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HomeMy WebLinkAboutCC Resolution 12171 (MOU SEIU Supervisory)RESOLUTION NO. 12171 A Resolution of the City Council of the City of San Rafael Amending Resolution Number 11208 Pertaining to the Compensation and Working Conditions for SEIU 949, Supervisory and Miscellaneous Units. (3 year agreement from July 1, 2006 through June 30, 2009). WHEREAS, the City of San Rafael and SEIU 949, Marin Association of Public Employees, herein known as Union, have met and conferred with regard to wages, hours and working conditions in accordance in accordance with the provisions of the Meyers-Milias-Brown Act; and WHEREAS, a Memorandum of Understanding dated July 1, 2006, and consisting of 49 pages and Exhibits 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 Union, shall utilize the Memorandum of Understanding for the period beginning July 1, 2006, as the official document of reference respecting compensation and working conditions for personnel in the Supervisory and Miscellaneous Units represented by MAP E; Section 2: The schedules describing classes of positions and salary ranges attached as Exhibit A, B, C, and D attached to said Memorandum of Understanding, together with the Memorandum of Understanding itself are hereby adopted and 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 18th day of December, 2006 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miller JENF4E M...�_ NNE M. LEONCINI, CITY CLERK MEMORANDUM OF UNDERSTANDING SEW 949 - SUPERVISORY AND MISCELLANEOUS UNITS July 1, 2006 through June 30, 2009 CHAPTER]. GENERAL PROVISIONS 3 ARTICLE 1.1. INTRODUCTION 3 1.1.1. Scope of Agreement. 3 1.1.2. Term. 3 ARTICLE 1.2. RECOGNITION 3 1.2.1. Bargaining Unit. 3 1.2.2. Notice to Employees. 3 ARTICLE 1.3. DISCRIMINATION. 4 1.3.1. In General. 4 1.3.2. Union Discrimination. 4 ARTICLE 1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING 4 ARTICLE 1.5. EXISTING LAWS, REGULATIONS AND POLICIES 4 ARTICLE 1.6. STRIKES AND LOCKOUTS 4 ARTICLE 1.7. SEVERABILITY - 4 ARTICLE 1.8. PREVAILING RIGHTS 5 ARTICLE 1.9. FULL UNDERSTANDING, MODIFICATION, WAIVER 5 1.9.1. Understanding. 5 1.9.2. Waiver & Modification. 5 CHAPTER 2. UNION RIGHTS S ARTICLE 2.1. UNION STEWARDS 5 2.1.1. Designation. 5 2.1.2. Bulletin Boards. 5 ARTICLE 2.2. DUES DEDUCTION 6 2.2.1. Collection of Dues and Voluntary Union Deductions 6 2.2.2. Dues Collection During Separation from Employment. 6 2.2.3. Agency Shop. 6 2.2.4. Indemnification. 7 CHAPTER 3. WAGES 7 ARTICLE 3.1 GENERAL WAGES AND REVENUE SHARING 7 3.1.1 Fiscal Year 06/07 General Wage Increase 7 3.1.2. Fiscal Year 07/08 General Wage Increase 7 3.1.3. Fiscal Year 08/09 General Wage Increase 7 3.1.4 Compensation Goal and Compensation Definitions 7 3.1.5. Compensation Surveys 8 3.1.6. Conditions for Revenue Sharing 8 3.1.7. Revenue Definitions and Revenue Sharing Calculations 9 3.1.8 Schedule 10 ARTICLE 3.2. STEP INCREASE 11 3.2.1. Entry Level Step. 11 3.2.2. Consideration for Step Increase. 11 3.2.3. Merit Increases. 11 3.2.4. Anniversary Date. 11 3.2.5. Promotions. 12 3.2.6. Performance Evaluation. 12 ARTICLE 3.3. SALARY CHANGE ON RECLASSIFICATION 12 3.3.1. To a lower classification. 12 3.3.2. To a different classification with the same salary range. 12 3.3.3. To a higher classification. 12 ARTICLE 3.4. COMPENSATION PLAN. 13 ARTICLE 3.5. PAY DATES 13 ARTICLE 3.6. PROBATIONARY PERIOD 13 3.6.1. Purpose of Probation. 13 3.6.2. Length of Probationary Period. 13 3.6.3. Rejection During Probation. 13 3.6.4. Notification of Rejection. 14 3.6.5. Extension of Probationary Period. 14 3.6.6. Regular Status. 14 3.6.7. Promotion of Probationary Employee. 14 3.6.8. Unsuccessful Passage of Promotional Probation. 14 3.6.9. Lateral Transfer Probation. 14 ARTICLE 3.7. SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS 14 3.7.1. Out -of -Class Compensation. 14 3.7.2. Shift Differential Pay - 15 3.7.3. Bilingual Pay Incentive — Miscellaneous Employees 15 3.7.4. Bilingual Pay Incentive — Supervisory Unit 16 3.7.5. Court Pay 16 3.7.6. Library Premium Pay 17 CHAPTER 4. BENEFITS 17 ARTICLE 4.1. HEALTH AND WELFARE 17 4.1.1. City Contribution. 17 4.1.2. Pay Back Provision. 18 4.1.3. Health Insurance. 18 4.1.4. Retirees Health Insurance. 18 4.1.5. 125 Plan. 18 4.1.6. Pro Rata Benefit Rules 19 4.1.7. Health Options for Part Time Employees 19 ARTICLE 4.2. DENTAL INSURANCE 19 ARTICLE 4.3. JOINT BENEFIT COMMITTEE ARTICLE 20 ARTICLE 4.4. STATE DISABILITY INSURANCE (SDI) 20 ARTICLE 4.5. RETIREMENT 21 4.5.1 City Paid Employee Retirement 21 4.5.2 Retirement Plans 21 4.5.3. Member Cost of Living Rates 21 4.5.4. Service Credit for Sick Leave 21 ARTICLE 4.6. SICK LEAVE 22 4.6.1. Eligibility. 22 4.6.2. Accumulation. 22 4.6.3. Use of Sick Leave. 22 4.6.4. Advance of Sick Leave. 23 4.6.5. Compensation for Unused Portion. 23 ARTICLE 4.7. VACATION LEAVE 23 4.7.1. Eligibility. 23 4.7.2. Rate of Accrual. 23 4.7.3. Administration of Vacation Leave. 24 4.7.4. Vacation Cash In. 25 ARTICLE 4.8. HOLIDAYS 25 4.8.1. Paid Holidays. 25 ARTICLE 4.9. OTHER LEAVES 26 4.9.1. Bereavement Leave. 26 4.9.2. Military Leave. 26 4.9.3. Leave of Absence Without Pay. 26 4.9.4. Industrial Injury Leave. 26 4.9.5. Jury Duty. 27 4.9.6. Safety Holiday. 27 4.9.7. Family Medical Leave. 27 4.9.8. Personal Leave — Supervisory Unit 28 4.9.9. Catastrophic Leave 28 CHAPTER 5. TERMS AND CONDITIONS 28 ARTICLE 5.1. WORK WEEK 28 ARTICLE 5.2. OVERTIME 28 ARTICLE 5.3. COMPENSATORY TIME POLICY 29 5.3.1. Accrual Limit. 29 5.3.2. Overtime Rate. 29 ARTICLE 5.4. STANDBY OR CALL-BACK DUTY 29 5.4.1. Compensation When Assigned to Standby Duty. 29 5.4.2. Minimum Payment for Call Out. 30 5.4.3. Compensation When Not Assigned to Call Back Duty. 30 5.4.4. . Standby Residency and Pagers. 30 ARTICLE 5.5. TRANSFERS / REASSIGNMENTS 30 5.5.1. Types of Transfers. 30 5.5.2. Minimum Qualifications. 31 5.5.3. Transfer Procedures. 31 ARTICLE 5.6. EDUCATION REIMBURSEMENT PROGRAM 32 5.6.1. Educational Reimbursement Program — Miscellaneous Unit 32 5.6.2. Educational Reimbursement Program — Supervisory Unit 32 ARTICLE 5.7. MECHANIC TOOL REIMBURSEMENT 32 ARTICLE 5.8. UNIFORM ALLOWANCE 32 5.8.1. Sewer and Garage Employees Uniform Maintenance Program. 32 5.8.2. Uniform Allowance. 33 5.8.3. Uniform Jacket Cleaning Allowance. 33 ARTICLE 5.9. SAFETY 33 5.9.1. Hazardous Materials. 34 ARTICLE 5.10. MISCELLANEOUS 34 5.10.1. Confidential Nature of Personnel Records. 34 5.10.2. Confidential Nature of Medical Records. 34 5.10.3. Outside Employment. 34 5.10.4. Gratuities/Solicitation of Contributions. 35 5.10.5. Return of City Equipment. 35 5.10.6. Political Activity. 35 5.10.7. Employment of Relatives. 35 5.10.8. Use of City Vehicles. 35 5.10.9. Labor/Management Meetings. 35 5.10.10. Contract Orientation Work Sessions. 35 5.10.11. Personnel Rules and Regulations. 36 5.10.12. Drug and Alcohol Policy (Non -DOT) 36 CHAPTER 6. PROCEDURES 36 ARTICLE 6.1. DEMOTION AND SUSPENSION 36 6.1.1. Demotion. 36 6.1.2. Suspension. 36 ARTICLE 6.2. TERMINATION OF EMPLOYMENT 36 6.2.1. Resignation. 36 6.2.2. Termination Layoff. 37 6.2.3. Termination - Disciplinary Action. 37 6.2.4. Retirement. 37 6.2.5. Rejection During Probation. 37 ARTICLE 6.3. DISCIPLINARY ACTION 37 6.3.1. Right to Discipline and Discharge. 37 6.3.2. Preliminary Notice. 38 6.3.3. Disciplinary Action and Appeal. 38 6.3.4. Sexual/Racial Harassment. 39 ARTICLE 6.4. GRIEVANCE PROCEDURE. 39 6.4.1. Definitions. 39 6.4.2. Procedure. 39 6.4.3. Arbitration. 40 6.4.4. General Provisions. 41 ARTICLE 6.5. POSITION RECLASSIFICATION PROCEDURE 42 6.5.1. Purpose. 42 6.5.2. Policy. 42 6.5.3. Creation of New Position. 42 6.5.4. Reclassification. 42 ARTICLE 6.6. FURLOUGH PROGRAM 43 6.6.1. Voluntary Time Off (VTO). 44 6.6.2. Mandatory Time Off (MTO). 44 CHAPTER 7. MANAGEMENT RIGHTS 45 CHAPTER 8. RED UCTION IN FORCE 46 ARTICLE 8.1. AUTHORITY 46 ARTICLE 8.2. NOTICE 46 ARTICLE 8.3. ORDER OF LAYOFF 46 ARTICLE 8.4. SENIORITY 47 ARTICLE 8.5. BUMPING RIGHTS ARTICLE 8.6. TRANSFER RIGHTS ARTICLE 8.7. RE-EMPLOYMENT 8.7.1. General Guidelines. 8.7.2. Right to Re-employment. 8.7.3. Time Limits. 8.7.4. Availability. 8.7.5. Probationary Status. 8.7.6. Restoration of Benefits. 47 47 47 47 48 48 48 48 48 This Memorandum of Understanding is entered into pursuant to the provisions of Section 3500, et seq. of the Government Code of the State of California. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in said representation unit, and have freely exchanged information, opinions and proposals and have reached agreement on all matters relating to the employment conditions and employer-employee relations of such employees. This Memorandum of Understanding shall be presented to the City Council of the City of San Rafael as the joint recommendation of the undersigned parties for salary and employee benefit adjustments for the period commencing July 1, 2006 and ending June 30, 2009. CHAPTER 1. GENERAL PROVISIONS ARTICLE 1.1. INTRODUCTION 1.1.1. Scope of Agreement. The salaries, hours, fringe benefits and working conditions set forth have been mutually agree upon by the designated bargaining representatives of the City of San Rafael (herein -after called "CITY") and SEIU 949 (herein -after called "UNION") and shall apply to all employees of the City working in the classifications and bargaining unit set forth herein. 1.1.2. Term. This agreement shall be in effect from July 1, 2006 through June 30, 2009. ARTICLE 1.2. RECOGNITION 1.2.1. Bargaining Unit. City hereby recognizes Union as bargaining representative for purpose of establishing salaries, hours, fringe benefits and working conditions for all employees within the Miscellaneous and Supervisory Bargaining Units. (As referenced in Exhibit "A" through "D" attached). 1.2.2. Notice to Employees. Whenever a person is hired in any of the job classifications set forth herein, City shall notify such person that the Union is the recognized bargaining representative for employees in that classification. Page 3 ARTICLE 1.3. DISCRIMINATION. 1.3.1. In General. The parties to this contract agree that they shall not, in any manner, discriminate against any person whatsoever because of race, color, age, religion, ancestry, national origin, sex, sexual orientation, marital status, medical condition or disability. Any employee alleging such discrimination should use the internal, administrative process explained in the City of San Rafael's Policy Against Harassment, Discrimination and Retaliation (Policy No. 140.03) to redress the situation. Such employees shall be entitled to Union representation but are not entitled to seek redress using the grievance procedure of this MOU. 1.3.2. Union Discrimination. No member, official, or representative of the Union shall, in any way suffer any type of discrimination in connection with continued employment, promotion, or otherwise by virtue of membership in or representation of Union. ARTICLE 1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING 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. ARTICLE 1.5. EXISTING LAWS, REGULATIONS AND POLICIES This agreement is subject to all applicable laws of the State of California, ordinances, regulations, and policies of the City of San Rafael. ARTICLE 1.6. 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. ARTICLE 1.7. 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. Page 4 ARTICLE 1.8. PREVAILING RIGHTS All matters within the scope of meeting and conferring which have previously been adopted through rules, regulation, 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. ARTICLE 1.9. FULL UNDERSTANDING, MODIFICATION, WAIVER 1.9.1. Understanding. The parties jointly represent to the City Council that this Memorandum of Understanding set forth the full and entire understanding of the parties regarding the matters set forth herein. 1.9.2. Waiver & Modification. 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 by mutual agreement. CHAPTER 2. UNION RIGHTS ARTICLE 2.1. UNION STEWARDS 2.1.1. Designation. The Union shall by written notice to the City Manager, designate certain of its members as Union Stewards. Union Stewards shall be permitted reasonable time for Union activities including grievance representation. In all cases, the Stewards shall secure permission from the Steward's supervisor before leaving a work assignment. Such permission shall not be unreasonably withheld. Union Stewards for salary discussions shall be in accordance with Meyers-Milias- Brown (MMB) Act. 2.1.2. Bulletin Boards. Authorized representatives of the Union shall be allowed to post Union notices on specified bulletin boards maintained on City premises. Page 5 ARTICLE 2.2. DUES DEDUCTION 2.2.1. Collection of Dues and Voluntary Union Deductions City agrees, upon written consent of the employee involved, to deduct dues and voluntary union deductions selected by members, as established by the Union, from the salaries of its members. The sums so withheld shall be remitted by City, without delay, along with a list of employees and their respective dues and voluntary deductions. Union bears responsibility for allocating dues and voluntary deductions pursuant to employees' requests. 2.2.2. Dues Collection During Separation from Employment. The provisions specified above (2.2.1.) shall not apply during periods of separation from the representation Unit by any such employee, but shall reapply to such employee commencing with the next full pay period following the return of the employee to the representation Unit. The term separation includes transfer out of the Unit, layoff, and leave without pay absences with a duration of more than five (5) working days. 2.2.3. Agency Shop. The parties hereto recognize that within the Agency shop provisions of this agreement, unit employees may opt to join the union or register as a fee payer during the first thirty (30) days of their employment. Neither the City or the Union will discriminate against any employee because of the exercise of their statutory rights. The Union agrees to its obligation to represent all of the employees in the unit fairly and equally, without regard to their membership in the Union. Therefore, effective August 1, 1992, any employee of the City as of August 1, 1992, who is a member of the Union on August 1, 1992, or who subsequently joins, and all employees in the Unit hired on or after that date shall, as a condition of continued employment, either be required to belong to the Union or to pay to the Union an amount equal to a fair share percentage of that which would be paid by an employee who decides to become a member of the Union at the time of employment. Note: The Union is obligated to annually inform the City of the fair share amount. The employee's earnings must be regularly sufficient after other legal and required deductions are made to cover the amount of the dues or service fees check off authorized. When an employee is in a non -pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an employee who is in a non -pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other legal and required deductions have priority over Union dues. Page 6 The Union shall notify the City in writing as to the amount of such dues uniformly required of all members of the Union. 2.2.4. Indemnification. Moneys withheld by the City shall be transmitted to the Treasurer of the Union at the address specified. The Union shall indemnify, defend, and hold the City harmless against any claims made, and against any suit instituted against the City on account of check off of employee organization dues or service fees. In addition, the Union shall refund to the City any amount paid to it in error upon presentation of supporting evidence. CHAPTER 3. WAGES ARTICLE 3.1 GENERAL WAGES AND REVENUE SHARING 3.1.1 Fiscal Year 06/07 General Wage Increase Effective the beginning of the first payroll period of January 1- 15, 2007, represented in the January 31, 2007 paycheck date, the City shall grant a 4.0% salary increase for all represented job classes (See Exhibit "A"). 3.1.2. Fiscal Year 07/08 General Wage Increase Effective the beginning of the payroll period July 1 — 15, 2007, represented in the July 31, 2007 paycheck date, the City shall grant a 2.7% salary increase for all represented job classes (See Exhibit "B"). 3.1.3. Fiscal Year 08/09 General Wage Increase Effective the beginning of the payroll period July 1 —15, 2008 represented in the July 31, 2008 paycheck date the City shall grant a 2.8% salary increase for all represented job classes (See Exhibit "C"). 3.1.4 Compensation Goal and Compensation Definitions It is the goal of the City Council to try to achieve a total compensation package for all employees represented by the Union in an amount equal to the following: The average plus one dollar to the total compensation paid to the same or similar classifications in the following nine (9) cities: Fairfield, Vallejo, Hayward, San Leandro, South San Francisco, Alameda, Napa, Novato and Santa Rosa; and, The highest total compensation paid to the same or similar classifications in the following agencies in Marin County: Corte Madera, Larkspur, Marin County, Mill Valley, Novato, and San Anselmo. Total Compensation for survey purposes shall be defined as: Top step salary (excluding longevity pay steps), educational incentive pay, holiday pay, uniform Page 7 allowance, employer paid deferred compensation (except for such portion that may be part of employee cafeteria plan), employer's contribution towards employees' share of retirement, employer's retirement contribution, employer paid contributions toward insurance premiums for health, life, long term disability, dental and vision plans, and employer paid cafeteria/flexible spending accounts. 3.1.5. Compensation Surveys To measure progress towards the above -stated goal, the City and the Union will jointly survey the identified benchmark positions, which are identified in the SEIU 949 Represented Benchmarks and Internal Relationships Table attached as Exhibit "D" and included as part of this M.O.U., in September of each year of the contract. However, if General Tax Revenues, as defined in Section 3.1.7 have not increased over the prior fiscal year, then the City and Union will not complete the compensation survey, unless it is the final year of this Agreement. Identified benchmark positions from other agencies as well as those that may be unfilled, so long identified by the survey agency as being on the sa class description. Other city/agency positions a positions in San Rafael's compensation survey similar job requirements. include positions that are filled is the benchmark position is 3ry schedule and having a job -e established as benchmark ,ased upon similar work and Survey data will include all salary and benefit increases, as defined in 'total compensation', in place or to be effective no later than September 1 of that same year, for the purpose of applying the excess General Tax Revenues, if any, described in this chapter. The City and the Union shall review the benchmark and related survey data for accuracy and completeness. 3.1.6. Conditions for Revenue Sharing Employees in the bargaining unit positions defined in this MOU shall receive Revenue Sharing Increases, in accordance with the schedule in Section 3.1.8, in addition to the base salary increases, if the following conditions are met: a. If the total compensation goal, as outlined in Section 3.1.4 has not been reached, and, b. If growth in General Tax Revenues, as defined in Section 3.1.7, have resulted in revenues being available for distribution, and, c. The "net change in General Fund Balance", as presented in the previous year's City annual audit, is positive. If the above three conditions are met, then a Revenue Sharing salary increase shall be paid prospectively, in accordance with the schedule in Section 3.1.8 and calculation in Section 3.1.7. Page 8 In no event will total compensation increases available through the revenue sharing provisions of this contract and provided for bargaining unit employees cause the benchmark positions to exceed the stated 'total compensation' goal. All related classifications shall receive the same increases as those received by their assigned benchmark position (as defined in the SEIU 949 Represented Benchmarks and Internal Salary Relationships table included as part of this M.O.U.) 3.1.7. Revenue Definitions and Revenue Sharing Calculations General Tax Revenues shall be defined for this Chapter of the Memorandum of Understanding to include the following taxes: Sales Tax, Property Tax (Secured, Unsecured and Unitary), Motor Vehicle License Fees, Property Transfer Tax, Hotel Occupancy Tax, Business License Tax and Franchise Fees. No other revenue sources of the City will be included in this definition. The City will complete the calculation of the General Tax Revenues in accordance with the schedule in Section 3.1.8. If General Tax Revenues have not increased over the prior fiscal year, then the City and Union will not complete the compensation survey as outlined in Section 3.1.5, unless it is the final year of this Agreement. If total compensation of the top step benchmark positions has not reached the stated goal, then bargaining unit employees shall be entitled to a revenue sharing increase, subject to the conditions set forth in Section 3.1.6. However, if the increase would cause the benchmark position total compensation to exceed the stated goal, then only that percentage needed to reach the goal for the benchmark position will be applied to all related classifications. a. Fiscal Year 06/07 Revenue Sharing Increase. If General Tax Revenues of the City for fiscal year 2005-2006 exceed General Tax Revenues of the City for fiscal year 2004-2005 as adjusted by 75% of the total compensation increases provided for fiscal year 2005-2006, then the members of the bargaining unit shall be entitled to apply 35% of one-half (1/2) of the excess of fiscal year 2005-2006 General Tax Revenues over fiscal year 2004-2005 General Tax Revenues adjusted for 75% of the total compensation increases provided to members in fiscal year 2005-2006, for a salary increase. b. Fiscal Year 07/08 Revenue Sharing Increase. If General Tax Revenues of the City for fiscal year 2006-2007 exceed General Tax Revenues of the City for fiscal year 2005-2006 as adjusted by 75% of the total compensation increases provided for fiscal year 2006-2007, then the members of the bargaining unit shall be entitled to apply 35% of one-half (1/2) of the excess of fiscal year 2006-2007 General Tax Revenues over fiscal year 2005-2006 General Tax Page 9 Revenues adjusted for 75% of the total compensation increases provided to members in fiscal year 2006-2007, for a salary increase. c. Fiscal Year 08/09 Revenue Sharing Increase. If General Tax Revenues of the City for fiscal year 2007-2008 exceed General Tax Revenues of the City for fiscal year 2006-2007 as adjusted by 75% of the total compensation increases provided for fiscal year 2007-2008, then the members of the bargaining unit shall be entitled to apply 35% of one-half (1/2) of the excess of fiscal year 2007-2008 General Tax Revenues over fiscal year 2006-2007 General Tax Revenues adjusted for 75% of the total compensation increases provided to members in fiscal year 2007-2008, for a salary increase. During each year of this contract, if there are any remaining General Tax Revenues, after all benchmark positions have achieved the 'total compensation' goal outlined above, then these excess General Tax Revenues can be used to provide additional salary or benefit increases. The excess General Tax Revenues are limited to 1 % of total compensation as calculated by the survey results completed in each year of this contract (as outlined in Section 3.1.3). The City and the Union shall meet to review the General Tax Revenue calculations and agree on how the excess 1 % General Tax Revenues, if available, are implemented. If no excess General Tax Revenues are available in any particular year (after'total compensation' goal is reached), there is no obligation by the City to provide for this 1 % excess General Tax Revenues sharing in subsequent years (language specifically refers to no carry-over clause in this provision). If excess General Tax Revenues are available to be applied based on the surveying of total compensation for the benchmark positions to a salary increase, the classifications Shop and Equipment Supervisor and Supervisor Grounds will receive an additional 2.5% salary increase each January 1St when such increases are awarded, added to any increase warranted by the survey results (This shall be done prior to the implementation of any other equity increases.) If excess General Tax Revenues are not available for salary increases based on the survey, the additional 2.5% salary increase for these classifications will be added to the 2.5% salary increase scheduled for the following year. The goal is to increase the salary of the Shop and Equipment Supervisor classification by a total of 2.5%, aligning with the benchmark of Street Maintenance Supervisor. The goal is to increase the salary of the Supervisor Grounds classification by 2.5% each year for a total of 5%, aligning with the benchmark of Street Maintenance Supervisor. 3.1.8 Schedule a. September 7th- General Tax Revenues. The City shall make known to the Union if General Tax Revenues have grown from the prior fiscal year on September 7th of each year of this contract. If no growth in General Tax Revenues has taken place, there shall be no Revenue Sharing for that fiscal year of the contract. Page 10 b. November 1St - Net Change in General Fund Balance. By November 1st of each year, the City shall make known to the Union whether there is a positive change in the General Fund Balance. If there is not, then no Revenue Sharing shall take place for that fiscal year c. January 1St — Base Monthly Pay Increases. January 1St pay period shall be the start date (for paycheck date of January 31St) for each Revenue Sharing Salary increase. ARTICLE 3.2. STEP INCREASE 3.2.1. Entry Level Step. All initial employment shall be at the first step of the salary range, provided that the City Manager may make an appointment to a position at an appropriate higher salary when, in his/her opinion, it is necessary to obtain qualified personnel, or when it appears that the education or experience of a proposed employee is substantially superior to the minimum requirements of the class and justifies a beginning salary in excess of the first step. 3.2.2. Consideration for Step Increase. An employee may be considered for a salary step increase in accordance with the time interval established in the salary plan, as referenced in Exhibit "A" -"C". Which, unless otherwise noted, salary step increases within established salary ranges are scheduled at yearly intervals. Advancement to a higher salary step within an established salary range is granted for continued improvements and efficient and effective work by the employee in the performance of his/her duties. 3.2.3. Merit Increases. Accelerated merit performance step increases of five percent (5%) may be granted an employee based upon the recommendation of the Department Head and approved by the City Manager. Employees at the maximum step of their salary range may be granted a merit performance step increase of five percent (5%) above and beyond their salary range. A merit step increase may be effective for up to one (1) year. A merit step increase may be withdrawn and is not a disciplinary action and is not appealable. 3.2.4. Anniversary Date. Effective 1-1-89, the anniversary date for employees promoted on or after this date shall remain unchanged. Based upon job performance, as measured by a Performance Evaluation, employees may receive consideration for a step increase within their salary range on their anniversary date. Page 11 3.2.5. Promotions. Employees promoted to higher-level positions shall be placed at the step in the new salary range that will provide, at a minimum, a five (5%) increase (unless that would exceed the top step in the salary range). 3.2.6. Performance Evaluation. Prior to the completion of the probationary period, a minimum of one performance evaluation report shall be reviewed with the employee. Upon completion of the probationary period, a performance report shall be prepared and reviewed yearly thereafter for each employee in the Classified Service, as a means of determining whether in -grade salary increases are merited, and/or as a means of improving employee performance and communication between supervisors and subordinates. ARTICLE 3.3. SALARY CHANGE ON RECLASSIFICATION If an occupied position is reclassified the incumbent shall be affected as outlined below: 3.3.1. To a lower classification. When a position is re -allocated to a lower classification. The incumbent is either: 1. Transferred to a vacant position in the former classification; or 2. If the incumbent's current salary is greater than the top step of the lower classification, Y -rated at the current salary until the salary of the lower classification is at or above the Y -rate. 3.3.2. To a different classification with the same salary range. When a position is reallocated to a different classification with the same salary range, the incumbent shall be granted the same status in the new classification, in which he/she shall be paid at the same step of the range and shall maintain the same salary rights. 3.3.3. To a higher classification. When a position is reclassified to a classification with a higher salary range, the incumbent is moved into the higher classification with the position, except in the circumstances prescribed below. Placement in the salary range shall be in accordance with the appropriate salary pay plan. If the duties upon which the reclassification are based could have been assigned to any of a number of employees in that classification within the division or department, then a promotional exam is held for the reclassified position. Such an exam is a departmental only recruitment limited to employees within that Page 12 classification. If the incumbent is not successful in this competitive process, she/he is assigned to the position vacated by the promotion. ARTICLE 3.4. COMPENSATION PLAN. The Compensation Plan adopted by the City Council shall provide for salary schedules, rates, ranges, steps and any other special circumstances or items related to the total compensation paid employees. Each position within the classified services shall be allocated to its appropriate class in the classification plan on the basis of duties and responsibilities. Each class shall be assigned a salary range or a rate established in the salary plan. All persons entering the classified service shall be compensated in accordance with the salary plan then in effect. All initial employments shall be at the first step of the salary range. The City Manager or his/her designee may authorize, upon the recommendation of the Appointing Authority, a position at an appropriate higher salary when, in his/her opinion, it is necessary to obtain(ing) qualified personnel or when it appears that the education or experience of a proposed employee is substantially superior to the minimum requirements of the class and justifies a beginning salary in excess of the first step. ARTICLE 3.5. PAY DATES City employees are paid twice per month on the 15th and the last working day of the month. When a holiday falls on a payday, the payday will be transferred to the following day of regular business unless Finance is able to complete the payroll by the previous workday. The method of the distributing payroll shall be established by the Finance Director. ARTICLE 3.6. PROBATIONARY PERIOD 3.6.1. Purpose of Probation. After passing an examination and accepting appointment, each employee shall serve a period of probation beginning on the date of appointment. Such period shall be for the purpose of determining the employee's ability to perform satisfactorily the duties prescribed for the position. 3.6.2. Length of Probationary Period. The probationary period on original and promotional appointment shall be for one (1) year. 3.6.3. Rejection During Probation. During the probationary period an employee may be rejected at any time by the Appointing Authority without the right of appeal. Page 13 3.6.4. Notification of Rejection. On determining that a probationary employee's work is not satisfactory, the Appointing Authority shall notify the Human Resources Manager in writing of his/her intention to terminate the employee. After discussion with the Human Resources Manager, the Appointing Authority shall notify employee in writing of his/her rejection. 3.6.5. Extension of Probationary Period. The probationary period shall not be extended except in the case of extended illness or injury or compelling personal situation during which time the employee was unable to work. In such cases, the probationary period may be extended for the length of time the ill or injured employee was unable to work. 3.6.6. Regular Status. Regular status shall commence with the day following the expiration date of the probationary period. 3.6.7. Promotion of Probationary Employee. An employee serving a probationary period may be promoted to a position in a higher position classification provided he/she is certified from the appropriate Eligible List. The employee promoted in this manner shall serve a new probationary period for the position to which employee is promoted and the new probationary period and promotional appointment shall be effective the same date. 3.6.8. Unsuccessful Passage of Promotional Probation. An employee who does not successfully pass his/her promotional probationary period shall be reinstated to the position in which the employee held regular status prior to his/her promotion. Provided, however, that if the cause for not passing the promotional probationary period was sufficient grounds for dismissal, the employee shall be subject to dismissal without reinstatement to the lower position. 3.6.9. Lateral Transfer Probation. Voluntary transfers to another job classification, within the same salary range, shall require a six (6) month probationary period. In the event of unsuccessful passage of this period refer to 3.6.8. ARTICLE 3.7. SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS 3.7.1. Out -of -Class Compensation. Employees assigned in writing by their supervisor to perform work in a higher paid classification, shall be compensated at a rate 5% greater than the employee's current base salary. The out -of -class increase shall be retroactive to the first day of the assignment. If the assignment extends beyond four consecutive weeks, Page 14 then the employee shall be compensated at the lower step of the classification within which the duties fall if that is greater. In the event a Parking Enforcement Officer is assigned "field training" duties the City shall consider this as "out of class" work and the assigned Parking Enforcement Officer will receive 5% of their current pay as compensation for the hours worked in this assignment. 3.7.2. Shift Differential Pay - a. A three percent (3%) shift differential shall be paid for all employees in these represented bargaining groups who are regularly scheduled to work fifty percent (50%) or more of their shift between the hours of 5:00 p.m. and 11:00 P.M. b. A five percent (5%) shift differential shall be paid for all employees in these represented bargaining groups who are regularly scheduled to work fifty percent (50%) or more of their shift between the hours of 11:00 p.m. and 7:00 a.m. c. Employees in job classes not identified in this section who are assigned to work the swing or graveyard shift time periods on a temporary basis and/or on an overtime basis are excluded from shift differential pay for those time periods. d. Shift differential shall not be considered an additional percentage on salary for personnel involved, but shall apply only to hours actually worked; e.g., differential does not apply to sick leave, vacation or compensatory time, but does include overtime for employees regularly assigned to the swing or graveyard shifts. 3.7.3. Bilingual Pay Incentive — Miscellaneous Employees Within the job classifications represented by the Union provisions are hereby established whereby an employee may receive bilingual pay for full fluency in a foreign language. Full fluency is defined as a skill level that will allow the employee to fully assist someone else who does not speak English in coping with situations or problems by translating for, conversing with and/or reading or writing written material. An employee can petition to his/her department head for this bilingual pay incentive. With the department head's recommendation and on review by the Human Resources Manager and approval of the City Manager the employee may begin to receive this bilingual pay incentive. Page 15 Criteria for approval of the bilingual pay incentive by the City Manager includes: a. Certification by a recognized school of the appropriate skill level; and/or b. Demonstrated ability of the proficiency level on the job; and c. Department head's recommendation and statement that the bilingual skill of the employee can be of value to the department and the employee in the completion of their regular work assignments. An employee approved for the bilingual pay incentive shall receive an additional $150.00 per month above their base salary. This bilingual pay incentive shall be reviewed annually and as long as the employee demonstrates (by work experience or re -testing, as determined by the City of San Rafael) the full fluency skill level; and as long as the Department Head indicates the value of this skill to the department and the employee in the completion of their regular work assignments. Removal of the bilingual pay incentive would be considered a non -disciplinary action and as such would not be subject to any appeal/grievance procedure. 3.7.4. Bilingual Pay Incentive — Supervisory Unit Within the Librarian 1/II classification, the Library Director shall establish one position eligible to receive $50.00 per month Bilingual Pay Differential. This bilingual pay shall become effective the first payroll period after the designated employee takes and passes an approved proficiency examination. The employee must be certified as sufficiently fluent in a language deemed to be of work value to the Library as determined by the Library Director and approved by the City Manager. Fluency certification may be obtained by either passing a department approved proficiency test or submitting a current (no more than one year old) certificate of satisfactory proficiency/fluency from a department approved agency or school. It is agreed that annual re -certification of fluency is required to continue receiving the Bilingual Pay Differential. Fluency in more than one foreign language does not entitle an employee to more than one $50.00 per month differential. 3.7.5. Court Pay Parking Enforcement Officers who are required, in the course and scope of their official employment, to appear in court or other official hearings other than during his/her work week schedule, shall receive a minimum of four hours pay if that appearance is on a scheduled day off. If a court appearance is required on a scheduled work day, and such appearance commences one half (1/2) hour after completion of an employee's shift, then the employee shall be compensated at the Page 16 overtime rate for actual time spent, beginning at the conclusion of the regular shift hours and ending upon his/her release from the court or hearing office. 3.7.6. Library Premium Pay Within the Library job classifications represented by the Union provisions are hereby established whereby an employee shall be entitled to additional compensation at one-half (1/2) their hourly pay rate for each hour actually regularly scheduled and worked on Sundays (excludes paid leave time). The Library shall first seek volunteers for these hours before assigning employee to Sunday hours. Nothing in this section shall change the provisions of Article 5.1. Work Week definition. Although employees may be able to obtain approval to work beyond the operational hours of the Library on scheduled Sundays, employees working a shortened Sunday work day must make up the time either by taking vacation, compensatory time and/or additional work hours on other scheduled work days during the same work. This flexible work schedule would not constitute overtime hours. No additional compensation shall be paid when Sunday hours are worked due to work related emergencies, or for hours covered by the stand by and/or on- call time provisions of this M.O.U. CHAPTER 4. BENEFITS ARTICLE 4.1. HEALTH AND WELFARE 4.1.1. City Contribution. The City shall contribute toward City offered health insurance premiums for active employees in accordance with the chart below. Pavcheck Effective Date Health Base Flexible Benefits Total July 1 — Dec 29, 2006 $ 597 $ 234 $ 831 Jan 12, 2007 $ 645 $ 311 $ 956 Dec 15, 2007 $ 696 $ 403 $ 1099 Dec 15, 2008 $ 752 $ 512 $ 1264 Active employees will have a Flexible Spending Account as listed in the chart above that may be used to pay for excessive, over the base level above, employee cost(s) to enroll in City offered group Accident, Life and Disability insurance plans. Selection of coverage must include the $5,000 basic group life insurance program and the employee's basic health plan (unless employee can provide proof of other health insurance coverage). Page 17 4.1.2. Pay Back Provision. For active employees, the difference between the allotted amount (base level and Flexible Spending Account) and the cost of the City -offered Health, Accident, Life and Disability insurance plans will be paid back to the employee up to a maximum $54/month. Effective with the paycheck date of January 12, 2007 the maximum pay back is increased to $150 per month. Pay back is pro rated for part time employees covered by this Agreement. 4.1.3. Health Insurance. The City shall have the option, after meeting and consulting with representatives of THE UNION Stewards' Council, of either contracting with the Public Employees Retirement System (PERS) Health Benefits Division for health insurance or contracting directly with some or all of the providers of health insurance under the PERS program; provided, however, contracting directly with the providers shall not cause any material reduction in insurance benefits from those benefits available under the PERS program. 4.1.4. Retirees Health Insurance. Employees retiring (on or after 9-15-90) from the City of San Rafael and within 120 days of leaving City employment, shall receive up to $597 per month contribution toward the cost of the health insurance plan they are enrolled in through the City. Effective with the paycheck date of January 12, 2007 this amount will increase from up to $597 per month to up to $645 per month effective with the paycheck date of 12/15/07 this amount will increase up to $696 per month, and effective with the paycheck date of 12/15/08, this amount will increase up to $752 per month. There are no pay back provisions for retirees. 4.1.5. 125 Plan. City will offer a 125 Plan as long as such a plan is desired by the Union and available pursuant to the IRS Code. 125 Plans offered by the City include: a. Out-of-pocket medical expenses that qualify under the IRS Code effective January 1, 2003 at IRS Code limit, not to exceed $5,000. Employees are responsible to pay the monthly administrative fee and any increase established by the third party administrator. Employees must have passed initial probation period on or before the December 315t prior to each enrollment calendar year (example: employee must have successfully completed this probation by 12/31/06 in order to enroll for calendar year 2007). Employees separating from City service prior to re -payment of City advanced medical expense reimbursement shall have said amount deducted from final check. Page 18 b. Dependent care expenses that qualify under the IRS Code at the IRS Code limit. Employees are responsible to pay the monthly administrative fee and any increase established by the third party administrator. c. Excess Medical premiums shall be deducted from employee's pay with pre- tax dollars as long as such deduction is allowable under the applicable IRS Code. City shall establish annual enrollment period and each employee must re -enroll annually for either plan noted in a. and/or b. City shall have the authority to implement changes to the 125 Programs to comply with changes in applicable IRS laws without having to go through the meet and confer process. 4.1.6. Pro Rata Benefit Rules Employees covered by this Agreement who work less than full time but more than twenty (20) hours per week on a regular basis shall be eligible to receive: a) pro rated leave benefits; b) a pro rated share of the monthly dollar contribution made by the city to be used for enrollment in city offered group health, life, and long term disability insurance plans which the employee may be eligible for based upon the regular hours the employee works, and c) pro rated share shall be equivalent to the part time employee position's ratio of hours worked to full time equivalency. 4.1.7. Health Options for Part Time Employees Part-time employees (defined for purposes of this section 4.1.7 to be those who work less than .75 FTE) who are eligible for the pro -rated cafeteria plan (health and life insurance and flexible benefits) as defined in Section 4.1.1 and 4.1.6 may elect to opt out of the cafeteria plan provided proof of other health insurance coverage is provided and the CALPERS HB12 Form is completed. Eligibility to opt out of the cafeteria plan is subject to PERS and IRS regulations. If the eligibility requirements are met, an employee can elect to enroll in the City's Section 125 (Flexible Spending Account Plan) on an annual basis during the December 1 through December 15 open enrollment period. The City will fund the Section 125 plan with the equivalent contribution amount that would have otherwise been contributed to the pro -rated cafeteria plan provided this amount does not exceed the maximum ($5000.00) allowed by the IRS. ARTICLE 4.2. DENTAL INSURANCE The City will provide a dental insurance program which offers 100% coverage for diagnostic and preventative care; $25.00 deductible on corrective care (80/20); and an 80% payment of eligible costs associated with crown and cast restoration per patient per calendar year and orthodontic coverage for eligible dependents (50/50). The dental provider will provide payments for covered services at the percentage indicated in the plan booklet up to a maximum of $1,500 for each enrollee in each calendar year. Page 19 Effective January 1, 2002 dental insurance enrollment will be available to part time, permanent employees working at least 20 hours per week (FTE level of position). The City's contribution towards the monthly dental insurance premium will be prorated based on the FTE level of the part time employee. ARTICLE 4.3. JOINT BENEFIT COMMITTEE ARTICLE Both parties agree to continue to utilize the Joint Benefits Committee for ongoing review of benefit programs, cost containment and cost savings options. The Committee shall be made up of representatives of the SEIU, Association of Professional Employees, Association of Confidential Employees, Police, Fire and Management employees. ARTICLE 4.4. STATE DISABILITY INSURANCE (SDI) Employees will have the full premium cost for SDI coverage automatically deducted from their paycheck and no City contribution will be made toward participation in the plan. It is incumbent upon the employee to keep the City advised of their medical status and eligibility for SDI. With this notification, SDI benefits, as determined by the State, shall be integrated with accrued sick and vacation leave in the following manner: 1. Employee notifies supervisor of disability and need for time off. At the same time employee files for SDI through the State Office. 2. Supervisor verifies from leave records the employee's accrual balances and projects whether or not employee would, under normal circumstances, be placed in a leave without pay status during the time off period. 3. Personnel Action Form (PAF) is completed by the supervisor to document request and approval of extended leave. 4. Human Resources Division, on receipt of PAF, contacts employee and supervisor to discuss availability of coordination of SDI with leave benefits. 5. Employee's time off is recorded as sick leave and if necessary then vacation leave on time cards submitted by the supervisor to the Payroll Office. 6. On receipt of the SDI checks employee endorses the checks over to the City of San Rafael. 7. Based upon employee's hourly rate of pay the Payroll Office computes how much used sick and/or vacation leave time the employee may buy back and credits the employee with those hours. NOTE: The employee may not buy back more than accrued at or during the time of the disability. Page 20 8. The Human Resources Division, after notification from Payroll, notifies the employee when they have used all accrued sick and/or vacation time and when leave without pay status (LWOP) begins. Once the employee is on LWOP they would keep any SDI checks received and would be fully responsible for the monthly health, dental and life insurance premiums if they chose to remain in the group plans. FMLA/CFRA provide an exception and are referenced under section 4.9.7 ARTICLE 4.5. RETIREMENT 4.5.1 City Paid Employee Retirement Bargaining unit members shall pay the full share of the employee's contribution to the Marin County Retirement System. The City of San Rafael acknowledges that under its current practice, the employee's share of their retirement contribution is deducted with pretax dollars. This practice will continue until changed through the Meet and Confer process or until IRS regulations change. 4.5.2 Retirement Plans The City shall provide the Marin County Employee Retirement Association 2.7% at 55 -retirement program to all miscellaneous members, as defined under the 1937 Act Government Code Section 31676, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws that govern such plans. 4.5.3. Member Cost of Living Rates Bargaining unit members who are eligible to participate in the Marin County Employee Retirement Association will pay their full share of members' cost of living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act. Miscellaneous and safety member contribution rates include both the basic and COLA portions (50% of COLA is charged to members as defined in the 1937 Act). 4.5.4. Service Credit for Sick Leave Employees who retire from the City of San Rafael within 120 days of leaving City employment (excludes deferred retirements) shall receive employment service credit for retirement purposes only, for all hours of accrued, unused sick leave (exclusive of any sick leave hours they are eligible to receive and they elect to receive in compensation for at the time of retirement (see 4.6.5.). Page 21 ARTICLE 4.6. SICK LEAVE 4.6.1. Eligibility. Sick leave with pay shall be granted to each eligible employee. Sick leave may not be used at an employee's discretion, but shall be allowed only in case of necessity and actual sickness or disability. The employee is required to notify employee's immediate supervisor or department head according to department Rules and Regulations at the beginning of his/her daily duties. The City has the right to request a verification from an employee who is absent from his/her duties for two (2) or more consecutive workdays. The verification shall be either a physician's certificate or the employee's personal affidavit verifying the employee's eligibility for sick leave. 4.6.2. Accumulation. All eligible full time employees shall earn sick leave credits at the rate of one (1) working day per month commencing with the date of employment. Unused sick leave may be accumulated to any amount but a cap exists for payoff purposes (see 4.6.5.). The sick leave accrual rate is prorated for eligible part time employees. 4.6.3. Use of Sick Leave. An employee may use accrued sick leave during their probationary period. An employee eligible for sick leave with pay shall be granted such leave for the following reasons: 1. Personal illness of the employee or illness within the immediate family (family member means an employee's spouse, and any unmarried child, including adopted child, a stepchild, or recognized natural child who lives with the employee in a regular parent-child relationship), or physical incapacity of the employee resulting from causes beyond the employee's control; or 2. Enforced quarantine of the employee in accordance with community health regulations; or 3. Medical appointments that cannot be scheduled during non -working hours shall be charged to sick leave. 4. Personal illness of an employee's parent (excludes in-laws) that require the employee to attend to their care. Note: Except that in 1. and 2., above an employee may not use sick leave for a work related injury and/or illness once said employee has been determined permanent and stationary and unable to return to their position with or without reasonable accommodation. Page 22 4.6.4. Advance of Sick Leave. Whenever circumstances require, and with the approval of the City Manager, sick leave may be taken in advance of accrual up to a maximum determined by the City Manager, provided that any employee separated from the service who has been granted sick leave that is un -accrued at the time of such separation shall reimburse the City of all salary paid in connection with such un -accrued leave. 4.6.5. Compensation for Unused Portion. Upon termination of employment by resignation, retirement or death, a regular employee who leaves the City service in good standing shall receive compensation for all accumulated unused sick leave based upon the following formula: a rate of three percent (3%) for each year of service (i.e., 3% times number of employment service years). The maximum number of accumulated, unused sick leave an employee may be compensated for upon termination of employment is 600 hours. See 4.5.4. regarding service credit option for accumulated, unused sick leave that the employee is not compensated for upon termination. ARTICLE 4.7. VACATION LEAVE 4.7.1. Eligibility. Annual vacation with pay shall be granted each eligible employee. Vacation leave accrual shall be prorated for those employees working less than full time. Employees will be permitted to use accrued vacation leave after six (6) months of employment subject to the approval of the department head. 4.7.2. Rate of Accrual. Vacation benefits shall accrue during the probationary period. Each regular full time employee (part time regular are prorated) shall accrue vacation at the following rate for continuous service. Each service year in the chart begins on the first working day and ends on the last day of the service year: Service Annual Hours Hours Per Month Year 1 75.000 hours 6.2500 2 75.000 hours 6.2500 3 75.000 hours 6.2500 4 112.500 hours 9.3750 5 117.867 hours 9.8222 6 123.234 hours 10.2695 7 128.601 hours 10.7167 8 133.968 hours 11.1640 9 139.335 hours 11.6110 10 144.702 hours 12.0580 Page 23 11 150.000 hours 12.5000 12 157.500 hours 13.1250 13 165.000 hours 13.7500 14 172.500 hours 14.3750 15 180.000 hours 15.0000 16 plus 187.500 hours 15.6250 When an employee is on an approved leave without pay, vacation accrual is prorated based upon paid hours in the pay period. 4.7.3. Administration of Vacation Leave. The City Manager, upon the recommendation of the department head, may advance vacation credits to any permanent regular and permanent part-time employee. No employee may accrue more than 250 hours. Vacation accruals will resume once the employee's accumulated vacation balance falls below the allowable cap limit. The time at which an employee may use his/her accrued vacation leave and the amount to be taken at any one time, shall be determined by employee's department head with particular regard for the needs of the City but also, insofar as possible, considering the wishes of the employee. The Maximum amount of vacation leave that may be taken at any given time shall be that amount that has accrued to the employee concerned, subject to the department head's approval. The minimum amount of vacation that may be taken at any given time shall be one-half (1/2) hour (except that as permitted by law, the City shall authorize the use of vacation time in smaller increments to coordinate disability or workers compensation leaves with employee accrued paid time). Vacation leave granted by the City and used by an employee shall be deducted from the employee's vacation leave bank. In the event that one or more City holidays falls within an annual vacation leave, such holiday shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. Employees who terminate their employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination. Employees may request a temporary waiver of their vacation cap, should a work related injury prevent use of vacation time. Such requests would need to be in writing, submitted through the department, and receive the approval of the Department Director and the City Manager. Page 24 4.7.4. Vacation Cash In. One time Vacation Cash In: As of December 31, 2006, the City will require a one time vacation buy down for those employees whose vacation accrual is above 225 hours. This one time payment will be made with the second pay check in February 2007. This one time buy -down will bring employees under the vacation cap as defined in Section 4.7.3, allowing for additional accrual time. The one time payment will not affect the employee's ability to participate in the annual vacation cash in for 2007 and subsequent years. An employee, who has taken at least ten (10) days vacation in the preceding twelve (12) months, may request in any fiscal year that accrued vacation, not to exceed seven (7) days, be converted to cash payments and the request may be granted at the discretion of the City Manager. Employees cannot cash in more than seven (7) days of vacation in any one twelve (12) month period. ARTICLE 4.8. HOLIDAYS 4.8.1. Paid Holidays. All employees who are required to work on a day designated as an authorized holiday, other than a day on which an election is held throughout the state, shall be paid at the applicable rate of pay for the number of hours actually worked. When a holiday falls on Saturday or Sunday, the Friday preceding a Saturday holiday or the Monday following a Sunday holiday shall be deemed to be a holiday in lieu of the day observed. The following holidays will be observed: January 1st: The third Monday in January: The third Monday in February: March 31St The last Monday in May: July 4th: The first Monday in September: November 11: The fourth Thursday of November: The fourth Friday of November: December 25th: New Year's Day Martin Luther King Day Washington's Birthday Cesar Chavez Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day In addition to designated holidays, employees in this Unit receive two (2) floating holidays. Floating holidays not used are added to employee's vacation balance. Page 25 ARTICLE 4.9. OTHER LEAVES 4.9.1. Bereavement Leave. In the event of the death of an employee's spouse, child, parent, brother, sister, in- laws, relative who lives or has lived in the home of the employee to such an extent that the relative was considered a member of the immediate family and/or another individual who has a legal familial relationship to the employee and resided in the employee's household, up to three (3) days within the State and up to five (5) days out-of-state may be granted for bereavement leave. In those cases where the death involves an individual who had such a relationship with the employee, as defined above, the employee shall sign a simple affidavit describing the relationship and submit this to the department head as part of the request for bereavement leave. 4.9.2. Military Leave. Military leave shall be granted in accordance with the State of California Military and Veteran's Code as amended from time to time. All employees entitled to military leave shall give the appointing authority and the department head an opportunity, within the limits of military regulations, to determine when such leave shall be taken. 4.9.3. Leave of Absence Without Pay. Leave of absence without pay may be granted by the City Manager upon the written request of the employee. Accrued vacation leave must be exhausted prior to the granting of leave without pay. 4.9.4. Industrial Injury Leave. For benefits under Workers Compensation, an employee should report any on the job injury to his/her supervisor as soon as possible, preferably within twenty-four (24) hours. The City Manager's office coordinates benefits for Worker's Compensation claims. For further information, see the Industrial Accidents and Injuries section of the City's Injury and Illness Prevention Program. All regular, full time employees of the City who have suffered any disability arising out of and in the course of their employment as defined by the Worker's Compensation Insurance and Safety Act of the State of California, and who are receiving or shall receive compensation from the insurance carrier for such disability, and during the first seven (7) days after such disability when compensation is not paid by the insurance carrier, shall be entitled to remain absent from duty with pay until such time as they are able to return to duty or some other final disposition is made of their case; provided, however, compensation leave payments shall not exceed the following limitations: Page 26 Compensation leave payments shall not exceed the employee's regular full pay for the first three 3) calendar months and three-fourths (3/4) of the regular full pay for the following six (6) calendar months. Worker's compensation checks due the employee will be made payable to the City of San Rafael and the employee. After said check is properly endorsed, it shall be deposited with the City Treasurer. All other employees shall be entitled to such compensation as may be allowed them by the Worker's Compensation Insurance and Safety Act of the State of California. Note: Refer to 4.6.3. for qualifications regarding use of accrued sick leave. 4.9.5. Jury Duty. Employees required to report to jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided that the employee provides advance notice to the Appointing Authority and remits to the City all per diem service fees except mileage or subsistence allowance within thirty days from the termination of such duty. 4.9.6. Safety Holiday. A Safety Holiday Incentive Program is established for maintenance employees. Employees will be placed in one of the following units. The units are: (1) Park Division; (2) Street Division; (3) Sewer Division; (4) Garage Division; (5) Building Maintenance Division; or (6) Community Services Custodians. For part-time employees in these units who are eligible for benefits, any safety holiday will be pro -rated. If all employees of a designated unit complete six (6) months without a work-related injury or illness resulting in one full day of lost time, a Safety Holiday will be granted to all employees of that unit, with specific time off granted with prior Supervisory approval. Note: Long term, consecutive days of lost time shall be considered as one incident (long term for this purpose shall be defined as 14 days or more). 4.9.7. Family Medical Leave. Family leave shall be granted in accordance with the federal Family and Medical Leave Act of 1993 and the California Family Rights Act of 1991. Requests for Family Care Leave are submitted to the employee's department head for approval and reviewed by the Human Resources Manager for consistency with the law prior to approval. Employees approved for this type of leave must use appropriate accrued and unused vacation leave and/or compensatory time before going on leave without pay status. Accrued and unused sick leave may be used if appropriate and requested. Sick leave usage is to be consistent with sick leave provisions of the M.O.U. To be eligible for this family leave benefit, an employee must have worked continuously for the City of San Rafael for at least 12 months. Page 27 An eligible employee may use family medical leave: • For the birth or placement of a child for adoption or foster care; • To care for an immediate family member (spouse, child or parent) with a serious health condition; or, • To take medical leave when the employee is unable to work because of a serious health condition. An employee shall be entitled to twelve (12) weeks of leave of absence, which need not be consecutive, subject to the conditions indicated herein and the law. If the employee's spouse is employed by the City, the total time allowed for family medical leave shall be twelve (12) weeks in any one calendar year. The City shall continue to provide paid coverage of health benefits for the duration of the approved leave of absence. 4.9.8. Personal Leave — Supervisory Unit Up to two (2) days of Personal Leave per fiscal year shall be granted to Supervisory Unit employees, with prior supervisory approval. Employees must submit leave requests two (2) weeks in advance. Unused Personal Leave does not carry over and cannot be cashed out. 4.9.9. Catastrophic Leave Catastrophic leave shall be in accordance with City Catastrophic Leave Policy 140.18, upon effective date of City adoption. The City agrees not to make changes to the Catastrophic Leave policy during the term of this agreement unless the Union consents to midterm negotiations on this subject. CHAPTER 5. TERMS AND CONDITIONS ARTICLE 5.1. WORK WEEK The WORK WEEK will reflect a thirty-seven and one-half (37 1/2) hour work week and a work day of seven and one-half (7 1/2) hours for all represented job classes in this Agreement and all accruals and usages in the contract will reflect a seven and one-half (7 1/2) hour work day. Nothing herein will prevent a Department Head, in his/her discretion, from adopting a flexible schedule or variable workweek by either meeting or conferring with the Union or the consent of the affected employee(s). ARTICLE 5.2. OVERTIME Shall mean actual time authorized and worked beyond the regular workweek or workday. A work or duty week shall be defined as seven (7) consecutive calendar Page 28 days. Overtime is compensable to the nearest half-hour, and must have prior authorization and approval of the Department Head. Each Department Head shall have the authority to designate certain job classifications for mandatory overtime in emergencies. In the event the Department Head determines that there is a staffing need during an emergency, the Department Head shall first make a reasonable effort to seek qualified volunteers to work overtime during the emergency. If the Department Head determines that there are an insufficient number of volunteers, or if time constraints prevent the soliciting of volunteers, the Department Head may order employees in the designated classifications (may vary depending on the emergency but primarily relates to job classifications in the Street Division of Public Works) to report to work in overtime status to address the emergency. ARTICLE 5.3. COMPENSATORY TIME POLICY With the department head's approval, compensatory time, in lieu of overtime pay, may be taken subject to the following rules: 5.3.1. Accrual Limit. Employees may accrue up to 115 hours of compensatory time after which said employee must accept overtime pay in lieu of accruing additional compensatory time. 5.3.2. Overtime Rate. Employees who work overtime may be paid for it at the rate of time and one-half or may accrue compensatory time at a rate of time and one-half subject to the limitations in 5.3.1. Employees who elect compensatory time must take the time off, preferably within the quarter during which it was earned, and shall not be paid for it. ARTICLE 5.4. STANDBY OR CALL-BACK DUTY 5.4.1. Compensation When Assigned to Standby Duty. Miscellaneous and Supervisory employees assigned standby duty on Saturday, Sunday or a day designated as an authorized holiday by the City Council shall be compensated at the rate of six (6) hours of their base salary for each day of standby duty. To identify employee eligible for standby covering holidays, the City and Union acknowledge standby eligibility shall rotate at 12:00 a.m. (midnight) on each Wednesday of the week. Weekend duty will start at 12:00 midnight on Friday, and will end 12:00 a.m. on Monday. On holidays during the week, duty will start at 12:00 a.m. on the designed holiday and will end at 12:00 a.m. on the next regular work day, or the employee will receive compensatory time off on a straight time basis. At the time Page 29 of accrual, the employee will designate either salary or compensatory time. Compensatory time off must be approved in accordance with normal leave request procedures. 5.4.2. Minimum Payment for Call Out. Employees on standby duty who are called out and required to work, shall be paid a minimum of two (2) hours at the rate of time and one half, for each time they are called out. 5.4.3. Compensation When Not Assigned to Call Back Duty. When an employee not assigned to standby duty is called back to duty, the employee shall receive compensation for a minimum of four (4) hours. 5.4.4. Standby Residency and Pagers. The residency requirement for standby personnel shall include those individuals who live within a thirty (30) minute travel distance from the Corporation Yard. Pagers shall be provided to those persons on standby. A Miscellaneous or Supervisory Unit employee within the residency area shall be considered eligible for standby duty from 12:00 midnight Wednesday to the following Wednesday at 12:00 midnight. This includes all holidays that may fall within that period. At the end of this one-week period, the standby is then assigned to the next employee on the list. The following is the standby list selection: As an employee's turn comes up through regular rotation, the employee must observe the following rules: a. If the employee is sick, or has scheduled time off, standby will move to the next person on the list. b. The employee scheduled for standby must pick up the beeper and keys from the Street Maintenance Supervisor at 3:00 p.m. on the day before the standby study begins. It is noted this list was originally established by lottery; new employees are placed at the bottom of the list. ARTICLE 5.5. TRANSFERS / REASSIGNMENTS 5.5.1. Types of Transfers. Transfers may be within the same department (intra -departmental) or between departments (inter -departmental). The requirements for each are as follows: a. Intra -departmental transfers. The Appointing Authority shall have the authority to transfer an employee from a position in one division of a department to a Page 30 position in the same or similar classification with the same salary range, in the same division or to another division of the same department. (at any time and for any duration). b. Inter -departmental transfers. An employee may transfer from a position in one (1) department to a position in the same or similar classification in another department, provided the consent of the two Appointing Authorities and the City Manager is obtained. C. Voluntary Transfers. An employee may make a written request for transfer to the Human Resources Manager to a position in the same or similar classification with the same salary range. Such a transfer may be made on the recommendation of the affected Department Head(s) and the approval of the City Manager. 5.5.2. Minimum Qualifications. Any persons transferred to a different position shall possess the minimum qualifications for the position. 5.5.3. Transfer Procedures. The City Manager may authorize the transfer of an employee from one position to another of the same or comparable class of work and where the same general type of examination is given for entrance to such a position. Transfers from one department to another department having a different jurisdiction or different function shall be done only with the consent of the Department Heads, involved, unless such a transfer is ordered by the City Manager for purpose of economy or efficiency. Any person transferred to a different position shall possess the minimum qualifications for the position. Employees who have completed their initial probation may seek voluntary transfers to positions within the same job class, and/or lower level job classes as long as the employee meets the minimum qualifications for the position. Employees seeking transfer should submit a completed application to the Human Resources Division. As vacancies occur, transfer candidates may receive consideration along with those on the eligibility list. Page 31 ARTICLE 5.6. EDUCATION REIMBURSEMENT PROGRAM 5.6.1. Educational Reimbursement Program — Miscellaneous Unit The Educational Reimbursement is $200/fiscal year, maximum, with the City's payment not to exceed 75% of the cost. Educational Reimbursement is available to employees who satisfactorily (grade of C or better, Pass or complete) complete a course or courses that are pre -determined to be job related and/or that will assist the employee to prepare for career advancement in his/her field. To be eligible, employees must have completed probation at the time of the reimbursement, which is made at the end of the semester. The Educational Reimbursement Program will include reimbursement for professional membership dues for work-related organizations for employees in the "Administrative" or "Professional" sections of the Miscellaneous Bargaining Unit. Prior supervisory approval is necessary to be eligible for reimbursement. The total reimbursable amount remains at $200/fiscal year. 5.6.2. Educational Reimbursement Program — Supervisory Unit The Educational Reimbursement Program is $225 per fiscal year. This reimbursement is available to employees who have satisfactorily (grade of C or better, Pass or Complete) completed a course or courses that are predetermined to be job-related and/or that will assist the employee to prepare for career advancement in his/her field. To be eligible, employees must have completed probation at the time of the reimbursement, which is made at the end of the semester. The Educational Reimbursement Program will accommodate reimbursement of up to $100 per fiscal year for professional membership dues for work-related organizations for employees in the "Administrative", "Professional", or "Library" sections of the Supervisory Bargaining Unit. Prior supervisory approval is necessary to be eligible for reimbursement. The total reimbursable amount remains at $225 per fiscal year. ARTICLE 5.7. MECHANIC TOOL REIMBURSEMENT The City will provide up to $200/fiscal year tool reimbursement to Vehicle Equipment Mechanics, the Equipment Service Attendant, and the Shop and Equipment Supervisor for tools purchased for use in the course of City work. Employees must submit proof of payment for purchase prior to reimbursement. ARTICLE 5.8. UNIFORM ALLOWANCE 5.8.1. Sewer and Garage Employees Uniform Maintenance Program. Uniform shirts, pants and coveralls will be provided and laundered for the maintenance employees of the Sewer and Garage work units. Page 32 5.8.2. Uniform Allowance. Maintenance employees in Parks, Streets, Building Maintenance and Community Services who must wear uniforms shall receive a uniform allowance in the amount off $157.50 at the completion of each six (6) months of service ending June 30th and December 31 st. A pro -ration at the rate of $26.25/month may be given with the recommendation of the department head and the approval of the City Manager. Uniforms and gear must be in accordance with the departmental dress code and safety requirements. Parking lot attendants and parking maintenance staff will be provided with shirts, hats and jackets by the City if they are required by the City to wear them. Parking Maintenance staff, if required to wear a uniform which is not provided by the City, shall receive an annual uniform allowance of $445 per year, paid in two installments, in June and December. Parking Enforcement Officers (PEOs) shall receive an annual uniform allowance of $445 per year, paid in two installments, in June and December. PEOs shall have utility and rain gear provided by the City. Note: While the 6 month periods end June 30th and December 31St the actual payments of the uniform allowance are provided on the first paycheck in June and the first paycheck in December. A safety shoe allowance of $130.00/year will be provided to City Hall employees who have field assignments in or about construction sites or have related activities and to all Corporation Yard maintenance employees and Custodians. The allowance for boots for Sewers and Garage maintenance employees shall be $130.00/year. Payment shall be made on the first paycheck in December. 5.8.3. Uniform Jacket Cleaning Allowance. Maintenance employees of the Sewer work unit, including the Sewer Maintenance Supervisor will receive a work jacket cleaning allowance of $60.00 at the completion of each six (6) months of service ending June 30th and December 31St A pro -ration of $10.00/month may be given with the recommendation of the department head and the approval of the City Manager. Note: While the 6 month periods end June 30th and December 31St the actual payments of the uniform jacket cleaning allowance are provided on the first paycheck in June and the first paycheck in December. ARTICLE 5.9. SAFETY The City of San Rafael is committed to providing a safe and healthy place to work. The City shall furnish safety devices and safeguards, and shall adopt and use Page 33 methods and processes adequate to ensure that the work place is safe and healthy. Employees are expected to obey safety rules and make proper use of safety gear and equipment. The City's safety policies and procedures shall comply with all applicable state laws related to a safe work environment. 5.9.1. Hazardous Materials. Maintenance employees in the Union will be provided with the necessary training associated with what is termed first responder awareness level. First responders at this level (awareness only) are those who are likely to witness or discover a hazardous substance release and who have been trained to initiate an emergency response operations level. "Awareness" individuals take no action beyond notifying the designated authorities of the release. The on -duty Fire Battalion Chief is the Incident Commander in the event of a hazardous material release. It is understood and agreed by both parties that maintenance employees in this Union do not have any responsibility to clean up, mitigate or otherwise dispose of hazardous materials. The Fire Department personnel and/or contract personnel have the direct responsibility of dealing with hazardous materials. Maintenance employees of this Union do have direct responsibility to handle (clean up, mitigate, transport, dispose of, etc.) petroleum products such as diesel fuel gasoline, drain oil, and the like. ARTICLE 5.10. MISCELLANEOUS 5.10.1. Confidential Nature of Personnel Records. All personnel records and files and examination materials are confidential. The Human Resources Manager shall take all necessary steps to protect the confidentiality of those materials. Disclosure of such records shall be governed by the Public Records Act, Government Code Sections 6250, et. seq. Individual employees may review their official personnel file maintained by the Personnel Office and/or respective appointing authority. With the written consent of the employee, the authorized representative of the recognized employee organization may also review that personnel file. 5.10.2. Confidential Nature of Medical Records. All medical records and files are the property of the City of San Rafael. These confidential records and files are to be maintained in a file separate from the employee's personnel file in the Human Resources Division. Disclosure of such records shall be governed by the Public Records Act, Government Code, Section 6250, et. seq. 5.10.3. Outside Employment. Outside Employment shall be in accordance with City Outside Employment Policy No. 140.07, upon effective date of City adoption. Page 34 5.10.4. Gratuities/Solicitation of Contributions. Shall be governed by the City's Personnel Rules and Regulations. 5.10.5. Return of City Equipment. Upon termination of employment, all tools, equipment, and other City property assigned to an employee shall be returned. 5.10.6. Political Activity. The political activity of City employees shall comply with pertinent provisions of State and Federal Law. 5.10.7. Employment of Relatives. Shall be governed by the City's Personnel Rules and Regulations. 5.10.8. Use of City Vehicles. Public Works Supervisors, at the direction of the department head, will be allowed to take a City vehicle home in emergency conditions. 5.10.9. Labor/Management Meetings. During the term of the Agreement, the City and the Union agree that consultation meetings may contribute to improved employer-employee relations. Issues relating to the usage of volunteers and temporary/part-time/seasonal employees, promotional opportunities and the implementation of safety programs will serve as a basis for initial agenda items to be discussed and acted upon. The committee shall be comprised of three (3) representatives from the Miscellaneous and Supervisory Units and three (3) from City Management as well as the SEIU Field Representative and the Director of Personnel. The parties agree that committee members may change depending on the subject matter. Meetings may be requested by either party. The party requesting the meeting shall submit a proposed agenda and the receiving party shall acknowledge and confirm the date, time and location of the requested meeting. It is intended that the subject matter will not include issues subject to Article 6.4 Grievance Procedures. 5.10.10. Contract Orientation Work Sessions. The City and the Union agree that the individuals having responsibility for the enforcement of the Agreement, Union Stewards and Department Heads/Supervisors shall participate in an Annual Contract Orientation Work Session for the purpose of obtaining a better understanding of the provisions of the contract. These work sessions shall be held on City time and facilities. Page 35 5.10.11. Personnel Rules and Regulations. The Union agrees to accept the revision to the City's Personnel Rules and Regulations dated April 20, 1991. 5.10.12. Drug and Alcohol Policy (Non -DOT) The City and the Union agree to the non -DOT general drug and alcohol policy. A copy is available with the City's policies. (Safety sensitive job classes should refer to the DOT Drug and Alcohol Policy previous agreed to by the parties for the specifics of that policy). CHAPTER 6. PROCEDURES ARTICLE 6.1. DEMOTION AND SUSPENSION 6.1.1. Demotion. The Appointing Authority may demote an employee when the following occurs: (a) The employee FAILS to perform his/her required duties. (b) An employee requests such a demotion. No employee shall be demoted to a classification for which he/she does not possess the minimum qualifications. When the action is initiated by the Appointing Authority, written notice of demotion shall be provided to an employee at least ten (10) working days before the effective date of the demotion, and a copy filed with the Human Resources Division. Withholding a salary step increase, or withdrawing a merit step increase within or above the salary range of the employee's position shall not be deemed a demotion. Disciplinary demotion action shall be in accordance with Article 6.3, "Disciplinary Action." 6.1.2. Suspension. The Appointing Authority may suspend an employee from a position at any time for a disciplinary purpose. Intended suspension action shall be reported immediately to the Human Resources Manager, and shall be taken in accordance with Article 6.3, "Disciplinary Action". ARTICLE 6.2. TERMINATION OF EMPLOYMENT 6.2.1. Resignation. An employee wishing to leave the City service in good standing shall file with his/her immediate supervisor, at least fourteen (14) days before leaving the Page 36 service, a written resignation stating the effective date and reason for leaving. A copy of the resignation shall be forwarded to the Appointing Authority and Human Resources Division. 6.2.2. Termination Layoff. The Appointing Authority may terminate an employee because of changes in duties or organization, abolishment of position, shortage of work or funds, or completion of work for which employment was made. 6.2.3. Termination - Disciplinary Action. An employee may be terminated at any time for disciplinary action, as provided in Article 6.3, "Disciplinary Action." 6.2.4. Retirement. Retirement from the City services shall, except as otherwise provided, be subject to the terms and conditions of the City's contract as amended from time to time, with the Marin County Retirement System. 6.2.5. Rejection During Probation. An employee may be terminated from their position during the probationary period of their initial appointment to the City's classified service without Right of Appeal. ARTICLE 6.3. DISCIPLINARY ACTION 6.3.1. Right to Discipline and Discharge. Upon completion of the designated probationary period an employee shall be designated as a non -probationary employee and the City shall have the right to discharge or discipline any such employee for dishonesty, insubordination, drunkenness, incompetence, negligence, failure to perform work as required or to observe the Department's safety rules and regulations or for engaging during the term of this Memorandum of Understanding, in strikes, individual or group slowdowns or work stoppages, or for violating or ordering the violation of the Memorandum of Understanding. The City shall use progressive disciplinary steps (i.e., reprimand, suspension, demotion, discharge) unless the violation is such as to justify termination. Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary, and suspension resulting in loss of pay. In addition, the City may discipline or discharge an employee for the following: Fraud in securing appointment; negligence of duty; violation of safety rules; unacceptable attendance record including tardiness, overstaying lunch or break periods; possession, distribution or under the influence of alcoholic beverages, non-prescription or unauthorized narcotics or dangerous drugs during working hours; inability, unwillingness, refusal or failure to perform work as assigned, required or directed; unauthorized soliciting on City property or time; conviction of Page 37 a felony or conviction of a misdemeanor involving moral turpitude; unacceptable behavior toward (mistreatment of discourteousness to) the general public or fellow employees or officers of the City; falsifying employment application materials, time reports, records, or payroll documents or other City records; misuse of City property; violation of any of the provisions of these working rules and regulations or departmental rules and regulations; disorderly conduct, participation in fights, horseplay or brawls; dishonesty or theft; establishment of a pattern of violations of any City policy or rules and regulations over an extended period of time in which a specific incident in and of itself would not warrant disciplinary action, however, the cumulative effect would warrant such action; failure to perform to an acceptable level of work quality and quantity; insubordination; other acts inimicable to the public service; inability or refusal to provide medical statement on cause of illness or disability. 6.3.2. Preliminary Notice. A non -probationary employee shall receive a preliminary written notice from the employee's Supervisor of any proposed disciplinary action that involves the loss of pay. The notice must contain a specific statement of charges or grounds upon which the proposed disciplinary action is based and the date the disciplinary action will be effective. Any known written materials, reports or documents upon which the disciplinary action is based must be attached to the notice. Upon the receipt of the notice, the employee shall have five (5) days to appeal the matter in writing to Step 2 of the Grievance Procedure. If a written appeal is filed, no disciplinary action shall be imposed until the Department Head has conducted a hearing with the employee and employee's representative present and having heard the response of the employee. If no written appeal is filed within five (5) days, the employee shall be deemed to have waived his right to proceed to Step 4 of the Grievance Procedure. 6.3.3. Disciplinary Action and Appeal. After hearing the response of the employee, the Department Head may order that the proposed disciplinary action or modification thereof be imposed. Such notification shall be issued in writing within 10 days of the meeting. If the employee elects to appeal the Department Head action, he/she may request a confidential settlement conference with the City Manager. Participation in the confidential settlement conference shall be voluntary. If the matter is still unresolved after the confidential settlement conference, the employee shall notify the City within ten (10) days that the matter is appealed to Step 4 (Arbitration) of Page 38 the Grievance Procedure. The matter shall then proceed in accordance with the Grievance Procedure. 6.3.4. Sexual/Racial Harassment. Sexual/Racial harassment of one employee by another is cause for disciplinary action including the possibility of immediate discharge. Sexual harassment is defined as including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. Racial harassment is defined as including but not limited to verbal, or physical conduct of a racial nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. ARTICLE 6.4. GRIEVANCE PROCEDURE. 6.4.1. Definitions. (1) Grievance is a dispute, which involves the interpretation or application of any provision of this Memorandum of Understanding. All ordinances, resolutions, rules and regulations, which are not specifically covered by the provisions of this Memorandum shall not be subject to the Grievance Procedure. (2) Day shall mean any that the City Office is open for business, excluding Saturdays, Sundays and the holidays recognized by the City. (3) Grievant may be an individual employee or a group of employees or the Union on the behalf of a group of employees or the Union on its own behalf on matters involving the City and Union relationship. (4) Time limits begin with the day following the event causing the grievance or the day following receipt of a grievance decision. 6.4.2. Procedure. Step 1. Within seven (7) days of when the grievant knew or should have known of the act or omission causing the grievance the grievant shall present either in writing or verbally a clear and concise statement of the grievance to the immediate supervisor. Page 39 Within five (5) days thereafter the immediate supervisor shall investigate and respond to the allegations of the grievant. Step 2. If the grievant is not satisfied with the resolution at Step 1 the grievant must reduce the grievance to writing and present it to the Department Head within five (5) days. The written grievance shall contain a statement of facts about the nature of the grievance, and shall identify the specific provisions of this Memorandum of Understanding alleged to be violated, applicable times, places and names of those involved, the remedy or relief requested, and shall be signed by the grievant. The Department Head shall confer with the grievant and within ten (10) days respond to the allegations in writing. Step 3. If the grievant is not satisfied with the resolution at Step 2, the grievant shall within five (5) days appeal the matter to the City Manager. The City Manager shall investigate the matter, conduct a hearing if the City Manager deems it appropriate and within ten (10) days, thereafter, respond to the allegations in writing. Step 4. If the grievance remains unresolved after Step 3, the Union may, by written notice to the City Human Resources Division within ten (10) days after the receipt of the response in Step 3, notify the City that the Union wishes to appeal the grievance to final and binding arbitration. The parties shall attempt to agree upon an arbitrator. If no agreement is reached, they shall request a list from the State Conciliation Service of nine (9) names. The selection process will include a review of the arbitrator's availability for the hearing. Each party shall then alternately strike a name until only one (1) name remains, said person to be the arbitrator. The order of striking shall be determined by the flip of a coin. 6.4.3. Arbitration. The arbitrator shall be empowered to conduct a hearing and to hear and receive evidence presented by the parties. The hearing should be held within 60 calendar days of the selection of the arbitrator. The hearing shall be informal and need not be conducted according to technical rules of evidence. Repetitious evidence may be excluded and oral evidence shall be taken only under oath. The arbitrator shall determine what evidence is relevant and pertinent, as well as any procedural Page 40 matters, and he/she may call, recall and examine witnesses, as he/she deems proper. The burden of proof shall be upon the Union in grievance matters and upon the City in disciplinary/discharge matters. After the conclusion of any hearing and the submission of any post hearing evidence or briefs agreed upon by the parties, the arbitrator shall render a written decision which shall be final and binding upon the City, the Union and any employee(s) involved in the grievance or disciplinary matter. The arbitrator shall not be empowered to add to, subtract from, or in any way modify or alter any provision of this Memorandum of Understanding. The arbitrator shall only determine whether a grievance exists in the manner alleged by the grievant, and what the proper remedy, if any, shall be, or in the case of disciplinary/discharge matter whether the City allegations are accurate and the appropriateness of the disciplinary penalty. The fees and expenses of the arbitrator shall be shared equally by the Union and the City. All other expenses shall be borne by the party incurring them. The cost of the services of court reporter shall be borne by the requesting party unless there is a mutual agreement to share the cost or unless the arbitrator so requests. Then the costs will be shared equally. 6.4.4. General Provisions. (1) Employees who participate in the Grievance Procedure, by filing a grievance or acting, as a witness on the behalf of either party shall be free from discrimination by either the Union or the City. (2) A grievant has the right to be represented at each stage of the procedure, to cross examine witnesses, and have access to all information regarding the basis of the grievance upon which the City relies in making its determinations. (3) If the City management fails to respond within the specified time limits, the grievance shall, at the request of the Union, be moved to the next step of the procedure. If the Union or a grievant fails to process or appeal a grievance within the specified time limits, the matter shall be deemed withdrawn with prejudice. The parties may by mutual agreement waive the steps in the procedure. (4) If a hearing is held during work hours of employee witnesses, such employees shall be released from duties without loss of pay or benefits to appear at the hearing. Witnesses requested by the parties shall be compelled to attend said hearings. Page 41 (5) The Human Resources DivisionHuman Resources Division shall act as the central repository for all grievances. (6) Time limits contained herein may be extended by mutual agreement of the parties. Absence for bona fide reasons by a grievant, the Union representative or any management official involved in responding to the grievance shall automatically extend the time limits by the same number of days of absence. ARTICLE 6.5. POSITION RECLASSIFICATION PROCEDURE The process by which an individual position may be audited to review the appropriateness of its classification is provided in this Article. 6.5.1. Purpose. This administrative procedure shall establish consistent guidelines for the creation and/or review of a position's job classification. 6.5.2. Policy. The City of San Rafael seeks to maintain a classification system and process whereby all positions are accurately classified on the basis of current and ongoing job responsibilities officially assigned to said position(s). 6.5.3. Creation of New Position. The Appointing Authority or their designee may during the budget process request the creation of a new job classification by: 1. Completion of prescribed personnel form(s) and a position description questionnaire form. 2. Completed forms shall be submitted to the City of San Rafael's Human Resources Division. 3. Human Resources Division staff shall within 60 calendar days of receipt of the forms complete a formal audit of the proposed job class and prepare a written report. 4. The written report shall be submitted to the City Manager and the City Council for final approval. 5. Creation of a new job classification shall be effective with the start of the new fiscal year. 6.5.4. Reclassification. The Appointing Authority or their designee or an incumbent of a position or the Union on behalf of an employee may request, in writing, a classification review. This classification review may be requested if the position has not been reviewed within the previous twelve (12) months and either permanent and substantial Page 42 changes have been made in the duties and responsibilities assigned to the position or there is evidence that the majority (50% or more) of the work being performed is not appropriate for the position's current classification. 1. All requests for reclassification must be submitted to the Human Resources Division on prescribed personnel form(s) by the appointing authority. Reclassification requests must be accompanied by a current job description approved by the position's immediate supervisor and appointing authority. 2. Employee initiated reclassification requests must first be directed to the employee's Appointing Authority. The appointing authority shall forward the employee's request to the Human Resources Manager within ten (10) days of receipt. 3. The Human Resources Manager shall ensure the review (audit) of the employee's position is completed within sixty (60) calendar days of receipt of the request in the Human Resources Division. 4. Based upon the analysis and evaluation of a position, the Human Resources Division reviewer may recommend that the position be sustained in its current class or be reclassified (up or down) to the proper classification based upon the assigned work. The City Manager or their designee shall review all reclassification recommendations made by the Human Resources Division. 5. Within ten (10) days of receipt of the written audit decision the affected employee(s) may, in writing, submit a request for review of this decision to the City Manager. This request for review must show substantial error and/or omission on the part of the auditor. The City Manager may render a decision on the appeal on the basis of the written material or may interview the involved parties to discuss the specific error or omission prior to rendering a decision. 6. The City Manager shall have final decision-making authority on all reclassifications. 7. Reclassifications shall be effective the first of the month following final approval of the action. Any changes of pay as a result of the reallocation shall be in accordance with the City's Personnel Rules and Regulations in effect at the time. ARTICLE 6.6. FURLOUGH PROGRAM Both the City of San Rafael and SEIU 949 recognize the unpredictable shifts in funding that affect City finances. Through this recognition and in a cooperative spirit the City of San Rafael and SEIU 949 have worked expeditiously on the development of a Furlough Program. This Agreement does not mean the City will necessarily implement furloughs; but in the event it is necessary to implement due Page 43 to continued economic problems in the City of San Rafael, the City shall meet and consult with the Union at least 60 days prior to implementation of the Furlough Program. The procedures for this Furlough Program shall provide for both Voluntary Time Off (herein described as VTO) and Mandatory Time Off (herein described as MTO). 6.6.1. Voluntary Time Off (VTO). The needs of the City and the respective departments (as determined by the Department Head and City Manager) will need to be considered in the actual granting of VTO. Any VTO time granted and the resulting savings will have a corresponding impact on the time needed through MTO. 1. An employee's VTO time would count in determining how many hours of MTO an employee needed to take during the fiscal year. 2. An employee selecting VTO would receive one half hour of furlough induced Personal Leave time off for every hour of VTO taken not to exceed the number of furlough induced Personal Leave time off an employee scheduled for MTO would receive (establishes a maximum cap of 5%). This furlough induced Personal Leave time is to be taken as described in 6.6.2. (4.b.). 3. Employees who take VTO at a time other than when MTO is taken by other employees will have to take vacation leave, compensatory time off or leave without pay if the MTO results in the closure of the department. 6.6.2. Mandatory Time Off (MTO). MTO will be taken by the employee during the MTO period when feasible in their respective department (as determined by the Department Head and City Manager) and after consultation with the union. The City will attempt to schedule MTO time in blocks of days (between Xmas and New Years) or individual days next to scheduled holidays and/or weekends. 1. Employees may not take paid vacation time in lieu of designated MTO time. 2. MTO time shall be considered time in pay status for the accrual of leave and eligibility for holidays. MTO time will not impact health, dental and life insurance benefits. At this time MTO time will impact Marin County retirement contributions; but if the Marin County Retirement System changes its policy on this, the City will, effective the first of the month following notice from the Marin County Retirement System, make the necessary change in the program's administration to correspond with the change in the policy. Any employee who notifies the City no later than 07-30-93 of their Page 44 retirement date, and retires from the Marin County Retirement System during FY 93-94, shall be exempted from the MTO requirements. If said employee did not retire during FY 93-94 as stated, said employee would be docked in pay an amount equivalent to the number of MTO hours taken by other represented employees. 3. MTO time shall apply toward time in service for step increases, completion of probation, and related service credit. 4. Other Terms and Conditions: a. The MTO program shall be limited to a maximum five percent (5%) reduction in work hours/pay for the fiscal year. For each MTO hour deducted, the involved employee shall be credited with a one half hour added to a furlough induced Personal Leave balance. b. Personal Leave accrued through the MTO Program may be taken beginning July 1, following fiscal year, with supervisory approval. Furlough induced Personal Leave has no cash value upon termination of employment. If an employee is laid off before having the opportunity to take unused furlough induced Personal Leave, said employee would be eligible to take the unused furlough induced Personal leave during the thirty -day layoff notice period. C. Should the City of San Rafael experience a financial windfall during the fiscal year that furloughs are implemented, the City and the Union agree to re -open negotiations on this Furlough Plan. CHAPTER 7. MANAGEMENT RIGHTS The City reserves, retains, and is vested with, solely and excessively, all rights of management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights: To manage the City generally and to determine the issues of policy; To determine the existence of facts which are the basis of the management decision; To determine the necessity of any organization or any service or activity conducted by the City and expand or diminish services; To determine the nature, manner, means, technology and extent of services to be provided to the public; Methods of financing; Types of equipment or technology to be used; To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted; To determine and change the number of locations, re -locations and types of operations, processes and materials to be Page 45 used in carrying out all City functions including, but not limited to, the right (after effect bargaining) to contract for or subcontract any work or operation of the City; To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments; To relieve employees from duties for lack of work or other legitimate reasons; To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City Personnel Rules and Regulations and this M.O.U; To determine job classifications and to reclassify employees; To hire, transfer, promote and demote employees in accordance with this Memorandum of Understanding and the City's Rules and Regulations; To determine policies, procedures and standards for selection, training and promotion of employees; To establish and modify employee and organizational performance and productivity standards and programs including but not limited to, quality and quantity standards; and to require compliance therewith; To maintain order and efficiency in its facilities and operations; To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement; To take any and all necessary action to carry out the mission of the City in emergencies. The City and the Union agree and understand that if, in the exercise of any of the rights set forth above, the effect of said exercise of rights by the City impacts an area within the scope of representation as set forth in the Meyers/Milias/Brown Act, case law interpreting said acts, and/or Federal law, the City shall have the duty to meet and confer with the Union regarding the impact of its decision/exercise of rights. CHAPTER 8. REDUCTION IN FORCE ARTICLE 8.1. AUTHORITY The Appointing Authority may lay off, without prejudice, any regular employee because of lack of work or funds, or organizational alterations, or for reasons of economy or organizational efficiency. ARTICLE 8.2. NOTICE Regular employees designated for layoff or demotion shall be notified in writing at least thirty (30) calendar days prior to the anticipated date of termination or demotion. The employee organization shall also be so notified. ARTICLE 8.3. ORDER OF LAYOFF Layoffs and/or reductions in force shall be made by classification. A classification is defined as a position or number of positions having the same title, job description and salary. Extra hire employees shall be laid off before permanent employees in the affected classification. In effecting the preceding order, a part - Page 46 time permanent employee with more seniority can displace a full time permanent employee. ARTICLE 8.4. SENIORITY If two or more employees within a classification have achieved permanent status, such employees will be laid off or reduced on the following basis: a. Seniority within the affected classification will be determinative. Such seniority shall include time served in higher classification (s). The computation of seniority for part-time employees will be credited on a pro rata basis to full time service. Time spent on a City Manager approved leave of absence without pay does not count toward seniority. b. If the seniority of two or more employees in the affected classification or higher classifications) is equal, departmental seniority shall be determinative. C. If all of the above factors are equal, the date regular status in City service is achieved shall be determinative. d. If all of the above are equal, date of certification for appointment shall be determinative. ARTICLE 8.5. BUMPING RIGHTS An employee designated to be laid off may bump into a class at the same salary level for which he or she meets the minimum qualifications, or into the next lower classification in which such employee has previously held regular status. An employee who is bumped, shall be laid off in the same manner as an employee whose position is abolished. ARTICLE 8.6. TRANSFER RIGHTS The Human Resources Manager will make every effort to transfer an employee who is to be affected by a reduction in force to another vacant position for which such employee may qualify. The length of eligibility for such transfer will be the period of notification as provided in 8.2, but no longer than the effective date of such layoff or reduction. ARTICLE 8.7. RE-EMPLOYMENT 8.7.1. General Guidelines. Individuals who have been laid off or demoted shall be offered re -appointment to the same classification in which they held status in the order of seniority in the classification. Individuals demoted in lieu of reduction in force shall be offered restoration to the highest class in which they held status and in which there is a vacancy prior to the appointment of individuals who have been laid off. Page 47 8.7.2. Right to Re-employment. Each person who has been laid off or demoted in lieu of a layoff from a position the person held, shall, in writing, be offered re -appointment in the same classification should a vacancy occur in the classification within two years after the layoff or demotion. Prior to being re-employed, the employee must pass a physical exam administered by a City appointed physician and must pass the background check administered by the City. 8.7.3. Time Limits. Should the person not accept the re -appointment within seven (7) calendar days after the date of the offer, or should the person decline or be unable to begin work within two weeks after the date of acceptance of the offer, the person shall be considered unavailable for employment, shall forfeit the right to re-employment and be removed from the re-employment list. 8.7.4. Availability. Whenever a person is unavailable for re-employment, the next senior person who is eligible on the re-employment list shall be offered re-employment. 8.7.5. Probationary Status. Employees re -appointed under the provisions above will not be required to complete a new probationary period if they had previously held permanent status in the classification. Employees who had not completed their probationary period shall serve the remainder of the probationary period upon re -appointment. 8.7.6. Restoration of Benefits. Employees restored to previously held positions shall be deemed to have returned from a leave of absence for the purpose of all rights and benefits legally permissible. Time not on the payroll will not count as time worked for the purposes of seniority accrual. Page 48 a // 2, /n� Dated I S.E.I.U. Local 9 rK" is r�ga� - E utive Director Employee Representatives: SteveEgger -L�- Victor Gasser Forsythe Eric Kruse &Z4 Carolyn _n aro Panichel David Mau irk Wright CITY OF SAN RAFAEL (2� o- v.— - Donna Williamson Liebert Cassidy and Whitmore Lead Negotiator Nancy Mackie Interim Assisi t City Manager SEIU 949 Miscellaneous & Supervisory Units MOU Exhibits July 1, 2006 through June 30, 2009 Exhibit "A": Exhibit "B" Exhibit "C" January 1, 2007 July 1, 2007 July 1, 2008 Salary Schedule Salary Schedule Salary Schedule Exhibit "D" Job Class Benchmark Linkage SEIU 949 SALARY SCHEDULE AS OF JANUARY 1, 2007 4% Salary Group Grade Position A B C D E SEIU 7241 ACCOUNTANT -1- $4,445 $4,668 $4,900 $5,146 $5,403 SEIU 7240 ACCOUNTANT II $4,671 $4,905 $5,150 $5,407 $5,677 SEW 17200 ACCOUNTING ASSISTANT $3,225 $3,385 $3,555 $3,733 $3,919 SEIU 17201 ACCOUNTING ASSISTANT II 1$3,556 $3,734 $3,921 $4,117 $4,322 SEIU 17205 1ADMIN ANALYST 1$4,436 1$4,657 1$4,890 1$5,134 $5,391 SEIU 17211 1ADMIN ASSISTANT 1 1$3,509 1$3,684 1$3,869 1$4,061 1$4,264 SEIU 17212 1ADMIN ASSISTANT II 1$3,871 $4,064 1$4,267 1$4,480 1$4,704 SEIU 17213 1ADMIN ASSISTANT III 1$4,169 ,$4,378 1$4,597 1$4,828 1$5,068 SEIU 7214 1ADMIN ASSISTANT IV 1$4,383 1$4,601 1$4,831 1$5,072 1$5,326 SEIU 17216 1ADMIN ASSISTANT TO THE CC 1$4,169 1$4,378 1$4,597 1$4,828 1$5,068 SEIU 17210 1ASSISTANT PLANNER 1$5,018 1$5,269 1$5,532 1$5,808 1$6,099 SEIU 17208 1ASSOCIATE PLANNER 1$5,539 1$5,816 1$6,107 1$6,413 1$6,732 SEIU 17217 1BUILDING INSPECTOR 1 1$4,546 1$4,773 1$5,012 1$5,263 $5,526 SEIU 17218 1BUILDING INSPECTOR II 1$5,018 1$5,269 1$5,532 1$5,808 1$6,099 SEIU 7475 1BUILDING TECHNICIAN 1 1$3,921 1$4,116 1$4,322 1$4,539 1$4,764 SEIU '7220 1BUSINESS LICENSE EXAMINER 1$3,737 1$3,924 1$4,120 1$4,326 1$4,542 SEIU 17221 1CHILD CARE BOOKKEEPER 1 1$3,225 1$3,385 1$3,555 1$3,733 1$3,919 SEIU 17262 1CHILD CARE BOOKKEEPER II $3,556 1$3,734 1$3,921 1$4,117 1$4,322 SEIU 17222 CODE ENFORCEMENT OFFICIAL I 1$3,640 1$3,822 1$4,013 1$4,214 1$4,425 SEIU 17223 'CODE ENFORCEMENT OFFICIAL II 1$4,018 1$4,219 1$4,429 1$4,651 1$4,884 SEIU 17380 (CODE ENFORCEMENT OFFICIAL III 1$4,546 1$4,773 1$5,012 1$5,263 1$5,526 SEIU 17224 1CUSTODIAN $3,312 1$3,478 1$3,650 1$3,834 1$4,025 SEIU 17225 1CUSTOMER SERVICE CLERK 1$3,225 $3,385 1$3,555$3,733 1$3,919 SEIU 17226 1DEPUTY CITY CLERK 1$4,274 1$4,489 1$4,712 1$4,948 $5,196 SEIU 7231 17232 1EQUIPMENT SERVICE ATTENDANT 1$3,654 1$3,837 $4,028 1$5,824 1$4,230 $4,441 SEIU 1FACILITY REPAIR SUPERVISOR 1$5,283 1$5,547 1$6,115 $6,421 SEIU. 17291 1FACILITY REPAIR WORKER 1 1$3,744 1$3,931 1$4,128 1$4,334 1$4,550 SEIU 17233 1FACILITY REPAIR WORKER II 1$4,131 1$4,337 1$4,554 1$4,782 1$5,020 SEIU 1 1FIRE PLANS EXAMINER 1$6,054 1$6,356 1$6,674 1$7,008 1$7,358 Exhibit A (Page 1 of 3) SEIU 949 SALARY SCHEDULE AS OF JANUARY 1, 2007 4% Salary Group Grade Position A B C D E SEIU FIRE PREVENTION INSPECTOR 1 $4,914 $5,159 $5,417 $5,688 $5,973 SEIU 7107 FIRE PREVENTION INSPECTOR II $5,504 $5,778 $6,067 $6,371 $6,689 SEIU 17237 GIS ANALYST $5,125 $5,423 $5,651 $5,934 $6,231 SEIU 17276 GIS TECHNICIAN 1$3,732 1$3,919 $4,113 $4,319 $4,535 SEIU 17271 IGROUNDS SUPERVISOR 1$5,028 1$5,280 1$5,543 $5,822 $6,112 SEIU 17236 IGROUNDSWORKER 1 1$3,478 1$3,651 1$3,836 1$4,026 $4,228 SEIU 17238 IGROUNDSWORKER If 1$3,838 1$4,030 1$4,231 1$4,443 1$4,664 SEIU 17239 IGROUNDSWORKER III 1$4,234 1$4,446 1$4,668 1$4,900 SEIU 17243 LIBRARIAN 1 1$4,326 1$4,544 1$4,770 1$5,009 1$5,146 $5,259 SEIU 17244 ILIBRARIAN II 1$4,546 1$4,773 1$5,012 1$5,266 1$5,526 SEIU 17246 ILIBRARY ASSISTANT 1 1$2,843 1$2,987 1$3,136 1$3,292 1$3,457 SEIU 17247 ILIBRARY ASSISTANT II 1$3,218 1$3,379 1$3,547 1$3,724 1$3,911 LIBRARY CIRCULATION SEIU 17248 SUPERVISOR 1$4,118 $4,324 1$4,541 1$4,768 1$5,007 SEIU 17292 LITERACY PROGRAM SUPERVISOR 1$5,018 $5,269 1$5,532 1$5,808 1$6,099 SEIU 17249 1MAIL & STORES CLERK 1$3,030 1$3,180 1$3,339 1$3,506 1$3,682 SEIU 17255 INETWORKANALYST 1$5,125 1$5,423 1$5,651 1$5,934 1$6,231 SEIU 7274 INETWORK SUPPORT TECHNICIAN 1$3,921 1$4,116 1$4,322 1$4,539 1$4,764 SEIU 7285 17284 1OFFICE ASSISTANT 1 1$2,885 1$3,028 1$3,179 1$3,338 1$3,505 SEIU 1OFFICE ASSISTANT II 1$3,260 1$3,424 1$3,594 1$3,774 1$3,962 SEIU 17256 SPARK EQUIPMENT MECHANIC 1$4,340 1$4,556 1$4,784 1$5,023 1$5,274 SEIU 17257 SPARKING ATTENDANT 1 1$1,643 1$1,724 1$1,811 1$1,901 1$1,996 SEIU 17275 SPARKING ATTENDANT II 1$1,812 $1,901 1$1,996 1$2,096 1$2,201 SEIU 16208 IPARKING ENFORCEMENT OFFICER $4,208 $4,400 1$4,605 1$4,806 1$5,033 SEIU 1 PARKING EQUIPMENT TECHNICIAN $3,838 $4,030 1$4,231 1$4,443 1$4,664 PARKING MAINTENANCE & SEIU 16209 COLLECTIONS $3,838 1$4,030 1$4,231 1$4,443 1$4,664 17254 PARKING (TECHNICIAN TER REPAIR SEIU $3,838 1$4,030 1$4,231 1$4,443 1$4,664 PARKING TIONS SEIU 16211 ISUPERVI OR $4,383 1$3,478 1$4,601 1$4,831 1$5,072 1$5,326 SEIU 17258 1PARKS AND GRAFFITI WORKER 1$3,651 1$3,836 1$4,026 1$4,228 SEIU 17203 1PAYROLL TECHNICIAN 1$4,557 1$4,785 1$5,024 1$5,276 1$5,539 SEIU 17261 IPLANNING TECHNICIAN 1$3,921 1$4,116 1$4,322 1$4,539 1$4,764 Exhibit A (Page 2 of 3) SEIU 949 SALARY SCHEDULE AS OF JANUARY 1, 2007 4% Salary Group Grade Position A B C D E SEIU 7235 PRINT SHOP SUPERVISOR $4,605 $4,836 $5,077 $5,330 $5,597 SEIU 7234 PRINTING PRESS OPERATOR $3,777 $3,966 $4,164 $4,373 $4,591 SEIU 17272 1PROGRAMMER ANALYST 1 1$4,659 $4,892 $5,138 $5,394 $5,664 SEIU 7273 PROGRAMMER ANALYST II 1$5,144 $5,401 1$5,670 1$5,954 1$6,251 SEIU 17253 PUBLIC WORKS INSPECTOR 1$4,819 1$5,061 1$5,312 1$5,579 1$5,857 17259 RECREATION (SUPERVISOR CENTER SEIU 1$4,118 ($4,324 1$4,541 1$4,768 1$5,007 SEIU 17263 IREVENUE SUPERVISOR 1$5,684 ($5,969 1$6,580 x$6,911 SEIU 12309 SENIOR BUILDING INSPECTOR 1$5,954 $6,251 1$6,267 $6,564 1$6,892 1$7,237 SEIU 17219 ISENIOR BUILDING TECHNICIAN 1$4,546 '$4,773 1$5,012 1$5,263 1$5,526 SEIU 17265 ISENIOR LIBRARY ASSISTANT 1$3,381 1$3,548 1$3,726 1$3,914 1$4,109 SEIU 17264 ISENIOR PLANNER 1$6,267 1$6,580 1$6,909 1$7,254 1$7,618 SEIU 17266 ISEWER MAINTENANCE WORKER 1 1$3,933 $4,130 1$4,336 1$4,553 1$4,780 SEIU 7267 ISEWER MAINTENANCE WORKER II 1$4,234 $4,446 1$4,668 1$4,900 1$5,146 SEIU 7268 (SEWER MAINTENANCE WORKER III 1$4,673 1$4,906 1$5,152 1$5,409 1$5,678 SEIU 7281 ISEWERS SUPERVISOR 1$5,283 1$5,547 1$5,824 1$6,115 $6,421 SEIU 17269 ISHOP & EQUIPMENT SUPERVISOR 1$5,154 1$5,412 1$5,683 1$5,966 1$6,265 STREET I SEIU 17209 SUPERVISORMAINTENANCE 1$5,283 1$5,547 1$5,824 1$6,115 1$6,421 SEIU 17250 (STREET MAINTENANCE WORKER 1 1$3,654 1$3,837 1$4,028 1$4,230 1$4,441 SEIU 17251 (STREET MAINTENANCE WORKER II 1$3,838 1$4,030 1$4,231 1$4,443 1$4,664 SEIU 17252 (STREET MAINTENANCE WORKER III 1$4,234 1$4,446 1$4,668 1$4,900 1$5,146 SUPERVISINBUILDING SEIU 17279 1 INSPECTORG 1$5,273 1$5,535 1$5,813 1$6,104 1$6,407 SEIU 7245 ISUPERVISING LIBRARIAN 1$5,018 1$5,269 1$5,532 1$5,808 1$6,099 18523 SUPERVISING PARKING 1ENFORCEMENT SEIU OFFICER 1$4,734 1$4,950 1$5,180 1$5,407 1$5,661 SUPERVSING STREET I SEIU 17280 MAIN ENIANCE WORKER 1$4,447 $4,670 1$4,904 1$5,148 1$5,405 17288 ISUPERVISINGVEHICLE EQUIPMENTI SEIU MECANC $4,673 $4,906 1$5,152 1$5,409 1$5,678 SEIU 17283 ISWEEPER OPERATOR 1$4,031 1$4,232 1$4,444 1$4,665 1$4,898 SEIU 17286 (VEHICLE EQUIPMENT MECHANIC 1 1$3,933 1$4,130 1$4,336 1$4,553 $4,780 SEIU 17287 (VEHICLE EQUIPMENT MECHANIC II 1$4,340 ($4,556 $4,784 1$5,023 $5,274 17289 VOLUNTEER PROGRAM I SEIU COO DINATOR 1$3,825 1$4,015 $4,216 1$4,427 $4,649 1$4,550 SEIU 17290 IYARD CLERK/DISPATCHER 1$31744 1$3,931 1$41128 1$4,334 Exhibit A (Page 3 of 3) SEIU 949 SALARY SCHEDULE AS OF JULY 1, 2007 2.7% Salary Group Grade Position A B C D E SEIU 7241 ACCOUNTANT 1 $4,565 $4,794 $5,033 $5,285 $5,549 SEIU 7240 ACCOUNTANT II $4,797 $5,037 $5,289 $5,553 $5,831 SEIU 7200 ACCOUNTING ASSISTANT $3,312 $3,477 $3,651 $3,833 $4,025 SEIU 17201 ACCOUNTING ASSISTANT II $3,652 1$3,834 $4,027 $4,229 $4,439 SEIU 17205 JADMIN ANALYST 1$4,555 1$4,783 1$5,022 1$5,273 1$5,537 SEIU 7211 JADMIN ASSISTANT 1 1$3,604 1$3,783$3,973 1$4,171 1$4,379 JSEIU 17212 JADMIN ASSISTANT II 1$3,975 1$4,174 '$4,382 1$4,601 1$4,831 jSEIU 17213 JADMIN ASSISTANT III 1$4,282 1$4,497 1$4,721 1$4,958 1$5,205 SEIU 17214 JADMIN ASSISTANT IV 1$4,501 1$4,725 $4,961 1$5,209 1$5,470 SEIU 17216 JADMIN ASSISTANT TO THE CC 1$4,282 1$4,497 1$4,721 1$4,958 1$5,205 SEIU 17210 JASSISTANT PLANNER 1$5,153 1$5,411 1$5,681 1$5,965 1$6,263 SEIU 17208 JASSOCIATE PLANNER 1$5,689 1$5,973 1$6,272 1$6,586 1$6,914 SEIU 17217 IBUILDING INSPECTOR 1 1$4,669 1$4,901 1$5,147 1$5,406 SEIU 17218 BUILDING INSPECTOR II !$5,153 $5,411 $5,681 1$5,965 1$5,675 $6,263 ,SEIU 17475 1BUILDING TECHNICIAN 1 1$4,027 '$4,227 '$4,439 1$4,661 1$4,893 SEIU 17220 IBUSINESS LICENSE EXAMINER 1$3,838 1$4,030 1$4,232 1$4,443 $4,664 SEIU 17221 ICHILD CARE BOOKKEEPER 1 $3,312 1$3,477 1$3,651 1$3,833 1$4,025 SEIU 17262 ICHILD CARE BOOKKEEPER II 1$3,652 $3,834 1$4,027 1$4,229 1$4,439 SEIU 17222 ICODE ENFORCEMENT OFFICIAL 1 1$3,738 1$3,925 1$4,122 1$4,328 1$4,545 SEIU 17223 ICODE ENFORCEMENT OFFICIAL II 1$4,126 1$4,333 1$4,549 1$4,776 $5,016 SEIU 17380 (CODE ENFORCEMENT OFFICIAL III 1$4,669 1$4,901 $5,147 1$3,749 1$5,406 1$5,675 SEIU 7224 ICUSTODIAN 1$3,402 1$3,572 1$3,938 1$4,133 SEIU '7225 ICUSTOMER SERVICE CLERK 1$3,312 1$3,477 1$3,651 1$3,833 1$4,025 SEIU 17226 DEPUTY CITY CLE�,,�. 1$4,390 1$4,610 1$4,839 1$5,082 1$5,336 SEIU 17231 EQUIPMENT SERVICE ATTENDANT 1$3,752 1$3,940 1$4,137 1$4,344 1$4,561 SEIU 17232 FACILITY REPAIR SUPERVISOR 1$5,426 1$5,697 1$5,981 1$6,280 1$6,594 SEIU 17291 1FACILITY REPAIR WORKER 1 1$3,845 1$4,037 1$4,239 1$4,451 $4,673 SEIU 17233 1FACILITY REPAIR WORKER II 1$4,242 1$4,454 1$4,677 '$5,156 SEIU I (FIRE PLANS EXAMINER 1$6,217 1$6,528 1$6,854 1$4,911 $7,197 1$7,557 Exhibit B (Page 1 of 3) SEIU 949 SALARY SCHEDULE AS OF JULY 1, 2007 2.7% Salary Group Grade Position A B C D E SEIU FIRE PREVENTION INSPECTOR 1 $5,047 $5,299 $5,564 $5,841 $6,134 SEIU 7107 FIRE PREVENTION INSPECTOR II $5,652 $5,934 $6,231 $6,543 $6,870 SEIU 7237 GIS ANALYST $5,263 $5,569 $5,804 $6,094 $6,399 SEIU 7276 IGIS TECHNICIAN 1$3,832 1$4,025 $4,224 $4,436 $4,658 SEIU 7271 IGROUNDS SUPERVISOR 1$5,164 1$5,423 $5,693 1$5,979 $6,277 SEIU '7236 1 1$3,572 1$3,750 x$3,939 1$4,135 1$4,342 SEIU 7238 IGROUNDSWORKER GROUNDSWORKER II 1$3,941 1$4,139 1$4,345 $4,563 1$4,790 SEIU '7239 III 1$4,348 1$4,566 1$4,794 '$5,033 $5,285 SEIU 17243 IGROUNDSWORKER LIBRARIAN 1 1$4,443 1$4,666 1$4,899 1$5,144 '$5,401 SEIU 17244 LIBRARIAN II 1$4,669 1$4,901 1$5,147 1$5,408 1$5,675 SEIU 17246 'LIBRARY ASSISTANT 1 1$2,920 1$3,068 1$3,220 1$3,380 1$3,550 SEIU 17247 ILIBRARY ASSISTANT II 1$3,305 1$3,470 1$3,643 1$3,825 1$4,017 LIBRY CIRCULATION SEIU 17248 SUPER ISOR 1$4,230 1$4,441 1$4,663 1$4,897 1$5,142 SEIU 17292 LITERACY PROGRAM SUPERVISOR 1$5,153 1$5,411 1$5,681 1$5,965 1$6,263 SEIU 7249 EMAIL & STORES CLERK 1$3,111 1$3,266 1$3,430 1$3,600 1$3,781 SEIU 17255 IN ETWORK ANALYST 1$5,263 1$5,569 1$5,804 1$6,094 1$6,399 SEIU 17274 1NETWORK SUPPORT TECHNICIAN 1$4,027 1$4,227 1$4,439 1$4,661 1$4,893 SEIU 17285 IOFFICE ASSISTANT 1 1$2,963 1$3,110 $3,265 1$3,429 1$3,599 SEIU 7284 1OFFICE ASSISTANT II 1$3,348 $3,516 1$3,691 1$3,876 1$4,069 SEIU '7256 SPARK EQUIPMENT MECHANIC 1$4,457 '$4,679 $4,913 1$5,416 SEIU 17257 1PARKING ATTENDANT 1 1$1,688 1$1,771 '$1,860 1$5,159 $1,952 SEIU 17275 SPARKING ATTENDANT II 1$1,861 1$1,952 1$2,050 1$2,152 1$2,050 $2,260 SEIU 6208 (PARKING ENFORCEMENT OFFICER 1$4,321 1$4,519 1$4,729 1$4,936 1$5,168 SEIU 1PARKING EQUIPMENT TECHNICIAN 1$3,941 1$4,139 1$4,345 1$4,563 1$4,790 ARKING MAIN TENANCE & SEIU 16209 ICOLLECTIONS 1$3,941 $4,139 1$4,345 1$4,563 1$4,790 PARKING TER REPAIR 1$3,941 1$4,563 SEIU 7254 (TECHNICIAN $4,139 1$4,345 1$4,790 PARKING TIONS SEIU 6211 ISUPERVISOR 1$4,501 1$4,725 1$4,961 1$5,209 $5,470 1$4,342 SEIU 17258 SPARKS AND GRAFFITI WORKER 1$3,572 1$3,750 1$3,939 1$4,135 SEIU 17203 IPAYROLL TECHNICIAN 1$4,680 1$4,914 1$5,160 1$5,418 1$5,689 SEIU 17261 1PLANNING TECHNICIAN 1$4,027 1$4,227 1$4,439 [$4,661 1$4,893 Exhibit B (Page 2 of 3) SEIU 949 SALARY SCHEDULE AS OF JULY 1, 2007 2.7% Salary Group Grade Position_ A B C D E SEIU 7235 PRINT SHOP SUPERVISOR $4,729 $4,967 $5,214 $5,474 $5,748 SEIU 7234 PRINTING PRESS OPERATOR $3,879 $4,073 $4,277 $4,491 $4,715 SEIU 7272 PROGRAMMER ANALYST 1 $4,785 $5,024 $5,276 $5,540 $5,817 SEIU 7273 PROGRAMMER ANALYST II $5,283 $5,547 $5,823 1$6,115 $6,420 SEIU 17253 IPUBLIC WORKS INSPECTOR 1$4,949 1$5,197 1$5,456 1$5,729 $6,015 SEIU 17259 (RECREATION CENTER SUPERVISORI$4,230 1$4,441 1$4,663 1$4,897 1$5,142 SEIU 7263 REVENUE SUPERVISOR 1$5,837 1$6,130 1$6,436 1$6,758 1$7,097 SEIU 12309 (SENIOR BUILDING INSPECTOR $6,115 1$6,420 1$6,742 1$7,078 1$7,433 SEIU 17219 ISENIOR BUILDING TECHNICIAN 1$4,669 1$4,901 1$5,147 1$5,406 1$5,675 SEIU 17265 ISENIOR LIBRARY ASSISTANT 1$3,472 1$3,644 1$3,827 1$4,019 1$4,220 SEIU 17264 ISENIOR PLANNER 1$6,436 1$6,758 1$7,095 1$7,450 1$7,824 SEIU 17266 (SEWER MAINTENANCE WORKER 1 1$4,039 1$4,241 1$4,453 1$4,676 1$4,909 SEIU 17267 (SEWER MAINTENANCE WORKER II 1$4,348 1$4,566 1$4,794 1$5,033 1$5,285 SEIU 7268 17281 SEWER MAINTENANCE WORKER III 1$4,799 1$5,038 1$5,291 1$5,555 1$5,832 SEIU SEWERS SUPERVISOR 1$5,426 1$5,697 $5,981 1$6,280 SEIU 17269 (SHOP & EQUIPMENT SUPERVISOR 1$5,293 1$5,558 1$5,836 1$6,128 1$6,594 $6,434 STREET MAINTENANCE SEIU 7209 ISUPERVISOR 1$5,426 1$5,697 1$5,981 1$6,280 1$6,594 SEIU 7250 ISTREET MAINTENANCE WORKER 1 1$3,752 1$3,940 1$4,137 1$4,344 ($4,561 SEIU 17251 ISTREET MAINTENANCE WORKER II 1$3,941 1$4,139 1$4,345 $4,563 1$4,790 SEIU 17252 (STREET MAINTENANCE WORKER III 1$4,348 1$4,566 1$4,794 $5,033 1$5,285 UPERVISIN G BUILDING SEIU 17279 1 INSPECTOR 1$5,415 $5,684 1$5,411 1$5,969 1$6,269 1$6,580 SEIU 17245 SUPERVISING LIBRARIAN 1$5,153 1$5,681 1$5,965 1$6,263 I SUPERVISING NG 1$5,320 SEIU 8523 ENFORCEMENT OFFICER 1$4,862 1$5,084 1$5,553 1$5,814 SUPERVISING STREET SEIU 7280 IMAINTENANCE WORKER 1$4,567 1$4,796 1$5,036 1$5,287 $5,551 VEHICLE EQUIPMENT 1$4,799 1$5,038 1$5,291 SEIU 17288 ISUPERVISING MECAN C $5,555 1$4,791 $5,832 SEIU 17283 SWEEPER OPERATOR 1$4,140 $4,346 1$4,564 1$5,031 SEIU 7286 (VEHICLE EQUIPMENT MECHANIC 1 1$4,039 1$4,241 1$4,453 1$4,676 1$4,909 SEIU 7287 IVEHICLE EQUIPMENT MECHANIC II 1$4,457 1$4,679 1$4,913 1$5,159 1$5,416 VOLUNTEER PROGRAM 1$3,928 1$4,124 1$4,774 SEIU 17289 ICOORDINATOR 1$4,330 1$4,547 SEIU 17290 IYARD CLERK/DISPATCHER 1$3,845 1$4,037 1$4,239 1$4,451 1$4,673 Exhibit B (Page 3 of 3) SEIU 949 SALARY SCHEDULE AS OF JULY 1, 2008 2.8% Salary Grour Grade Position A B C D E SEIU 7241 ACCOUNTANT I $4,693 $4,928 $5,174 $5,433 $5,704 SEIU 7240 ACCOUNTANT II $4,931 $5,178 $5,437 $5,708 $5,994 SEIU 17200 ACCOUNTING ASSISTANT 1$3,405 $3,574 $3,753 $3,941 $4,137 SEIU 17201 JACCOUNTING ASSISTANT II 1$3,754 $3,942 1$4,139 $4,347 $4,563 SEIU 7205 JADMIN ANALYST 1$4,683 1$4,917 1$5,163 $5,421 $5,692 SEIU 17211 JADMIN ASSISTANT 1 1$3,705 1$3,889 $4,085 1$4,288 $4,502 SEIU 17212 JADMIN ASSISTANT II 1$4,087 1$4,291 $4,505 1$4,730 1$4,966 SEIU 17213 JADMIN ASSISTANT III 1$4,402 1$4,623 $4,853 1$5,097 1$5,350 SEIU 17214 JADMIN ASSISTANT IV 1$4,627 1$4,857 $5,100 1$5,355 1$5,623 SEIU 17216 JADMIN ASSISTANT TO THE CC 1$4,402 1$4,623 1$4,853 1$5,097 1$5,350 SEIU 17210 JASSISTANT PLANNER 1$5,298 1$5,562 1$5,840 1$6,132 1$6,439 SEIU 17208 ASSOCIATE PLANNER 1$5,848 1$6,140 1$6,447 1$6,770 1$7,107 SEIU 17217 BUILDING INSPECTOR 1 1$4,799 1$5,039 1$5,291 1$5,557 1$5,834 SEIU 17218 BUILDING INSPECTOR II 1$5,298 1$5,562 1$5,840 1$6,132 1$6,439 SEIU 17475 BUILDING TECHNICIAN 1 1$4,139 1$4,346 1$4,563 1$4,792 1$5,030 SEIU 17220 BUSINESS LICENSE EXAMINER 1$3,945 1$4,143 1$4,350 1$4,568 1$4,795 SEIU 17221 ICHILD CARE BOOKKEEPER 1 1$3,405 1$3,574 1$3,753 1$3,941 1$4,137 SEIU 17262 ICHILD CARE BOOKKEEPER II 1$3,754 1$3,942 1$4,139 1$4,347 1$4,563 SEIU 17222 ICODE ENFORCEMENT OFFICIAL 1 1$3,843 1$4,035 1$4,237 1$4,449 1$4,672 SEIU 17223 ICODE ENFORCEMENT OFFICIAL II 1$4,242 1$4,455 1$4,676 1$4,910 1$5,156 SEIU 17380 (CODE ENFORCEMENT OFFICIAL III 1$4,799 $5039 1$3:672 $5,291 1$3,854 1$5,557 $5,834 1$4,249 SEIU 17224 CUSTODIAN !$3,497 $4,048 SEIU 17225 JCUSTOMER SERVICE CLERK 1$3,405 1$3,574 1$3,753 ,$3,941 1$4,137 SEIU 17226 (DEPUTY CITY CLERK 1$4,513 1$4,739 1$4,975 1$5,224 1$5,486 SEIU 7231 17232 1EQUIPMENT SERVICE ATTENDANT $3,857 1$5,578 1$4,050 1$4,253 $4,466 1$4,688 SEIU FACILITY REPAIR SUPERVISOR 1$5,857 1$6,149 $6,456 1$6,779 SEIU 17291 IFACILITY REPAIR WORKER 1 1$3,953 1$4,150 1$4,358 1$4,575 1$4,804 SEIU 17233 (FACILITY REPAIR WORKER II 1$4,361 1$4,579 1$4,808 1$5,049 1$5,300 SEIU I AFIRE PLANS EXAMINER 1$6,391 1$6,711 [$7,046 1$7,398 1$7,768 Exhibit C (Page 1 of 3) SEIU 949 SALARY SCHEDULE AS OF JULY 1, 2008 2.8% I Salary Grou Grade Position A B C D E SEIU FIRE PREVENTION INSPECTOR 1 $5,188 $5,447 $5,719 $6,005 $6,306 1$7,062 SEIU 17107 1FIRE PREVENTION INSPECTOR If $5,811 $6,100 $6,406 $6,726 SEIU 17237 1GIS ANALYST $5,411 1$5,725 $5,966 $6,265 1$6,578 SEIU 17276 1GIS TECHNICIAN 1$3,940 1$4,137 1$4,343 1$4,560 1$4,788 SEIU 7271 17236 1GROUNDS SUPERVISOR 1$5,309 1$5,574 1$5,852 1$6,147 1$6,453 SEIU 1GROUNDSWORKER 1 1$3,672 1$3,855 1$4,049 1$4,250 1$4,463 SEIU 17238 1GROUNDSWORKER II 1$4,052 1$4,255 1$4,467 1$4,691 1$4,924 SEIU 17239 1GROUNDSWORKER III 1$4,470 1$4,694 1$4,928 1$5,174 1$5,433 SEIU 17243 1LIBRARIAN 1 1$4,568 1$4,797 1$5,036 1$5,288 1$5,553 SEIU 17244 1LIBRARIAN II 1$4,799 1$5,039 1$5,291 1$5,559 1$5,834 SEIU 17246 1LIBRARY ASSISTANT 1 1$3,002 1$3,153 1$3,310 1$3,475 1$3,650 SEIU 17247 1LIBRARY ASSISTANT II 1$3,397 1$3,567 1$3,745 1$3,932 1$4,130 17248 LIBRARY CIRCULATION (SUPERVISOR SEIU $4,348 1$4,565 $4,794 1$5,034 ($5,286 SEIU 17292 ILITERACY PROGRAM SUPERVISOR $5,298 1$5,562 $5,840 1$6,132 1$6,439 SEIU 17249 (MAIL & STORES CLERK 1$3,198 1$3,358 1$3,526 1$3,701$3,887 SEIU 17255 INETWORKANALYST 1$5,411 1$5,725 $5,966 1$6,265 '$6,578 SEIU 17274 (NETWORK SUPPORT TECHNICIAN 1$4,139 1$4,346 1$4,563 1$4,792 1$5,030 SEIU 17285 1OFFICE ASSISTANT 1 1$3,046 1$3,197 1$3,357 1$3,525 1$3,700 SEIU 17284 1OFFICE ASSISTANT II 1$3,442 1$3,615 1$3,795 1$3,985 1$4,183 SEIU 17256 1PARK EQUIPMENT MECHANIC 1$4,582 1$4,810 1$5,051 1$5,303 1$5,568 SEIU 17257 PARKING ATTENDANT 1 1$1,735 1$1,820$1,912 1$2,007 1$2,107 SEIU 7275 16208 PARKING ATTENDANT II 1$1,913 1$2,007 '$2,107 1$2,212 $2,323 SEIU PARKING ENFORCEMENT OFFICER 1$4,442 1$4,646 1$4,862 1$5,074 1$5,313 SEIU 1 IPARKING EQUIPMENT TECHNICIAN 1$4,052 1$4,255 $4,467 1$4,691 1$4,924 16209 IPARKINGMAINTENANCE & COLLECTONS 1$4, 1 , 1$4,691SEIU 1$4,924 17254 PARKING TER REPAIR I SEIU TECHNICIAN 1$4,052 1$4,255 1$4,467 1$4,691 $4,924 16211 PARKING TIONS I SEIU SUPERVI OR 1$4,627 1$4,857 1$5,100 1$5,355 $5,623 SEIU 17258 1PARKS AND GRAFFITI WORKER 1$3,672 1$3,855 1$4,049 1$4,250 1$4,463 SEIU 7203 17261 1PAYROLL TECHNICIAN 1$4,811 1$5,052 1$5,304 1$5,570 1$5,848 SEIU (PLANNING TECHNICIAN 1$41139 1$4,346 1$4,563 1$4,792 1$5,030 Exhibit C (Page 2 of 3) SEIU 949 SALARY SCHEDULE AS OF JULY 1, 2008 2.8% 1 Salary Grou Grade Position A B C D E SEIU 7235 PRINT SHOP SUPERVISOR $4,862 $5,106 $5,360 $5,627 $5,909 SEIU 7234 PRINTING PRESS OPERATOR $3,988 $4,187 $4,396 $4,617 $4,847 SEIU 7272 PROGRAMMER ANALYST 1 1$4,919 1$5,165 $5,424 1$5,695 $5,980 SEIU 17273 PROGRAMMER ANALYST II 1$5,431 1$5,702 $5,986 1$6,286 $6,600 SEIU 17253 1PUBLIC WORKS INSPECTOR 1$5,088 1$5,343 1$5,609 1$5,890 1$6,184 17259 CENTER I 1$4,565 SEIU SUPERV SION OR 1$4,348 1$4,794 1$5,034 1$5,286 SEIU 17263 1REVENUE SUPERVISOR 1$6,000 1$6,301 1$6,616 1$6,947 1$7,296 SEIU 12309 ISENIOR BUILDING INSPECTOR 1$6,286 $6,600 1$6,930 1$7,276 1$7,641 SEIU 17219 ISENIOR BUILDING TECHNICIAN 1$4,799 '$5,039 1$5,291 1$5,557 1$5,834 SEIU 17265 1SENIOR LIBRARY ASSISTANT 1$3,570 1$3,746 1$3,934 1$4,132 1$4,338 SEIU 17264 [SENIOR PLANNER 1$6,616 1$6,947 1$7,294 1$7,658 1$8,043 SEIU 17266 (SEWER MAINTENANCE WORKER 1 1$4,153 1$4,360 1$4,578 1$4,807 1$5,046 SEIU 17267 ISEWER MAINTENANCE WORKER II 1$4,470 $4,694 1$4,928 1$5,174 1$5,433 SEIU 17268 (SEWER MAINTENANCE WORKER III 1$4,933 $5,179 1$5,439 1$5,711 1$5,995 SEIU 17281 SEWERS SUPERVISOR 1$5,578 1$5,857 1$6,149 1$6,456 1$6,779 SEIU 17269 SHOP & EQUIPMENT SUPERVISOR 1$5,442 1$5,714 1$5,999 1$6,299 1$6,614 STREET SEIU 17209 ISUPERVISORTENANCE 1$5,578 1$5,857 1$6,149 1$6,456 1$6,779 SEIU 17250 ISTREET MAINTENANCE WORKER 1 1$3,857 1$4,050 1$4,253 1$4,466 1$4,688 SEIU 17251 (STREET MAINTENANCE WORKER II 1$4,052 1$4,255 1$4,467 1$4,691 1$4,924 SEIU 17252 (STREET MAINTENANCE WORKER III 1$4,470 1$4,694 1$4,928 $5,174 1$5,433 17279 SING BUILDING SUPERVSEIU 1 1$5,567 1$5,843 1$6,137 1$6,765 INSPECTOR $6,444 SEIU 17245 ISUPERVISING LIBRARIAN 1$5,298 1$51562 1$5,840 1$6,439 18523 SUPERVISING PARKING I 1$4,998 1$6,132 1$5,976 SEIU ENFORCEM NT OFFICER 1$5,226 $5,469 $5,708 17280 SUPERVSING STREET 1$4,695 SEIU IMAIN ENIAN E WORKER $4,930 $5,177 1$5,435 1$5,706 17288 ISUPERVISINGVEHICLE EQUIPMENTI 1$5,439 1$5,711 SEIU MECHANC $4,933 $5,179 $5,995 1$5,172 SEIU 17283 SWEEPER OPERATOR 1$41256 1$4,468 1$4,692 1$4,926 SEIU 17286 IVEHICLE EQUIPMENT MECHANIC 1 1$4,153 1$4,360 1$4,578 1$4.'807 1$5,046 SEIU 17287 VEHICLE EQUIPMENT MECHANIC II 1$4,582 1$4,810 1$5,051 1$5,303 1$5,568 17289 VOLUNTEER PROGRAM 1$4,038 1$4,674 SEIU COORDINATOR 1$4,239 1$4,451 1$4,908 SEIU 17290 IYARD CLERK/DISPATCHER 1$3,953 1$4,150 1$4,358 1$4,575 1$4,804 Exhibit C (Page 3 of 3) City of San Rafael SEIU 949 Classification/Compensation Summary: Benchmark Linkages MOU Exhibit "D" Current Benchmark A Accounting Assistant II B. I Associate Planner D Parking Enforcement Officer E. Library Assistant II Title Supervisor— Revenue Accountant II Payroll Technician Accountant Business License Examiner Accounting Assistant II Child Care Bookkeeper II Accounting Assistant I Child Care Bookkeeper I Customer Service Clerk I Senior Planner Fire Plans Examiner I Associate Planner I Fire Prevention Inspector II Supervising Inspector Programmer Analyst II I Assistant Planner Building Inspector II I Fire Prevention Inspector I I Programmer Analyst I Network Analyst I GIS Analyst I Building Inspector I I Code Enforcement Official III I Senior Building Technician I Administrative Analvst I Recreation Center Supervisor I Code Enforcement Official II Planning Technician I Network Support Technician I Building Technician I I Volunteer Proeram Coordinator I GIS Technician I Code Enforcement Official I Supervising Parking Enforcement Officer Parking Enforcement Officer Suvervisine Librarian Literacy Prom Supervisor Librarian II Librarian I Library Circulation Supervisor Senior Library Assistant Library Assistant II Library Assistant I Linkage Grade Levels from Benchmark +16 +11 +10 +9 +2 0 0 -4 -4 -4 +5 +4 0 -.5 -2 -3 -4 -4 -4.5 -7 -7 -7 -8 -8 -8 -9 -12 -13 -14 -12 -14 -15 -16 -17 +12.5 0 +18 +18 +14 +12 +10 +2 0 -5 Current Benchmark I Linkage Title Grade Levels from Benchmark Secretary or Administrative Assistant IV +5 Administrative Assistant II Administrative Assistant IV I +5 Deputy City Clerk +4 Administrative Assistant to the City Clerk I +3 Administrative Assistant III I +3 Administrative Assistant II 0 Printing Press Operator -1 Administrative Assistant I -4 Office Assistant II -7 Mail and Stores Clerk I -10 Office Assistant I I -12 Parking Attendant II I -21 Parking Attendant I -23 G I IStreet MaintenanceI I Supervisor —Street Maintenance I 0 Supervisor Supervisor — Sewers I 0 Supervisor — Facility Repair 0 Shop and Equipment Supervisor 0 Supervisor — Parks I 0 Supervising Vehicle/Equipment Mechanic I -5 Sewer Maintenance Worker III I -5 1 Supervising Street Maintenance Worker I -7 Parking Operations Supervisor I -7 Vehicle/Equipment Mechanic II I -8 Park Equipment Mechanic I -8 I I Street Maintenance Worker III I -9 Grounds Worker III I -9 Sewer Maintenance Worker 11 I -9 Facility Repair Worker II I -10 Sweeper Operator I -11 Vehicle/Equipment Mechanic I -12 Sewer Maintenance Worker I -12 I Grounds Worker II I -13 Parking Equipment Technician I -13 I Parking Maintenance & Collections I -13 Parking Meter Repair Technician I -13 Street Maintenance Worker II I -13 i Facilitv Renair Worker I I -14 Yard Clerk/nisnatcher I -14 Equipment Service At I -15 I Street Maintenance Worker I I -15 Park & Graffiti Worker I -17 Grounds Worked I -17 I Custodian I I I -19 **Bold Print for job class titles represents job classes in the Supervisory Unit. W:\Management Services- WorkFile\HR- WorkFile\Human Resources\MOU's 2006\MAPE\MOU Exhibit Benchmark Linkages Verl .doc