HomeMy WebLinkAboutCC Resolution 6760 (Childcare Program Personnel)r
RESOLUTION NO. 6760
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL PERTAINING TO THE COMPENSATION AND
WORKING CONDITIONS FOR CHILDCARE PROGRAM PERSONNEL
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 19,
1984, and consisting of three pages and Exhibits "A" and "B", 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 shall utilize the Memorandum of Understanding
dated March 19, 1984, as the official document of reference
respecting compensation and working conditions for Childcare
employees.
Section 2. The schedules describing classes of posi-
tions and salary ranges attached in Exhibit A 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 19 day of March 1984, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
99.2 A/21
E NE --M. LEO CI City Clerk
ORK"INAL de
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MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SAN RAFAEL
AND MARIN ASSOCIATION OF PUBLIC EMPLOYEES CHILDCARE
UNIT - S.E.I.U. - LOCAL 949
WHEREAS, authorized representatives of the City of
San Rafael, a chartered city (hereinafter referred to as "City")
and authorized representatives of the MARIN ASSOCIATION OF PUBLIC
EMPLOYEES - S.E.I.U. - Local 949 the recognized employee organ-
ization for Childcare Program employees (hereinafter referred to
as "Association"), have met and conferred concerning wages, hours,
and working conditions.
NOW, THEREFORE, IT IS AGREED that, pursuant to the
provisions of the Meyers-Milias-Brown Act, the matters set forth
in this Memorandum and attached Exhibits constitute the written
Memorandum of Understanding between the City and the Association
and shall apply to all employees represented by the Association.
IT IS FURTHER AGREED that this Memorandum of Under-
standing is subject to the approval of the San Rafael City Council.
DATED:
MARIN ASSOCIATION OF PUBLIC EMPLOYEES
S.E.I.U. - Local 949 - Child Care
B
J M BURNEO
7eneral Manager
99.2 A/17
CITY OF SAN RAFAEL
By
PAMELA J. NICOLAI
Assistant City Manager
MEMORAN" N? OF UNDERSTANDING - CHILD 'ARE UNIT
TERM: This agreement shall be in effect from September 1, 1983
F
through December 31, 1985.
Section 1. Salaries. Effective March 16, 1984, a
salary increase of four percent (40) shall be paid to all employees
in the Child Care Unit and shall be applied across the board to
all classifications, steps and ranges pursuant to Exhibit "A",
Section 1, attached.
Effective January 1, 1985, four percent (0) will be
applied across the board.
Effective September 1, 1985, two percent (2%) will be
applied across the board.
Effective within 30 days of final adoption of this agree-
ment, a one time payment of $225 to each employee employed on
March 1, 1984, will be made, prorated by the number of hours
worked per week over the six months prior to February 29, 1984.
Section 2. 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 (Exhibit A) and the terms
and conditions of employment as contained in the attached contract,
Exhibit "B". This includes the positions of Child Care Director,
Child Care Instructors I and II, Child Care Bookkeeper, who work a
twelve month year. Terms and conditions are based on a 35 -hour
work week.
Section 3. Step Increases. 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.
Effective January 1, 1984, Step D will be added to the
ranges of the positions of Child Care Director and Instructor II,
and Bookkeeper.
Section 4. Inspection of Memorandum. Both the City
and the Association 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.
Section 5. Existing Laws, Regulations and Policies.
This Memorandum is subject to all applicable laws.
Section 6. Strikes and Lockouts. During the term of
this Memorandum, the City agrees that it will not lock out em-
ployees, and the Association 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 Association
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.
Section 7. 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 December 31, 1985.
- 2 -
Section 8. 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 com-
pliance with or any enforcement of any provision hereof be re-
strained 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.
Section 9. 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.
DATED: March 19, 1984.
MARIN ASSOCIATION OF PUBLIC EMPLOYEES
S.E.I.U. - Local 949 - Child Care Unit
B
4TI BURNEO
r General Manager
99.2 A/14
CITY OF SAN RAFAEL
B y
PAMELA J. NI LA
Assistant City Manager
EXHIBIT "A"
SALARY SCHEDULE
Effective March 16, 1984, the following positions will
receive the below listed wage ranges:
POSITION (Part -Time)
4% March 16, 1984
Child Care Center Director
Instructor II/Child Care
Bookkeeper
Instructor I/Child Care
POSITION (Full -Time)
Child Care Center Director
Instructor II/Child Care
Bookkeeper
Instructor I/Child Care
POSITION (Part -Time)
4% January 1, 1985
Child Care Center Director
Instructor II/Child Care
Bookkeeper
Instructor I/Child Care
POSITION (Full -Time)
Child Care Center Director
Instructor II/Child Care
Bookkeeper
Instructor I/Child Care
Step A Step B Step C Step D
7.55
8.09
8.63 9.07
5.94
6.48
7.01 7.36
5.40
5.94
6.48 6.80
4.32
4.86
5.40 --
1145.
901.
818.
654.
1227.
983.
901.
736.
1309.
1063.
983.
818.
1375.
1116.
1032.
--
7.85
8.41
8.98
9.43
6.18
6.74
7.29
7.65
5.62
6.18
6.74
7.07
4.49
5.05
5.62
--
1191..
1276.
1361.
1430.
937.
1022.
1106.
1161.
851.
937.
1022.
1073.
680.
765.
851.
--
EXHIBIT "A"
Page two
POSITION (Part -Time)
2% September 1, 1985
Child Care Center Director
Instructor II/Child Care
Bookkeeper
Tnstr.uctor I/Child Care
POSITION (Full -Time)
Child Care Center Director
Instructor II/Child Care
Bookkeeper
Instructor I/Child Care
Step A Step B Step C Step D
8.01
8.58
9.16 9.62
6.30
6.87
7.44 7.80
5.73
6.30
6.87 7.22
4.58
5.15
5.73 ---
1215.
1302.
1388. 1459.
Q56.
1042.
1128. 1184.
863.
956.
1042. 1094.
694.
780.
868. --
A G R E E M E N T EXHIBIT "B"
THIS AGREEMENT made and entered into this day
of , 198_, by and between the CITY OF SAN RAFAEL,
hereinafter referred to as "CITY" and ,
hereinafter referred to as "EMPLOYEE".
WITNESSETH:
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's collective bargaining agreement with
the Marin Association of Public Employees S.E.I.U. - Local 949 -
Child Care Unit (MAPE) provides for certain wages, hours, and terms
and conditions of employment;
NOW, THEREFORE, in consideration of the mutual covenants
and agreements contained herein, the parties hereby agree as
follows:
1. The CITY hereby employs EMPLOYEE to serve as a con-
tract employee in the position of (Child Care Director)
(Child Care Instructor I & II) (Child Care Bookkeeper)
as funds are available from the date hereof to
198.
2. EMPLOYEE agrees to perform the services required as
set forth in the appropriate job description incor-
porated herein by reference.
3. In consideration of EMPLOYEE performing these services
as (Child Care Director) (Child Care Instructor)
(Child Care Bookkeeper) he/she shall be compensated as
follows: $ /(hour) for hours/week;
/(month) commencing on the date hereof, said
compensation being incorporated as part of
Section of City of Skn Rafael Resolution
No, pertaining to the compensation for
EMPLOYEE shall be paid twice each month on the business
days falling on or nearest the fifteenth (15th) and
the last day of the month in the same manner as full-
time permanent employees of the City of San Rafael.
4. Benefits will be available based upon a payroll deduction
plan whereby employee may select desired benefits from
available plans, the cost of which will be borne by the
employee.
5. EMPLOYEE will be given personal leave days which may be
used for any purpose approved by his/her supervisor
based on the following formula:
Accrual rate per month:
Beginning
first
year -
1.166 hours/month
Beginning
second
year
- 2.337 hours/month
Beginning
third
year -
3.5 hours/month
Beginning
fourth
year
- 4.666 hours/month
Beginning
fifth
year -
5.833 hours/month
Accrual of personal leave will begin with the first
month of work, but use of such leave will begin after
the EMPLOYEE'S first anniversary date.
6. EMPLOYEE shall be entitled to the same maternity/
paternity benefits given regular City employees.
7. EMPLOYEE shall be granted the following holidays:
January 1st, 3rd Monday in February, last Monday
in May, July 4th, first Monday in September,
November 11th, Thanksgiving Day, day after
Thanksgiving, December 25th.
8. An annual program for cardiopulmonary recusitation
(CPR) and First Aid certification will be provided
for persons working as Child Care Directors and
Instructors II.
THIS PROVISION DOES DOES NOT APPLY TO
THIS AGREEMENT.
- 2 -
9. 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.
10. CITY may terminate this employment agreement, at its
option, on the occurrence of any one of the following
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 impracticable for the program
services to be continued. In such event, CITY
shall give EMPLOYEE two (2) calendar weeks written
notice of termination.
(b) The inadequacy of revenues generated by the program
services as determined by Quarterly accounting
audits performed by CITY. In such event, CITY
shall give EMPLOYEE two (2) calendar weeks written
notice of termination.
(c) Commission or ommission by EMPLOYEE of an act or
acts constituting good cause for suspension or
termination. See City of San Rafael Personnel
Rules and Regulations, Chapter 12, in total,
which shall apply in every case wherein suspen-
sion, termination or appeal is at issue.
11. Not withstanding the conditions listed in paragraph 6,
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.
MM
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 Rules. Performance evalu-
ations shall be written at least annually.
12. Incorporation of these portions of the Rules is for
ease and simplicity and in no way implies incorpor-
ation of the remainder of the body of those Rules.
13. CITY and EMPLOYEE may extend, by mutual written agreement,
the same terms and conditions of this agreement for
an additional period as deemed necessary.
IN WITNESS WHEREOF, the parties hereto have entered into this
Agreement the day and year first written above.
ATTEST:
JEANNE M. LEONCINI,
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
97 A/26
- 4 -
CITY OF SAN RAFAEL
ROBERT F. BEYER,
City Manager
EMPLOYEE