HomeMy WebLinkAboutCC Resolution 8110 (Child Care Program Personnel MOU)RESOLUTION NO. 8110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL PERTAINING TO THE COMPENSATION AND
WORKING CONDITIONS FOR CHILD CARE PROGRAM PERSONNEL
(2 -YEAR AGREEMENT - 1/1/90 THROUGH AND INCLUDING 12/31/91)
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 an working conditions in
accordance with the provisions of the Meyers-Milias-Brown Act; and
WHEREAS, a Memorandum of Understanding dated
and consisting of six pages and Exhibit A, B, C and D 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 2/5/90 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, B and C 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 Monday the 5th of February , 1990,
by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
J n "e �M. Leoncini, City Clerk
()ptjGjN AL ,A,o
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN RAFAEL
AND THE CHILD CARE UNIT
I. TERM
This agreement shall be in effect from January 1, 1990,
through and including December 31, 1991.
II. SALARY
A. Effective January 1, 1990, salary increases as follows:
1. 5.75% to Child Care Director.
2. 7.0% to Child Care Instructor II and Child Care
Bookkeeper.
3. 7.5% to Child Care Instructor I. (See Exhibit A.)
B. 1. Effective January 1, 1990, the salary range of Child
Care Instructor I will be a three step range of
Steps B, C and D.
2. Effective January 1, 1991, the range will be a four
step range of Steps B, C, D and E.
C. Effective January 1, 1991, salary increases as follows:
1. 6% to Child Care Instructor II, Child Care
Instructor I and Child Care Bookkeeper.
2. 3% to Child Care Director. (See Exhibit B.)
D. Effective July 1, 1991, a 2% salary equity increase to
Child Care Directors. (See Exhibit C.)
E. 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. 1. Health Insurance. The City shall contribute, on
behalf of those employees in the classification of
Child Care Center Director, Child Care Instructor
II and Child Care Bookkeeper who are scheduled to
work 35 hours or more per week, and who participate
in the City's health insurance program, an amount
not to exceed the premium cost of covering a single
employee under the Kaiser Foundation Health Plan.
2. Effective March 15, 1990, for a coverage effective
date of April 1, 1990, 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 cost for the dental insurance program for these
eligible Child Care Center Director positions.
C. State Disability Insurance (SDI)
Contingent upon bargaining unit membership approval and
upon adoption of this Memorandum of Understanding, the
City will make appropriate deductions from employee
paychecks for State Disability Insurance (S.D.I.). SDI
payments are to be integrated with paid Sick Leave.
IV. PAID LEAVE
A. Effective with adoption of this Memorandum of
Understanding, and as early as administratively possible,
the provisions of Vacation and Sick Leave as outlined in
Chapter 15, Sections 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. References 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
- 2 -
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 employee's 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.
B. Child Care employees previously accrued Personal Leave
shall be transferred to Sick Leave and Vacation accounts
with equal amounts going to each account (50-50
allocation of accrued leave).
1. Accrual rates shall be based upon years of service
in accordance with Chapter 15.
V. HOLIDAYS
Employee shall be granted the following holidays:
January lst, 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.
VI. RETIREMENT
A. Effective January 1, 1991, 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. Both
�c�
parties have agreed to meet and confer to develop a revised
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.
XIV. WORK WEEK
The work week for the 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 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/FIRST AID TRAINING
An annual program for cardiopulmonary resuscitation (CPR) and
First Aid certification will be provided for persons working
- 4 -
as Child Care Directors and Instructors II.
XVI. GRIEVANCE PROCEDURE
Chapter 16 of the City of San Rafael Rules and Regulations,
titled, "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 of
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 January
1, 1992.
V
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 January
1, 1992.
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 term of this agreement.
MARIN ASSN. OF PUBLIC EMPLOYEES
BY /.vt:Tii i,
Beth Winters
Senior Field Representative
Cynthia Fox I
Employee Representative
Kathleen Za eta
Employee Representative
Dated:
v /
M:=
CITY OF SAN RAFAEL
BY--
Suzan Golt
Assist. to the City Manager
Nancy 990kcSr
Child Care Program Manager
Wil -Sarf '
Child Car P gram cord.
m
N
n
w
C-)
n
to t0 to t0
E
v O O N
t0 t0 t0 %0
— f
o
S
wWWLI)
w w
AOOO
WNcaW
w w
rn 1--• I-. pO
J•
m
cn Ln crl Ln
to to
Cr
to 1J cn cn
In to
1-+ w O N
N CD
V I•- CO M
N m
n_
(D
rD
m
In
CL
N
n
-4)
(D
(D
n
rf
C
J.
L
J.
m
nnnn
--I
nnnn
-i
••
C-
S S S S
J•
S S S S
J-
w
J• J• J. J•
rt
J. J. J. J.
rt
(D
n. n- na l
(D
w
I
n n n n
n n n n
Lc
w w w w
w w a w
1 -1 -5 -
n
m (D rD rD
m m m m
• -� Ca C-)
.-, 177 t')
N O N=
to O to O
t0
rt 7r rt ct
rt 7r C -t. t -r
O
I >r -s m
-1 74r -S m
C m C-1
C m C Z
0 (D C)
0 m n
c+
rh _0 rr p
N
rt -0 rt O
N
S
O m 0 -,•
m
O m 0 -+•
m
m
'i -s -S
n
'S -5 -
n
m
rr
m
rr
-n
�rh
O
O
•1
0
N
�-+
to
C-)
n
J.
J
J•
a
CL
CL
to
N
C-)
n
m
w
w
to
N N V
m
►J
m
O
AAN
oCC) 0
W W N
�
�
�
•fl
N N 1-'
O
0 0 1--'
O
O
N N CT
tD
t0
Ln
w
w
c'h
O
►� 1- I- A ►-+
I
I
z
OWW00
I..
to
)-A Ln LrlA
T
CT o 0
Oo tr tri tr
co
c
W
w
w
-�
V t0 t0 W
•S
O
t0W Wo
NWwm
r+-
CD -
Ln t0 t0 V
1
1
-�
--I
w
J
m
m
w
I-- A A t0
wrnrnrn
vtotoN
NMCT V
C-)
n
Z
IJ 10 t0 N
to
m
N
-h
0
m
X
co
ilm
w
M+ U'1 cn
m
v O O N
UD 0 0 0 O
o
S
6 ;_ :_ V
m
AOOO
UltnCnA
-1
rn 1--• I-. pO
m
Cr
n
m
w
rF
m
CL
-h
0
m
X
co
ilm
-n
0
m
x
M
n
n
to to to to
-- E
to t0 to to
-:c
W W W W
W CL
w N W W
O+ Gi
J.
un CTl un Ly
N t0
Ul Ln Ln
H to
IJ W O N
N M
V r-' 00 m
(A CD
o.
M
CD
m
N
N
ty
ti
W
-h
'i
M
M
C")
c+
J.
J.
M
rt
rir%Eyn
nrinn
J
•.
c
SSS S
J•
S S S S
{•+
JL^
^J^ ^
C. C. m 1..
CD
m m a. m
CD
nclnc•)
nnnM
tG
a is, a IIi
W c, a s
m ID M ID
m m m m
►r oo no n
no ao no n
►r
O O= CD
O O O m
`•�
N O t/1 =
Vf O CA =
r•h 7C• r+ f•r
rt 77 r+ C F
7t' i M
7r Z (D
C M C i
0 (D 0
C) CD 0
r+
r+ O r+ O
N
r+ O rf' O
N
S
O CD O J•
fD
O M O J•
O
M
s Z •i •7
rl
.z -3 -1 •1
f�
c+
-h
no n1 ri
J.
FN no n
J.
O
no r+
O
no r+
O
�
O
O
O
N
�
to
n
n
�
S
n
a
a
c -)n
rD
W W V
(D
1-+
fD
O
IJP. V
OOO
17
V V ca
Do
A)
v
-o
o
0
aoaoO
0
totow
Co
to
to
�
•z
J.
y
Qj
rt
O
O -p •A to
OOW WO
T
V toton"
Ornrn
vo
c
W
a
a
O V V N
N V V O
C+
a.
tD �-' ►-' CTl
1
1
CA
J.
d
J
M
N CJl CJl O
P" n•
O C J 7 C I l N
V O O N
Oi-•AQl
n
n
tDNNS.
n,
VWWCT
NCJICJIV
O
CO V V CT
to
M
N
0)
�+ ps Ps N
-5
N Ql M FN-
CD
Q7WwW
OOOLA)
O N N N
••
S
wV V4
fD
O ? I N
N Q7 M N
-
W WW A.
f D
Q
�G
n
W
M
N
tL
LA.)
m
co
r+
M
(D
O
V
o_
V
A
-n
0
m
x
nnnn
C-)
n
UD UD km kD
-• :c
UD kD tD to
— £
W W W W
W ry
w N C..1 W
CL rL
Ln Lnt.nC7i
LA Lo
LnI.-Ult,n
NO
►-' W O N
to rD
V *- Cb 0)
to rD
n n
CD
rD
N
N
nnnn
—I
nnnn
-�
S S S S
-�•
O- S S S
J.
r+
0_ 0_ C1 CS
rD
C1 m m C1
rD
n n
n n C-)
CD CD CD rD
CD rD rD CD
O O O rD
= O c CD
to O to O
to O to O
crt 717 r+ r+
t•+ W, r+ t•+
I 7r Z CD
-S 7r -1 rD
C rD c -1
c O c -S
0 CD Cl)
c) CD 0
c+TJ r+ O
t.n
t-+-0 e+ O
O rD O -+•
rD
O rD O J•
T
C+
rD
HI h•N n
J.
Icy H 0
t..h
O
O
O
N
a
C-)
S
J.
J
Q
C-)
CL
fd
w w OD
1�►� O
W 00—
ko
n
n
woow
o
��c~r,
R+
OAAtD
r-+
co w W W
-r7
V t p t,D 1-+
O m m ko
W
c
�
F-+AAtD
OvvN
�
Nv�lw
t0 t-� fJ CO
1
r
CD
NCncnO
CDt,ntn0)
V OON
O A A v
n
n
to N N v
VwW �"
r%)Ln LnN
Co-4vO
N m 0) 1—
►... �-.+ �.
MW W V
QDOOW
O N N A
O
O
w v v w
t?JAA00
NcnClco
W ►-� t•-+ N
w
N
Lo
m
00
O
v
m
V
.A
CL
m
C-) -h
a
I rD
rD 0
J.
J.
••
c
m
k
HY
F�f
C7