HomeMy WebLinkAbout12-099 - Resolutions RESOLUTION NO. 12-099
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF RANCHO
CUCAMONGA AND THE SAN BERNARDINO PUBLIC
EMPLOYEES ASSOCIATION RELATIVE TO WAGES,
BENEFITS AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT FOR FISCAL YEARS 2012/13 AND 2013/14.
A. RECITALS
Representatives of the City of Rancho Cucamonga (City) and the San Bernardino Public
Employees Association (SBPEA) have met and conferred pursuant to the provisions of
the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with regard to
wages, benefits and other terms and conditions of employment.
Representatives of the City and SBPEA have agreed upon and presented to this City
Council a Memorandum of Understanding effective July 1, 2012 specifying the results of
said meet and confer process.
All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION
NOW THEREFORE, the City Council of the City of Rancho Cucamonga, California, does
hereby find, determine and resolve as follows:
1. In all respects, as set forth in the Recitals, Part A of this Resolution.
2. The attached Memorandum of Understanding entered into by and between City
and SBPEA for Fiscal Years 2012/13 and 2013/14 is hereby approved and ratified
by the City Council.
3. The City Clerk shall certify to the adoption of this resolution.
Please see the following page
for formal adoption,certification and signatures
PASSED, APPROVED, AND ADOPTED this 20th day of June 2012.
AYES: Alexander, Buquet, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
{ IOW2�z
L. ei i ael, Mayor
ATTEST:
1..
Jan ce C. Reynolds, City Clerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and
adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting
of said City Council held on the 20'" day of June 2012.
Executed this 21st day of June 2012, at Rancho Cucamonga, California.
P� 2
Jani&C. Reynolds, City Clerk
Resolution No. 12-099 - Page 2 of 17
MEMORANDUM OF UNDERSTANDING
CITY OF RANCHO CUCAMONGA
AND
SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION
2012-2014
Resolution No. 12-099 - Page 3 of 17
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA
AND THE
SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION (SBPEA)
SECTION 1: RECOGNITION
The City of Rancho Cucamonga recognizes the San Bernardino Public Employees
Association (SBPEA) as the recognized employee organization for City employees in the
Maintenance Bargaining Unit, comprised of the following classifications:
Maintenance Worker Senior Maintenance Worker
Lead Maintenance Worker Maintenance Coordinator
Mechanic Lead Mechanic
Equipment Operator Electrician
Signal and Lighting Coordinator Signal and Lighting Technician
Inventory Specialist
SECTION 2: COST OF LIVING ADJUSTMENT
There shall be no cost of living adjustment (0%) for the term of this agreement.
SECTION 3: SALARY STRUCTURE
All employees will be assigned to salary ranges which are no less than 20% (40 salary
code steps) below the control point and no more than 5% (10 salary code steps)above the
control point. Actual salary within the range is determined by performance, achievement of
goals and objectives, or for recent appointments, growth within the position.
SECTION 4: SALARY SURVEY
The City shall conduct a salary survey of labor market cities approximately six months
before the start of new labor negotiations for the next MOU.
SECTION 5: LIFE INSURANCE
The City provides $30,000.00 base coverage of life insurance for all employees.
Employees who want to purchase additional life insurance coverage with personal funds
may do so at the City's group rate.
SECTION 6: HEALTH INSURANCE
A. EMPLOYEES HIRED BEFORE JULY 1, 1994
The City shall provide employee and family health insurance for all existing full-
time continuous salaried employees within the bargaining group, subject to the
limitation that no such monthly funding by the City shall exceed the following:
$995.60
Resolution No. 12-099 - Page 4 of 17
B. EMPLOYEES HIRED AFTER JULY 1, 1994
The City shall provide employee and family health insurance for all full-time
continuous employees within the bargaining group who have been hired on or
after July 1, 1994, subject to the limitation that no such monthly funding by the
City shall exceed the following:
$700.00
C. CASH IN-LIEU PAYMENT
Effective July 1, 2010 represented employees who waive coverage under a City
paid medical insurance plan shall be eligible for a cash in-lieu payment in the
amount of $200 per month for single coverage or $300 per month for family
coverage. To be eligible an employee must provide proof of other medical
insurance coverage and must provide a signed waiver.
D. Reopener
In July, 2013, the parties agree that negotiations will reopen for the purposes of
discussing medical plans, benefit contributions and collapsing of the two (2) tiers.
Any new terms would be subject to mutual agreement. If no agreement is reached
to make changes, then the contributions as described in Sections A through C
above will remain in effect for the duration of this MOU.
SECTION 7: RETIREE MEDICAL
Subject to the conditions stated below, effective upon a service or disability retirement from
City service at or beyond age 55 with 10 consecutive years of City service at the time of
retirement, retirees shall be eligible to 100% personally fund, without any City contribution,
participation in a group health insurance program(s) which is making group health
insurance available to the City's retirees.
It is agreed and acknowledged by the parties to this MOU that no representation is or can
be made by the City, that such group retiree health insurance is available, or if available,
will remain available for any specific future period of time.
If no such group health insurance is reasonably available, or if the private carrier(s)
terminates such coverage as to the retiree group or any individual group member, the City
shall have no obligation/duty to self-fund or otherwise provide insurance or replacement
insurance.
All premiums for the retiree and/or eligible dependents shall be borne by the retiree. The
City shall advance and submit the necessary premiums to the carrier(s), subject to the
retiree reimbursing the City no later than 30 calendar days after City payment of the
premium. Failure to timely reimburse the City shall result in no further premium payments
being made by the City, resulting in termination of insurance coverage.
The City's duty to advance said premiums shall terminate at age 65 of the retiree,
regardless of whether or not the retiree is eligible for Medicare.
Resolution No. 12-099 - Page 5 of 17
City shall advise the group carrier of the insured's status as a retiree. Coverage eligibility
shall then be solely determined by the group insurance carrier(s). It is likely that premium
rates for retirees and/or dependents shall be greater than rates for employees.
Regardless, retirees shall pay 100% of said rates.
If at any time, it is determined by any group health insurance carrier that the City is
prohibited from seeking premium reimbursement from a retiree, City affiliation and retiree
enrollment in said group insurance plan shall immediately terminate upon rendering of the
insurance carrier's decision. In such case, no retiree shall seek reimbursement from the
City for any prior premiums paid by the retiree to the City as and for premium
reimbursement.
SECTION 8: DENTAL INSURANCE
The City shall provide a dental insurance plan for all full-time continuous salaried
employees within the bargaining unit. The City agrees to average the cost of dental
insurance for all full time continuous salaried employees within the bargaining unit .
SECTION 9: OPTICAL INSURANCE
The City shall provide an optical insurance plan for all full-time continuous salaried
employees within the bargaining unit. The City agrees to average the cost of optical
insurance for all full time continuous salaried employees within the bargaining unit.
SECTION 10: PREMIUM ONLY PLAN UNDER SECTION 125
A. The City has implemented a Section 125 (premium only plan) that allows pre-tax
payroll deductions for employee's contributions for health benefits.
B. The City agrees to provide technical assistance (such as automatic payroll
deduction, etc.) in the event employees within the bargaining unit decide to expand
this benefit from a "premium only plan" to a "flexible spending account" provided
that those participating pay all costs incurred in expanding and maintaining this
program.
SECTION 11: RETIREE HEALTH SAVINGS ACCOUNT
The City agrees that it shall provide information and allow to be established and
implemented, at no cost to the City, a voluntary form of Retiree Health Savings Account.
Actual establishment of the Health Savings Account requires the approval of the bargaining
unit.
SECTION 12: BEREAVEMENT LEAVE
When a death occurs in the family of a full time employee, the employee shall be granted
up to five (5) bereavement leave days with pay. A death certificate or other acceptable
Resolution No. 12-099 - Page 6 of 17
evidence may be required by the City Manager or designee before leave is allowed.
Family members are defined as follows: employee's spouse or domestic partner,
employee's parents, employee's grandparents, employee's children, employee's siblings,
or employee's grandchildren, employee's spouse or domestic partner's parents,
employee's spouse or domestic partner's grandparents, brother-in-law, sister-in-law,
employee's spouse or domestic partner's children, employee's spouses grandchildren, or
a blood relative residing with employee. The City Manager or designee shall approve such
bereavement leave. (References to domestic partner refer to registered domestic partners,
as defined by California Family Code Section 297).
SECTION 13: PERSONAL LEAVE
Employees within the bargaining unit can use up to 20 hours of accrued sick leave,
vacation, administrative leave or holiday time as personal leave. These 20 hours can be
used incrementally(i.e., 1 hour, 1/2 hour) throughout the fiscal year. Use of this time is for
situations requiring the employee's attention and needs to be cleared with their supervisor
when using this time. Personal leave can be taken after six months service.
SECTION 14: VACATION
All full-time employees within the bargaining unit shall, with continuous service, accrue
working hours of vacation monthly according to the following schedule. Vacation can be
taken after six months service.
Length of Service Hours Accrued Annual Hours
In Years Per Pay Period Accrued
1 3.077 80
2 3.461 90
3 3.846 100
4 4.230 110
5 4.615 120
6-8 5.000 130
9 5.384 140
10 5.769 150
11-13 6.153 160
14 6.538 170
15+ 6.923 180
SECTION 15: VACATION BUYBACK
Annually, at the employee's written request, the City will"buy back,"the total cash value of
up to 120 hours of previously earned vacation leave. This buy back shall occur twice
annually, in April and November. Employees must maintain a minimum of 40 hours of
accrued vacation subsequent to any payment of vacation buy back time. Employees who
wish to sell back vacation must request payment of not less than 20 hours and not more
than 120 hours in.a calendar year.
Resolution No. 12-099 - Page 7 of 17
SECTION 16: SICK LEAVE
Sick leave can be taken after six months service. All full-time employees within the
bargaining unit shall, with continuous service, accrue 120 hours of sick leave annually.
SECTION 17: SICK LEAVE BUYBACK
Employees within the bargaining unit who terminate their city employment after 5 years of
continuous service and have at least 50% of five years' sick leave accrued on the books
upon termination can sell 120 hours back to the City. If all City non-safety employee
groups agree to a PERS contract modification, and provided there are no one-time or
additional on-going implementation costs to the City, the City of Rancho Cucamonga will
amend its PERS retirement contracts to allow employees, upon retirement and at their
option, to apply up to 120 hours unused accumulated sick leave toward service credit for
retirement, in accordance with the Public Employees Retirement Law. Use of the 120
hours toward service credit for retirement will abrogate the employee's ability to receive
compensation for the 120 hours.
SECTION 18: HOLIDAYS
The City Offices shall observe the following fourteen (14) holidays. All full time continuous
salaried employees within the bargaining unit shall be compensated at their regular rate for
these days.
(') July 4 Independence Day
(Z) First Monday of September Labor Day
(3) November 11 Veteran's Day
(4) Last Thursday of November Thanksgiving Day
(5) Day following Thanksgiving
(6) December 24 Day preceding Christmas
(7) December 25 Christmas Day
(8) January1 New Years Day
(9) Third Monday of January Martin Luther King's Birthday
(t0) Third Monday of February President's Day
Last Monday of May Memorial Day
(12) Three discretionary days may be taken by an employee at his/her
convenience after six months service subject to approval of the department
head. Days may not be carried over from one fiscal year to the next.
Whenever a holiday falls on a Sunday, the following Monday shall be observed as a
holiday. Whenever a holiday falls on a Friday or Saturday, the preceding Thursday shall
be observed as the holiday. When a holiday combination occurs (Thanksgiving,
Christmas, etc)where two consecutive days are holidays and it would result in the City Hall
Resolution No. 12-099 - Page 8 of 17
being open to serve the public only 2 days during the week, only one of the holidays will be
observed and the other holiday will become a floating holiday. For example, for
Thanksgiving, Thursday will be observed as the regular holiday; however Friday will
become a floating holiday to be used at a later date. For Christmas, Wednesday will be
observed as the regular holiday; however Tuesday (the day preceding Christmas) will
become a floating holiday to be used at a later date. In the instance of Thanksgiving,
Christmas, or New Years, employees will have until June 30 to use those floating holidays
accrued between Thanksgiving and New Years. Also, those days will not accrue as
floating holidays until the actual holiday has occurred. Each year the City will designate
which days will be observed and which are floating holidays.
Employees within the bargaining unit who are eligible to bank a holiday have until June 30
(end of fiscal year) to use the banked holiday earned from July 1 through April 30. Any
holiday banked in May and June, employees have until September 30 to use the banked
holiday.
SECTION 19: HOLIDAY TIME
The City agrees that employees within the bargaining unit who are assigned to work on a
holiday, whether or not their regular shift assignment requires they work that day, are
eligible for pay at time and one-half for working that day. This time and one-half may be
taken as compensation or put in a compensatory time off bank (in effect, compensating at
double time and one-half). That rate of compensation is tallied as follows: the ten (10)
hours compensation for the holiday, plus compensation at time and one-half for the hours
actually worked. This payment at time and one-half abrogates the employee's right to that
holiday.
SECTION 20: PREMIUM HOLIDAY COMPENSATION
Bargaining unit employees required as part of the regular work assignment to work on
Christmas Day, New Years Day, Independence Day or Thanksgiving Day, are allowed to
observe the holiday on another day. Additionally, these employees who work on the
aforementioned designated holidays may selectto receive compensation on that holiday at
time and one-half for the ten hour shift or take a second holiday as time off at a later date.
SECTION 21: NATAL AND ADOPTION LEAVE
A. WITH PAY
Employees within the bargaining unit are granted up to 2 days natal and adoption
leave with pay for the birth or adoption of a child, however, use of the two paid days
does not extend any time charged under FMLA or CFRA. Any paid time required
beyond this initial 2 days must be charged to sick leave, vacation, compensatory or
floating holiday time.
B. WITHOUT PAY
The City shall provide employees within the bargaining unit up to four months
natal and adoption leave for the birth or adoption of a child; such leave shall be
pursuant to the provisions of the California Pregnancy Disability Act ("PDA";
Resolution No. 12-099 - Page 9 of 17
California Government Code Section 12945), if applicable. The City's PDA policy
is incorporated herein by reference. Employees on this leave of absence without
pay beyond the four-month period will be responsible for the payment of medical,
dental and optical premiums to keep the coverage in force during the leave of
absence.
SECTION 22: WORKERS COMPENSATION LEAVE
Any employee within the bargaining unit covered herein who is receiving disability
payments under the "Workers Compensation Act of California" for on-the-job injuries
sustained while engaged in the performance of duties of any such City position, shall
receive from the City during the first three months of such disability absence, payments in
an amount equal to the difference between the disability payments received under
Workers Compensation Act and the employee's full salary. Such payments by the City
should be made without any deduction from accrued sick leave benefits. The City's
obligation for such payments shall commence on the first (15) day of such disability
absence. In the event the employee's disability absence should exceed three months, an
employee shall be allowed to supplement the Workers Compensation benefit received
under State law with available accrued sick leave, accrued vacation leave, accrued
compensatory time. The total number of leave hours, along with the Workers
Compensation benefit, shall not exceed the employee's base pay for each day of the
leave. For this purpose, accrued leave hours can only be used in one-hour increments.
SECTION 23: MILITARY LEAVE
Employees within the bargaining unit required to serve military leave will be compensated
pursuant to the Military and Veterans Code. To qualify for compensation the military
orders must be submitted to the supervisor prior to their tour of duty and must be attached
to the timecard for that pay period.
SECTION 24: MILITARY SERVICE BUY BACK
Employees within the bargaining unit have the option for military service buy back at the
employee's expense.
SECTION 25: OVEf2TIME-MAINTENANCE BARGAINING UNIT
The City agrees that employees within the bargaining unit who are, due to health and
safety reasons, sent home to rest and to be available to work additional hours as a result
of a storm or impending emergency situation and are not subsequently recalled to work,
will be compensated for the hours not worked in that shift, due to them having been sent
home, to bring the total hours to 10 worked in that shift.
Employees within the bargaining unit who are subsequently recalled to work the storm or
emergency situation will work no more than 12 consecutive hours, due to health and safety
reasons. Any hours worked in excess of 10 in that 12 hour shift will be paid at time and
one-half, regardless of the total number of compensated hours for that work week.
Employees within the bargaining unit, who have already worked forty (40) hours in a work
week, may request time off in order to avoid payment of overtime. It is at the discretion of
Resolution No. 12-099 - Page 10 of 17
the supervisor to approve that request.
SECTION 26: ON CALL PAY
Employees within the bargaining unit required to be on call shall be compensated at the
rate of $235.00 per week.
SECTION 27: SAFETY FOOTWEAR
The City will provide up to $225.00 annually toward the purchase and/or replacement of
safety footwear as needed, at a city designated vendor for employees required to wear
safety footwear in the performance of their job duties.
SECTION 28: RETIREMENT BENEFIT
Represented employees shall be members of the California Public Employees Retirement
System (CaIPERS) and shall be provided the benefits as described below:
A. Employees Hired Before September 1, 2010
§ 21354.4 2.5% at 55 Full Formula
§ 21574 4th Level 1959 Survivor
§ 20042 1 Yr Final Compensation
City pays the normal eight percent (8%) CaIPERS member contribution per
Resolution 11-063.
Effective 7/1/13, employees shall pay one percentage point (1%) of the normal
CaIPERS employer contribution.
B. Employees Hired Between September 1, 2010 and July 3, 2011
§ 21354.4 2.5% at 55 Full Formula
§ 21574 4th Level 1959 Survivor
§ 20042 1 Yr Final Compensation
City pays seven percent (7%) of the normal CaIPERS member contribution;
employee pays one percentage point (1%)of the CaIPERS member contribution per
Resolution 11-063.
C. Employees Hired on or After July 4, 2011
§ 21354 2% @ 55 Full Formula
§ 21574 4th Level 1959 Survivor
§ 20037 3 Yr Final Compensation
City pays six percent (6%) of the normal CaIPERS member contribution; employee
pays one percentage point (1%) of the CaIPERS member contribution per
Resolution 11-063.
It is understood that all contributions paid by the employee as described above shall
be calculated based upon the full base salary of the employee, plus any additional
Resolution No. 12-099 - Page 11 of 17
PERSable compensation, and any Employer Paid Member Contributions (EPMC).
City shall adopt a resolution providing that all employee CalPERS contributions shall
be.deducted on a pre-tax basis to the extent permitted by law or IRS regulation. "
D. Impacts of Legislative Pension Changes: If, subsequent to the adoption of this
MOU, a State measure becomes law which requires employees to pay one
percentage point(1%) or more of their CaIPERS retirement Employer or Employee
Paid Member Contribution, the existing one percentage point (1%) payment of the
employer or employee share being paid by employees would be eliminated on the
effective date of such measure. Upon a request from the bargaining unit, the
parties will reopen negotiations solely for the purposes of considering new terms
related to the payment amount and method of CalPERS retirement contributions.
Any new terms would be subject to mutual agreement.
SECTION 29: TUITION REIMBURSEMENT FOR APPROVED COLLEGE AND UNIVERSITY COURSES
Effective July 1, 2006, (July 1 through and including the following June 30) reimbursements
by the City of the following enumerated college and/or university course expenses shall not
exceed two thousand three hundred dollars ($2,300.00) during any fiscal year.
Eligibility for said reimbursement in an amount not to exceed $2,300.00 in any one fiscal
year shall be contingent upon a determination by the employee's department head or his
designee that all of the following conditions precedent exists:
A. Expenses shall be incurred as regards coursework undertaken at a college or
university that is licensed/accredited by the State of California.
B. The applicant for reimbursement shall represent to the Personnel Department
documentation prepared by the accredited/licensed college or university which
evidences the applicant's receipt of a grade of"C" or"pass" in a pass/fail class. As
regards each class for which reimbursement is sought (where an employee is
simultaneously enrolled in multiple approved classes and does not receive a "C" or
"pass" in any one or more of such classes, the amount of expenses subject to City's
reimbursement shall be reduced and/or as appropriate, pro-rated to reflect no
reimbursement being made for expenses related to classes where the minimal
grade was not received).
C. Eligibility for reimbursement for said expenses shall be confined to either: 1) those
courses that in and of themselves consist of curriculum which is predominately
related to the development of skills reasonably anticipated by the City to enhance
the applicant's job performance (by means of a non-inclusive example only, art
classes would not qualify for reimbursement); or 2) where the employee has
declared a major that is job-related as set forth in this section C, to those classes
which must be completed as a condition precedent to successful completion of the
course of study in the selected major.
D. Eligibility for reimbursement upon completion of coursework shall be predicated
upon the employee's department head or his designee, making a written
determination prior to the affected employee's enrollment in the course(s)for which
Resolution No. 12-099 - Page 12 of 17
reimbursement is later sought, that the coursework is offered by an. accredited
college or university and that the above-described job nexus does exist. The
determination of the Department Head or his designee in such regard shall be final.
E. The costs which shall be subject to reimbursement are limited to the following: 1)
tuition, 2.) books, 3) supplies, 4) parking, and 5) laboratory. In addition to all other
conditions precedent to reimbursement set forth in this section, prior to
reimbursement being approved, written receipts shall be provided to the Personnel
Department and shall evidence each expenditure for which reimbursement is
sought.
SECTION 30: 4110 WORK WEEK
The City of Rancho Cucamonga, City Hall, operates on a 4/10 work week, hours lam to
6pm, Monday through Thursday. Bargaining Unit employees generally work from 6am to
4:30pm with a half-hour lunch. Actual days and times of work vary based on the hours of
operation at various facilities employees are assigned to.
SECTION 31: CARPOOL PROGRAM .
The City has implemented a well-defined, equitable, carpool program that eliminated the
previously provided time-off incentive with a financial incentive. The carpool program is
open to all full time regular employees. Participation is voluntary and employees interested
in participating shall file a Rideshare Application Agreement and comply with the
requirements of the program. The financial incentive for the program is $2.00 per day for
every day that the employee carpools. In addition to the daily financial incentive, the City
provides a monthly Rideshare Drawing for all carpool program participants that includes a
financial prize for the winner. If all employee groups agree to modify the Rideshare
Drawing to an end-of-the-year drawing, the City hereby agrees to increase the financial
incentive for SBPEA Bargaining Unit employees by an additional $.10 per day.
SECTION 32: BI-LINGUAL PAY
Employees within the bargaining unit who qualify for bi-lingual pay will be provided at
$50.00 per month.
SECTION 33: USE OF BULLETIN BOARDS
The City will furnish a portion of existing bulletin board space, located in bargaining unit
break areas where such bulletin boards currently exist for SBPEA notices. Such space will
be no less than 18" x 24". If insufficient bulletin board space exists in a bargaining unit
work or break area, the SBPEA may, after receiving approval in writing from the City, put
up a bulletin board not to exceed 18" x 24" depending on available space. Bulletin boards
shall only be used for the following notices:
➢ Scheduled SBPEA meetings, agenda and minutes.
➢ Information on SBPEA elections and the results.
➢ Information regarding SBPEA social, recreational and related news bulletins.
➢ Reports of official business of SBPEA, including negotiations, reports of committees
or the Board of Directors.
Resolution No. 12-099 - Page 13 of 17
City equipment, materials, or supplies shall not be used for the preparation, reproduction,
or distribution of notices, nor shall such notices be prepared by City employees during their
regular work time. Notices that are posted, distributed or placed in an employee's City
mailbox shall not be obscene, defamatory or of a political nature. All notices to be posted
must be dated and signed by an authorized representative of SBPEA.
SECTION 34: ACCESS TO WORK LOCATIONS
The parties recognize and agree that in order to maintain good employee relations; it is
necessary for Labor Relations Representatives and designated Shop Stewards of SBPEA
to confer with bargaining unit employees during working hours. Therefore, SBPEA Labor
Relations Representatives or Shop Stewards will be granted access to work locations
during regular working hours to investigate and process grievances or appeals. SBPEA
Labor Relations Representatives or Shop Stewards shall be granted access upon
obtaining advance authorization from the designated management representative prior to
entering a work location and after advising the City at least one business day in advance of
the requested access, of the general nature of the business. The designated management
representative may deny access or terminate access to work locations if, in theirjudgment,
it is deemed that the visit would interfere with the efficiency, safety, or security of City
operations. The designated management representative shall not unreasonably withhold
timely access to work locations. The City shall ensure that there is at all times someone
designated who shall have full authority to approve access. If a request is denied, the
designated management representative shall establish a mutually agreeable time for
access to the employee. SBPEA Labor Relations Representatives or Shop Stewards
granted access to work locations shall limit such visits to a reasonable period of time,
taking into consideration the nature 'of the grievance or appeal. The City shall not
unreasonably interfere with SBPEA's access right to work locations and any reasonable
denial of access shall not be subject to the grievance procedure.
SECTION 35: DUEs DEDUCTION
SBPEA membership dues and insurance premiums for plans sponsored by SBPEA,
provided such plans are not intended to replace City provided health plans, shall be
deducted by the City from the pay warrant of each employee covered hereby who files with
the City a written authorization, on a form approved by the City, requesting that such
deduction be made. Remittance of the aggregate amount of all membership dues
deducted from the pay warrants of employees covered hereby shall be made to SBPEA on
a regular basis consistent with the City's regular pay-periods. SBPEA dues shall be
deducted in an amount per bi-weekly pay period authorized by the SBPEA Board of
Directors. The City shall not be liable to SBPEA, employees, or any party by reason of the
requirements of this Article for the remittance of any sum other than those constituting
actual deductions made from employee wages earned. SBPEA shall hold the City
harmless for any and all claims, demands, suits, orders, judgments or other forms of
liability that may arise out of or by reason of action taken by the City under this Article.
SECTION 36: USE OF CITY RESOURCES
SBPEA may be granted permission to use any City facilities accessible to the general
public for meeting purposes, during the regular hours such space is accessible to the
public, provided space for such meetings can be made available without interfering with
Resolution No. 12-099 - Page 14 of 17
City needs and is otherwise not reserved by any other groups or individuals. SBPEA may
also be per to use the City Council Chambers, during regular business hours, for
SBPEA meetings, provided the City Council Chambers is not otherwise reserved.
Permission to use City facilities must be obtained by SBPEA from the appropriate
management representative. SBPEA shall be held fully responsible for any damages to,
and the security of, any City facilities that are used by SBPEA.
SECTION 37: ACTING PAYOUT OF CLASS PAY
The City agrees to formally implement as part of its Personnel Rules and Regulations, a
formal policy regarding Acting Pay/Out of Class.Pay that substantially complies with
existing and past practice in this regard, except that Acting Pay/Out of Class Pay will take
effect for SBPEA bargaining unit employees who assume responsibilities of a higher level
classification after 16 or more working days at the higher level classification.
SECTION 38: PARITY PROVISION
If, during the term of this Memorandum the City provides base salary increases to other
City/Fire District employees in amounts in excess of that provided to Maintenance
bargaining unit employees pursuant to this Memorandum, then said additional base salary
increases shall be implemented as to Maintenance bargaining unit employees in the payroll
period(s) for which said base salary increases were made effective for other City/Fire
District employees.
SECTION 39: FURLOUGHS
Fiscal Year 2012/13
Employees will be required to take thirty-five (35) hours of unpaid furlough during Fiscal
Year 2012/13. The number of furlough days will depend on the employee's regular work
schedule. Employees will have four options to complete the thirty-five (35) hour furlough
as outlined below, with the final, irrevocable decision to be made in writing. Once the City
has received in writing the decision by all employees regarding their preferred method of
meeting their furlough obligation, the City will provide a written Furlough Implementation
Schedule to the affected departments and to the negotiation team for each affected
employee group.
Furlough Options:
• Vacation Hours — The employee may elect to "give back" thirty-five (35) hours from
their accrued vacation leave bank to the City.
A. If an employee opts to give back vacation leave hours but does not have all thirty-
five (35) hours available, the City will permit the employee to accumulate the
additional hours through January 31, 2013. If the employee has not accumulated
sufficient vacation hours by January 31, 2013, then the employee must take the
balance of the thirty-five (35) hours as unpaid furlough hours during the period
February 2013 through July 31, 2013.
Resolution No. 12-099 - Page 15 of 17
B. Probationary employees who complete probation prior to May 31, 2013 and have .
elected, in advance, to have thirty-five (35) hours deducted from their accrued
vacation balance, shall have the deduction made at the conclusion of probation. If
the employee does not complete probation prior to May 31, 2013, a one-time
exception shall be made to allow the deduction of the accrued leave by June 30,
2013 if they so choose. If a probationary employee has not accrued thirty-five (35
hours as of May 31, 2013, then the employee must take the balance of the thirty-
five (35) hours as unpaid furlough hours by July 31, 2013. Any probationary
employee who did not chose to deduct accrued leave shall take the balance of the
thirty-five (35) hours as unpaid furlough hours during the period February 2013
through July 31, 2013.
• Unpaid Furlough Hours — An employee may elect to take thirty-five (35) unpaid
furlough hours during the period July 1, 2012 through July 31, 2013.
Furlough hours may be scheduled in full ten (10) hour increments or five (5) hour
increments for those employees who work ten (10) hour schedules. However, a
maximum of fifteen (15) hours can be taken in five (5) hour increments.
Furlough hours may generally be scheduled in full eight (8) hour increments or four(4)
hour increments for those employees who work eight (8) hour schedules. However, a
maximum of twelve (12) hours can be taken in four (4) hour increments. Because
employees cannot achieve the full 35 hours of furlough in a combination of eight (8)
and/or four (4) hour increments, those employees working eight hour schedules must
furlough an additional three (3) hours during F/Y 2012/13.
• Holiday Closure —An employee may elect to take unpaid furlough hours during the
holiday closure described in Section 40 and choose either of the preceding options to
total thirty-five (35) hours of furlough. If an employee furloughs during the holiday
closure period but is subsequently called in to work, that day shall not be counted
toward the employee's required thirty-five (35) hours of furlough.
• Furlough Spread Over 26 Pay Periods — As an option to spread the furlough
obligation over the full 26 pay periods in the 2012/13 fiscal year, employees may elect
to furlough 1.35 hours per pay period. These employees will work their normal (80
hour) work period (less any regular holiday, vacation, sick or other leave) but will note
1.35 hours of furlough on each time sheet which will result in payment for 78.65 hours
of non-furlough time per 80 hour pay period.
Fiscal Year 2013/14
Furloughs will be eliminated completely in the 2013/14 fiscal year.
SECTION 40: HOLIDAY FACILITY CLOSURE
If agreed to by all City labor groups, in addition to the regular scheduled City holidays of
December 24 and 25, 2012, and January 1, 2013, City Hall and the City Yard shall close
December 26, 27 and 31, 2012.
Resolution No. 12-099 - Page 16 of 17
In addition to the regular scheduled City holidays of December 24 and 25, 2013 and
January 1, 2014, City Hall and the City Yard shall close on December 23, 26, 30 and 31,
2013 and January 2, 2014. Closure dates for the Libraries, the Cultural Center and other
Community Services facilities shall be determined by the City in order to minimize the
impact on public services. During these closures employees may take paid leave from
holiday, management leave, comp time, vacation accruals, unpaid leave or furlough hours.
SECTION 41: ADOPTION OF MOU
This memorandum, between representatives of the City and the San Bernardino Public
Employees Association, was adopted on June 20, 2012.
SECTION 42: EFFECTIVE DATE
The provisions of this memorandum of understanding are effective July 1, 2012 and
shall continue for a two-year period, ending June 30, 2014.
SBPEA Citv
Dated Dated
Michael Moore John R. Gillison, City Manager
Labor Relations Representative
Don Ballard, Maintenance Worker Lori Sassoon, Deputy City Manager/
Administrative Services
Richard Favela Jr., Lead Maint. Worker Chris Paxton, Human Resources Director
Jerry Sandoval, Maintenance Worker Fabian Villenas, Principal Analyst
Brett Lance, Lead Maintenance Worker
Rudy Linares, Sr. Maintenance Worker
Resolution No. 12-099 - Page 17 of 17