HomeMy WebLinkAboutCC Resolution 7219 (Supervisory Personnel)RESOLUTION NO. 7219
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL ADOPTING COMPENSATION
AND WORKING CONDITIONS FOR MISCELLANEOUS
SUPERVISORY PERSONNEL
WHEREAS, the City of San Rafael and Marin Association of
Public Employees - S.E.I.U. Local 949 - have met and conferred with
regard to wages, hours and working conditions in accordance with the
provisions of the Meyers-Milias-Brown Act; and
WHEREAS, a Memorandum of Understanding dated November 1,
1985, and consisting of nine pages and Exhibits A and B has been
executed by duly authorized representatives for both parties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of San Rafael as follows:
Section 1. From and after the date of adoption of this
Resolution, the City of San Rafael and the Marin Association of
Public Employees shall utilize the Memorandum of Understanding dated
November 1, 1985, as the official document of reference respecting
compensation and working conditions for Miscellaneous Supervisory
personnel.
Section 2. The schedules describing classes of positions
and salary ranges attached in Exhibits A and B to said Memorandum of
Understanding, together with the Memorandum of Understanding itself,
are hereby adopted and both shall be attached hereto and
incorporated in full.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was duly and regularly
introduced and adopted at a regular meeting of the Council of said
City the 4th day of November , 1985, by the following vote,
to wit:
AYES: COUNCILMEMBERS:Dreiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
JEf NSM. LEONCINI, City C erk
MEMORANDUM OF UNDERSTANDING
Supervisory Unit
MAPE - SEIU Local 949
WHEREAS, authorized representatives of the City of
SAN RAFAEL, a chartered city (hereinafter referred to as "City"),
and authorized representatives of the MARIN ASSOCIATION OF
PUBLIC EMPLOYEES - S.E.I.U.Local 949, the recognized employee
organization for classified Miscellaneous employees belonging to
the Supervisory Unit (hereinafter referred to as "Union"), have
met and conferred concerning wages, hours, and working conditions;
NOW, THEREFORE, IT IS AGREED that, pursuant to the
provisions of the Meyers-Milias-Brown Act, the matters set forth
in this Memorandum and attached Exhibits constitute the written
Memorandum of Understanding between the City and the Union and
shall apply to all employees represented by the Union.
IT IS FURTHER AGREED that this Memorandum of Under-
standing is subject to the approval of the San Rafael City Council.
DATED: November 1, 1985
MARIN ASSOCIATION OF PUBLIC EMPLOYEES
S.E.I.U. Local 949
By n ULA rii.i r�/�
BETT. RS
Senior Field Representative
CITY OF SAN RAFAEL
Byel
PAMELA J. qNIOWI&'
Assistant City Manager
TERM: This agreement shall be in effect from July 1, 1985 through
June 30, 1986.
Section 1. Salaries. Effective July 1, 1985, a salary
increase of five percent (5%) shall be paid to all employee's
covered by this resolution and shall be applied across the board
to all classifications, steps and ranges pursuant to Exhibit "A"
attached.
Effective January 1, 1986, the following classifications
shall receive salary increases as provided below:
Classification
Salary Increase
Administrative Secretary 5%
Secretary II 5%
Librarian I/II 3%
Librarian Assistant Supervisor 3%
Section 2. Insurance Program. Effective December 1,
1985, as an added fringe benefit, a maximum amount of Two Hundred
Twenty -Five Dollars ($225.00) per month will be contributed
towards the cost of each eligible employee's Health, Accident,
Life and Disability Insurance Package. Selection of coverage
must include the employee's basic health plan and $5,000 life
insurance policy offered by the City.
The difference between the allotted amount and the cost
of the individual's health and insurance plan costs will be paid
to the employee to a maximum of $50.00/month.
Any employee who retires after July 1, 1985, will be
entitled to a medical benefit, but the City's contribution will
not exceed the cost of the two party rate for the middle cost
medical plan.
- 1 -
Section 3. Retirement Contribution. The City agrees
to payment of employee's contribution to Marin County Retirement
System, up to a maximum of five percent (5%) of an employee's
salary or fifty percent (50%) of the employee's retirement
contribution rate, whichever is less.
Section 4. Dental Insurance. The City will provide
for a dental program which provides 100% coverage for diagnostic
and preventive care, $25.00 deductible on corrective care (80/20)
per patient/calendar year and orthodontic coverage (50/50).
Section 5. Uniform Allowance. Uniform members of
the Union shall receive a uniform allowance in the amount of
$142.50 at the completion of each six (6) months of service ending
June 30 and December 31. A proration at the rate of $23.75 per
month may be given for a portion of the first and last six months
of service upon recommendation of the Department Head and ap-
proval of the City Manager. The Uniform Allowance will cover
foul weather gear. Uniforms and gear shall be in accordance with
departmental dress code requirements.
A safety shoe allowance of $70 per year will be provided
to all Corporation Yard employees.
Section 6. Call -Back Duty Pay. When a supervisory
employee who is not assigned to stand-by is called back to duty,
said employee will receive compensation for a minimum of four (4)
hours.
Section 7. Use of City Vehicles. Public Works Super-
visors, at the direction of the Department Head, will be allowed
to take a City vehicle home in emergency conditions.
- 2 -
Section 8. Out -of -Class Compensation. Employees
assigned by their supervisor to perform work of a job of higher
classification for three (3) consecutive work days or more will
be compensated at an hourly rate 5% greater than the employees
current rate or the lowest step of the class within which the
duties fall, whichever is greater. The increase shall be retro-
active to include the first day.
Section 9. Compensation Time Policy. With the Depart-
ment Head's approval, compensation time, in lieu of overtime pay,
may be taken subject to the following rules:
(1) Upon accrual of five (5 ) days or forty (40 ) hours
of compensatory time, employees shall be paid over-
time at the rate of time and one-half of their
established rate for hours worked, and may not accrue
additional comp time.
(2) Employees who work overtime may be paid for it at
the rate of time and one-half or may take comp time
subject to the limitations in paragraph (1). But
employees who elect the comp time option must take
time off (preferably within the quarter during which
it is earned) and may not be paid for it.
(3) All comp time earned during the fiscal year must be
used by June 30 of that year with one exception.
Upon the recommendation of the supervisor and approval
of the Department Head, employees may "carry over" up
to forty (40) hours of comp time provided it is taken
as leave within the following quarter.
- 3 -
(4) Overtime earned will be paid off by June 30 each year.
(5) Supervisory personnel who cannot take a duty-free
lunch, based upon direction from either the department
head or division head, will be credited straight
compensatory time. Time off shall be subject to
the existing policies on compensatory time.
Section 10. Evaluation System. The City agrees to dis-
cuss with the Union objective criteria for the City's evaluation
system during the term of this Memorandum of Understanding.
Section 11. Safety Committee. The scope of the Safety
Committee is expanded to review, investigate and make recom-
mendations concerning environmental working conditions as they
affect health and safety.
Section 12. Prevailing Wage Survey. The City and Union
agree to survey prevailing wages of ten cities used in past two
Memoranda of Understanding for benchmark positions for data base
for negotiations beginning April 1986.
Section 13. Classification Review. The City shall con-
duct a classification review of the position of Purchasing Assis-
tant to be completed no later than January 1, 1986. If any
changes are merited, recommendations shall be submitted for City
Council approval no later than February 1, 1986, for implementation
effective January 1, 1986. The City shall discuss with the Union
its findings prior to taking final action.
Section 14. State Disability Insurance. Within 30
days following approval of this Memorandum of Understanding by
the City Council, the City shall implement appropriate deductions
from employees' paychecks for State Disability Insurance. State
Disability Insurance payments are to be integrated with paid
sick leave.
Section 15. Bereavement Leave. In the event of the
death of an employee's spouse, children, parents, brothers or
sisters, in-laws, relatives who live or have lived in the home to
such an extent that they are considered members of the immediate
family and/or other individuals who have a legal familial rela-
tionship to the employee and reside in the employee's household,
up to three (3) days within State and five (5) days out of state
will 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 relation-
ship and submit same to the Department Head when the leave request
is made.
Section 16. Work on Holiday. Insofar as practical,
management will make every effort to arrange work schedules so
that work on holidays is equally distributed.
Section 17. Sick Leave Bonus. Employees who currently
have twenty-four (24) days' accumulated sick leave and who earn
an additional twelve (12) days during the life of this contract
will receive either their birthday or a floating holiday as a
paid day off.
Section 18. Vacations. Employees will be permitted to
take earned vacation after six (6) months employment subject to
the approval of the Department Head.
- 5 -
Section 19. Sick Leave. Effective the first month
following approval of this Memorandum of Understanding by the
City Council, employees may use earned sick leave during the
probationary period. In addition, employees covered by this
Memorandum of Understanding can accumulate up to One Hundred
Sixty -Five (165) days of unused sick leave. This provision does
not modify the present policy pertaining to a limitation of
payment on unused sick leave.
Section 20. Maintenance of Membership. Employees in the
bargaining unit who are members of the Union on the date this
Memorandum of Understanding is executed shall remain members
during the period covered by this Agreement, except that such
employees may withdraw during a period not less than sixty (60)
days nor more than ninety (90) days prior to the expiration of
this Agreement, pursuant to Section b - Revocation.
a. Security Clause. An employee in any of the classes
represented by the Union, hired on or after
December 5, 1983, shall become a member, in good
standing, in the Union, except that said employee
may, within the first thirty (30) days of employment,
apply in writing to the City, with a copy to the
Union, for exemption, and such employee shall be so
exempted.
b. Revocation. An employee currently a member or who
becomes a member who desires to revoke his/her
authorization for Union membership shall notify the
Personnel Officer by mail of such revocation during
a period not less than sixty (60) nor more than
ninety (90) days prior to the expiration of this
Agreement.
It is understood that if an employee does not
revoke his/her authorization for Union membership
during the period specified above, dues shall
continue to be deducted from the employee's
earnings for the remaining term of this Agreement,
without further right to revocation.
Section 21. Grievance Procedure and Appeal Process.
Effective upon approval of this Memorandum of Understanding by
the City Council, the City's grievance procedure and appeal
process is revised to provide on a trial basis for term of this
Agreement a three person Board, one member to be selected by the
City, one member to be selected by the Union and the third member
to be selected by the other two members. This Board will hear
grievances and appeals as last step in procedure and make recom-
mendations to the City Council, whose decision is final.
Section 22. Inspection of Memorandum. Both the City
and the Union agree to keep duplicate originals of this Memoran-
dum on file in a readily accessible location available for
inspection by any employee or member of the public upon request.
Section 23. Existing Laws, Regulations and Policies.
This Memorandum is subject to all applicable laws.
Section 24. Strikes and Lockouts. During the term of
this Memorandum, the City agrees that it will not lock out em-
ployees, and the Union agrees that it will not agree to, encourage
OWc
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.
Section 25. Full Understanding, Modification, Waiver.
(1) The parties jointly represent to the City Council
that this Memorandum of Understanding sets forth the
full and entire understanding of the parties regarding
the matters set forth herein.
(2) Except as specifically otherwise provided herein,
it is agreed and understood that each party hereto
voluntarily and unqualifiedly waives its right, and
agrees that the other shall not be required, to meet
and confer with respect to any subject or matter
covered herein, nor as to wages or fringe benefits
during the period of the term of this Memorandum.
The foregoing shall not preclude the parties hereto
from meeting and conferring at any time during the
term of this Agreement with respect to any subject
matter within the scope of meeting and conferring by
mutual agreement.
Section 26. Severability. If any article, paragraph or
section of this Memorandum shall be held to be invalid by operation
of law, or by any tribunal of competent jurisdiction, or if com-
- 3 -
pliance with or any enforcement of any provision hereof be re-
strained by such tribunal, the remainder of this Memorandum shall
not be affected thereby, and the parties shall, if possible, enter
into meet -and -confer sessions for the sole purpose of arriving at
a mutually satisfactory replacement for such article, paragraph
or section.
Section 27. Prevailing Rights. All matters within the
scope of meeting and conferring which have previously been
adopted through rules, regulations, ordinance or resolution,
which are not specifically superseded by this Memorandum of
Understanding shall remain in full force and effect throughout
the term of this Agreement.
DATED: November 1, 1985
MARIN ASSOCIATION OF PUBLIC EMPLOYEES
S.E.I.U. Local 949
BY
BETH WINTERS
Senior Field Representative
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