HomeMy WebLinkAboutCC Resolution 8635 (Child Care Program Personnel)RESOLUTION NO. 8635
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL PERTAINING TO THE COMPENSATION AND
WORKING CONDITIONS FOR CHILD CARE PROGRAM PERSONNEL
(18 MONTH AGREEMENT - 1-1-92 THROUGH AND INCLUDING 6-30-93)
WHEREAS, the City of San Rafael and Marin Association of
Public Employees S.E.I.U. - Local 949 Child Care unit have met and
conferred with regard to wages, hours and working conditions in
accordance with the provisions of the Meyers-Milias-Brown Act; and
WHEREAS, a Memorandum of Understanding dated March 16, 1992
and consisting of 6 pages and Exhibits A, B and C has been
executed by duly authorized representatives for both parties;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of San Rafael as follows:
Section 1. From and after the date of adoption of this
Resolution, the City of San Rafael and the Marin Association of
Public Employees, S.E.I.U. Local 949, shall utilize the Memorandum
of Understanding dated March 16. 1992 as the official document of
reference regarding compensation and working conditions for
represented Child Care personnel.
Section 2. The schedule describing classes of positions and
salary ranges attached in Exhibits A and B to said Memorandum
of Understanding, together with the contract form and Memorandum
of Understanding itself, are hereby adopted and both shall be
attached hereto and incorporated in full.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael hereby
certify that the foregoing resolution was duly and regularly
introduced and adopted at a regular meeting of the Council of said
City on Mondav . the 6th of April , 1992, by
the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
-JEANNM. LEONCINI, City Clerk
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ORIGINAL
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN RAFAEL
AND THE CHILD CARE UNIT
I. TERM
The agreement shall be in effect from January 1, 1992, through
and including June 30, 1993.
II. SALARY
A. Effective January 1, 1992, salary increases as follows:
1. 2.0% to all wage classes.
2. Adjust the salary ranges for all wage classes
(starting with existing top step) to create a 5%
differential between each step in each wage class.
B. Effective July 1, 1992, salary increases as follows:
1. 2.5% to Child Care Director wage class.
2. 1.5% to Child Care Instructor II and Child Care
Bookkeeper wage classes.
C. STEP INCREASES
Except as provided below, when considering a step
increase for Child Care Program employees, he/she must
have at least one year of satisfactory service and have
worked a minimum of 700 hours during the preceding year
and receive a positive evaluation from his/her
supervisor. If said employee does not qualify for a step
increase after each year of service, he/she will be
considered for that increase upon the completion of the
minimum 700 hour requirement.
III. INSURANCES
A. Health Insurance. The City shall contribute towards
health insurance premium cost an amount equal to the
premium cost of covering a single employee under the
Kaiser Foundation Health Plan or $125 per month,
whichever is less, on behalf of Child Care Directors,
Child Care Instructor II's, Child Care Instructor I's,
and the Child Care Bookkeeper who are scheduled to work
35 hours or more.
B. Dental Plan. The City will provide a dental insurance
program for the employees in the classification of Child
Care Center Director. The City will pay the total
premium for the dental insurance program for these
eligible Child Care Center Director positions.
C. State Disabilitv Insurance (SDI)
With the bargaining unit membership approval, the City
will continue to make appropriate deductions from
employee paychecks for State Disability Insurance (SDI).
SDI payments are to be integrated with paid Sick Leave.
D. 125 Plan. The City will continue to work with the City's
computer firm (CMSI) on the development of a 125 Plan for
excess health premiums.
IV. PAID LEAVE
A. The provisions of Vacation and Sick Leave as outlined in
Chapter 15, Section One and Two of the Personnel Rules
and Regulations (Resolution 5802 adopted November 5,
1979) shall apply to Child Care Unit employees with the
following exceptions:
1. Reference in Chapter 15 to part-time employees as
related to eligibility for Sick or Vacation Leave
are not applicable.
2. Vacation and Sick Leave accrual rates shall be based
on the daily hours an employee has contracted to
vacation days per year according to the Vacation
Leave provisions and the employee's work day is six
(6) hours, the employee will accrue ten six hour
vacation days.
3. Section 2(a) of the Sick Leave provisions stipulates
that employees who are absent for two or more
consecutive days shall file a physician's
certificate with the Personnel Director is amended
to stipulate that in the event that an employee is
absent for two or more consecutive days, the
supervisor may request a physician's certificate.
4. Accrual rates shall be based upon years of service
in accordance with Chapter 15.
V. HOLIDAYS
Employee shall be granted the following holidays:
January 1st, third Monday in January, third Monday in
February, last Monday in May, July 4th, first Monday in
September, November 11th, Thanksgiving Day, day after
Thanksgiving Day, December 25th.
At the discretion of the Child Care Program Manager, the
celebrated City holidays, noted above, will be coordinated
with the public schools served by the Child Care Centers.
VI. RETIREMENT
A. All employees in the classification of Child Care
Director who are contracted to work 37.5 or more hours
per week, shall be members of the Marin County Retirement
Association. The full share of the employee portion of
the retirement contribution shall be paid by the employee
through automatic payroll deductions. Employee rates
shall be based upon the age of employees as of January
1, 1991.
VII. DEFERRED COMPENSATION PLAN
Child Care Employees who are contracted to work 35 hours or
more each week, are eligible to participate in the City's
Deferred Compensation Plan.
VIII.UNIT TITLE
This bargaining unit shall be referred to as the Child Care
Unit. Child Care employees covered by this Memorandum of
Understanding will be hired on a contract basis at the
appropriate salary and step, and the terms and conditions of
employment as contained in the attached contract. This
includes the classifications of Child Care Director, Child
Care Instructors I and II, and Child Care Bookkeeper, who work
a twelve month year. Terms and conditions are based on a 37.5
hour work week for Child Care Directors and a 35 hour work
week for Child Care Instructors I and II and Child Care
Bookkeepers.
IX. WORK WEEK
The work week for Child Care Center Directors shall be 37.5
hours per week.
X. PROBATION
All employees hired on or after January 16, 1986, shall be
required to serve a probationary period of one (1) year.
XI. TEMPORARY PROMOTIONS
Employees assigned to work out of class and perform the work
of a Child Care Center Director for a period of three
consecutive days or longer, will be compensated at an hourly
rate of five percent (5%) greater than the employee's current
rate, or at the lowest step of the Child Care Center
Director's salary range, whichever is greater. The increase
shall be retroactive to include the first day.
XII. CLASSIFICATION SPECIFICATION
The City and the Union agree that the classification
specifications developed as a part of this meet and confer
process, and dated January 1988, accurately describe the job
classes covered by this Memorandum of Understanding.
XIII.EMPLOYEE ORIENTATION LETTER
The bargaining unit shall provide to the City a supply of
Union Orientation letters. The City shall distribute said
letter to all new employees covered by this Memorandum of
Understanding during its formal New Employee Orientation
Process.
XIV. MATERNITY/PATERNITY BENEFITS
Employees shall be entitled to the same maternity/paternity
benefits given regular City employees.
XV. CPR/FIRS AID TRAINING
An annual program for cardiopulmonary resuscitation (CRP) and
First Aid certification will be provided for persons working
as Child Care Directors and Instructors II.
XVI. GRIEVANCE PROCEDURE
Chapter 16 of the City of San Rafael Rules and Reaulations.
titles, "Grievance Procedure," shall be followed should
employee wish to initiate a grievance as defined in those
Rules.
XVII.INSPECTION OF MEMORANDUM
Both the City and the Union agree to keep duplicate originals
of this Memorandum on file in a readily accessible location,
available for inspection by any employee or member of the
public upon request.
XVIIIEXISTING LAWS, REGULATIONS AND POLICIES
This Memorandum is subject to all applicable laws.
XIX. STRIKES AND LOCKOUTS
During the term of this Memorandum, the City agrees that it
will not lock out employees, and the Union agrees that it will
not agree to, encourage or approve any strike or slowdown
growing out of any dispute relating to the terms of this
agreement. The Union will take whatever lawful steps are
necessary to prevent any interruption of work in violation of
this agreement, recognizing with the City that all matters or
controversy within the scope of this agreement shall be
settled by established procedures set forth in the City's
charter, ordinances and regulations, as may be amended from
time to time.
XX. FULL UNDERSTANDING, MODIFICATION, WAIVER
1. The parties jointly represent to the City Council that
this Memorandum of Understanding sets forth the full and
entire understanding of the parties regarding the matters
set forth herein.
2. Except as specifically otherwise provided herein, it is
agreed and understood that each party hereto voluntarily
and unqualifiedly waives its right, and agrees that the
other shall not be required to meet and confer with
respect to any subject or matter covered herein, nor as
to wages or fringe benefits, during the period of the
term of this Memorandum. The foregoing shall not
preclude the parties hereto from meeting and conferring
at any time during the term of this agreement with
respect to any subject matter within the scope of meeting
and conferring for a proposed Memorandum of Understanding
between the parties, to be effective on or after June 30,
1993.
XXI. SEVERABILITY
If any article, paragraph or section of this Memorandum shall
be held to be invalid by operation of law, or by any tribunal
of competent jurisdiction, or if compliance with or any
enforcement of any provision hereof be restrained by such
tribunal, the remainder of this Memorandum shall not be
affected thereby, and the parties shall, if possible, enter
into meet and confer sessions for the sole purpose of arriving
at a mutually satisfactory replacement for such article,
paragraph or section.
XXII.PREVAILING RIGHTS
All matters within the scope of meeting and conferring which
have previously been adopted through rules, regulations,
ordinance or resolution, which are not specifically superseded
by this Memorandum of Understanding, shall remain in full
force and effect throughout the terms of this agreement.
MARIN ASSN. OF PUBLIC EMPLOYEES
BY
ames Burneo
Executive Secretary
BY
Lindsay Mart n
Employee esentative
BYJAt�l�
Steve Farbstein
Employee Representative
DATED:
CITY OF SAN RAFAEL
BY
Suzann JG� olt,
Assistant City Manager
BY-
$haron McNamee
Recreation Director
BY i11
WillAAM S rf
Child Care Program'Manager
1
BY
Darryl G. Chandler
Personnel Officer
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AGREEMENT
THIS AGREEMENT made and entered into the day of
, by and between the CITY OF SAN RAFAEL, hereafter referred
to as "CITY” and
hereafter referred to as "CONTRACT EMPLOYEE".
WHEREAS, the CITY, in order to provide Child Care Services to
its residents determined to employ qualified individuals for a
fixed term to administer and/or provide program services; and
WHEREAS, the City, in order to provide such child care
services is authorized to employ a
NOW, THEREFORE, in consideration of the mutual covenants and
agreements contained herein, the parties hereby agree as follows:
1. The City hereby contracts with CONTRACT EMPLOYEE to
perform services as a
2. CONTRACT EMPLOYEE agrees to perform, the services required
as set forth in the appropriate job class specification,
attached hereto as Exhibit "A" and incorporated herein by
reference.
3. In consideration of CONTRACT EMPLOYEE performing these
services in the above stated position, he/she shall then
be compensated as follows:
Employee shall be paid each month on the business day
falling on or nearest the fifteenth (15th) and the last
day of the month in the same manner as full-time, regular
employees of the City of San Rafael.
4. CONTRACT EMPLOYEE is entitled to and agrees to the terms
and conditions of the Child Care Memorandum of
Understanding with Marin Association of Public Employees
(M.A.P.E.) SEIU Local 949 described in City Resolution
#8110.
5. Contract Employee agrees that as a condition of
employment, the employee agrees to abide by the terms of
the City's Drug -Free Workplace Policy.
6. CONTRACT EMPLOYEE shall be entitled to benefits as
outlined herein in accordance with the Memorandum of
Understanding. Said CONTRACT EMPLOYEE shall receive paid
holidays, vacation and sick leave based on a hour
day. CONTRACT EMPLOYEE agrees to work days per week.
7. CONTRACT EMPLOYEE named herein is entitled to:
A. CITY paid contribution to health benefits.
YES NO
B. CITY paid dental benefits.
YES NO
C. Participation in CITY retirement program.
YES NO
D. CITY provided CPR training.
YES NO
�XItIiSiT "C"
8. Either party may terminate this agreement upon fifteen
(15) days written notice; and CITY may also terminate this
employment agreement, at its option on the occurrence of
any one of the following special events:
A. The loss of a facility in which program services are
provided due to events beyond the control of CITY, or
occurrence of circumstances that make it impossible
or impractical for the program services to be
continued.
B. The inadequacy of revenues generated by the program
services.
9. If a particular child care program (as opposed to the
entire child care program) is running a deficit or the
facility is no longer available, it may be closed and its
programs terminated or consolidated with other centers.
In the event this occurs, Employees who work at the closed
program/facility shall be considered for transfer to
another like position in an operating child care facility
based upon a review of their performance evaluations and
seniority in accordance with Chapter 8, Section 3 of the
City's Personnel Rules (Incorporation of this. portion of
the Rules is for ease and simplicity and in no way implies
incorporation of the remainder of the body of those
Rules). Performance evaluations shall be written at least
annually.
10. The parties agree to submit any claims or disputes arising
out of this agreement to binding arbitration pursuant to
the current provisions of the California Code of Civil
Procedure and any successor statutes.
IN WITNESS WHEREOF, the parties hereto have entered into this
Agreement the day and year first written above.
CITY OF SAN RAFAEL:
DATE:
PAMELA NICOLAI
City Manager
ATTEST:
JEANNE M. LEONCINI
APPROVED% AS TO FORM:
`CITY ATTORNC
CONTRACT EMPLOYEE:
DATE:
DATE:
DATE:
DATE: /0� 3 15 1