director:. The department director . shall conduct a
meeting with the employee within fifteen (15) calendar days of the
submission of the grievance to more fully understand the employee's
basis for the grievance and remedy or adjustment sought. The department
director shall provide a written response within fifteen (15) calendar days
of the conclusion of the meeting.
Step 3 Employee: If further consideration of the grievance is desired, the
employee or the Union shall submit the grievance in writing to the Hum_ an
Resources Director within fifteen (15) calendar days of the receipt of the
department director's reply. The employee or Union shall specify in the
grievance submittal whether outside mediation, or direct advancement of
the grievance to the City Manager(Step 4) is desired at this step.
Human Resources Director: Requests for immediate advancement of the
grievance to the City Manager (Step 4) will be forwarded to the City
Manager for scheduling of a grievance meeting. In the event mediation
is desired, the Human Resources Director shall arrange in conjunction
with the Union for the meeting with the mediator. Such a meeting shall
.be scheduled within fifteen (15) calendar days or as soon thereafter as is
practicable.
Step 4 Employee: If further consideration of the grievance is desired,. the
employee with prior approval of the Union shall submit the grievance in
writing to the City Manager within fifteen (15) calendar days from
conclusion of the Step 3 mediation meeting.
City Manager: The City Manager or designee shall schedule a meeting
as soon as practicable with the employee and/or Union, typically within
fifteen (15) calendar days. The City Manager or designee shall conduct a
meeting with the employee and/or Union to more fully understand the
employee's basis for the grievance and remedy or adjustment sought.
The City Manager's decision shall be final.
55
Section 30.7 Grievance Procedure Exclusions
The following personnel rules or regulations, personnel actions, working conditions, or
other terms and conditions of employment with the City are not grievable:
A. The matter is reviewable under, or subject to some other administrative
procedure and/or personnel rules or regulations, or otherwise excluded, such as:
(1) Applications for changes in title, job. classification, or salary;
(2) Appeals arising from termination of employment during probationary
period;
(3) Performance evaluation (Certain Performance Evaluations are
reviewable under the Performance Evaluation Appeal Procedure
provided by Article 25.3)
(4) Disciplinary action;
(5) Workers' compensation; and
(6) Alternative work schedules determination (Alternative Work Schedule
changes are subject to discussion/review with the Department Director as
provided by Article 27.4)
B. Would require a change in prevailing ordinances or resolutions, to circumvent
existing avenues of relief where appeal procedures have been prescribed.
C. Relates to the group insurance or retirement programs.
D. Relates to the "meet and confer" process or any impasse resulting there from.
Section 30.8 Eligible Employees
Only current regular employees may file and pursue grievances.
Section 30.9 Witnesses
There shall not normally be a provision for the testimony of -witnesses at the
grievance meeting with the supervisor, department director, mediator, or City Manager.
Section 30.10 Combined Grievances
At Step 2, the department director may determine to combine multiple employee
grievances over the same general issue. Whenever there is a grievance from a group
of employees and/or whenever grievances have been combined, one employee will be
56
designated as the spokesperson for the grievance. Only the spokesperson .(and
steward for represented employees) shall be eligible for paid release time for
participation in the grievance procedure.
Section 30.11 Extended Time Limits
The immediate supervisor, department director, Human Resources Director or City
Manager and the Union and/or employee may determine to extend the time limits for
reply to a grievance or for scheduling a grievance meeting. Notice of the time limit
extension shall be provided to the grievant.
Section 30.12 Limited Effect
The final grievance determination made at Step 1, by an immediate supervisor, shall
have no effect on any other employee, other department or future work situation.
Each grievance decision by an immediate supervisor shall stand on its own and not
serve as precedent for other grievance decisions or otherwise limit future management
actions.
Section 30.13 Retaliation Prohibited
The employee shall not be penalized or retaliated against in any way for making a good
faith utilization of the grievance process.
Section 30.14 Grievance Procedure Published
The City's grievance procedure shall be published with other personnel system policies
as a provision of the Personnel Rules or Administrative Manual.
ARTICLE 31. Labor— Management Committee
The City and the Union agree to establish a Labor - Management Committee. The
purpose of this Committee is to discuss issues relating to this agreement, and other
issues of mutual interest. The Committee shall have no authority to change, modify,
alter or amend this agreement. It is the intent of the parties to foster a cooperative
atmosphere and harmonious working relations.
Section 31.1 Membership
The Committee shall be composed of the President of the Encinitas Local Chapter or
the President's designee, two additional employee representatives and one staff
representative from the Union. The City representatives shall be the City's Human
Resources Director and other representatives designated by the City. Additional
parties may attend the meeting upon mutual approval of the Local Chapter President
and the Human Resources Director.
57
Section 31.2 Meeting Schedule
Meetings shall be held when mutually agreed upon at times that are mutually
acceptable to both parties. Prior to each meeting the Local Chapter President and
Human Resources Director will develop an Agenda for each meeting. The parties
agree that new employee orientation, work place respect, and structure of the medical
insurance benefit are appropriate topics for the Committee's work.
The Committee shall meet on approximately a quarterly basis, or more often if
warranted by issues of mutual concern to the parties.
Section 31.3 Administrative Manual Revision Project
The City anticipates routine updating and revising many of the personnel rules and
employment provisions of the Administrative Manual. It is expected that the Labor-
Management Committee will be tasked with providing consultations to management
during the course of this management activity. After consultation with the Labor-
Management Committee, the City will promulgate Administrative Manual provisions
and/or Personnel Rules.
ARTICLE 32. Severability Clause
The resolution of City Council which adopts this Memorandum of Understanding or
the enacting resolution is at any time, or in any way held to be contrary to any law by
any court of proper jurisdiction, the remainder of this document and the remainder of
the resolution shall not be affected thereby, and shall remain in full force and effect.
Should immediate remedial action be ordered as the result of a ruling of a court of
proper jurisdiction, or in the judgment of the City should immediate remedial action be
necessary as the result of such a ruling, the City shall unilaterally initiate such action.
However, the City shall as soon as practicable initiate the opportunity to meet and
confer with the Union about appropriate remedial action.
ARTICLE 33. Term / Duration
The term of this Memorandum of Understanding shall be from July 1, 2019 through
June 30, 2023.
58.
IN THE WITNESS THEREOF, the parties.hereto have caused their duly authorized
representative to execute the Memorandum of Understanding.
City of Encinitas Service Employees International
San Dieguito Water District Union, Local 221
Karen P Brust, City Manager Maggie Ta, Chief Negotiator
Teresa McBroome, Finance Director Ryan Stone, Chapter President SDWD
Janet Burke, Human Resources Analyst II J. Dichoso, Planning
Tanya Allsup, Finance Analyst III . Mike Garcia, Public Works
Jace Schwarm, Risk Manager Joe Dodson, Planning
Tom Bokosky; Human Resources Director Debra Geishart, Planning
Jerry Condron, Public Works _
59
_ j
i
APPENDIX "A"
CLASSIFICATIONS REPRESENTED BY SERVICE EMPLOYEES
INTERNATIONAL UNION, LOCAL 221
1. Accountant 1 / II /II I
2. Code Enforcement Officer I / II / III
3. Code Enforcement Supervisor
4. Department Administrative Support Coordinator
5. Deputy Fire Marshal 1 / II
6. Engineer I / II
7. Engineering Specialist II / III
8. Facilities Specialist
9. Facilities Supervisor
10. Finance Technician I / II /III
11. Geographic Information Systems Analyst I / II / III
12. Geographic Information Systems Technician 1 / II
13. Heavy Equipment Mechanic I / II / III
14. Information Technology Analyst 1 / II / III
15 Information Technology Technician 1 / II
16. Parks & Beach Supervisor I / II
17. Planner I / II / III / IV
18. Program Assistant I / II /.III
19. Program Coordinator
20. Recreation Supervisor I / II
21. Senior Deputy Fire Marshal
22. Stormwater Environmental Specialist I / II / III
23. Utility & Maintenance Field Supervisor
24. Utility & Maintenance Specialist I / II
25. Utility & Maintenance Supervisor
26. Utility & Maintenance Technician I / II / III / IV
27. Water Conservation Specialist I / II
(Marine Safety Classifications represented by SEW, Local 221)
28. Marine Safety Lieutenant
29. Marine Safety Sergeant
60;
APPENDIX "A"
CLASSIFICATIONS REPRESENTED BY SERVICE EMPLOYEES
INTERNATIONAL UNION, LOCAL 221
2% Increase Effective July 1, 2019
Classification Title Grade Monthly Pay' Monthly Pay
Rate- Low Rate-High
Pro ram Assistant l'- 11. =3;053 _ 3 897
Finance Technician l 13 3,741 4,775
r Geographic Information Systems Technician 1 ;13 3 741 4 775
Heavy Equipment Mechanic 1 13 3,741 4,775
Information Technology Technician':l.. _ ,13- 3;741: 4;775
Program Assistant II 13 3,741 4,775
U r rt lr rt l & Maintenance Technician l 13. ,$,-741,' 4;775
Finance Technician II 21 3,891 51215
Pro �arri Assistantlll,.. -;21 3"891 . 5°321-,5
Utility & Maintenance Technician II 21 3,891 5,215
Department Admrnist"rative;SupporECoordinator 22 4,21:9 _ 5;654
Facilities Specialist 22 4,219 5,654
I Finance.Technician I11
Geographic Information Systems Technician II 22 4,219 5,654
Heavy Equpment•Mechanic I I 22.. 4 219 '"5"654y.
Information Technology Technician II 22 4,219 5,654
:Planner I� ' .22 4 2119` :5 654
Program Coordinator 22 4,219 5,654
r Utility& Ma intenance Technician Ill 22 4 21.9 5;654
Accountant 1 23 4,546 6,093
Code Enforcemenf Officer: l " ,. 23 . 4'R546 6,093`.
Engineeringecialist 1 23 4,546 6,093
Heavy E" uipment Meehanic`III : ,. = 23 ' ..4,5.46 6;093
Planner II 23 4,546 6,093
Recr.`eation Su°:ervisor_I~'" ::••23 `` :41546'
Stormwater Environmental Specialist 1 23 4,546 6,093
:,Utilrt Maintenance'Technician 1V' ' 23 s, 4 5;4.6 6;0.93
Water Conservation Specialist 1 23 4,546 6,093
A'ccouritant Ih ." _ 24 <4 9.56
6,64
2
Code Enforcement Officer II 24 4,956 6,642
De uty Fire Marshal `24' 4,956.. .6;6,42;
Engineering Specialist II 24 4,956 6,642
°Geo raphrc,`Information System's_=Analyst`I' �, . . >24: ". , 4 956. _ =,=° 6 642
Information Technology Analyst 1 24 4,956 6,642
Parks&:Beach,Su .ervisora: :•; " -.. -`24 - .4:956. `6642;-`: `.•
Planner III 24 4,956 6,642
Recreation Supervisor II 24 4.;9:56, 6.fi42
Stormwater Environmental Specialist II 24 4,956 6,642
U.tilit'.'& Maintenance.Specialist I.; 24 4 956. 6 642
Water Conservation Specialist.11 _ 24 4,956 6,642
61;
APPENDIX "A"
CLASSIFICATIONS REPRESENTED BY SERVICE EMPLOYEES
INTERNATIONAL UNION, LOCAL 221
2% Increase Effective July 1, 2019
Classification Title Grade Monthly Pay' Monthly Pay
Rate- Low Rate High
Accountant III -25 °5; 448' 7,301
Code Enforcement Officer III 25 5,448 7,301
Duty Fire Marshal-II 25 :5,448 7301
Engineering Specialist III 25 5,448 7,301
Facilities Supervisor 25 5,448 7,301
Fleet Maintenance Supervisor 25 5,448 7,301
Parks & Beach.Supervisor II 25 5,448 7;301
Stormwater Environmental Specialist III 25 5,448 7,301
Utili &'Maintenance fieltl Supervisor 25 -5,448 7 301
Utility& Maintenance Specialist II 25 5,448 7,301
i
Code-Enforcemept Supervisor 4.1 5,579 7,851
Geographic Information Systems Analyst II 41 5,579 7,851
Information Technology Analyst.I1 4-1 5,579- - 7,851
Planner IV 41 5,579 7,851
Utility& Maintenance Supervisor. I 41 "5 579 7,851
Geographic Information Systems Analyst III 42 5,891 8,289
fn ormation.Techholog-Analyst,111 - 42 5 891 8,289
Senior Deputy Fire Marshal 42 5,891 8,289
Utilh & Maintenance Supervisor 11 42 5.891 8,Z89
Engineer 1 44 6,594 9,278
Engineer II 45. 7,062
a-ri�T ne Safety Sergeant :585. 4,8:1:1 . 6;4481.
Marine Safety Lieutenant S86 5,245 7,029
62'
APPENDIX "A"
CLASSIFICATIONS REPRESENTED BY SERVICE EMPLOYEES
INTERNATIONAL. UNION, LOCAL 221
2% Increase Effective July 1, 2020
Classification Title Grade Monthly Pay Monthly Pay
Rate- Low Rate- High
Program Assistant l 11 :"3,114 j,976" j
Finance Technician 1 13 3,816 4,870
Geographic Information Systems Technician I 13 3,81'6 4,970
Heavy Equipment Mechanic 1 13 3,816 4,870
I Information Technology.Technician 1 13 3;816 r 4,870
Program Assistant II 13 3,816 4,870
Utility& Maintenance Technician l 13 3,816 4,870-
Finance Technician II 21 3,969 5,319
( Program Assistant Ill : 21 33,9.69 - 5,319
Utility& Maintenance Technician II 21 3,969 5,319
Department Administrative.Support Coordinator 22 4,303 5,767
Facilities Specialist 22 4,303 5,767
Finance Technician 111 22 4,303 5 767
Geographic Information Systems Technician II 22 4,303 5,767
Heavy Equipment.`Mechanic 1 122 4,303: '5,767
Information Technology Technician II 22 4,303 5,767
Planner] -,:'22 AX1 5,767
Program Coordinator 22 4,303 5,767
(U i it I ty&Maintenance Technician,IIh 22 4,303: 5,767
Accountant 1 23 4,637 6,214
Code.Enforcement Officer 1 23 4,637 6;214
Engineering Specialist 1 23 4,637 6,214
Heavy.Equipment Mechanic III 23 4 637 `. 6,214_
Planner II 23 4,637 6,214
Recreation.Su ervisor F 23 4 637 6 214
Stormwater Environmental Specialist 1 23 4,637 6,214
Utility &.Maintenance•Technician IV - 23 4,637 6,21,4,-, --
Water Conservation Specialist 1 23 4,637 6,214
Accountant II 24 -5 056
Code Enforcement Officer II 24 5,056 6,775
D.e uty Fits 'Marshal I -24 . 5,056 6 775
Engineering Specialist II 24 5,056 6,775
Geographic Information SystemsAnalysfil' 24 5,056 6,775
Information Technology Analyst 1 24 5,056 6,775
Parks &Beach.-Supervisor: I 24 ,5,056 6,775
Planner III 24 5,056 . 6,775
1.Recreation,Supervisor li;. 24 5 056 3 6,775
Stormwater Environmental Specialist 11 24 5,056 6,775
Utility,&,Maintenance Specialist I 24 5,056 6,775
Water Conservation Specialist II 24 5,056 6,775
63
APPENDIX "A"
CLASSIFICATIONS REPRESENTED BY SERVICE EMPLOYEES
INTERNATIONAL.UNION, LOCAL 221
2% Increase Effective July 1, 2020
Classification Title Grade Monthly Pay Monthly Pay
Rate— Low Rate- High
Accountant l l l 25 -5<557 T 447.
Code Enforcement Officer III 25 5,557 7,447
=De u Fire:Marshal f 25 5;557 ".7447-
Engineering Specialist III 25 5,557 7,447
[-Facilities.Su eryisor ��25 = 5;557 7=447
Fleet Maintenance Supervisor 25 5,557 7,447
Parks&Beach�Supervisor Jl:` - 25 5,557 . , ,7 447
Stormwater Environmental Specialist III 25 5,557 7,447
Utili & Maintenance"Field Su ervsor 25 5 557 7'447
Utility& Maintenance Specialist II 25 5,557 7,447
Co
deEnforcement Supervisor,-
Geographic Information Systems Analyst II 41 5,691 8,008
1.Information TOchnology Analys . .41 �`� 5 691` � COQ—&
Planner IV 41 5,691 8,008
Utih & Maintenance Supervisor l 41: . 5,69=1' 8,008
Geographic Information Systems Analyst III 42 6,009 8,455
f fn orrri n Technology-Analyst ''42 6 009 `8'455,
Senior Deputy Fire Marshal 42 6,009 8,455
Maintenance Sup 9,
Engineer 1 44 6,725 9,463
Engineer 11 ` 45=-..: 1;Q,-136, °L..
FManne':SafetyvSeraeant '. S85_ 4 907 6576
.Marine Safety Lieutenant S86 5,350 7,170
6.4.
APPENDIX "A"
CLASSIFICATIONS REPRESENTED BY SERVICE EMPLOYEES
INTERNATIONAL UNION, LOCAL 221
2% Increase Effective July 1, 2021
Classification Title Grade Monthly Pay Monthly Pay
Rate- Low Rate- High
J'Program Assistant-I 11 3,177. 4,054`
Finance Technician 1 13 3,892 4,968
Geographic Information Systems Technician 1 13 3,892 4,968
Heavy Equipment Mechanic 1 13 3,892 4,968
Information Technology Technician 1 13 , 3,892 4 968
Program Assistant II 13 .3,892 4,968
Utilily& Maintenance Technician 1. 13 3,892 4,968,
Finance Technician II 21 4,049 5,426
Program"Assistant III 21 4 049 5A26
Utility & Maintenance Technician II 21 4,049 5,426
[e=artmentAdministrative Support Coordinator . 22- 4,389 5 882
Facilities Specialist 22 4,389 5,882
Finance Technician 111 22 4,3.89 5,882'
Geographic Information Systems Technician II 22 4,389 5,882
Hea Equipment Mechanic II 22'. 4'389 '5 882'
Information Technology Technician II 22 4,389 5,882
Plannera - 22 4;389. . 5,882.:
Program Coordinator 22 4,389 5,882
Utility& Maintenance Technician:111 22 4.389 5,882
Accountant] 23 4,730 6,339
,Code Enforcement.Officer I 23 4,730, .'6L339:.
Engineering Specialist 1 23 4,730 6,339
" Heavy Equipmenfi Mechanic,lll 23 _4;736` 6,339 .
Planner II 23 4,730 6,339
L Recreation Supervisor I 23 4j730 6339
Stormwater Environmental Specialist 1 23 4,730 6,339
Utili ::&.Maintenance Technician"IV 23 4730, - 6;339.
Water Conservation Specialist 1 23 4,730 6,339
Accountant II 24 5 1:57 6,910,
Code Enforcement Officer II 24 5,157 6,910
De uty re MrhaI' . 24 5; 1.57 0191'& -
Engineering Specialist II 24 5,157 6,9.10
Geographic_Information Systems Analyst 1 24 5,157 6 910
Information Technology Analyst 1 24 5,157 6,910
Parks& Beach Supervisor I =.:24 5,157 6,91U-
Planner III 24 5,157 6,910
:Recreation Sup II ' -24 51157 16;9:1:0. ,
Stormwater Environmental Specialist II 24 5,157 6,910
1 Utility'& Maintenance..Specialist] 24 5,157 6'1910.-,
Water Conservation Specialist II 24 5,157 6,910
65
APPENDIX "A"
CLASSIFICATIONS REPRESENTED BY SERVICE EMPLOYEES
INTERNATIONAL UNION, LOCAL 221
2% Increase Effective July 1, 2021
Classification Title Grade Monthly Pay Monthly Pay
Rate- Low Rate- High
Accountant 111 25 5,668 7,596
Code Enforcement Officer III 25 5,668 7,596
Deputy'Fire Marshal II 25• 5,668 7,596
Engineering Specialist III 25 5,668 .7,596
Facilities Supervisor 25 5;668 7,596
Fleet Maintenance.Supervisor 25 5,668 7,596
Parks&Beach,Supervisor ll. 25 5,668 7,596
Stormwater Environmental Specialist III 25 5,668 7,596
Utilit & Maintenance Field Supervisor :,'25 5;668, 7,596
Utility& Maintenance Specialist II 25 5,668 7,596
I'Code Enforcement Supervisor _ 41 _ 5,805_ _ 8;168 -
Geographic Information Systems Analyst II 41 5,805 8,168
E
Information Technology Analyst II 41 5;805 _ _ 8,1,68
Planner IV 41 5,805 8,168
Utility&;Maintenance Supervisor I 41 5`?805'
Geographic Information Systems Analyst III 42 6,129 8,624
Information Technology�Analyst 111 42 .6;129 8;62'4
Senior Deputy Fire Marshal 42 6,129 8,624
Utili :& Maintenance Supervisor 11. 42 ,:-`,6,129. 8,Q24
Engineer 1 44 6,860 9,653
Engineer II 4S 7.347 10,338
jMarine Safety:S_ergeant 'S85 ;,5,006. :6.,708
Marine Safety Lieutenant S86 5,457 7,313
66
APPENDIX "A"
CLASSIFICATIONS REPRESENTED BY SERVICE EMPLOYEES
INTERNATIONAL.UNION, LOCAL 221
2% Increase Effective July 1, 2022
Classification Title Grade Monthly Pay Monthly Pay
Rate- Low Rate- High
Program Assistant l " 11 3,240 r ` _-`4,136
Finance Technician l 13 3,970 5,067
Geographic Information Systems Technician 1. 13 °°3,970 5067
Heavy Equipment Mechanic 1 13 3,970 5,067
1.Information Technology Technician.l 13 `3;970 5,067
Program Assistant II 13 3,970 5,067
Utility& Maintenance Technician 1 13 3,970 5 067
Finance Technician II 21 4,130 5,534
Program Assistant 111 21 ::4 130 553..4
Utility& Maintenance Technician II 21 4,130 5,534
Department Administrative Support Coordinator 22 4,477 6,Q00
Facilities Specialist 22 4,477 6,000
e Finance Technician III 22 ":4;477 6,000.
Geographic.Information Systems Technician II 22 4,477 6,000
Heavy.Equipment:Mechanic]I 22 :4,477 6000
Information Technology Technician II 22 4,477 6,000
Planner l 22 • 4;477 . 6 000
Program Coordinator 22 4,477 6,000
U i it lI & Maintenance Technician;III 22 4,477, 6,OOQ.
Accountant 1 23 4,825 6,466
[:C'ode Enforcement Officer 1 23 .:4,825 6,466
Engineering Specialist 1 23 4,825 6,466
Heavy E uipment'Mechanie lif :`23: 7 4-825 6 466
Planner II 23 4,825 6,466
Recreation Su ervisor.l 23 4 825 6,466
Stormwater Environmental Specialist I 23 4,825 6,466
utility&.Maintenance Technician 1V 23 7 -6 4.66:.•
Water Conservation Specialist 1 23 4,825 6,466
i_Accountanf 11 24 5'260 7 049
Code Enforcement Officer II 24 5,260 7,049
beputy Fire Marsfal;l : 24 5'260 7 049
Engineering _Specialist II 24 5,260 7,049
Geographic.lnformation Systems Analyst I 24 5,260 7,049'
Information Technology Analyst 1 24 5,260 7,049
Parks&:Beach Supervisor 1 24 '5,260: " 7,049;
Planner III 24 5,260 7,049
Recreationn Supervisor I I 24 5;260`. 7,049
Stormwater Environmental Specialist II 24 5,260 7,049
Utility& Maintenance Specialist 1, 24 53-260 7049
Water Conservation Specialist II 24 5,260 7,049
67
APPENDIX "All
CLASSIFICATIONS REPRESENTED BY SERVICE EMPLOYEES
INTERNATIONAL UNION, LOCAL 221
2% Increase Effective July 1, 2022
Classification Title Grade Monthly Pay Monthly Pay-
Rate— Low Rate- High
Water-Conservation Specialist 11 24 5;260 7,049__
Accountant III 25 5,782 7,748
Code Enforcement Officer 111 25' 5-782 a :7,748
Deputy Fire Marshal II 25 5,782 7,748
Engineering.Specialist-111 25 5,782 7,748
Facilities Supervisor 25 5,782 7,748
1.Fleet-Maintenance Supervisor 25 5j-782 7,748
Parks & Beach Supervisor II 25 5,782 7,748
Stormwater°Environmental Specialist:lll. 25 5;782 7'748
Utility & Maintenance Field Supervisor 25 5,782 7,748
Utility& Maintenance Specialist II 25 5,782 7 748
Code Enforcement Supervisor 41 5,921 8,331
Geographic;Inforrimation Systems Analyst II' 4.1 5;921 8,331-
- Information Technology Analyst II 41 5;921 8,331
Planner.IV" 41. 5;921 ' %; 31
Utility& Maintenance Supervisor 1 41 5,921 8,331
GeographicJnformation Systems Analyst III 42 6 252 8,797
Information Technology Analyst III 42 6,252 8,797
.Senior pevuly-Fire Marshal 42 6 252 .8.797
Utility& Maintenance Supervisor 11 42 6,252 8,797
LEngineer I'. 44 6 997 9;846
{�Engineer II 45 7,494 10,545 •�^'°q
Marine Safety Sergeant S85 5,106 6,842
Marine Safety,Lie.uteriant :S86 ;: 5;5.66: 7;4.59
68s
APPENDIX "B"
ENCINITAS CITY FIRE PROTECTION DISTRICT EMPLOYEES
ELIGIBLE FOR SUPPLEMENTAL RETIREMENT PAY
Article 15, Section 15.6 Supplemental Retirement Pay of this document provides
supplemental retirement pay to certain employees who were employees of the former
Encinitas Fire Protection District. This retirement benefit provision of Article 15—. F,
Section 15.6 applies only to employees (whether in the PERS safety contract or PERS
miscellaneous contract) of the former Encinitas Fire Protection District who were
employed by the Fire District on June 30, 1995. However, this provision of Article
15 also applies to retired SEIU represented bargaining unit employees of the
Encinitas Fire Protection District. This subsection of Article 15 specifically provides
former employees of the Encinitas Fire Protection District with direct payment by the
employer of retirement benefits that are different than those provided other employees
of the bargaining unit by virtue of their prior service as employees of the Fire District.
The specific amounts of supplemental retirement benefits provided retired employees
of the former Encinitas Fire Protection District are adjusted from time-to-time depending
on a formula and agreements with the Encinitas Firefighters'Association.
The following employees with service before June 30, 1995 with the former Encinitas
Fire Protection District are eligible for supplemental retirement contributions:
Unrepresented Employees
Corina Jimenez
Anita Pupping
691
APPENDIX "C"
INCOME PROTECTION PLAN (IPP) INSURANCE
CITY OF
ENCINITAS
ADMINISTRATIVE MANUAL
Policy Title: Income Protection Plan (IPP) Insurance Section: Personnel
Responsible Department: City Manager/Human Resources Number: P002
Approved By: City Manager Originally Approved: 10/1987
Last Amendment: 9/2/2003
I. Philosophy
It is the intention of the City of Encinitas to provide a Self-Insured Short-
Term Disability Income Protection Plan (IPP) for a limited period of time for
employees who become incapacitated by a single episode of illness, injury,
or disability. To accomplish this, the City has established the following short-
term self-insured protection benefits.
II. Definitions
A. Self-Insured Short Term Disability Income Protection Plan (IPP):
described as a self- insured benefit provided by the City to employees,
for loss of income while incapacitated by illness, injury, or disability.
B. Eligible Employee: For the purpose of this section, "Eligible
Employee" shall mean all regular employees. Reserve employees,
firefighters, and contract employees are excluded from IPP benefits.
C. Illness: "Illness" shall mean disease, injury, impairment (physical
or mental condition), or other cause of incapacitation requiring in-
patient care in a hospital, hospice or residential health care facility, or
continuing treatment or supervision by a health care provider or any
other cause of incapacitation of an Eligible Employee including that
covered by the provisions of the Workers' Compensation Laws of the
State of California.
D. Unit of Benefit. "Unit of Benefit" shall generally mean one or more
coritinuous work days not to exceed ninety (90) calendar days per one
unit of IPP paid to the equivalent of one paid work day per day use.
An Eligible Employee may receive payment for an .Absence
70'
Occurrence at the employee's established rate of pay with the
exceptions as seen in Section III_, B.1.
E. Absence Occurrence: "Absence Occurrence" shall mean an. absence
from work due to a single episode of illness of the employee for one or
more work days, .not to exceed ninety (90) calendar..days- to be
credited against one Unit of Benefit. An employee, may not use two
IPP Units of Benefit concurrently. Once an employee: receives Self-
Insured Short-Term Disability Income Protection Plan (IPP) benefits
for ninety (90) days, they are typically eligible for Long Term Disability
(see Section IV of this policy).
Absences for which the employee will be paid under the Self-Insured
Short-Term Disability Income Protection Plan without reduction of
Units of Benefit include the following:
1. Illness, bodily injury, impairment (physical or mental condition), or .
exposure to contagious disease covered by the provisions of
the Workers' Compensation statutory benefits. Workers'
Compensation statutory benefits will be an offset to the Self-
Insured Short-Term Disability Income Protection Plan up to the
ninety (90) calendar days. The employee's established full rate
of pay will be the basis for the Workers' -Compensation offset,
of the employee's established rate of pay without exception.
2. Any office visits not requiring an entire work day to a licensed
physician, dentist, chiropractor, or oral surgeon providing the
employee (regardless of tenure) notifies the Appointing Authority
prior to the visit. If the scheduled appointment is during
normal work hours, the employee is expected to be at work
immediately preceding the visit and/or be at work immediately
following the visit.
III. Method
A. Eligible Units of Benefit:
1. New Hires - Eligible employees shall receive the first Unit of
Benefit upon date of hire. Subsequent Units shall become
available at the rate of one Unit every three consecutive months
of employment until 12 'months have been completed. Accrual
shall begin on the last day of the month of hire.
During the 12-month period, employees shall not accrue Units of
Benefit for any three month period in which an Absence
Occurrence is incurred. However, if an employee has worked two
7:1,
or more consecutive. months prior to an Absence Occurrence,
he/she shall accrue a Unit of Benefit for that three (3) month
Period.
2. After 12-Month Period - After the initial 12-month period has elapsed,
employees shall receive Units of Benefit at the rate of one Unit per
month, except for any month in which an Absence Occurrence is
incurred. However, if an Absence Occurrence is less than four weeks
and falls within two months (i.e., illness began in the previous month),
subsequent Units shall recommence in the month in :which the
employee returns to .work and shall continue subject to reduction for
Absence Occurrences.
3. Maximum Units - An employee hired after July 1, 2003 shall have a
maximum balance of no more than four (4) units of benefit at any time.
An employee hired before June 30, 2003 shall have a maximum
balance of no more than five (5) units of benefit at any time:
4. An employee's bank of accrued IPP Units of Benefit is not affected by
the transfer of employment between the City of Encinitas. and the San
Dieguito Water District.
B. Use of Units:
1. Payment of Self-Insured Short-Term Disability Income Protection
Plan (IPP) Benefit - An Eligible Employee will receive the first Unit of
Benefit (unit received upon date of hire) and all subsequent Units of
Benefits at 100% of the employee's regular rate of pay with two
exceptions
a. If the employee uses his/her Units of Benefit and drops to a
balance of one Unit, Self-Insured Short Term Disability Income
Protection . Plan (IPP) benefits will be paid at two-thirds
(approximately 67%) of the employee's regular rate of pay during
the use of the last Unit.
b. During the new employee's first -six (6) months of
employment, an Eligible Employee will receive payment for an
Absence Occurrence at two-thirds (approximately 67%) of the
employee's established rate of pay. After the first six months of
employment are completed, an Eligible Employee will receive
payment for an Absence Occurrence or health care provider
office visit at the employee's established rate of pay.
2. Approval - In order to apply a Unit of Benefit toward an Absence
Occurrence, the employee must first obtain the approval of the
72'
Appointing Authority. The absence request form is used to document
the Appointing Authority's approval of the use of Unit of Benefit. The
Appointing Authority may require written verification by the employee's
treating licensed physician, chiropractor, dentist, or oral surgeon of the
cause of any Absence Occurrence and any specific limitations to the
employee's ability. to return to work or ability to perform temporary
modified duties.
3.. Frequent unplanned absences Frequent unplanned absences may
require close monitoring by the supervisor. With advanced notice to
the employee from the department director, every IPP .absence may
require medical certification. The department director's decision to
place an employee on notice of required certification for every IPP
absence is not subject to the grievance procedure.
a. The affected employee may meet with the supervisor
about the reasons for their medical certification
requirement.
b. The employee may be accompanied by union
representation during such a meeting.
C. The affected employee may request reconsideration of the
medical certification requirement every three (3) months.
4. Consulting physician — The City may require consultation with
A City paid physician at any time in regard to an IPP absence.
Referral to the City paid consulting physician will be made
through Risk Management or Human Resources staff.
5. EAP consultation — The City may facilitate consultation with the
Employee Assistance Program (EAP) provider- at any time in
regard to an employee's record of IPP absence. Except for
verification of attendance, the matters discussed between the
EAP provider and the employee will be confidential.
6. Temporary modified duty — Employees may be required to
perform temporary modified work in lieu of receiving Self-Insured
Short-Term Disability Income Protection Plan (IPP) payments.
7. Conversion - A Unit of Benefit may not be used in advance of
its accrual or converted into cash, time off from work, or any
other benefit and is not to be interpreted as accrued sick leave.
8. FMLA concurrently — Whenever an employee is eligible for both
Self-Insured- Short-Term Disability Income Protection Plan
73
(IPP) benefits and Family Medical Leave Act time off from
work, the Self-Insured Short-Term Disability Income Protection
Plan (IPP) shall run concurrently with Family Medical. Leave Act
time off and similar California Laws as outlined in Policy Number
PO39.
IV. Long Term Disability
In addition to the Self-Insured Short Term Disability Income Protection
Plan (IPP), all City employees, excluding reserve and contractual
employees, receive long term disability insurance. This coverage is
designed to .provide, to persons insured, a monthly benefit that partially
replaces income lost during periods of total disability.
Payment of benefits begins after a ninety (90) day qualifying period is
satisfied (during which time Self-Insured Short Term Disability Income
Protection Plan/IPP can be used) and continues until either the one
period of total disability ends, or the maximum duration of benefits
expires.
For a more detailed explained of long term disability benefits, including
definitions, exceptions, reductions and limitations, contact the Human
Resources Office.
74