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11-0501_SJC CLASSIFIED EMPLOYEES ASSOCIATION_Memorandum of Understanding MEMORANDUM OF UNDERSTANDING May 1 , 2011 - June 30, 2014 BETWEEN CITY OF SAN JUAN CAPISTRAN® AND SAN JUAN CAPISTRAN® CLASSIFIED EMPLOYEES ASSOCIATION TABLE OF CONTENTS PAGE NO. Agreement.......................................................................................................1 Recognition........................................ ............... 1. Salary ..............................................................................................................2 11. Overtime..........................................................................................2 111. Overtime Worts on Holidays .............................................................................2 IV. Bilingual Pay....................................................................................................3 V. Uniform/Work Boot Allowance.........................................................................3 VI. Deferred Compensation Program ......... .....__... ........ ........ ..........4 Vll. Recognition Bonus...........................................................................................4 VIII, Payment for Required Utilities Certificates ...................................... ...............5 IX. Mileage Reimbursement..................................................................................5 X. Ride Share Program........................................................ .......6 XI. Tuition Reimbursement Program.....................................................................6 XII. Safety Incentive Program ....................................... ....6 ..................................... XIII. Work Day and Work Week...............................................................................6 XIV. Emergency Stand-By/Call Out.........................................................................7 XV. Vacation...........................................................................................................8 XVI. Sick Leave.......................................................................................................9 XVII. Bereavement Leave.......................................................................................11 XVI 11, School Activity Leave.....................................................................................12 XIX. Jury Duty Leave............................................... .........___12 XX. Donation of Blood Leave ...............................................................................12 XXI. Family Care Leave_-................................................................... ........ .....A3 XXI1. On-The-Jab Injury Leave...............................................................................14 XXIII. Holidays.........................................................................................................15 XXIV. Work on a Holiday ............................................................ .......16 . . .. . . ..... XXV. Floating Holiday.............................................................................................16 XXVI. Medical, Dental, Vision Insurance and Cobra................................................16 XXVI1. IRS Code Section 125 Plan ...........................................................................17 XXVI 11, Retired Employee Health Care ............................................. ...18 ...................... XXIX. Life Insurance................................................................................................18 XXX. Ca1PERS Long Term Care ..........................:.................................................18 XXXI. Pre-Paid Legal Services ................................................................................18 XXXII. College Savings Program (529 Plan).............................................................18 XXXIII. Retiring Employee Recognition Program.......................................................18 XXXIV. Retirement Plan.............................................................................................18 XXXV. Short/Long Term Disability.............................................................................19 XXXVI. Acting Status................................. ........ ..............................19 XXXVII. Reclassification of Position ............................................................................20 XXXVI11. Promotions, Transfers and Voluntary Demotions .................. .........20 XXXIX, Promotional Examinations.............................................................................22 XL. Regular Appointment Following Probationary Period ....................................22 XLI, Termination - Resignation..............................................................................22 XLII. Layoffs and Re-Employment..........................................................................23 XLIII. Grievance Procedure.....................................................................................25 XLIV. Fair Employment Practice..............................................................................28 XLV. Non-Discrimination Policy.,....... ....__.......... ........................................_28 XLVI. Continuation of Benefits.................................... ....... ............... ...28 XLVII. Separability....................................................................................................28 XLVIII, Personnel Rules .......................................................... .28 AGREEMENT This agreement is entered into by the parties on behalf of the City of San Juan Capistrano (hereinafter known as "the City") and the San Juan Capistrano Classified Employees Association (hereinafter known as "the Association"), in accordance with the provisions of Section 3500-3510 of the California Government Code, otherwise known as the Meyers-Milias-Brown Act, and the Employer-Employee Relations Resolution of the City of San Juan Capistrano for the period of time commencing May 1, 2011 through June 30, 2014. All provisions of this agreement are effective upon adoption of this agreement by the City Council unless otherwise specified. RECOGNITION The City recognizes the Classified Association as the "recognized employee organization" for all employees within the unit of representation, consisting of regular full-time employees in the following classifications: Accountant Maintenance Worker I Accounting Clerk Maintenance Worker If Accounting Specialist Housing/Redevelopment Coordinator Administrative Coordinator Office Assistant Administrative Specialist Permit Technician Assistant Engineer Planning Technician Assistant Planner Public Works Supervisor Associate Engineer Senior Accounting Specialist Associate Planner Senior Citizen Program Coordinator Building and Grading Inspector Senior Executive Assistant Code Enforcement Officer Senior Maintenance Worker Community Services Coordinator Senior Permit Technician Construction Inspector Utilities Operator I Chief Plant Operator Utilities Operator Il Customer Service Representative Utilities Operator Il-Groundwater Treatment Plant Customer Service Supervisor Utilities Operator III Deputy City Clerk Utilities Operator Ill-Groundwater Treatment Plant Engineering Assistant Utility Programs Supervisor Engineering Technician Utilities Superintendent Executive Assistant Utilities Trainee (Temporary) Field Customer Service Representative Water Conservation Coordinator GIS Specialist Water Construction Inspector Human Resources Assistant The City agrees to support the inclusion of the regular part-time employees into the unit of representation. Should inclusion of the regular part-time employees occur during the term of this agreement, the Association shall give the City 30 days' advance notice. 1 These employees would be included in the unit of representation at the salary and benefit levels in place at time of inclusion. I. SALARY 711112: 3.0% - Salary Range Increase 711113: 3.0% - Salary Range Increase ll. OVERTIME Whenever, at the discretion of the appointing authority, an employee works beyond forty (40) hours in a work week, such person shall be compensated for such overtime work to the nearest 15 minutes at time-and-one-half his/her regular compensation, or receive compensatory time off earned at time and one-half rate. Whenever, at the discretion of the appointing authority, an employee works beyond twelve (12) hours in one work day, such person shall be compensated for such overtime to the nearest 15 minutes at double the rate of his/her regular compensation, or receive compensatory time off earned at double rate. Compensation for overtime shall be in the form of pay, unless the affected employee requests compensatory time. Management shall have the right to deny payment in the form of compensatory time. The employee may accumulate and hold for future use no more than 220 hours at any one time of compensatory time, and at the end of the fiscal year, may carry over no more than 80 hours of compensatory time for use in the next fiscal year. Compensatory time may only be cashed out at original rate of accrual. Prior to the implementation of any salary adjustment, all accumulated compensatory time must be taken as paid leave subject to the approval of the department head or paid out as compensation. All other overtime hours accumulated to that point shall be paid at the end of the fiscal year. Such compensatory time off is subject to approval of the Department Head and Personnel Officer. Overtime requested by an employee to adjust the employee's work schedule shall be considered flex time and is not subject to compensation at the rate of time and one- half. Overtime shall be assigned/offered to full-time, regular employees before being assigned/offered to part-time or temporary employees. Part-time or temporary employees may work overtime only if no full-time regular employee is available and/or interested in working the overtime. The City shall assign overtime with due regard to an equitable and fair distribution of work, whenever possible. III. OVERTIME WORK ON HOLIDAYS The "day is the day" concept shall apply. All hours worked on a holiday are paid at time and one-half. 2 IV. BILINGUAL PAY Qualified employees who meet the following criteria shall receive a monthly stipend in recognition of their ability: 1. Employee must be assigned by the City Manager or his/her designee to speak and/or translate written material in a language in addition to English. This includes such specialized communication skills as sign language. 2. Employees must, as needed, speak and/or translate a second language. 1 Employees able to communicate and/or translate verbal information shall receive an additional $85 per month. 4. Employees able to translate verbal and written information shall receive an additional $125 per month. Employees assigned to translate written information will be required to be certified as qualified by the City. The City, at its discretion, may reassign an employee from a bilingual assignment to a position which does not require a bilingual assignment. An employee in a bilingual assignment may request assignment to a position that does not require bilingual assignment. The request shall be made in writing to the City Manager, who will consider it according to the needs and availability of a qualified replacement. V. UNIFORM/WORK BOOT ALLOWANCE The City will provide uniform shirts, pants and work boots to all field positions in the unit of representation as follows: Pants - City will provide uniform pants, or provide an allowance of $180 for the purchase of uniforms pants. Employees must elect at the beginning of each year which option he/she will adopt for that fiscal year. Those electing the allowance will receive this amount on the first pay period ending in July of each year. Shirts — City will provide a selection of uniform shirts (a style to be determined) that will be required to be worn by all field personnel in all departments. These shirts are to be worn by the following classifications: Utilities Operators 1, II and III, Utilities Trainee, Utilities Operator I, II and III — Groundwater Treatment Plant, Utility Program Supervisor, Utilities Superintendent, Maintenance Worker I and 11, Sr. Maintenance Worker, Construction Inspector, Senior Building and Grading Inspector, Building and Grading Inspector, and Code Enforcement Officers, or other positions as deemed necessary to provide identification and uniformity in the field. The City will bear the cost of acquiring these shirts annually. The City agrees to establish a committee 3 including three (3) bargaining unit members for input into the decisions regarding the uniform policy. Work Boots — The City will provide a work boot reimbursement up to $160 per pair of work boots for all field positions in the unit of representation. Reimbursement shall be provided for up to two pairs of work boots per year. All field personnel will be required to wear uniforms during working hours. City Jackets- Shall be provided to employees as needed, but no more than once per year. City Hats - Shall be provided to employees as needed. VI. DEFERRED COMPENSATION PROGRAM City employees may elect to have a portion of their salary withheld. The deferred amount is tax free until actually received and is invested in the meantime. As prescribed by applicable laws or plan provisions, funds may be withdrawn upon resignation, retirement or to a beneficiary upon death. The City shall establish a deferred compensation "matching fund" and match voluntary employee contributions up to $20 (twenty dollars) per month. VII. RECOGNITION BONUS 1. The City shall grant a $100 recognition bonus for certifications above and beyond requirements of position and used for the benefit of the City. The following list contains several certifications obtainable by city employees and of value to the City. To qualify for certification, the following parameters must be met: The Certification must be issued by a governing or sanctioning professional body such as America Water Works Association or the American Institute of Certified Planners. The certification must be obtained through a course of study either at an institution or through Dome study and attaining the qualified skill level proven through testing by the sanctioning body. Certifications that are not on the list of approved certifications below must be approved by the City. The following list contains several certifications obtainable by City employees and of value to the City. 4 i. Playground Safety Inspection Certificate ii. Arborist Certification iii. Pesticide Applicator and Advisor Certifications iv. American Institute of Certified Planners Certification v. International Conference of Building Officials (ICBO) certificates, to include: • Plans Examiner • Housing Inspector • Mechanical Inspector • Plumbing Inspector • Combination Dwelling Inspector • Electrical Inspector • Light Commercial Combination Inspector vi. American Association of Code Enforcement certificates to include: • Certified Zoning Enforcement • Officer, Certified Housing Enforcement Officer • Certified Code Enforcement Administrator vii. Class "A" Driver License, including all costs associated with maintaining the license. Employees holding this certification shall receive the recognition bonus annually on the first pay period in July of each year. Vlll. PAYMENT FOR REQUIRED UTILITIES CERTIFICATES For the positions shown below, the City shall pay $300 annually for each certificate that is required as part of the position's job description. Certificates shall be issued by the California Department of Public Health (DPH) or the California Water Environment Association (CWEA). The City will also pay $300 annually for up to one certificate above that which is required in an employee's job description. Additionally, the City shall reimburse test fees for certifications. This reimbursement is limited to the first, and second attempt, if necessary. The City shall pay $300 annually for up to five (5) employees to hold a County of Orange Environmental Health Certified Backflow Tester certificate. Those employees Folding these certificates effective July 1, 2009, will be included and additional employees will be added in chronological order based on the date of their certification by the County of Orange up to a total of five (5) employees. Additional employees receiving such certification when five (5) employees are already in place will be placed on a waiting list in chronological order based on their certification by the County of Orange. Employees who have been trained and received certification through the City will be required to maintain their certification until another individual is available to fill their place from the waiting list. 5 Construction Inspector Utilities Operator III-Groundwater Treatment Plant Field Customer Service Representative Utilities Superintendent Utilities Operator I Utilities Trainee Utilities Operator 11 Utility Programs Supervisor Utilities Operator 11-Groundwater Treatment Plant Water Construction Inspector Utilities Operator III IX. MILEAGE REIMBURSEMENT City employees shall receive mileage reimbursement in accordance with IRS standards. X. RIDE SNARE PROGRAM Employees who carpool, walk, bike, take the bus or the train at least twice per week shall, at the end of the fiscal year, be eligible for nine (9) hours of additional floating holiday time in the next fiscal year. XI. TUITION REIMBURSEMENT PROGRAM The City will provide an annual educational incentive equal to full time tuition at a California State University for a degree from an accredited college or university or certificate program, up to a maximum of $5000/year. There will be no limit on the cost of each degree. The City will provide up to $20,000 annually for all Classified and Professional/Management employees to participate and carryover any remainder to the next fiscal year, up to a total pool amount of $35,000. If annual requests exceed amount available, amounts would be pro-rated based on requests. Program details are identified in Administrative Policy No. 214, Employee Tuition Reimbursement Program. XII. SAFETY INCENTIVE PROGRAM The City's Safety Committee shall finish the work started on the IIPP. XIII, WORK DAY AND WORK WEEK The official work week of the City of San Juan Capistrano shall be forty (40) Fours from Friday at mid-workday to the following Friday at mid-workday. The official workday shall be Monday through Thursday from 7:30 a.m. to 5:30 p.m. and Fridays from 7:30 a.m. to 4:30 p.m., with alternate schedules to meet Department operations or to meet special employees' needs due to transportation or caregiver issues. It shall be the duty of each department head to arrange the work of the department so that each employee therein shall work not more than five (5) consecutive days in 6 each calendar week except that a Department Head, with approval of the City Manager, may require any employee in the department to temporarily perform service in excess of the designated work day or workweek when public necessity or convenience so requires. Department Heads will not temporarily change an employee's regular work schedule to avoid payment of overtime. XIV. EMERGENCY STAND-BY/CALL OUT Employees who are in classifications that require the performance of stand-by duty as an essential function of their position, shall during "off hours" 1) monitor the duty phone and/or pager, 2) remain in the local area (no more than 20 miles from City Hail site), 3) remain fit for duty, and 4) respond to any and all call outs within 15 minutes. Employees shall be compensated at the rate of California's minimum wage for every hour or portion of an hour while on stand-by duty. Calls for service shall be reported and compensated at the overtime rate of pay pursuant to Section 6.20 of the Personnel Rules and Regulations. Calls for service requiring the. employee to respond to the field shall be paid at a two hour minimum. Multiple calls received within any two hour period already being paid will not result in an additional compensation. Additionally, call outs that result in the two hour minimum period overlapping into the regular work schedule will revert to regular pay at the beginning of the regular work day. For each hour or portion thereof of work performed and compensated as overtime during "off hours", stand—by pay shall be reduced by the amount of overtime hours incurred. At the option of the Department Head, employees may either receive their stand-by compensation as compensatory time off or as compensation in the current pay period. Consideration shall be given to effectuating the wishes of employees. Employees with existing compensatory time balances of at least one-hundred twenty (120) hours shall not be eligible to receive stand-by compensation as compensatory time. Employees not on stand-by status when called out to the field for an emergency shall be compensated at the overtime rate of pay pursuant to Section 6.20 of the Personnel Rules and Regulations with a three hour minimum. Additionally, employees not on stand-by status who have not physically worked their regular number of workday hours, shall, when called out on a bona-fide emergency, be paid at 1 Y2 times their regular pay for all bona fide emergency hours worked. Scheduled overtime does not constitute a bona-fide emergency. Bona-fide emergencies are those that occur due to a natural disaster such as fire, flood, earthquake, storm, or landslide. They may occur due to damage to the infrastructure of the city such as inoperative valves, pipeline breaks, leakage in potable or sewage systems or traffic control lights. Traffic accidents may trigger bona-fide emergencies if they require City employees to repair or clean up damage or assist with traffic control. Citizen complaints that require after-hours attention are bona-fide 7 emergencies. Classified employees who occasionally receive phone calls outside of their regularly scheduled working hours from stand-by personnel or personnel on an emergency call-out, to get supervisory direction, shall receive a minimum of 30 minutes of regular pay for each phone call. XV. VACATION a. Vacation Accrual Classified employees shall accrue vacation hours based on the following schedule- Length chedule:Len th of Service Annual Hours Accrued 0 - 3 years 80 4 - 7 years 132 8 - 10 years 148 11 - 19 years 164 20 years or more 172 Accrual at the next highest increment rate shall commence on the first day of the fourth, eighth, eleventh and twentieth year of employment, respectively. The maximum amount of vacation which may be accrued by classified employees shall be 340 hours; any accumulation of hours above 340 shall be forfeited by the employee. The maximum amount of vacation time which will be compensated in cash upon separation from City service shall be 340 hours. It shall be the responsibility of the employee and the Department Head to assure that employees utilize credited vacation leave within the limitations set forth herein. In December of each year, classified employees with four or more years of service to the City will receive a one-time yearly payment equal to .4% of their individual base salary on December 1. This payment will be issued on a regular paycheck; not a separate check. b. Vacation Usage Total vacation allowance shall be based upon the number of months of City service computed to the nearest half month. It shall be the responsibility of the employee and Department Head to assure utilization of credited vacation leave within the limitations set forth herein. The time during the calendar year at which an employee may take vacation leave shall be determined by the Department Head but with due wish of the employee and particular regard for the needs of the City. Eligible employees shall accrue vacation beginning with the date of hire 8 but may not utilize such during the first six months of employment. Any employee wishing to schedule vacation in excess of 10 working days must receive the approval of the Personnel Officer at least 34 days prior to the vacation time. The employee will receive a response within 14 days of submittal. Vacation time or any leave time requiring any combination of vacation, administrative leave, comp time, or holiday pay in excess of 10 consecutive working days shall be granted only in cases where special non-recurring conditions are present and will be based on the City's ability to provide adequate service coverage during the employee's absence. c. Vacation Benefits for Terminating Employees In the event of termination of employment, the employee shall be paid for any accrued vacation leave and compensation time which has accrued within the limits specified above. d. Holidays Occurring During Vacation When one or more legal municipal holidays fall within a vacation leave, such day or days shall not be charged as the vacation leave. Under these circumstances, an employee's vacation leave shall be extended accordingly for those employees eligible for such holidays. XVI. SICK LEAVE Sick leave shall mean the time during which an employee is permitted to be absent from the duties of City service by reason of sickness or injury which incapacitates or prevents the employee from performing assigned duties, without any deduction being made from salary or compensation, and shall include, in certain cases, serious illness or death of a member of the employee's immediate family. It will be the responsibility of the Department Head to periodically review the use of sick leave in the department. Use of sick leave may be used as a factor in determining employee performance for employee evaluations. The legitimate use of FMLA qualified sick leave shall not be used as a factor in determining employee performance for evaluation. a. Sick Leave Allowance All permanent full-time employees shall be entitled to eight (8) hours sick leave for each calendar month of service. There shall be no limit on the amount of sick leave which may be accumulated. b. When Sick Leave May Be Taken Sick leave may not be used until it is earned and shall be taken only in 9 case of actual and necessary sickness or disability of the employee. Eligible employees may utilize a maximum of ninety-six (96) hours of accumulated sick leave with pay in the event of 1) the employee's presence is required elsewhere because of family medical and dental appointments, serious illness, injury, disability or death of a member of the employee's immediate family, 2) official order to appear in court as a litigant or as a witness, and 3) personal necessity as defined and limited below. Personal necessity leave can be used by an employee at a rate of 24 hours per year for absences other than illness or disability and the absences shall be deducted from accumulated sick leave. Sick leave or personal necessity leave is not intended for taking care of personal business which could be taken care of at another time. Personal necessity is considered to be: i. a personal matter that requires your attention which cannot be taken care of except during the normal working hours, or ii. a matter that requires your attention, such as a hot water heater flooding your home, fire or robbery. The nature of the personal necessity need not be disclosed in writing on the Absence Request Form, but it shall be discussed with the employee's Supervisor, Department Head, and the Personnel Officer or his designee. This information shall be treated confidentially by all parties involved. Sick leave shall not be used in lieu of or in addition to vacation for the intent of extending vacation. When an employee is compelled to be absent from employment by reason of injury arising from and in the course of City employment as determined by the workers' compensation law, the employee may elect to apply accrued sick leave, if any, in such amount that when added to workers compensation benefits equals the employee's gross salary. Earned vacation time and compensatory time off may be utilized in a similar manner. c. Notification of Illness by Employee An employee on sick leave shall notify their supervisor no later than one (1) hour after the time set for beginning daily duties. When on FIVIL.A leave, the employee will be required to notify the City in compliance with the Family Medical Leave Act. d. Return From Sick Leave 10 Upon returning from sick leave, a physician's certificate may be required if, in the opinion of the Department Head, it appears that an employee is abusing sick leave privileges or to determine the validity of the employee's absence during the time for which sick leave was requested. Any employee absent from duty on sick leave for three (3) consecutive work days due to illness or accident may, at the discretion of the Department Head, be required to submit to a physical examination by a physician designated by the City to determine fitness to return. e. Sick Leave Payout Prior to Separation of Employment At the employee's request, the City will compensate in cash or in time off for unused sick leave accrued above 288 hours. The compensation formula will be consistent with the payout levels established in Section 7.13 of the Personnel Rules and Regulations, based upon years of service. f. Sick Leave Compensation Upon Termination of Employment City employees who terminate employment within the City shall be compensated in cash for unused sick leave at final rate of pay based on the following: Employees Hired Before July 1, 1999 Employees Hired On or After July 1, 1999 Less than 2 years: None . Less than 2 years: None 2 to less than 15 years: 50% More than 2 years: 50% 15 to less than 20 years: 75% 20 or more years: 100% There shall be no maximum amount of unused sick leave eligible for cash compensation subject to the foregoing schedule. g. Annual Sick Leave Incentive Program Employees with greater than 288 hours of sick leave and who have used two days or fewer in the previous fiscal year shall have the right to cash- out up to two days of sick leave at 100% the following July 15�h. XVII. BEREAVEMENT LEAVE An employee shall be granted a leave without loss of pay in case of death of a member of the employee's immediate family. Such leave is designated as bereavement leave. Up to five (5) days leave without loss of pay shall be granted for the death of a member of the employee's immediate family. Immediate family as used in this section is defined as the employee's spouse, child, foster child, 11 grandchild, stepparent; legal guardian, stepchild, parent, brother, sister, grandparent, grandparent-in-law, mother-in-law, father-in-law or: a. Any other relative by blood or marriage who is a member of the employee's household. (Employees may be required to submit proof that the deceased relative was a member of the employee's household prior to the time of death.) b. Any other relative of the employee by blood or by marriage where it can be established by the employee that as a result of such relative's death, the employee's presence is required to handle funeral arrangements and/or matters of estate. In addition, bereavement leave may be granted on a case by case basis under other circumstances at the discretion of the City Manager when it is in the best interest of the City to do so. Time off beyond these parameters shall be charged to any type of available leave. Temporary and other part-time employees shall not be eligible for bereavement leave. XVIII. SCHOOL ACTIVITY LEAVE Pursuant to California Labor Code Sections 230.7 and 230.8, parents, guardians and grandparents having custody, of school-age children shall be allowed leave from their jobs, with or without pay, as may be necessary to participate in school activities such as parent-teacher conferences, disciplinary matters, school programs and related events with their children, Such leave is limited to 40 hours per school year, at a maximum of 8 hours per month. Employees must give reasonable advance notice to the employer to permit work coverage, and may be required to provide documentation from the school that the employee participated in the activity on the specific date and time. Leave properly requested in advance shall not be denied. XIX. JURY DUTY LEAVE Regular and probationary employees who are summoned to serve on jury duty or subpoenaed as a witness in any court in this State of the United States, or any administrative board of tribunals, shall be entitled to a leave of absence with pay while serving. Employees may keep fees and fees for mileage received while serving. Employees must return to work if not required to attend jury duty on a particular day. XX. DONATION OF BLOOD LEAVE The City shall grant each employee in the unit of representation reasonable time off for the purpose of making a donation of blood. No charge will be made against vacation, sick or any other type of leave when such absence is approved in advanced by the employee's supervisor/department head. 12 XXI. FAMILY CARE LEAVE a. General Provisions i. Family Leave shall be granted to the extent required by law, including the following situations: 1. An employee's serious health condition. 2. The birth of a child or placement of a child for adoption or foster care. 3. An employee's presence is needed to attend to a serious health condition of the employee's child, spouse, parent or child of an employee standing in loco parentis (those with day-to-day responsibilities to care for and financially support a child). ii. Employees must request and identify their need for Family Leave. The City agrees that certain other types of leaves available to employees under this Agreement may meet the requirements of Family Leave pursuant to applicable law. The City may apply any time during which an employee is on such leave against the amount of Family Leave to which the employee is entitled. iii. Eligibility for Family Leave will be determined according to the requirements of applicable law. iv. When a request for Family Leave is approved, the department shall determine whether sick leave, compensatory, and/or vacation time is to be applied. Such determination shall be consistent with other leave provisions of this Agreement and shall give consideration to the circumstances and the wishes of the employee. The use of sick leave shall be restricted to those circumstances, which qualify under the provisions of the Personnel Rules and Regulations. v. The City will continue to pay agreed-upon medical contributions for the duration of an employee's approved leave, in accordance with the Federal Family and Medical Leave Act. b. Notification Re uirements i. If the Family leave is foreseeable, the employee must provide the department with thirty (30) calendar days notice of his or her intent to take Family Leave. 13 ii. If the event necessitating the Family Leave becomes known to the employee less than thirty (30) calendar days prior to the employee's need for Family Leave, the employee must provide as much notice as possible. In no case shall the employee provide notice later than five (5) calendar days after he or she learns of the need for Family Leave. iii. When the Family Leave is for the purpose of the scheduled medical treatment or planned medical care of a child, parent or spouse, the employee shall, to the extent practicable, schedule treatment and/or care in a way that minimizes disruption to City operations. iv. The City shall notify the employee that the employee is considered using leave per the FMLA as required by the Act. c. Verification As a condition to the approval of Family Leave, an employee may be required to furnish certification from the health care provider which states: (1) the date on which the condition commenced; (2) the probable duration of the condition; (3) an estimate of time that the employee needs to be off; (4) that the employee cannot perform his/her duties because of the employee's own serious health condition or that care is needed when the leave is for an eligible family member pursuant to applicable law. XXII. ON-THE-JOB INJURY LEAVE Whenever an employee is compelled to be absent from active duty due to an injury disability arising out of and in the course of employment, such employee shall be entitled to receive an On-the-Job Injury Leave With Pay for up to the first three consecutive working days of such absence. The granting of such leave shall be conditioned upon the following: a. the absence is at the discretion of a licensed medical physician or, other designated health care professional. b. supervisory personnel have been properly notified of such injury or_disability and an on-the-job injury report has been properly completed and submitted. c. the injury occurred while the employee was performing work duties on the job. Whenever the On-the-Job Injury Leave extends beyond the first three working days, the employee will be allowed to use accrued leave to supplement the Workers' 14 Compensation allowance to achieve the equivalent of 100% of his/her salary. XXIII. HOLIDAYS All City employees shall have the following holidays with pay and shall not be required to work on such holidays except as hereinafter provided: a. January 1 st (New Year's Day) b. Third Monday in February (Washington's Birthday) c. Last Monday in May (Memorial Day) d. July 4th (Independence Day) e. First Monday in September (Labor Day) f. November 11th (Veteran's Day) g. Fourth Thursday in November (Thanksgiving Day) h. The day following Thanksgiving Day 1, December 24th (Christmas Eve) j. December 25th (Christmas Day) k. December 31 st (New Year's Eve Day) I. Floating Holiday (10 hours, increased to 20 hours effective July 1, 2012) Whenever a holiday falls on a Sunday not scheduled as a regular work day, the following Monday shall be observed as the holiday. Whenever a holiday falls on a Saturday not scheduled as a regular work day, the City will recognize the holiday on a case by case basis and observe it either on the Friday before the holiday or the Monday after the holiday, based on the needs of the community. The determination of the holiday observance will be made when the City issues the master holiday schedule each year. Employees on a 9180 schedule will be able to bank holiday hours for those holidays that occur on their flex day off. The following shall apply to the use of Holiday banked hours: • banked hours will be capped at 24 ® hours banked are not compensable —they cannot be cashed out ® banked hours must be used before any other kind of leave, except for sick leave e employees will be strongly encouraged to use banked hours within a reasonable period of time, preferably by the end of each fiscal year. An employee must have been paid for the entire amount of regularly scheduled hours of the days immediately prior to and following a City holiday in order to be paid holiday pay. Christmas to New Year's City Hall Closure: City Hall will be closed from the 15 Christmas Eve holiday through New Year's day holiday beginning with the Christmas Eve holiday 2012 and again beginning with Christmas Eve holiday 2013. Employees shall use appropriate accrued paid leave (not sick leave), or leave without pay to cover the closed days that would otherwise be work days from the day after the Christmas Day holiday through the day before the New Year's Eve holiday. The closure during these periods may be rescinded by the City Council if, in their collective judgment, significant community feedback is received in opposition to the closure. The City Council shall provide the Association with eleven months advance notice of their decision to rescind the closure of City offices. Certain employees will be required to work to provide essential services. Essential services required to be provided during the closure will be determined by the City no later than .July 1 of each year and notification will be provided to the employees required to work during the closure. Employees required to work during the closure would not be required to use paid leave during the closure and would be compensated at time and one-half for those hours worked on regular work days. XXIV. WORK ON A HOLIDAY Hours worked on a Holiday shall be paid at 1'/z times employees' regular rate of pay. Any full-time employee who is required to work on a holiday shall be entitled to be paid for the holiday plus time and one half for all hours worked on the holiday or compensatory time off at time and one half. The "day is the day" concept shall apply. XXV. FLOATING HOLIDAY Probationary and regular full-time employees shall be credited with a total of ten hours of compensated time off on July 1st of each year. Effective July 1, 2012, the 10 hours of compensated time shall increase to 20 hours. The time(s) which the employee may elect to use shall be arranged with and approved by the employee's supervisor and Department Head and approved by the City Manager. The floating holiday must be used prior to June 30 or shall be forfeited. XXVI. MEDICAL DENTAL VISION INSURANCE AND COBRA The City provides medical, vision and dental insurance for City employees. The insurance becomes effective the first day of the month following the date of hire. Medical Insurance - CaIPERS The City's contribution for each active employee in the bargaining unit shall be the Minimum Employer Contribution as required by CalPERS. Additionally, the City will provide a Cafeteria Plan to provide the active employees in the bargaining unit an amount in addition the Minimum Employer Contribution as required by CaIPERS up to the highest CalPERS HMO premium in each coverage category (E, E+1 or E+Family). 16 Until June 30, 2012, employees enrolling with medical carriers with premiums lower than the highest HMO in their coverage category shall receive the difference between their premium and the highest HMO premium in their coverage category. After June 30, 2012, employees will no longer receive this difference between the highest HMO premium in their coverage category and the lower premium they selected. The City will make diligent and reasonable efforts to work with CALPERS to provide an open enrollment before July 1, 2012 if allowed under the Public Employees' Retirement Law (PERL). Single coverage employees shall continue to receive the existing reimbursement of $137.50 per month until June 30, 2012. Beginning June 30, 2412, single coverage employees will no longer receive the existing reimbursement of$137.50 per month. Opting out of Medical Insurance The City shall allow employees who show proof of group medical insurance coverage provided by a spouse, to opt out of the City's medical insurance coverage. The City shall provide to employees who wish to opt out of medical insurance coverage and meet the above criteria, an "opting out" amount of $325 per month. Employees must remain enrolled in the City's dental and vision plans. Vision Insurance - Vision Service Plan Dental Insurance - Aetna COBRA The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) requires that the group health plans provide employees and their dependents the opportunity to continue health care coverage under the plan in certain circumstances where coverage under the group health plan would otherwise terminate. While the City must make continued health coverage available, it can charge qualified beneficiaries up to 102% of the cost of coverage if continuation of benefits under the group plan is desired. XXVII. IRS CODE SECTION 125 PLAN The City shall set up a Cafeteria Plan, under IRS Code Section 125, to pay for medical, dental and vision premiums. The City shall provide to active employees in the bargaining unit up to the highest CalPERS HMO premium in each coverage category (E, E+1 or E+Family). Employees shall have the ability to elect which medical carrier to enroll with. Dental and vision insurance coverage shall also be a part of the cafeteria plan. 17 The City will provide classified employees the opportunity to participate on a voluntary basis in a Dependent Care Assistance Program (Section 129) under Internal Revenue Code Section 125, which allows employees to redirect part of their salary, before it is taxed, to be used for child, elderly and dependent care and eligible medical expenses. XXVIII. RETIRED EMPLOYEE HEALTH CARE The City shall contribute $15 per month towards each employee's retiree health savings plan established through ICMA-RC. Effective January 1, 2012, the City contribution shall cease. XXIX. LIFE INSURANCE The value of life insurance coverage for each classified employee is the equivalent to the annual salary plus $20,000. XXX. CALPERS LONG TERM CARE The City will offer this benefit at the sole expense of the employee. XXXI. PRE-PAID LEGAL SERVICES The City will offer this benefit at the sole expense of the employee. XXX 11. COLLEGE SAVINGS PROGRAM 529 PLAN The City will offer this benefit at the sole expense of the employee. XXXIII. RETIRING EMPLOYEE RECOGNITION PROGRAM The Retiring Employee Recognition Program provides for a salary incentive for long term City service. The guidelines and definitions for this program are detailed in Administrative Policy No. 223, Retiring Employees Recognition Program (Incentive for Long-Term City Service). Employees hired on or after July 1, 2009, are not eligible to participate in this program. XXXIV. RETIREMENT PLAN All full-time employees become a member of the Orange County Employees' Retirement System (OCERS). The City shall pay 3.6% of the employee's share of the retirement contribution for the first two years of employment. After two years of employment, the City shall pick up 100% of the employee's share of the retirement contribution. 18 Enhanced Retirement Benefit — The City has contracted with OCERS to provide an enhanced retirement program with the Orange County Employees Retirement System (OCERS) for the 2.7% at 55 based on an average three highest years salary benefit, effective January 1, 2004. This benefit will be applicable to all years of service. The Classified group has agreed to an additional payroll deduction in order to offset the increased cost of the employer share and employee share of the enhanced benefit. This additional deduction will be as follows: Less than two years of service 4.47% After two years of service 6.26% Effective July 1, 2012, each employee shall pay 50% of the employee contribution that was being paid on behalf of the employee by the City prior to July 1, 2012. Effective July 1, 2013, each employee shall pay the full employee contribution to retirement and the City will no longer pay any portion of the employee contribution to retirement. The intent of these changes is to have employees paying the employee contribution to retirement and the City paying the employer contribution to retirement. The changes are being phased in two years with the first change taking effect July 1, 2012, and the second change taking effect July 1, 2013. Effective January 1, 2012, any new employees hired on or after January 1, 2012, shall pay the full employee contribution to retirement with no payment of the employee's contribution by the City. Effective on or about July 1, 2012, the City shall implement a second tier retirement formula (2%@57). This second tier retirement formula shall apply to all employees hired on or after the date the second tier formula becomes effective. XXXV. SHORT/LONG-TERM DISABILITY INSURANCE Eligible employees shall receive short and long-term disability coverage or income protection of up to two-thirds of salary during disability periods due to non-job related injury or illness. Benefits are payable after a disability elimination period of 14 days is satisfied. XXXVI. ACTING STATUS Employees performing the duties of their supervisor or a higher-paid position due to vacation, illness or leave, for 14 calendar days or more shall receive acting status pay equivalent to the minimum salary rate for that position such that the minimum adjustment would be at least 5% above the employee's current salary with the approval of the Department Head and the Human Resources Manager. Acting status shall be retroactive to the first day and subject to no additional benefits. 19 XXXVII. RECLASSIFICATION OF POSITION Whenever a position is reclassified which is currently occupied by an incumbent who is satisfactorily performing the duties of the proposed position, the City shall place that incumbent in the reclassified position, without the need to undertake a recruitment. Such reclassifications shall not result in demotion. A reclassification may occur when the essential duties of a position change due to new technology, new regulations or laws, reorganization within the city, or other compelling reasons that increase to a higher level the duties performed by the position. The City shall notify the Association whenever a reclassification is to occur to allow the Association to request to meet and confer over the impact and salary of the position. Reclassification of an employee in a reclassified position may occur, at the City's discretion, if s/he has been satisfactorily performing the duties of the position for at least six months, as evaluated by the Department Head. Out-of-Class grievances that result in position reclassifications shall also result in the reclassification of the employee, provided s/he has been satisfactorily performing the duties of the position for at least 6 months, as evaluated by the Department Head. XXXVIII. PROMOTIONS TRANSFERS AND VOLUNTARY DEMOTIONS a. Promotions Promotion refers to the movement of an employee from a position in one class to another class imposing higher duties and responsibilities, requiring higher qualifications and providing a higher maximum rate of pay. Insofar as practical and consistent with the best interest of the City, as determined by the Personnel Officer, vacancies shall be filled by promotion from within whenever qualified employees exist. Promotion - only classes will be established by the Personnel Officer in consideration of input from the Department Heads. i. Requirements for Promotional Candidates Only regular employees who meet the requirements set forth in the Classification Plan and who received a satisfactory overall rating at the time of their last performance evaluation may compete in promotional opportunities. Any employee who wishes to apply for promotional opportunity must also have completed at least six (6) months in their present position. 20 ii. Rejection Following Promotion An employee rejected during or at the conclusion of the probationary period following promotional appointment shall be reinstated to the position from which promoted and shall be reinstated to the position or class, or comparable position or class from which promoted and shall receive credit for time served in the promotional position unless charges are filed and the employee is discharged in the manner provided for in these rules and regulations. b. Transfers A transfer occurs when an employee changes positions which are in the same classification having essentially the same maximum salary and requiring substantially the same qualifications. This may or may not involve a change of an employee's place of employment from one department to another. i. Conditions for Transfer An employee, who does not possess the minimum qualifications for an open position, shall not be transferred to that position. A qualified employee may be transferred, provided the transfer has been approved by the employee's supervisor, the new supervisor and the Personnel Officer. ii. Employee Requested Transfers New employees who have completed their probationary period in their current positions may apply for a transfer. All other employees, who have worked a minimum of six (6) months in their current position, may apply for a transfer. A request may be submitted only when a vacancy exists. The employee's request for transfer will be considered on the basis of the employee's qualifications for the vacant position, the employee's best interests, and the best interests of the City. Requests for transfers must be received according to deadlines established by the Personnel Officer. iii. Employer Initiated Transfers The City of San Juan Capistrano reserves the right to transfer its employees from one position to another or one department to another, if the transfer is necessary for the purpose of economy or efficiency. iv. Job Transfer Opportunities The City will consider lateral transfers and promotional opportunities to vacant positions within the same or similar job class for at least two weeks before they are opened competitively to non-employees. The employee requesting the transfer must have had a "satisfactory" rating on their last 21 evaluation and meet the minimum qualifications for the position. Employees eligible for transfer or promotional opportunities shall be given the opportunity to interview. The City would have no oblAciation to hire any of the applicants for transfer. c. Volunta Demotion A regular employee may request a voluntary demotion to a vacant position in a class with a lower maximum salary rate provided the employee possesses the qualifications of that class. Such requests must be filed with the Personnel Officer and require approval of the current Department Head and that of the Department Head of the vacant position. XXXIX. PROMOTIONAL EXAMINATIONS Promotional examinations may be conducted whenever, in the opinion of the Personnel Officer after consultation with the Department Head, the need of the service so requires. Promotional examinations may include any of the selection techniques or any combination thereof mentioned above. Only current employees who meet the requirements of the position may compete in promotional examinations. XL. REGULAR APPOINTMENT FOLLOWING PROBATIONARY PERIOD Original appointments to positions within the classified service shall be subject to a probationary period of no less than six months and no more than twelve months. At the conclusion of the probationary period, the employee will be notified of regular status, provided the appointing authority approves the action. Achievement of regular employee status shall be based upon successful completion of a probation period, as determined by the Department Head and approved by the Personnel Officer. Promotional appointments shall be subject to a probationary period of six months. XLI. TERMINATION — RESIGNATION An employee wishing to leave the City in good standing shall file a written resignation stating the effective date and reason(s) for leaving with the immediate supervisor at least two (2) weeks before leaving the City The resignation shall be forwarded by the Department Head to the Personnel Office and City Manager. 22 XLII. LAYOFFS AND RE-EMPLOYMENT a. Conditions for Layoff The City Manager, with the concurrence of the City Council, may abolish any position, because of material change in duties and organization, or shortage of work or funds. The employee holding such position or employment may be laid off without disciplinary action and without the right of appeal. No regular employee shall be laid off until all temporary and probationary employees holding positions in the same classification in the department are first laid off. Only those employees in the department assigned to the classification in which the position is to be abolished shall be involved in this layoff procedure. b. Notice of Layoff Employees to be laid off shall be given at least fourteen (14) calendar days notice. c. Order of Layoff 1. Within the classification, employees will be ranked by seniority with the most senior employee given the highest ranking and the next most senior employee given the next highest ranking and so forth. For the purpose of this section, seniority shall be determined as total number of years of full-time employment with the City of San Juan Capistrano. This category is given a weight of 30%. 2. Within the classification, employees will also be ranked by performance, based upon performance evaluations, official records, and/or qualified testing procedures where applicable. The employee within the classification with the highest performance rating shall be given the highest ranking and the next most competent employee shall be given the next highest ranking, and so forth. This category is given a weight of 40%. a. To establish the performance ranking, each employee performance evaluation must be rated. A rating of 1 to 5 on the overall evaluation rating is assigned accordingly; Excellent - 5 Above Standard = 4 Meets Standards = 3 Needs Improvement = 2 Unsatisfactory = 1 23 3. Within the classification, employees will also be ranked by skill set, based upon education, licenses, and certificates obtained, which increase an employee's overall value to the organization. The employee with the greatest skill set within the classification shall be given the highest ranking and the employee with the next highest skill set level shall be given the next highest ranking, and so forth. This category will be given a weight of 30%. a. To establish the ranking for skill set, the following point system shall be applied: i. Education 1. PhD. = 4 points 2. Master's Degree = 3 points 3. Bachelor's Degree _ 2 points 4. Associate of Arts Degree = 1 point A degree must be directly related to the position in order for it to be awarded a point value. ii. Licenses Each professional license _ 1 point iii. Certificates Each certificate - .5 point Certificates issued upon completion of a test conducted by a sanctioning body such as a governmental, professional, or academic organization, are considered valid certificates. Training certificates that indicate that an employee participated in a training course or seminar are not awarded any point value; however, they would be incorporated into the performance evaluation. d. Layoff Procedure The Department Head will total the point values of the three categories (seniority, performance, and skill set) for each employee within the classification to determine the order of layoff. Employees will be laid off in order of the numerical ranking, that is, an employee with a lower ranking would be laid off before an employee with higher ranking. e. Re-employment List The names of persons laid off in accordance with these rules shall be entered on a re-employment list for one year, except that persons appointed to permanent positions shall, upon such appointment, be dropped from the list. 24 When a vacancy occurs in the subject class, the appointing authority shall consider the former employees from the re-employment list. It is the responsibility of the employee on a re-employment list to keep the City informed of his/her current address and telephone number, and availability for work. XLIII. GRIEVANCE PROCEDURE a. Matters Sub'ect to Grievance Procedures A grievance shall be initiated through an informal first step when the employee notifies the supervisor verbally of his/her contention that the City has violated or misapplied a specific obligation expressed and/or written in the Personnel Rules and Regulations of the City. Personnel Division staff is available to assist Department Heads in such matters as the interpretation of Rules, documentation procedures and preparation of notices as requested. b. Notification of Grievance The second step in the grievance process shall be a written notice filed in a timely manner, on a form provided by the City which shall include at a minimum- 1- inimum:1. Nature of the grievance; 2. Date when the incident occurred; 3. Description of the incident; 4. Rule violated; and, 5. Specific remedy sought by the employee. c. Steps in the Grievance Process First Step Within ten (10) working days after the occurrence of the incident involved in the grievance, the employee may initiate the grievance process by discussing the matter informally with his/her immediate supervisor. An attempt shall be made to resolve the grievance between the employee and the immediate supervisor. The supervisor shall deliver an oral or written response within ten (10) working days after submission of the grievance. Second Step If the grievance is not satisfactorily resolved in the first step, the-grievance may be submitted in writing to the supervisor's supervisor, if any, within the department organization within ten (10) working days after the immediate supervisor's answer is received by the employee. After an attempt to resolve the grievance between the employee and his/her designated representative, if any, the intermediate supervisor shall deliver a written answer within ten (10) working days after submission of the grievance. If there is no intermediate 25 supervisor, the grievance shall go directly to the Department Head. Third Step If the grievance is not satisfactorily resolved in the first and second steps, it shall be submitted in writing to the employee's Department Head within ten (10) working days after the intermediate supervisor's answer is received by the employee. The Department Head shall meet with the employee and his/her designated representative, if any, within ten (10) working days after submission of the grievance to the Department Head. The Department Head shall review the grievance and may affirm, reverse or modify the disposition made at the first and second steps and shall deliver a written answer to the employee within ten (10) working days after said meeting. d. Appeal of Decision If the grievance is not satisfactorily resolved, the employee may appeal the decision of the Department Head to the City Manager. At the option of the employee, the grievance may be submitted: i. Directly to the City Manager, or ii. To an impartial arbitrator who will provide an advisory opinion to the City Manager prior to the consideration of the grievance by the City Manager, or iii. To a mediator from the State Mediation and Conciliation Service who will provide findings and recommendations to the City Manager prior to consideration of the grievance by the City Manager. When the appeal is submitted to the City Manager, it shall specify whether the employee desires to have the appeal considered directly by the City Manager or reviewed first by an impartial arbitrator or state mediator. Such submission must occur within ten (10) working days after the Department Head's written answer is received. e. Advisory Arbitration An employee may elect to use an impartial arbitrator to provide an advisory opinion to the City Manager prior to the consideration of the grievance by the City Manager. After a hearing on the merits of the grievance and considering evidence from all parties concerned, the impartial arbitrator shall submit a written advisory opinion to the City Manager. Within ten (10) working days after receipt of the written advisory opinion of the impartial arbitrator, the City Manager shall meet with the employee and his/her designated representative, if any, and other appropriate persons to assess the grievance. The City Manager may affirm, reverse or modify the disposition of the grievance. The City Manager shall deliver a written decision to the employee 26 within five (5) working days after said meeting. The City Manager's decision shall conclude the administrative appeals procedure. If an employee elects to use an impartial arbitrator, the arbitrator shall be selected jointly by the employee and his/her designated representative, if any, and the City. The cost of the arbitrator, if any, shall be born equally by the employee and the City. f. State Mediation An employee may elect to use a certified mediator from the State Mediation and Conciliation Service to provide findings and recommendations to the City Manager prior to the consideration of the grievance by the City Manager. After a hearing on the merits of the grievance and considering evidence from all parties concerned, the certified mediator shall submit a written summary of his/her findings and recommendations to the City Manager. Within ten (10) working days after receipt of the written summary of findings and recommendations from the certified mediator, the City Manager shall meet with the employee and his/her designated representative, if any, and other appropriate persons to assess the grievance. The City Manager may affirm, reverse or modify the disposition of the grievance. The City Manager shall deliver a written decision to the employee within five (5) working days after said meeting. The City Manager's decision shall conclude the administrative appeals procedure. If an employee elects to certified mediator from the State Mediation and Conciliation Service, the certified mediator shall be selected jointly by the employee and his/her designated representative, if any, and the City. The cost of the certified mediator, if any, shall be born equally by the employee and the City. g. City Manager An employee may elect to submit the grievance directly to the City Manager for a final and binding decision. Within ten (10) working days after submission of the grievance to the City Manager, the City Manager shall meet with the employee and his/her designated representative, if any, and other appropriate persons to assess the grievance. The City Manager may affirm, reverse or modify the disposition of the grievance. The City Manager shall deliver written decision to the employee within five (5) working days after said meeting, and such decision shall conclude the administrative appeals procedure. h. Extension of Time 27 Any or all of the time limitations mentioned above with reference to filing and response times may be extended by mutual agreement between the employee and the City. XLIV. FAIR EMPLOYMENT PRACTICE The City of San Juan Capistrano assures any technique or procedure used in recruitment and selection of employees shall be designed to measure only the job-related qualifications of applicants. No recruitment or selection technique shall be used which, in the opinion of the Personnel Officer, is not justifiably linked to successful job performance. It is the policy of the City that no technique, procedure or policy in recruitment and selection shall be discriminatory to any group protected by state or federal legislation. XLV. NON-DISCRIMINATION POLICY The City shall offer equal employment to all persons without regard to race, creed, color, sex, age, national origin, religion, physical or mental handicap or veterans' status. No applicant is to be discriminated against or given preference because of these factors. This policy is intended to apply to recruiting, hiring, promotions, upgrading, layoffs, compensation, benefits, termination and all other privileges, terms and conditions of employment. XLVI. CONTINUATION OF BENEFITS All other fringe benefits previously granted and currently in effect to represented employees shall remain in full force and effect for the time period of May 1, 2011 to June 30, 2014 unless modified by the provisions of this agreement. XLVII. SEPARABILITY The provisions contained in this agreement have been bargained for and agreed to independently, and no particular clause, condition, or agreement is contingent or dependent upon any other; therefore, should any such clause, condition, or agreement be held to be void or unenforceable, the remainder of the terms and conditions of this agreement shall remain in full force and effect. XLVIII. PERSONNEL RULES Proposed changes to the Personnel Rules submitted during the negotiation of this agreement are to be negotiated separately between January 1- June 30, 2012. Such proposed changes are subject to meet and confer and unilateral implementation in the absence of an agreement. Any further changes during the term of this contract are subject to meet and confer and mutual agreement prior to implementation. 28 This agreement, entered into this d a y of jczeufo_ 2f12. SAN JUAN CAPISTRANO MUNICIPAL EMPLOYEES RELATIONS OFFICER K �r n P. Bru t, City 0anager SAN JUAN-CAPISTRANO CITY EMPLOYEES ASSOCIATION ,/gut.horqe', re"s' entative Authorized Representative ATTEST': CI Y OF SAN JUAN CAPISTRANO I` MarkM,ris City Clerk Apprqvpd by the City Council of the City of San Juan Capistrano on this day of 2012. 29 RESOLUTION NO. 12-02-07-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 94-12-6-5, THE CITY'S CLASSIFICATION AND COMPENSATION PLAN WHEREAS, the City Council of the City of San Juan Capistrano is authorized and directed under the City's Personnel Rules and Regulations to adopt and amend a Personnel Classification and Compensation Plan in order to administer the City's Personnel Management System, and, WHEREAS, agreement has been reached between the City and the San Juan Capistrano Management and Professional Employees Association; and, WHEREAS, agreement has been reached between the City and the San Juan Capistrano Classified Employees Association; and, WHEREAS, agreement has been reached with the Unrepresented Employees; and, WHEREAS, the City now desires to amend the Personnel Classification and Compensation Plans in order to implement the salary increases for the members of the Management and Professional Employees Association, the Classified Employees Association, and the Unrepresented Employees and provide similar compensation for -- all part-time and temporary, full-time employees in the classifications listed in Exhibits A through G; and, WHEREAS, the City has listed unrepresented part-time classifications in Exhibit H; and, WHEREAS, the City's Personnel Rules and Regulations provide that adoption or amendment of the City's Personnel Classification and Compensation Plans shall be made by resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby amend Resolution No. 94-12-6-5, the City's Personnel Classification and Compensation Plans as set forth in Exhibits A through H. PASSED, APPROVED, AND ADOPTED this 7th day of February, 2012. j r� LARRY AMER, MAYOR ATTEST: ' MARIA MOR IS, CITY CL K �` - 1 2/7/2012 STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 12-02-07-44 was duly adopted by the Cit Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 7 day of February 2012, by the following vote: AYES: COUNCIL MEMBERS: Freese, Taylor, Allevato and Mayor Kramer NOES: COUNCIL MEMBER: Reeve ABSEN COUNCIL MEMBER: None MART MORRIS. C rk 2 2/7/2012 F-- F --- t. CITY OF SAN JUAN CAPISTRANO Effective Date:January 1,2012 Compensation Plan Management and Professional Employees Association Class Tale Grade Class Step_1 Step_2 Sts 3 Step 4 Step 5 Management Analyst 47 2120 4,771 5,009 5,260 5,523 5,799 Systems Business Analyst 56 2130 5,958 6,256 6,569 6,897 7,242 Senior Financial Analyst 56 2140 5,958 6,256 6,569 6,897 7,242 Senior Managment Analyst 56 2110 51958 6,256 6,569 6,897 7,242 Historic Preservation Manager 57 3050 6,107 6,413 6,733 7,070 7,423 Senior Planner 57 3025 6,107 6,413 6,733 7,070 7,423 Executive Services Manager 58 2150 6,260 6,573 6,902 7,247 7,609 Community Services Manager 60 4020 6,577 6,906 7,251 7.613 7,994 Principal Planner 60 3030 6,577 6,906 7,251 7,613 7,994 Safety and Emergency Services Manager 61 2115 6,741 7,078 7,432 7,804 8,194 Senior Engineer 62 5020 6,910 7,255 7,618 7,999 8,399 Accounting Manager 63 1130 7,083 7,437 7,808 8,199 8,609 Public Warks Manager 63 6020 7,083 7,437 7,808 8,199 8,609 Technology Services Manager 63 2160 7,083 7,437 7,808 8,199 8,609 Senior Civil Engineer 64 5015 7,260 7,623 8,004 8,404 8,824 Senior Civil Engineer-Environmental Services 64 5016 7,260 7,623 8,004 8,404 8,824 Economic Development/Redevelopment Manager 66 1410 7,627 8,008 8,409 8,829 9,271 Building&Code Enforcement Manager 67 5110 7,818 8,209 8,619 9.050 9,503 Utilities Engineer 67 7130 7,818 8,209 8,619 9,050 9,543 Assistant Financial Services Director 68 1120 8,013 8,414 8,835 9,276 9,744 Assistant Public Works Director 68 5020 8,013 8,414 8,835 9,276 9,740 Assistant Development Services Director 66 3020 8,013 8,414 8,835 9,276 9,740 Assistant Utilities Director 69 7110 6,214 8,624 9,055 9,509 9,984 flD 1 n CITY OF SAN JUAN CAPISTRANO Effective Date:July 11 2012 Compensation Pian Management and Professional Employees Association Salary Schedule Class Title _ Grade Class Step 1 Step 2 Step 3 Step 4 Step 5 Management Analyst 47 2120 4,914 5,160 5,418 5,689 5,973 Systems Business Analyst 66 2130 8,137 6,444 6,766 7,104 7,460 Senior Financial Analyst 56 2140 6,137 6,444 6,766 7,104 7,460 Senior Managment Analyst 56 2110 6,137 6,444 6,766 7,104 7,460 Historic Preservation Manager 57 3080 6,290 6,605 6,935 7,282 7,646 Senior Planner 57 3025 6,290 6,605 6,535 7,282 7,646 Executive Services Manager 58 2150 6.448 6,770 7,109 7,464 7,837 Community Services Manager 60 4020 6,774 7,113 7,468 7,842 8,234 Principal Planner 60 3030 8,774 7,113 7,468 7,842 8,234 Safety and Emergency Services Manager 61 2115 6,943 7,291 7,655 8,038 8,440 N Senior Engineer 62 5020 7,117 7,473 7,647 8,239 8,659 Accounting Manager 63 1130 7,295 7,660 8,043 8,445 8,867 Public Works Manager 63 6020 7,295 7,660 8,043 8,445 8,867 Technology Services Manager 63 2160 7,295 7,660 8,043 8,445 8,667 Senior Civil Engineer 64 5015 7,477 7,851 8,244 8,656 9,089 Senior Civil Engineer-Environmental Services 64 5016 7,477 7,851 8,244 8,656 9,089 Economic Development/Redevelopment Manager 66 1410 7,856 8,249 8,661 9,094 9,549 Building&Code Enforcement Manager 57 5110 8,052 8,455 8,878 9,322 9,788 Utilities Engineer 67 7130 8,052 8,455 8,878 9,322 9,788 Assistant Financial Services Director 68 1120 8,254 8,866 9,100 9,555 10,032 Assistant Public Works Director 66 5420 8,254 8,666 9,100 9,555 10,032 = Assistant Development Services Director 68 3020 8,254 8,665 9,100 9,555 110,032 40 Assistant Utilities Director 69 7110 8,460 8,883 9,327 9,793 10,283 CU CITY OF SAN JUAN CAPISTRANO Effective Rate-July 1,2013 Compensation Plan Management and Professional Employees Association Salary Schedule Class Title Grade Class Step 1 Step 2 Step 3 Step 4 Step 6 Management Analyst 47 2120 5,081 5,316 5,680 5,859 6,162 Systems Business Analyst 56 2130 6,321 6,637 6,969 7,317 7,683 Senior Financial Analyst 56 2140 6,321 6,637 6,969 7,317 7,683 Senior Managment Analyst 68 2110 6,321 6,637 6,969 7,317 7,683 Historic Preservation Manager 57 3060 6,479 6,803 7,143 7,500 7,875 Senior Planner 57 3025 6,479 6,803 7,143 7,500 7,875 Executive Services Manager 58 2150 6,641 6,973 7,322 7,688 8,072 Community Services Manager 60 4020 6,977 7,326 7,693 8,077 8,481 Principal Planner 60 3030 6,977 7,326 7,693 8,077 8,481 Safety and Emergency Services Manager 61 2115 7,152 7,509 7,885 8,279 8,693 Senior Engineer 62 5020 7,331 7,697 8,082 8,486 8,910 Accounting Manager 63 1130 7,514 7,890 8,284 8,698 9,133 Public Works Manager 63 6020 7,514 7,890 8,264 8,698 9,133 Technology Services Manager 63 2160 7,514 7,890 8,284 8,698 9,133 Senior Civil Engineer 64 5015 7,702 8,087 8,491 8,916 9,361 Senior Civil Engineer-Environmental Services 64 5016 7,702 8,087 8,491 8,916 9,369 Economic Development/Redevelopment manager 66 1410 8,092 8,496 8,921 9,367 9,635 Building&Code Enforcement Manager 67 5110 8,294 8,709 9,144 9,601 10,081 Utilities Engineer 67 7130 8,294 8,709 9,144 9,601 10,081 Assistant Financial Services DIrector 68 1120 8,501 8,926 9,373 9,841 10,333 rT1 Assistant Public Works director 68 5020 8,501 8,926 9,373 9,841 10,333 ]= Assistant Development Services Director 68 3020 8,501 8,926 9,373 9,841 10,333 00 ^l Assistant Utilities Director 69 7110 8,714 9,149 9,607 10,067 10,592 n CITY OF SAN JUAN CAPISTRANO Effective Date: July 1,2012 Compensation Plan Classified Employee Association Salary Schedule Class Title Grade Class Step 1 Step 2 Stop_3 Step 4 Step 5 Utiliites Operator Trainee 11 7070 2,015 2,115 2,221 2,332 2,449 Office Assistant 25 2035 2,847 2,989 3,138 3,295 3,460 Accounting Clerk 33 1155 3,468 3,642 3,824 4,015 4,216 Maintenance Worker 1 33 6060 3,468 3,642 3,824 4,015 4,216 Accounting Specialist 35 1150 3,644 3,826 4,017 4,218 4,429 Customer Service Representative 35 1170 3,644 3,826 4,017 4,218 4,429 Maintenance Worker II 35 6050 31844 3,826 4,017 4,218 4,429 Utilities Operator 1 35 7060 3,644 3,826 4,017 4,218 4,429 Administrative Specialist 36 2030 3,735 3,922 4,118 4,324 4,540 Field Customer Sery Representative 37 1165 3,828 4,020 4,221 4,432 4,653 Senior Accounting Specialist 39 1140 4,022 4,223 4,435 4,656 4,889 Utilities Operator II 39 7050 4,022 4,223 4,435 4,656 4,889 Senior Maintenance Worker 40 6040 4,123 4,329 4,545 4,773 5,011 Utilities Operator II-Groundwater Treatment Plant 41 7051 4,226 4,437 4,659 4,892 5,137 Administrative Coordinator 42 2020 4,332 4,548 4,775 5,014 5,265 Deputy City Cleric 42 1320 4,332 4,548 4,775 5,014 5,265 Engineering Technician 42 5050 4,332 4,548 4,775 5,014 5,265 Human Resources Assistant 42 1220 4,332 4,548 4,775 5,014 5,265 2 'Part-time hourly positions are paid in hourly equivalent of monthly salary. O CITY OF SAN JUAN CAPISTRANO Effective Date:July 1,2012 Compensation Plan Classified Employee Association Salary Schedule Class Title Grade Class Stop 1 Stop 2 Stop 3 Stop 4 Step 5 Planning'technician 42 3050 4,332 4,548 4,775 5,014 5,265 Community Services Coordinator 43 4030 4,440 4,662 4,895 5,140 5,397 Executive Assistant 44 2010 4,551 4,778 5,017 5,268 5,532 GIS Specialist 44 5051 4,551 4,778 5,017 5,268 5,532 Housing/Redevelopment Coordinator 44 1420 4,551 4,778 5,017 5,268 5,532 Permit Technician 44 5140 4,551 4,778 5,017 5,268 5,532 u+ Utilities Operator III 45 7040 4,665 4,898 5,143 5,400 5,670 Engineering Assistant 46 5037 4,781 5,020 5,271 5,535 5,812 Senior Permit Technician 46 5135 4,781 5,020 5,271 5,535 5,812 Public Works Supervisor 47 6030 4,901 5,146 5,403 5,673 5,957 Senior Citizen Program Coordinator 47 4025 4,901 5,146 5,403 5,673 5,957 Utilities Operator Ill-Groundwater Treatment Plant 47 7041 4,901 5,146 5,403 5,673 5,957 Accountant 48 1135 5,023 5,274 5,538 5,815 6,106 Assistant Planner 48 3045 5,023 5,274 5,538 5,815 6,106 Customer Service Supervisor 48 1175 5,023 5,274 5,538 5,815 6,106 Senior Executive Assistant 48 2015 5,023 5,274 5,538 5,815 6,106 Building&Grading Inspector 49 5120 5,149 5,406 5,677 5,960 6,258 Code Enforcement Officer 49 5130 5,149 5,406 5,677 5,960 6,258 'Part-time hourly positions are paid in hourly equivalent of monthly salary. CITY OF SAN JUAN CAPISTRANO Effective Date:July 1,2012 Compensation Plan Classified Employee Association Salary Schedule Class Title Grade Class Step 1 Step 2 Stop 3 Step 4 Step 5 Water Conservation Coordinator 49 7030 5,149 5,406 5,677 5,960 6,258 Water Construction Inspector 49 5040 5,149 5,406 5,677 5,960 6,258 Associate Planner 52 3040 5,545 5,822 61113 6,419 6,740 Water Construction Inspector 52 5045 5,545 5,822 6,113 6,419 6,740 Utility Programs Supervisor 53 7015 5,683 5,967 6,266 6,579 6,908 ❑, Assistant Engineer 54 5035 5,825 6,117 6,422 6,744 7,081 Utilities Superintendent 55 7020 5,971 6,270 6,583 6,912 7,258 Associate Engineer 58 5030 6,430 6,752 7,089 7,444 7,816 Chief Plant Operator 61 7025 6,925 7,271 7,834 8,016 8,417 'Part-time hourly positions are paid in hourly equivalent of monthly salary. CITY OF SAN JUAN CAPISTRANO Effective Date:July 1,2013 Compensation Plan Classified Employee Association Salary Schedule Class Title Grade Class Stop 1 Step 2 Step 3 Stop 4 Step 5 Utiliites Operator Trainee 11 7070 2,075 2,179 2,288 2,402 2,522 Office Assistant 25 2035 2,932 3,079 3.233 3,394 3,564 Accounting Clerk 33 1155 3,572 3,751 3,939 4,136 4,342 Maintenance Worker 1 33 6060 3,572 3,751 3,939 4,136 4,342 Accounting Specialist 35 1150 3,753 3,941 4,138 4,345 4,5B2 Customer Service Representative 35 1170 3,753 3,941 4,138 4,345 4,562 Maintenance Worker II 35 6050 3,753 3,941 4,138 4,345 4,562 y Utilities Operator 1 35 7060 3,753 3,941 4,138 4,345 4,562 Administrative Specialist 36 2030 3,847 4,039 4,241 4,453 4,676 Field Customer Sery Representative 37 1165 3,943 4,140 4,347 4,565 4,793 Senior Accounting Specialist 39 1140 4,143 4,350 4,588 4,796 5,036 Utilities Operator 11 39 7050 4,143 4,350 4,568 4,796 5,036 Senior Maintenance Worker 40 6040 4,246 4,459 4,682 4,916 5,162 Utilities Operator 11-Groundwater Treatment Plant 41 7051 4,353 4,570 4,799 5,039 5,291 Administrative Coordinator 42 2020 4,461 4,685 4,919 5,165 5,423 Deputy City Clerk 42 1320 4,461 4,685 4,919 5,165 5,423 Engineering Technician 42 5050 4,461 4,685 4,919 5,165 5,423 Human Resources Assistant 42 1220 4,461 4,685 4,919 5,165 5,423 002 'Part-time hourly positions are paid in hourly equivalent of monthly salary. M CITY OF SAN JUAN CAPISTRANO Effective Cate:July 1, 2013 Compensation Plan Classified Employee Association Salary Schedule Class Title Grade Class stop 1 Step 2_ Stop 3 Step 4 Step 6 Planning Technician 42 3054 4,461 4,685 4,919 5,165 5,423 Community Services Coordinator 43 4030 4,573 4,802 5,042 5,294 5,558 Executive Assistant 44 2010 4,687 4,922 5,168 5,426 5,697 GIS Specialist 44 5051 4,687 4,922 5,168 5,426 5,697 Housing/Redevelopment Coordinator 44 1420 4,687 4,922 5,168 5,428 5,697 Permit Technician 44 5140 4,687 4,922 5,168 5,426 5,697 Utilities Operator III 45 7040 4,804 5,045 5,297 5,562 5,840 m Engineering Assistant 46 5037 4,925 5,171 5,429 5,701 5,986 Senior Permit Technician 46 5135 4,925 5,171 5,429 5,701 5,986 Public Works Supervisor 47 6030 5,448 5,300 5,565 5,843 6,136 Senior Citizen Program Coordinator 47 4025 5,048 5,300 5,585 5,843 6,136 Utilities Operator Ill-Groundwater Treatment Plant 47 7041 5,048 5,300 5,565 5,843 6,136 Accountant 48 1135 5,174 5,433 5,704 5,989 0,289 Assistant Planner 48 3045 5,174 5,433 5,704 5,989 6,289 Customer Service Supervisor 48 1175 5,174 5,433 5,744 5,989 6,289 Senior Executive Assistant 48 2015 5,174 5,433 5,704 5,969 5,289 Building&Grading Inspector 49 5120 5,303 5,568 5,847 6,139 8,446 Code Enforcement Officer 49 5130 5,303 5,568 5,847 6,139 5,446 "Part-time hourly positions are paid In hourly equivalent of monthly salary. CITY OF SAN JUAN CAPISTRANO Effective Date:July 1,2013 Compensation Plan Classified Employee Association Salary Schedule Class Title Grade Class Step 1 Step 2 Step 3 Stop 4 Stop 5 Water Conservation Coordinator 49 7030 5,303 6,568 5,847 6,139 6,446 Water Construction Inspector 49 5040 5,303 5,568 5,847 6,139 6,446 Associate Planner 52 3040 5,711 5,997 6,296 6,611 6,942 Water Construction Inspector 52 5045 5,711 5,997 6,296 6,611 6,942 Utility Programs Supervisor 53 7015 5,854 6,147 6,454 6,777 7,115 Assistant Engineer 54 5035 6,040 6,300 6,615 6,946 7,293 `O Utilities Superintendent 55 7020 6,150 6,458 6,781 7,120 7,476 Associate Engineer 58 5030 5,623 6,954 7,302 7,667 8,050 Chief Plant Operator 61 7025 7,132 7,489 7,863 8,257 8,669 *Part-time hourly positions are paid in hourly equivalent of monthly Salary. CITY OF SAN JUAN CAPISTRANO Effective Date:July 1,2012 Compensation Plan Executive Employee Salary Schedule Class Title Grade Class Step 1 Step 2 Step 3 Step 4 step 5 Human Resources Manager* 67 7130 7,973 8,372 8,790 9,230 9,692 Development Services Director 78 3010 10,462 10,985 11,534 12,111 12,716 Public Works Director 79 6010 10,723 11,259 11,822 12,413 13,034 Utilities Director 79 7010 10,723 11,259 11,822 12,413 13,034 Chief financial Officer 81 1020 11,266 11,829 12,421 13,042 13,594 Assistant City Manager 81 1030 11,266 11,829 12,421 13,042 13,694 City Cleric /Per contract City Manager /Per contract "-Human Resources Manager position placed at the next closest higher range In the Executive Grade Table. CITY OF SAN JUAN CAPISTRANO Effective Date: July 1, 2013 Compensation Plan Executive Employee Salary Schedule Class Title Grade Class Stop 1 Stop 2 Stop 3 Stop 4 stop 6 Human Resouroes Manager 67 7130 8,133 8,539 8,966 9,415 9,885 Development Services Director 78 3010 10,671 11,204 11,765 12,353 12,970 Public Works Director 79 6010 10,938 11,484 12,059 12,662 13,295 Utilities Director 79 7010 10,938 11,484 12,059 12,662 13,295 Chief Financial Officer 81 1020 11,491 12,066 12,669 13,303 13,968 Assistant City Manager 81 1030 11,491 12,066 12,669 13,303 13,968 City Clerk /Per contract City Manager /Per contract x 1� G] CITY OF SAN JUAN CAPISTRANO Effective Date: February 7,2012 Compensation Plan Employee Salary Schedule Unrepresented Part Time Classifications Class Title Grade Class Step 1 Step 2 Stop 3 Step 4 Step 5 Recreation Leader` 15 4040 2159 2267 2380 2499 2624 Administrative Intem' 16 2040 2213 2324 2440 2562 2690 Engineering Intem' 16 5050 22113 2324 2440 2562 2690 Planning Intern* 16 3055 2213 2324 2440 2562 2590 Senior Recreation Leader* 25 4035 2764 2902 3048 3200 3360 Volunteer Coordinator 47 2210 4759 4996 5246 5509 5784 1 r.a T� i 'Part-time hourly positions are paid in hourly equivalent of monthly salary. 2{712012 AGENDA REPORT" D16 TO: Honorable Mayor and Members of the City Council FROM: Karen P. Brust, City Manage ", SUBJECT: Consideration of Memorandums of Understanding - San Juan Capistrano Management and Professional Employees Association (MPEG) and San Juan Capistrano Classified Employees Association (CEA); and a Resolution Amending the City's Personnel Classification and Compensation Plans for MPEA, CEA and Unrepresented Employees RECOMMENDATION: By Motion, 1. Approve the Memorandum of Understanding with the San Juan Capistrano Management and Professional Employees Association (MPEA); and, 2. Approve the Memorandum of Understanding with the San Juan Capistrano Classified Employees' Association (CEA); and, 3. Adopt a Resolution amending the City's Personnel Classification and Compensation Plans for MPEA, CEA and Unrepresented Employees. SITUATION: Pursuant to the requirements of the Myers-Milias, Brown Act governing collective bargaining in the State of California, representatives of the City of San Juan Capistrano reached tentative agreements on terms and conditions of employment with the San Juan Capistrano Management and Professional Employees Association (MPEA); and the San Juan Capistrano Classified Employees Association (CEA). The agreements, which cover the period from May 1, 2011, through June 30, 2014, are outlined below: Pension Changes The agreements include changes that model the Association of California Cities' best practices for controlling pension costs. These are pension reform measures that will contain the City's long term pension obligations. All employees including, MPEA, CEA, and Executive Employees, will soon be paying their full share of retirement costs. Employees hired as of January 1, 2012, will immediately pay the full cost of their retirement contribution. Effective July 1, 2012, current employees will pay fifty percent Agenda Report Page 2 February 7, 2012 (50%) of the employee contribution that is being paid by the City. Subsequently, effective July 1, 2013, all employees will pay the full amount of the employee contribution, which will reduce the City's payroll-related costs by approximately 5 to 6 percent of salary. Employees will soon pay an amount equal to 8% to 14% of their salary toward retirement; the average employee will pay 11.36 percent. The City will also adopt the Orange County Employees Association's (OCERS) lower cost 2%@57 retirement formula. Under this formula, new employees hired after July 1, 2012, accrue a substantially reduced retirement benefit and must work longer to earn a pension. Further pension cost saving measures are the elimination of the City's contribution to the Retiree Health Savings plan and the City's 1% matching contribution to the MPEA deferred compensation plan. These additional measures are retroactive to January 1, 2012. Benefit Reductions The agreements eliminate the cash back option for selecting lower cost medical insurance plans for all employees, a $5,000 individual annual cap on tuition reimbursement and the elimination of the hardship leave buyback for MPEA employees. These changes are effective July 1, 2012. Executive employees will also be paying their full share of retirement costs, be subject to the lower cost benefit formula as well as the same pension and similar benefit reductions. Salary Adjustments To offset some of the pension and benefit reductions and the 3% rise in the consumer price index, the salary ranges of classifications represented by CEA will increase 3% effective July 1, 2012, and 3% on July 1, 2013. The salary ranges of classifications represented by MPEA will receive the same adjustments in addition to a 1% increase effective January 1, 2012. The 1% increase is in exchange for larger benefit and pension reductions. Salary ranges for executive employees will increase 2% effective July 1, 2012, and 2% on July 1, 2013. Leaves Beginning July 1, 2012, floating holiday leave will increase from 10 to 20 hours a year. For CEA the vacation accrual cap will increase from 300 to 340 hours and the maximum compensatory time accrual will increase from 120 hours to 220 hours. City Nall Closure Beginning in 2012, City Hall will close from the Christmas Eve holiday through the New Year's day holiday. This is unpaid leave but employees may use accrued leave or Agenda Report Page 3 February 7, 2012 unpaid leave during the closure. Each year the City shall establish minimum staffing levels to ensure uninterrupted delivery of essential services. Background: Employees have not received salary adjustments since July 2008. Additionally, since July 2008, all employees agreed to work furloughs for a period of 5 days (44 hours without pay) in 2008 or 2.1% of salary; 3 days (27 hours without pay) in 2009 or 1.3% of salary; and 6 days (54 hours without pay) in 2010 or 2.6% of salary. The current Memorandums of Understanding (MOUs) with MPEA and CEA expired on June 30, 2010. An agreement was reached on November 23, 2010, to extend the MOUs to May 1, 2011, with the understanding that negotiations would continue no later than January 31, 2011. Negotiations resumed in January 2011 and were then placed on hold in May 2011, pending the appointment of a new City Manager. Negotiations resumed on November 15, 2011, and tentative agreements have been reached. The City was represented by Cindy Russell, Chief Financial Officer and Steve Dunn, Consultant. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not Applicable. FINANCIAL CONSIDERATIONS: The total cost of this three year agreement is $81,005, or 0.78% of total compensation as of July 1, 2011. The net cost of these negotiations for Fiscal Years 2011-12 and 2012-13 is a savings of $11,950 and $750, respectively due to the majority of benefit reductions occurring at January 1, 2012, and July 1, 2012. The cost for Fiscal Year 2013-14 is projected to be $93,706. The lower costing 2%@57 benefit formula will initially provide a small savings but the long term savings will be significant as new employees are hired into the lower cost retirement formula. NOTIFICATION: MPEA CEA Agenda Report Page 4 February 7, 2012 RECOMMENDATION: By Motion, 1. Approve the Memorandum of Understanding with the San Juan Capistrano Management and Professional Employees Association (MPEA); and, 2. Approve the Memorandum of Understanding with the San Juan Capistrano Classified Employees Association (CEA); and, 3. Adopt a Resolution amending the City's Personnel Classification and Compensation Plans for MPEA, CEA and Unrepresented Employees. Respectfully submitted, Prepared by, Karen P. Brust Steve Dunn, C nsultant City Manager Cindy Ru ell, Chief Financial Officer Tom Bokosky, H an Resources Manager Attachments: 1. Memorandum of Understanding, San Juan Capistrano Management and. Professional Employees Association (copies on file in the City Clerk's Office) 2. Memorandum of Understanding, San Juan Capistrano Classified Employees Association (copies on file in the City Clerk's Office) 3. Resolution amending the City's Personnel Classification and Compensation Plans MEMORANDUM OF UNDERSTANDING May 1, 2011 - Jure 30, 2014 BETWEEN CITY OF SAN JUAN CAPISTRANO AND SAN JUAN CAPISTRANO MANAGEMENT AND PROFESSIONAL EMPLOYEES ASSOCIATION TABLE OF CONTENTS PAGE NO. Agreement ............................................................................................. 1 Recognition..................................._..... ..............................__.............. 1 I. Salary...... ..................................... ..........................__... .... 1 It. Pay Plan Structure .......................................................................... 1 III. Management Flextime.....................................................................2 IV. Emergency Work Pay......................................................................3 V. Bilingual Pay......... ............................. .........................._3 VI. Work Boot Reimbursement .............................................................3 Vll. Deferred Compensation Program....................................................3 VI 11, Mileage Reimbursement..................................................................4 IX. Auto Allowance................................................................................4 X. Ride Share Program........................................................................4 XI. Tuition Reimbursement Program.....................................................4 XII. Vacation ..........................................................................................5 XIII. Sick Leave.......................................................................................6 XIV. Bereavement Leave ........................................................................9 XV. School Activity Leave ......................................................................9 XVI, Jury Duty Leave ............................................................................ 10 XVII. Donation of Blood.......................................................................... 10 XVIII. Family Care Leave ......___..... ................. ........................_ 10 XIX. On-the-Job Injury Leave................................................................ 12 XX. Compensation for Job Connected Illness or Injury ....................... 12 XXI. Non-Work Related Disability Leave .............................................. 12 XXII. Military Leave ................................................................................ 12 XXII1. Leave of Absence Without Pay ..................................................... 13 XXIV. Administrative Leave..................................... ............................... 13 XXV. Unauthorized Absence.................................................................. 13 XXVI. Holidays.,......_.... ............................... ........ ................... ........ 13 XXVII. Floating Holiday........... ...... .................... ............................ 15 XXVIII. Medical, Vision, Dental Insurance and Cobra................................ 15 XXIX. IRS Code Section 125 Plan........................................................... 16 XXX. Retired Employee Health Care...................................................... 16 XXXI. Life Insurance......... ................................ ....................... .... 16 XXXII. CalPERS Long Term Care ............................................................ 16 XXXIII, Pre-Paid Legal Services................................................................ 16 XXXIV. College Savings Program (529 Plan) ............................................ 17 XXXV. Retiring Employee Recognition Program ...................................... 17 XXXVI. Retirement Plan............................................................................. 17 XXXVII. 401(a) Program ............................................................................. 17 XXXVIII. Short/Long Term Disability Insurance ........................................... 18 XXXIX. Acting Status ................................................................................. 18 XL. Reclassification of Position............................................................ '18 XLI. Promotions, Transfers and Voluntary Demotions.......................... 18 XLII. Layoffs and Re-Employment ........................................................20 XLIII. Grievance Procedure ...................................................................23 XLIV. Fair Employment Practice .............................................................26 XLV. Non-Discrimination Policy ................... ..,...............26 XLVI. Continuation of Benefits ................................................................26 XLVII. Separability.......... ....... ........ ...... .............................26 XLVIII. Personnel Rules........................................... _..27 AGREEMENT This agreement is entered into by the parties on behalf of the City of San Juan Capistrano, hereinafter known as "the City," and the San Juan Capistrano Management and Professional Employees Association, hereinafter known as "the Management Association," in accordance with the provisions of Section 3500-3510 of the California Government Code, otherwise known as the Meyers-Milias-Brown Act, and the Employer-Employee Relations Resolution of the City of San Juan Capistrano for the period of time commencing May 1, 2011, through June 30, 2014. All provisions of this agreement are effective upon adoption of this agreement by the City Council unless otherwise specified. RECOGNITION The City recognizes the Management Association as the "recognized employee organization" for all employees within the unit of representation, consisting of regular full-time employees in the following classifications: Accounting Manager Principal Planner Assistant Financial Services Director Public Works Manager Assistant Development Services Director Senior Civil Engineer Assistant Public Works Director Safety & Emergency Services Manager Assistant Utilities Director Senior Civil Engineer— Environmental Services Building and Code Enforcement Manager Senior Engineer Community Services Manager Senior Financial Analyst Economic Development/Redevelopment Manager Senior Management Analyst Executive Services Manager Senior Planner Historic Preservation Manager Systems Business Analyst Management Analyst Technology Services Manager Utilities Engineer I. SALARY 111112: 1.0% - Salary Range Increase 711112: 3.0% - Salary Range Increase 711113: 3.0% - Salary Range Increase II. PAY PLAN STRUCTURE The basic pay range of all classifications shall consist of a Basic Compensation Schedule of hourly, bi-weekly and monthly rates. There shall be a five-percentage difference between each step in a five-step range. 1 A. Pay Increases On each anniversary date an employee shall be eligible for a one step (5%) adjustment until the maximum pay rate of the assigned class is reached. The adjustment shall be implemented upon recommendation by the department head and approval by the Personnel Officer. Pay adjustments delayed because of unsatisfactory performance, but granted after the anniversary date, shall affect the anniversary date and date the next pay increase will be considered. B. Pay Adjustment Upon Promotion Upon promotion, an employee is entitled to advance to the step of the new range that is at least 5% higher than the previously assigned rate. C. Pay Adjustment Upon Demotion When an employee is voluntarily demoted, a mutually agreed-upon pay step in the new range shall be assigned. When an employee is demoted as a result of disciplinary action, the appointing authority imposing the discipline shall set the step. D. Pay Adjustment Upon Re-employment Upon re-employment, an employee shall be assigned the same step in the salary range that had been attained prior to layoff. Benefit accruals shall be equal to the benefit level the employee attained prior to layoff, except as precluded by applicable law. E. Special Merit Pay A pay adjustment of up to 5% may be granted in advance of an employee's anniversary date in recognition of exceptional performance. The adjustment shall be made in rare cases and shall be recommended by the responsible department head and approved by the Personnel Officer, and must be accompanied by a current employee evaluation and memorandum supporting the request. Merit increases shall have no effect upon the anniversary date at which a regular step increase may be considered. Ill. MANAGEMENT FLEXTIME Management personnel may flex their schedule as needed during the pay period to allow for required attendance at extraordinary events or meetings or unscheduled or emergency situations. This option allows the management employee to operate with professional flexibility. Use of flextime will require prior approval by the Department 2 Head. Although management employees have the ability to flex their schedules, this does not include telecommuting in lieu of coming into the workplace. IV. EMERGENCY WORKER PAY The City agrees to meet and confer to create specific and legal language to be used, which would allow "exempt" employees to be eligible to be compensated for actual overtime hours worked as official emergency workers, in the event that a disaster or a state of emergency is declared by the City, county, state, or federal government. V. BILINGUAL PAY Qualified management employees who meet the following criteria shall receive a monthly stipend in recognition of their ability: 1. Employee must be assigned by the City Manager or his/her designee to speak and/or translate written material in a language in addition to English. This includes such specialized communication skills as sign language. 2. Employees must, as needed, speak and/or translate a second language. 1 Employees able to communicate and/or translate verbal information shall receive an additional $85 per month. 4. Employees able to translate verbal and written information shall receive an additional $125 per month. Employees assigned to translate written information will be required to be certified as qualified by the City. The City, at its discretion, may reassign an employee from a bilingual assignment to a position that does not require bilingual certification. An employee in a bilingual assignment may request assignment to a position that does not require bilingual certification. The request shall be made in writing to the City Manager, who will consider it according to City needs and availability of a qualified replacement. VI. WORK BOOT REIMBURSEMENT The City will provide a work boot reimbursement up to $160 per pair of work boots for all field positions in the unit of representation. Reimbursement shall be provided for up to two pairs of work boots per year. VII. DET=ERRED COMPENSATION PROGRAM City employees may elect to have a portion of their salary withheld. The deferred amount is tax free until actually received and is invested in the meantime. As 3 prescribed by applicable laws or plan provisions, funds may be withdrawn upon resignation, retirement or to a beneficiary upon death. Between May 1, 2011 and December 31, 2012, any employee participating in a deferred compensation program will receive a match by the City of up to 1.0% of salary. Beginning January 1, 2012, the City match will be eliminated. Vill. MILEAGE REIMBURSEMENT Management employees shall receive mileage reimbursement in accordance with IRS standards. IX. AUTO ALLOWANCE Management employees shall receive a monthly automobile allowance of$60.00. X. RIDE SHARE PROGRAM Employees who carpool, walk, bike, take the bus or the train at least twice per week shall, at the end of the fiscal year, be eligible for nine (9) hours of additional floating holiday time in the next fiscal year. XI. TUITION REIMBURSEMENT PROGRAM The Management and Professional Employees are hereby made eligible for the City's Tuition Reimbursement program. The annual benefit shall be up to a maximum of $5000Iyear, for a degree from an accredited college or university or certificate program. The City will provide up to $20,000 annually for all City employees to participate and carryover any remainder to the next fiscal year up to a total pool amount of $35,000. If annual requests exceed amount available, amounts would be prorated based on requests. Program details are identified in Administrative Policy No. 214, Employee Tuition Reimbursement Program. 4 XII. VACATION A. Vacation Accrual Management employees shall accrue vacation hours based on the following schedule: Length of Service Annual Hours Accrued 0 - 3 years 80 4 - 7 years 132 8 - 10 years 148 11 — 19 years 164 20 or more years 172 Accrual at the next highest incremental rate shall commence on the first day of the fourth, eighth, eleventh and twentieth year of employment, respectively. The maximum amount of vacation time, which may be accrued by management employees and used, for time-off shall be 300 hours; the employee shall forfeit any accumulation of hours above 300. The maximum amount of vacation time, which will be compensated for in cash upon separation from City, shall be 300 hours. It shall be the responsibility of the employee and the Department Head to assure that employees utilize credited vacation leave within the limitations set forth herein. Bargaining unit employees who have reached the maximum accrual of 300 hours shall have the right to "cash out" up to 40 hours of vacation per year if they have used at least two weeks of vacation within the previous 12 months, and obtain approval from their Department Head. Requests to "cash out" vacation based on the criteria stated above may be submitted when a bargaining unit employee reaches 280 hours. The hours will be paid out to the employee during the pay period when the employee reaches the 300 Dour limit to avoid the loss of any accrual due to the limit being reached. Effective January 1, 2012, City Manager Administrative Policy 224, allowing Financial Hardship Buy Back of Leave, is rescinded with respect to the bargaining unit. B. Vacation Usage Total vacation allowance shall be based upon the number of months of City service computed to the nearest half month. It shall be the responsibility of the employee and Department Head to assure utilization of credited vacation leave within the limitations set forth herein. The time during the calendar year at which an employee may take vacation leave 5 shall be determined by the Department Head but with due wish of the employee and particular regard for the needs of the City. Eligible employees shall accrue vacation beginning with the date of hire but may not utilize such during the first six months of employment. Any employee wishing to schedule vacation in excess of 10 working days must receive the approval of the Personnel Officer at least 30 days prior to the vacation time. The employee will receive a response within 14 days of submittal. Vacation time or any leave time requiring any combination of vacation, administrative leave, comp time, or holiday pay in excess of 10 consecutive working days shall be granted only in cases where special non-recurring conditions are present and will be based on the City's ability to provide adequate service coverage during the employee's absence. C. Vacation Benefits for Terminating Employees In the event of termination of employment, the employee shall be paid for any accrued vacation leave and compensation time, which has accrued within the limits specified above. D. Holidays Occurrin Durin Vacation When one or more legal municipal holidays fall within a vacation leave, such day or days shall not be charged as the vacation leave. Under these circumstances, an employee's vacation leave shall be extended accordingly for those employees eligible for such holidays. XIII. SICK LEAVE Sick leave shall mean the time during which an employee is permitted to be absent from the duties of City service by reason of sickness or injury which incapacitates or prevents the employee from performing assigned duties, without any deduction being made from salary or compensation, and shall include, in certain cases, serious illness or death of a member of the employee's immediate family. It will be the responsibility of the Department Head to periodically review the use of sick leave in the department. Use of sick leave may be used as a factor in determining employee performance for employee evaluations. The legitimate use of sick leave, which qualifies under the FMLA, shall not be used as a factor in determining employee performance for evaluations. A. Sick Leave Allowance All permanent full-time employees shall be entitled to eight (8) hours sick leave for each calendar month of service. There shall be no limit on the amount of sick leave, which may be accumulated. 6 B. When Sick Leave May Be Taken Sick leave may not be used until it is earned and shall be taken only in case of actual and necessary sickness or disability of the employee. Eligible employees may utilize a maximum of ninety-six (96) hours of accumulated sick leave with pay in the event of 1) the employee's presence is required elsewhere because of family medical and dental appointments, serious illness, injury, disability or death of a member of the employee's immediate family; 2) official order to appear in court as a litigant or as a witness; and 3) personal necessity as defined and limited below. Personal necessity leave can be used by an employee at a rate of 24 hours per year for absences other than illness or disability and the absences shall be deducted from accumulated sick leave. Sick leave or personal necessity leave is not intended for taking care of personal business, which could be taken care of at another time. Personal necessity is considered to be: i. A personal matter that requires your attention which cannot be taken care of except during the normal working hours, or ii. A matter that requires your attention, such as a hot water heater flooding your home, fire or robbery. The nature of the personal necessity need not be disclosed in writing on the Absence Request Form, but it shall be discussed with the employee's Supervisor, Department Head, and the Personnel Officer or his designee. All parties involved shall treat this information confidentially. Sick leave shall not be used in lieu of or in addition to vacation for the intent of extending vacation. When an employee is compelled to be absent from employment by reason of injury arising from and in the course of City employment as determined by the workers' compensation law, the employee may elect to apply accrued sick leave, if any, in such amount that when added to workers compensation benefits equals the employee's gross salary. Earned vacation time and compensatory time off may be utilized in a similar manner. C. Notification of Illness by Employee An employee on sick leave shall notify their supervisor no later than one (1) hour after the time set for beginning daily duties. When on FMLA leave, the employee will be required to notify the City in compliance with the Family Medical Leave Act. D. Return From Sick Leave Upon returning from sick leave, a physician's certificate may be required if, in the opinion of the Department Head, it appears that an employee is abusing sick leave 7 privileges or to determine the validity of the employee's absence during the time for which sick leave was requested. Any employee absent from duty on sick leave for three (3) consecutive work days due to illness or accident may, at the discretion of the Department Head, be required to submit to a physical examination by a physician designated by the City to determine fitness to return. E. Sick Leave Payout Prior to Separation of Employment i. Cash-out of Sick Leave Employees with more than 288 hours of accrued sick leave may cash-out that portion of such leave above 288 hours at the payout levels established in Section 7.13 of the Personnel Rules and Regulations. In July of each year, employees with more than 288 fours of accrued sick leave who have used two (2) workdays or less of.sick leave during the past fiscal year (July 1 — June 30), may cash-out up to two (2) workdays of sick leave at a conversion rate of 100%. ii. Conversion of Sick Leave to Vacation Leave Employees with more than 288 fours of accrued sick leave may convert to vacation leave that portion of such leave above 288 hours at the payout levels established in Section 7.13 of the Personnel Rules and Regulations. In July of each year, employees who use two (2) days or less of sick leave during the prior fiscal year (July 1- June 30) shall be allowed to convert, up to three (3) days to vacation leave, at a conversion rate of 100% provided that they retain at least eighty (80) hours of accrued sick leave. iii. Conversion of Sick Leave to Deferred Compensation In July of each fiscal year, employees may cash-out up to five (5) days of sick leave, at the payout levels established in Section 7.13 of the Personnel Rules and Regulations, provided they have contributed an equivalent amount to a Deferred Compensation account over the past fiscal year (July 1 — June 30) and will have at least eighty (80) hours of sick leave remaining. s F. Sick Leave Compensation Upon Termination of Em to ment City employees who terminate employment within the City shall be compensated in cash for unused sick leave at final rate of pay based on the following: Employees Hired Before July 1, 1999 Employees Hired On or After July 1 1999 Less than 2 years: None Less than 2 years: None 2 to less than 15 years: 50% More than 2 years: 50% 15 to less than 20 years: 75% 20 or more years: 100% There shall be no maximum amount of unused sick leave eligible for cash compensation subject to the foregoing schedule. XIV. BEREAVEMENT LEAVE An employee shall be granted a leave without loss of pay in case of death of a member of the employee's immediate family. Such leave is designated as bereavement leave. Up to five (5) days leave without loss of pay shall be granted for the death of a member of the employee's immediate family. Immediate family as used in this section is defined as the employee's spouse, child, foster child, grandchild, stepparent, legal guardian, stepchild, parent, brother, sister, grandparent, grandparent-in-law, mother-in-law, father-in-law or: A. Any other relative by blood or marriage who is a member of the employee's household. (Employees may be required to submit proof that the deceased relative was a member of the employee's household prior to the time of death.) B. Any other relative of the employee by blood or by marriage where it can be established by the employee that as a result of such relative's death, the employee's presence is required to handle funeral arrangements and/or matters of estate. In addition, bereavement leave may be granted on a case-by-case basis under other circumstances at the discretion of the City Manager when it is in the best interest of the City to do so. Time off beyond these parameters shall be charged to any type of available leave. Temporary and other part-time employees shall not be eligible for bereavement leave. XV. SCHOOL ACTIVITY LEAVE Pursuant to California Labor Code Sections 230.7 and 230.3, parents, guardians and 9 grandparents having custody, of school-age children shall be allowed leave from their jobs, with or without pay, as may be necessary to participate in school activities such as parent-teacher conferences, disciplinary matters, school programs and related events with their children. Such leave is limited to 40 hour's per school year, at a maximum of 8 hours per month. Employees must give reasonable advance notice to the employer to permit work coverage, and may be required to provide documentation from the school that the employee participated in the activity on the specific date and time. Leave properly requested in advance shall not be denied. XVI. JURY DUTY LEAVE Regular and probationary employees who are summoned to serve on jury duty or subpoenaed as a witness in any court in this State of the United States, or any administrative board of tribunals, shall be entitled to a leave of absence with pay while serving. Employees may keep fees and fees for mileage received while sewing. Employees must return to work if not required to attend jury duty on a particular day. XVII. DONATION OF BLOOD The City shall grant each employee in the unit of representation reasonable time off for the purpose of making a donation of blood. No charge will be made against vacation, sick or any other type of leave when such absence is approved in advanced by the employee's supervisorldepartment head. XVIII. FAMILY CARE LEAVE A. General Provisions i. Family Leave shall be granted to the extent required by law, including the following situations: a. An employee's serious health condition. b. The birth of a child or placement of a child for adoption or foster care. c. An employee's presence is needed to attend to a serious health condition of the employee's child, spouse, parent or child of an employee standing in loco parentis (those with day-to-day responsibilities to care for and financially support a child). ii. Employees must request and identify their need for Family Leave. The City agrees that certain other types of leaves available to employees under this Agreement may meet the requirements of Family Leave pursuant to applicable law. The City may apply any 10 time during which an employee is on such leave against the amount of Family Leave to which the employee is entitled. iii. Eligibility for Family Leave will be determined according to the requirements of applicable law. iv. When a request for Family Leave is approved, the department shall determine whether sick leave, compensatory, and/or vacation time is to be applied. Such determination shall be consistent with other leave provisions of this Agreement and shall give consideration to the circumstances and the wishes of the employee. The use of sick leave shall be restricted to those circumstances, which qualify under the provisions of the Personnel Rules and Regulations. v. The City will continue to pay agreed-upon medical contributions for the duration of an employee's approved leave, in accordance with the Federal Family and Medical Leave Act. B. Notification Re uirements i.lf the Family leave is foreseeable, the employee must provide the department with thirty (30) calendar days notice of his or her intent to take Family Leave. ii.lf the employee knows the event necessitating the Family Leave less than thirty (30) calendar days prior to the employee's need for Family Leave, the employee must provide as much notice as possible. In no case shall the employee provide notice later than five (5) calendar days after he or she learns of the need for Family Leave. iii.When the Family Leave is for the purpose of the scheduled medical treatment or planned medical care of a child, parent or spouse, the employee shall, to the extent practicable, schedule treatment and/or care in a way that minimizes disruption to City operations. iv.The City shall notify the employee that the employee is considered using leave per the FMLA as required by the Act. C. Verification As a condition to the approval of Family Leave, an employee may be required to furnish certification from the health care provider which states: (1) the date on which the condition commenced; (2) the probable duration of the condition; (3) an estimate of time that the employee needs to be off; (4) that the employee cannot perform his/her duties because of the 11 employee's own serious health condition or that care is needed when the leave is for an eligible family member pursuant to applicable law. XIX. ON-THE-JOB INJURY LEAVE Whenever an employee is compelled to be absent from active duty due to an injury disability arising out of and in the course of employment, such employee shall be entitled to receive an On-the-Job Injury Leave With Pay for up to the first three consecutive working days of such absence. The granting of such leave shall be conditioned upon the following: A. The absence is at the discretion of a licensed medical physician or other designated health care professional. B. Supervisory personnel have been properly notified of such injury or disability and an on-the-job injury report has been properly completed and submitted. C. The injury occurred while the employee was performing work duties on the job. Whenever the On-the-Job Injury Leave extends beyond the first three working days, the employee will be allowed to use accrued leave to supplement the Workers' Compensation allowance to achieve the equivalent of 100% of his/her salary. XX. COMPENSATION FOR JOB CONNECTED ILLNESS OR INJURY In accordance with Workers` Compensation laws, the City provides protection for employees in the event of on-the-job injuries. If an employee is injured on the job, the injury must be reported immediately to the supervisor - no matter how minor it seems. If necessary, the employee should receive first aid or medical treatment. Detailed instructions shall be given to the employee to initiate a workers' compensation claim as necessary. The Personnel Officer shall assure that required forms are completed in a timely manner. XXI. NON-WORK RELATED DISABILITY LEAVE If an employee is compelled to be absent from active duty due to a non-work related disability or accident, the City shall grant a leave of absence in accordance with state disability laws. The City provides long-term disability insurance coverage to assist an individual when this situation arises. XXII. MILITARY LEAVE Military leave shall be granted in accordance with the provisions of State and Federal law. All employees applying for military leave shall give the Department Head, within 12 the limits of military regulations, an opportunity to determine when such leave shall be taken. Employees may use compensatory time and vacation time for weekend drills. XXIII. LEAVE OF ABSENCE WITHOUT PAY The Personnel Officer, upon recommendation of the Department Head may grant leave of absence without pay in advance. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request. All requests shall be evaluated on basis of personal need, duration and work requirements. Any leave of absence without pay lasting more than fourteen (14) calendar days shall preclude employee from accruing leave time and other benefits after the 14th day. XXIV. ADMINISTRATIVE LEAVE All employees designated as Management shall accrue sixty-four (64) hours additional leave per year as compensation for hours worked over and above the normal work schedule. No more than 64 hours may be carried at any time. City will pay full accrued amount of Administrative Leave at separation. Administrative leave may be taken at any time on approval of the appointing authority. Management employees may buy back up to 64 hours each year, at the request of the employee. Management employees shall have the option of cashing out Administrative Leave in December and in June of each year, not to exceed sixty-four hours in any fiscal year; and/or carry over up to 64 hours of administrative leave at the end of the fiscal year, provided no more than 64 hours are carried at any time. Effective January 1, 2612, City Manager Administrative Policy 224, allowing Financial Hardship Buy Back of Leave, is rescinded with respect to the bargaining unit. XXV. UNAUTHORIZED ABSENCE A city employee who, without prior authorization, is absent or fails to discharge regularly assigned duties for a period of twenty-four (24) consecutive work hours shall be considered to have abandoned the job and may be subject to disciplinary action, including discharge. XXVI. HOLIDAYS All City employees shall have the following holidays with pay and shall not be required to work on such holidays except as hereinafter provided: A. January 1st (New Year's Day) B. Third Monday in February (Washington's Birthday) C. Last Monday in May (Memorial Day) D. July 4th (Independence Day) 13 E. First Monday in September (Labor Day) F. November 11th (Veteran's Day) G. Fourth Thursday in November (Thanksgiving Day) H. The day following Thanksgiving Day 1. December 24th (Christmas Eve) J. December 25th (Christmas Day) K. December 31st (New Year's Eve Day) L. Floating Holiday (10 hours, increased to 20 hours effective July 1 , 2012) Whenever a holiday falls on a Sunday not scheduled as a regular work day, the following Monday shall be observed as the holiday. Whenever a holiday falls on a Saturday not scheduled as a regular work day, the City will recognize the holiday on a case by case basis and observe it either on the Friday before the holiday or the Monday after the holiday, based on the needs of the community. The determination of the holiday observance will be made when the City issues the master holiday schedule each year. Employees on a 9180 schedule will be able to bank holiday hours for those holidays that occur on their flex day off. The following shall apply to the use of Holiday banked hours: • banked hours will be capped at 24 s hours banked are not compensable— they cannot be cashed out • banked hours must be used before any other kind of leave, except for sick leave ® employees will be strongly encouraged to use banked hours within a reasonable period of time, preferably by the end of each fiscal year. An employee must have been paid for the entire amount of regularly scheduled hours of the days immediately prior to and following a City holiday in order to be paid holiday pay. City Hall Closure between Christmas and New Year's: City Hall will be closed from the Christmas Eve holiday through the New Year's day holiday beginning with the Christmas Eve holiday 2012 and again beginning with the Christmas Eve holiday 2013. Employees shall use appropriate accrued paid leave (Management Leave, Holiday Bank or Vacation leave, Floating Holiday, not sick leave), or leave without pay to cover the closed days that would otherwise be work days from the day after the Christmas Day holiday through the day before the New Year's Eve holiday. The closure during these periods may be rescinded by the City Council if, in their collective judgment, significant community feedback is received in opposition to the closure. The City Council shall provide the Association with eleven months advance notice of their decision to rescind the closure of City offices. Certain employees will be required to work to provide essential services. Essential services required to be provided during the closure will be determined by the City no 14 later than July 1 of each year and notification will be provided to the employees required to work during the closure. XXVI1. FLOATING HOLIDAY Probationary and regular full-time employee shall be credited with a total of ten hours of compensated time off on July 1st of each year. Effective July 1, 2012, the 10 fours of compensated time shall increase to twenty (20) hours annually. The time(s), which the employee may elect to use, shall be arranged with and approved by the employee's supervisor and Department Head and approved by the City Manager. The floating holiday must be used prior to June 30 or shall be forfeited. XXVIII. MEDICAL, VISION, DENTAL INSURANCE AND COBRA The City provides medical, vision and dental insurance for City employees. The insurance becomes effective the first day of the month following the date of hire. A. Medical Insurance - CalPERS The City' shall provide active employees in the bargaining unit up to the highest CaIPERS HMO premium in each coverage category (E, E+1 or E+Family). Until June 30, 2012, employees enrolling with medical carriers with premiums lower than the highest HMO in their coverage category shall receive the difference between their premium and the highest HMO premium in their coverage category. After .June 30, 2012, employees will no longer receive this difference between the highest HMO premium in their coverage category and the lower premium they selected. Single coverage employees shall continue to receive the existing reimbursement of $137.50 per month until June 30, 2012. Beginning June 30, 2012, single coverage employees will no longer receive the existing reimbursement of $137.50 per month. i. Opting out of Medical Insurance The City shall allow employees who show proof of group medical insurance coverage provided by a spouse, to opt out of the City's medical insurance coverage. The City shall provide to employees who wish to opt out of medical insurance coverage and meet the above criteria, an "opting out" amount of $325 per month. Employees must remain enrolled in the City's dental and vision plans. B. Vision Insurance - Vision Service Plan C. Dental Insurance — Aetna 15 D. COBRA The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) requires that the group health plans provide employees and their dependents the opportunity to continue health care coverage under the plan in certain circumstances where coverage under the group health plan would otherwise terminate. While the City must make continued health coverage available, it can charge qualified beneficiaries up to 102% of the cost of coverage if continuation of benefits under the group plan is desired. Administered by CONEXIS. XXIX. IRS CODE SECTION 125 PLAN The City shall set up a Cafeteria Plan, under IRS Code Section 125, to pay for medical, dental and vision premiums. The City shall provide to active employees in the bargaining unit up to the highest CalPERS HMO premium in each coverage category (E, E+1 or E+Family). Employees shall have the ability to elect which medical carrier to enroll with. Dental and vision insurance coverage shall also be a part of the cafeteria plan. The City will provide employees the opportunity to participate on a voluntary basis in a Dependent Care Assistance Program (Section 129) under Internal Revenue Code Section 125, which allows employees to redirect part of their salary, before it is taxed, to be used for child, elderly and dependent care and eligible medical expenses. XXX. RETIRED EMPLOYEE HEALTH CARE The City shall contribute $30 per month towards each employee's retiree health savings plan established through ICMA-RC. The City contribution shall cease effective January 1, 2012. The Employee shall contribute $15 per pay period towards the employee's retiree health savings plan established through ICMA-RC. XXXI. LIFE INSURANCE The value of life insurance coverage for each management employee is equal to one and one-half times the annual salary plus $20,000. XXXII. CALIPERS LONG TERM CARE The City will offer this benefit at the sole expense of the employee. XXXIII. PRE-PAID LEGAL SERVICES The City will offer this benefit at the sole expense of the employee. 16 XXXIV. COLLEGE SAVINGS PROGRAM (529 PLAN) The City will offer this benefit at the sole expense of the employee. XXXV. RETIRING EMPLOYEE RECOGNITION PROGRAM The Retiring Employee Recognition Program provides for a salary incentive for long term City service. The guidelines and definitions for this program are detailed in Administrative Policy No. 223, Retiring Employees Recognition Program (Incentive for Long-Term City Service). Employees fired on or after July 1, 2009, are not eligible to participate in this program. XXXVI. RETIREMENT PLAN All full-time employees automatically become a member of the Orange County Employees Retirement System (OCERS). The City shall pay 100% of the management employee's share of the retirement contribution. Effective September 25, 2003, the employees of the bargaining unit received an enhanced benefit formula of 2.7% @ age 55 based on the three highest years of service. This enhanced benefit formula will be applicable to all years of services. The employees of the bargaining unit will contribute 5.01% of base salary as a payroll deduction towards the cost of the enhanced retirement benefit. Effective July 1, 2012, each employee shall pay 50% of the employee contribution that was being paid on behalf of the employee by the City prior to July 1, 2012. Effective July 1, 2013, each employee shall pay the full employee contribution to retirement and the City will no longer pay any portion of the employee contribution to retirement. The intent of these changes is to have employees paying the employee contribution to retirement and the City paying the employer contribution to retirement. The changes are being phased in two years with the first change taking effect on July 1, 2012 and the second change taking effect on July 1, 2013. Effective January 1, 2012, any new employees hired on or after January 1, 2012, shall pay the full employee contribution to retirement with no payment of the employee's contribution by the City. Effective on or about July 1, 2012, the City shall implement a second tier retirement formula (2%@57). This second tier retirement formula shall apply to all employees hired on or after the date the second tier formula becomes effective. XXXVII. 401(a) PROGRAM The City will establish a 401(a) program through ICMA subject to the provisions allowable under current regulations for this type of program. 17 XXXVIII. SHORTILONG-TERM DISABILITY INSURANCE Eligible employees shall receive short and long-term disability coverage or income protection of up to two-thirds of salary during disability periods due to non-job related injury or illness up to a maximum percentage of salary. XXXIX. ACTING STATUS Employees performing the duties of their supervisor or higher-paid position due to vacation, illness or leave, for 14 calendar days or more shall receive acting status pay equivalent to the minimum salary rate for that position such that the minimum adjustment would be at least 5% above the employee's current salary with the approval of the Department Head and the Human Resources Manager. Acting status shall be retroactive to the first day and subject to no additional benefits. XL. RECLASSIFICATION OF POSITION Whenever a position is reclassified which is currently occupied by an incumbent who is satisfactorily performing the duties of the proposed position, the City shall place that incumbent in the reclassified position, without the need to undertake a recruitment. Such reclassifications shall not result in demotion. A reclassification may occur when the essential duties of a position change due to new technology, new regulations or laws, reorganization within the city, or other compelling reasons that increase to a higher level the duties performed by the position. The City shall notify the Association whenever a reclassification is to occur to allow the Association to request to meet and confer over the impact and salary of the position. Reclassification of an employee in a reclassified position may occur, at the City's discretion, if s/he has been satisfactorily performing the duties of the position for at least six months, as evaluated by the Department Head. Out-of-Class grievances that result in position reclassifications shall also result in the reclassification of the employee, provided s/he has been satisfactorily performing the duties of the position for at least 6 months, as evaluated by the Department Head. XLI. PROMOTIONS, TRANSFERS AND VOLUNTARY DEMOTIONS A. Promotions Promotion refers to the movement of an employee from a position in one class to another class imposing higher duties and responsibilities, requiring higher qualifications and providing a higher maximum rate of pay 18 will be regarded as a promotion. Insofar as practical and consistent with the best interest of the City, as determined by the Personnel Officer, vacancies shall be filled by promotion from within whenever qualified employees exist. Promotion-only classes will be established by the Personnel Officer in consideration of input from the Department Heads. i. Requirements for Promotional Candidates Only regular employees who meet the requirements set forth in the Classification Pian and who received a satisfactory overall rating at the time of their last performance evaluation may compete in promotional opportunities. Any employee who wishes to apply for promotional opportunity must also have completed at least six (6) months in their present position. ii. Rejection Following Promotion An employee rejected during or at the conclusion of the probationary period following promotional appointment shall be reinstated to the position from which promoted and shall be reinstated to the position or class, or comparable position or class from which promoted and shall receive credit for time served in the promotional position unless charges are filed and the employee is discharged in the manner provided for in these rules and regulations. B. Transfers A transfer occurs when an employee changes positions, which are in the same classification having essentially the same maximum salary and requiring substantially the same qualifications. This may or may not involve a change of an employee's place of employment from one department to another. i. Conditions for Transfer An employee, who does not possess the minimum qualifications for an open position, shall not be transferred to that position. A qualified employee may be transferred, provided the employee's supervisor; the new supervisor and the Personnel Officer have approved the transfer. ii. Employee Requested Transfers 19 New employees, who have completed their probationary period in their current positions, may apply for a transfer. All other employees, who have worked a minimum of six (6) months in their current position, may apply for a transfer. A request may be submitted only when a vacancy exists. The employee's request for transfer will be considered on the basis of the employee's qualifications for the vacant position, the employee's best interests, and the best interests of the City. Requests for transfers must be received according to deadlines established by the Personnel Officer. iii. Employer Initiated Transfers The City of San Juan Capistrano reserves the right to transfer its employees from one position to another, or one department to another, if the transfer is necessary for the purpose of economy or efficiency. iv. Job Transfer Opportunities The City shall consider lateral transfers and promotional opportunities to vacant positions within the same or similar job class for at least two weeks before they are opened competitively to non-employees. The employee requesting the transfer must have had a "satisfactory" rating on their last evaluation and meet the minimum qualifications for the position. The City would have no obligation to hire any of the applicants for transfer. C. Voluntary Demotion A regular employee may request a voluntary demotion to a vacant position in a class with a lower maximum salary rate provided the employee possesses the qualifications of that class. Such requests must be filed with the Personnel Officer and require approval of the current Department Head and that of the Department Head of the vacant position. XIII. LAYOFFS AND RE-EMPLOYMENT A. Conditions for Layoff__ The City Manager, with the concurrence of the City Council, may abolish any position, because of material change in duties and organization, or shortage of work or funds. The employee holding such position or 20 employment may be laid off without disciplinary action and without the right of appeal. No regular employee shall be laid off until all temporary and probationary employees holding positions in the same class in the department are first laid off. Only those employees in the department assigned to the class in which the position is to be abolished shall be involved in this layoff procedure. B. Notice of Layoff Employees to be laid off shall be given at least fourteen (14) calendar days notice. C. Order of Layoff 1. Within the classification, employees will be ranked by seniority with the most senior employee given the highest ranking and the next most senior employee given the next highest ranking and so forth. For the purpose of this section, seniority shall be determined as total number of years of full-time employment with the City of San Juan Capistrano. This category is given a weight of 30%. 2. Within the classification, employees will also be ranked by performance, based upon performance evaluations, official records, and/or qualified testing procedures where applicable. The employee within the classification with the highest performance rating shall be given the highest ranking and the next most competent employee shall be given the next highest ranking, and so forth. This category is given a weight of 40%. a. To establish the performance ranking, each employee performance evaluation must be rated. A rating of 1 to 5 on the overall evaluation rating is assigned accordingly: Excellent - 5 Above Standard = 4 Meets Standards _ 3 Needs Improvement _ 2 Unsatisfactory = 1 3. Within the classification, employees will also be ranked by skill set, based upon education, licenses, and certificates obtained, which increase an employee's overall value to the organization. The employee with the greatest skill set within the classification shall be given the highest ranking and the employee with the next 21 highest skill set level shall be given the next highest ranking, and so forth. This category will be given a weight of 30%. a. To establish the ranking for skill set, the following point system shall be applied: i. Education 1. PhD. - 4 points 2. Master's Degree = 3 points 3. Bachelor's Degree _ 2 points 4. Associate of Arts Degree = 1 point A degree must be directly related to the position in order for it to be awarded a point value. ii. Licenses Each professional license - 1 point iii. Certificates Each certificate - .5 point Certificates issued upon completion of a test conducted by a sanctioning body such as a governmental, professional, or academic organization, are considered valid certificates. Training certificates that indicate an employee participated in a training course or seminar are not awarded any point value; however, they would be incorporated into the performance evaluation. D. Layoff Procedure The Department Head will total the point values of the three categories (seniority, performance, and skill set) for each employee within the classification to determine the order of layoff. Employees will be laid off in order of the numerical ranking, that is, an employee with a lower ranking would be laid off before an employee with higher ranking. E. Re-employment List The names of persons laid off in accordance with these rules shall be entered on a re-employment list for one year, except that persons appointed to permanent positions shall, upon such appointment, be dropped from the list. When a vacancy occurs in the subject class, the appointing authority shall consider the former employees from the re-employment list. It is the responsibility of the employee on a re-employment list to keep the City 22 informed of his/her current address and telephone number, and availability for work. XL.III. GRIEVANCE PROCEDURE a. Matters Subject to Grievance Procedures A grievance shall be initiated through an informal first step when the employee notifies the supervisor verbally of his/her contention that the City has violated or misapplied a specific obligation expressed and/or written in the Personnel Rules and Regulations of the City. Personnel Division staff is available to assist Department Heads in such matters as the interpretation of Rules, documentation procedures and preparation of notices as requested. b. Notification of Grievance The second step in the grievance process shall be a written notice filed in a timely manner, on a form provided by the City which shall include at a minimum: 1. Nature of the grievance, 2. Date when the incident occurred; 3. Description of the incident; 4. Rule violated; and, 5. Specific remedy sought by the employee. c. Steps in the Grievance Process First Steffi Within ten (10) working days after the occurrence of the incident involved in the grievance, the employee may initiate the grievance process by discussing the matter informally with his/her immediate supervisor. An attempt shall be made to resolve the grievance between the employee and the immediate supervisor. The supervisor shall deliver an oral or written response within ten (10) working days after submission of the grievance. Second Step If the grievance is not satisfactorily resolved in the first step, the grievance may be submitted in writing to the supervisor's supervisor, if any, within the department organization within ten (10) working days after the immediate supervisor's answer is received by the employee. After an attempt to resolve the grievance between the employee and his/her designated representative, if any, the intermediate supervisor shall deliver a written answer within ten (10) working days after submission of the grievance. If there is no intermediate supervisor, the grievance shall go directly to the Department Head. 23 Third Step If the grievance is not satisfactorily resolved in the first and second steps, it shall be submitted in writing to the employee's Department Head within ten (10) working days after the intermediate supervisor's answer is received by the employee. The Department Head shall meet with the employee and his/her designated representative, if any, within ten (10) working days after submission of the grievance to the Department Head. The Department Head shall review the grievance and may affirm, reverse or modify the disposition made at the first and second steps and shall deliver a written answer to the employee within ten (10) working days after said meeting. d. Appeal of Decision If the grievance is not satisfactorily resolved, the employee may appeal the decision of the Department Head to the City Manager. At the option of the employee, the grievance may be submitted: i. Directly to the City Manager, or ii. To an impartial arbitrator who will provide an advisory opinion to the City Manager prior to the consideration of the grievance by the City Manager, or iii. To a mediator from the State Mediation and Conciliation Service who will provide findings and recommendations to the City Manager prior to consideration of the grievance by the City Manager. When the appeal is submitted to the City Manager, it shall specify whether the employee desires to have the appeal considered directly by the City Manager or reviewed first by an impartial arbitrator or state mediator. Such submission must occur within ten (10) working days after the Department Head's written answer is received. e. Advisory Arbitration An employee may elect to use an impartial arbitrator to provide an advisory opinion to the City Manager prior to the consideration of the grievance by the City Manager. After a hearing on the merits of the grievance and considering evidence from all parties concerned, the impartial arbitrator shall submit a written advisory opinion to the City Manager. 24 Within ten (10) working days after receipt of the written advisory opinion of the impartial arbitrator, the City Manager shall meet with the employee and his/her designated representative, if any, and other appropriate persons to assess the grievance. The City Manager may affirm, reverse or modify the disposition of the grievance. The City Manager shall deliver a written decision to the employee within five (5) working days after said meeting. The City Manager's decision shall conclude the administrative appeals procedure. If an employee elects to use an impartial arbitrator, the arbitrator shall be selected jointly by the employee and his/her designated representative, if any, and the City. The cost of the arbitrator, if any, shall be born equally by the employee and the City. f. State Mediation An employee may elect to use a certified mediator from the State Mediation and Conciliation Service to provide findings and recommendations to the City Manager prior to the consideration of the grievance by the City Manager. After a hearing on the merits of the grievance and considering evidence from all parties concerned, the certified mediator shall submit a written summary of his/her findings and recommendations to the City Manager. Within ten (10) working days after receipt of the written summary of findings and recommendations from the certified mediator, the City Manager shall meet with the employee and his/her designated representative, if any, and other appropriate persons to assess the grievance. The City Manager may affirm, reverse or modify the disposition of the grievance. The City Manager shall deliver a written decision to the employee within five (5) working days after said meeting. The City Manager's decision shall conclude the administrative appeals procedure. If an employee elects a certified mediator from the State Mediation and Conciliation Service, the certified mediator shall be selected jointly by the employee and his/her designated representative, if any, and the City. The cost of the certified mediator, if any, shall be born equally by the employee and the City. g. Cityanager An employee may elect to submit the grievance directly to the City Manager for a final and binding decision. Within ten (10) working days after submission of the grievance to the City Manager, the City Manager shall meet with the employee and his/her designated representative, if any, and other appropriate persons to assess the grievance. 25 The City Manager may affirm, reverse or modify the disposition of the grievance. The City Manager shall deliver written decision to the employee within five (5) working days after said meeting, and such decision shall conclude the administrative appeals procedure. h. Extension of Time Any or all of the time limitations mentioned above with reference to filing and response times may be extended by mutual agreement between the employee and the City. XLIV. FAIR EMPLOYMENT PRACTICE The City of San Juan Capistrano assures any technique or procedure used in recruitment and selection of employees shall be designed to measure only the job- related qualifications of applicants. No recruitment or selection technique shall be used which, in the opinion of the Personnel Officer, is not justifiably linked to successful job performance. It is the policy of the City that no technique, procedure or policy in recruitment and selection shall be discriminatory to any group protected by state or federal legislation. XLV. NON-DISCRIMINATION POLICY The City shall offer equal employment to all persons without regard to race, creed, color, sex, age, national origin, religion, physical or mental handicap or veterans' status. No applicant is to be discriminated against or given preference because of these factors. This policy is intended to apply to recruiting, hiring, promotions, upgrading, layoffs, compensation, benefits, termination and all other privileges, terms and conditions of employment. XLVI. CONTINUATION OF BENEFITS All fringe benefits previously granted and currently in effect to represented employees shall remain in full force and effect for the time period May 1, 2011 to June 30, 2014, unless modified by the provisions of this agreement. XLVII. SEPARABILITY The provisions contained in this agreement have been bargained for and agreed to independently, and no particular clause, condition, or agreement is contingent or dependent upon any other; therefore, should any such clause, condition, or agreement be held to be void or unenforceable, the remainder of the terms and conditions of this agreement shall remain in full force and effect. 26 XLVIII. PERSONNEL RULES Proposed changes to the Personnel Rules submitted during the negotiation of this agreement are to be negotiated separately between January 1 and June 30, 2012. Such proposed changes are subject to meet and confer and unilateral implementation in the absence of an agreement. Any further changes during the term of this contract are subject to meet and confer and mutual agreement prior to implementation. This agreement was entered into on the day of 2012. SAN JUAN CAPISTRANO MUNICIPAL EMPLOYEES RELATIONS OFFICER Karen P. Rrust, City Manager SAN JUAN CAPISTRANO MANAGEMENT AND PROFESSIONAL EMPLOYEES ASSOCIATION Authorized Representative Authorized Representative ATTEST: CITY OF SAN JUAN CAPISTRANO Maria Morris, City Cierk Approved by the City Council of the City of San Juan Capistrano on this day of 2012. 27 MEMORANDUM OF UNDERSTANDING May 1 , 2011 - June 30, 2014 BETWEEN CITY OF SAN JUAN CAPISTRANO AND SAN JUAN CAPISTRANO CLASSIFIED EMPLOYEES ASSOCIATION TABLE OF CONTENTS PAGE NO. Agreement.......................................................................................................1 Recognition..................._.................__..........__............................... .............1 1. Salary ..............................................................................................................2 11. Overtime................__............... ........... ............ ............... .............2 Ill. Overtime Work on Holidays_............ ............... ................_.............. .........2 IV. Bilingual Pay....................................................................................................3 V. Uniform/Work Boot Allowance .........................................................................3 VI. Deferred Compensation Program....................................................................4 V11. Recognition Bonus...........................................................................................4 VIII. Payment for Required Utilities Certificates ......................................................5 IX. Mileage Reimbursement...................... .............. ........ ............... .........6 X. Ride Share Program ........................................................................................6 XI. Tuition Reimbursement Program........................................:............................6 XII. Safety Incentive Program ................................................................................6 XIII. Work Day and Work Week...............................................................................6 XIV. Emergency Stand-By/Call Out.........................................................................7 XV. Vacation...........................................................................................................8 XVI. Sick Leave.......................................................................................................9 XVII. Bereavement Leave.......................................................................................11 XVIII. School Activity Leave................................. ........... ............... ............A2 XIX. Jury Duty Leave.............................................................................................12 XX. Donation of Blood Leave ...............................................................................12 XXI. Family Care Leave.......................__.......... ............... ........... ..................13 XXII. On-The-Job Injury Leave ...............................................................................14 XXIII. Holidays.........................................................................................................15 XXIV. Work on a Holiday .........................................................................................16 XXV. Floating Holiday.............................................................................................16 XXVI. Medical, Dental, Vision Insurance and Cobra................................................16 XXVII. IRS Code Section 125 Plan ...........................................................................17 XXVI11. Retired Employee Health Care ......................................................................18 XXIX. Life Insurance ................................................................................................18 XXX. CaIPERS Long Term Care ............................................................................18 XXXI. Pre-Paid Legal Services ................................................................................18 XXXII. College Savings Program (529 Plan).............................................................18 XXXIII. Retiring Employee Recognition Program.......................................................18 XXXIV. Retirement Plan.............................................................................................18 XXXV. Short/Long Term Disability.............................................................................19 XXXVI. Acting Status..... ...... .............._............. ............. ............... ..._19 XXXVII. Reclassification of Position ............................................................................20 XXXVIII. Promotions, Transfers and Voluntary Demotions ..........................................20 XXXIX. Promotional Examinations .............................................................................22 XL. Regular Appointment Following Probationary Period ....................................22 XLI. Termination - Resignation..............................................................................22 XLII. Layoffs and Re-Employment..........................................................................23 XLIII. Grievance Procedure.....................................................................................25 XLIV. Fair Employment Practice..............................................................................28 XLV. Non-Discrimination Policy..............................................................................28 XLVI. Continuation of Benefits............... ........ ..................... ...... .................28 XLVII. Separability....................................................................................................28 XLVIII. Personnel Rules ............................................................................................28 AGREEMENT This agreement is entered into by the parties on behalf of the City of San Juan Capistrano (hereinafter known as "the City") and the San Juan Capistrano Classified Employees Association (hereinafter known as "the Association"), in accordance with the provisions of Section 3500-3510 of the California Government Code, otherwise known as the Meyers-Milias-Brown Act, and the Employer-Employee Relations Resolution of the City of San Juan Capistrano for the period of time commencing May 1, 2011 through June 30, 2014. All provisions of this agreement are effective upon adoption of this agreement by the City Council unless otherwise specified. RECOGNITION The City recognizes the Classified Association as the "recognized employee organization" for all employees within the unit of representation, consisting of regular full-time employees in the following classifications: Accountant Maintenance Worker I Accounting Clerk Maintenance Worker ll Accounting Specialist Housing/Redevelopment Coordinator Administrative Coordinator Office Assistant Administrative Specialist Permit Technician Assistant Engineer Planning Technician Assistant Planner Public Works Supervisor Associate Engineer Senior Accounting Specialist Associate Planner Senior Citizen Program Coordinator Building and Grading Inspector Senior Executive Assistant Code Enforcement Officer Senior Maintenance Worker Community Services Coordinator Senior Permit Technician Construction Inspector Utilities Operator I Chief Plant Operator Utilities Operator Il Customer Service Representative Utilities Operator Il-Groundwater Treatment Plant Customer Service Supervisor Utilities Operator III Deputy City Clerk Utilities Operator Ill-Groundwater Treatment Plant Engineering Assistant Utility Programs Supervisor Engineering Technician Utilities Superintendent Executive Assistant Utilities Trainee (Temporary) Field Customer Service Representative Water Conservation Coordinator GIS Specialist Water Construction Inspector Human Resources Assistant The City agrees to support the inclusion of the regular part-time employees into the unit of representation. Should inclusion of the regular part-time employees occur during the term of this agreement, the Association shall give the City 30 days' advance notice. 1 These employees would be included in the unit of representation at the salary and benefit levels in place at time of inclusion. 1. SALARY 7/1/12: 3.0% - Salary Range Increase 7/1113: 3.0% - Salary Range Increase 11. OVERTIME Whenever, at the discretion of the appointing authority, an employee works beyond forty (40) hours in a work week, such person shall be compensated for such overtime work to the nearest 15 minutes at time-and-one-half his/her regular compensation, or receive compensatory time off earned at time and one-half rate. Whenever, at the discretion of the appointing authority, an employee works beyond twelve (12) hours in one work day, such person shall be compensated for such overtime to the nearest 15 minutes at double the rate of his/her regular compensation, or receive compensatory time off earned at double rate. Compensation for overtime shall be in the form of pay, unless the affected employee requests compensatory time. Management shall have the right to deny payment in the form of compensatory time. The employee may accumulate and hold for future use no more than 220 hours at any one time of compensatory time, and at the end of the fiscal year, may carry over no more than 80 hours of compensatory time for use in the next fiscal year. Compensatory time may only be cashed out at original rate of accrual. Prior to the implementation of any salary adjustment, all accumulated compensatory time must be taken as paid leave subject to the approval of the department head or paid out as compensation. All other overtime hours accumulated to that point shall be paid at the end of the fiscal year. Such compensatory time off is subject to approval of the Department Head and Personnel Officer. Overtime requested by an employee to adjust the employee's work schedule shall be considered flex time and is not subject to compensation at the rate of time and one- half. Overtime shall be assigned/offered to full-time, regular employees before being assigned/offered to part-time or temporary employees. Part-time or temporary employees may work overtime only if no full-time regular employee is available and/or interested in working the overtime. The City shall assign overtime with due regard to an equitable and fair distribution of work, whenever possible. III. OVERTIME WORK ON HOLIDAYS The "day is the day" concept shall apply. All hours worked on a holiday are paid at time and one-half. 2 IV. BILINGUAL PAY Qualified employees who meet the following criteria shall receive a monthly stipend in recognition of their ability: 1. Employee must be assigned by the City Manager or his/her designee to speak and/or translate written material in a language in addition to English. This includes such specialized communication skills as sign language. 2. Employees must, as needed, speak and/or translate a second language. 3. Employees able to communicate and/or translate verbal information shall receive an additional $85 per month. 4. Employees able to translate verbal and written information shall receive an additional $125 per month. Employees assigned to translate written information will be required to be certified as qualified by the City. The City, at its discretion, may reassign an employee from a bilingual assignment to a position which does not require a bilingual assignment. An employee in a bilingual assignment may request assignment to a position that does not require bilingual assignment. The request shall be made in writing to the City Manager, who will consider it according to the needs and availability of a qualified replacement. V. UNIFORM/WORK BOOT ALLOWANCE The City will provide uniform shirts, pants and work boots to all field positions in the unit of representation as follows: Pants - City will provide uniform pants, or provide an allowance of $180 for the purchase of uniforms pants. Employees must elect at the beginning of each year which option he/she will adopt for that fiscal year. Those electing the allowance will receive this amount on the first pay period ending in July of each year. Shirts — City will provide a selection of uniform shirts (a style to be determined) that will be required to be worn by all field personnel in all departments. These shirts are to be worn by the following classifications: Utilities Operators I, ll and Ill, Utilities Trainee, Utilities Operator 1, 11 and III — Groundwater Treatment Plant, Utility Program Supervisor, Utilities Superintendent, Maintenance Worker I and 11, Sr. Maintenance Worker, Construction Inspector, Senior Building and Grading Inspector, Building and Grading Inspector, and Code Enforcement Officers, or other positions as deemed necessary to provide identification and uniformity in the field. The City will bear the cost of acquiring these shirts annually. The City agrees to establish a committee 3 including three (3) bargaining unit members for input into the decisions regarding the uniform policy. Work Boots -- The City will provide a work boot reimbursement up to $160 per pair of work boots for all field positions in the unit of representation. Reimbursement shall be provided for up to two pairs of work boots per year. All field personnel will be required to wear uniforms during working hours. City Jackets- Shall be provided to employees as needed, but no more than once per year. City Hats - Shall be provided to employees as needed. VI. DEFERRED COMPENSATION PROGRAM City employees may elect to have a portion of their salary withheld. The deferred amount is tax free until actually received and is invested in the meantime. As prescribed by applicable laws or plan provisions, funds may be withdrawn upon resignation, retirement or to a beneficiary upon death. The City shall establish a deferred compensation "matching fund" and match voluntary employee contributions up to $20 (twenty dollars) per month. VII. RECOGNITION BONUS I. The City shall grant a $100 recognition bonus for certifications above and beyond requirements of position and used for the benefit of the City. The following list contains several certifications obtainable by city employees and of value to the City. To qualify for certification, the following parameters must be met: The Certification must be issued by a governing or sanctioning professional body such as America Water Works Association or the American Institute of Certified Planners. The certification must be obtained through a course of study either at an institution or through home study and attaining the qualified skill level proven through testing by the sanctioning body. Certifications that are not on the list of approved certifications below must be approved by the City. The following list contains several certifications obtainable by City employees and of value to the City: 4 i. Playground Safety Inspection Certificate ii. Arborist Certification iii. Pesticide Applicator and Advisor Certifications iv. American Institute of Certified Planners Certification v. International Conference of Building Officials (ICBG) certificates, to include: • Plans Examiner • Housing Inspector • Mechanical Inspector ® Plumbing Inspector • Combination Dwelling Inspector • Electrical Inspector • Light Commercial Combination Inspector vi. American Association of Code Enforcement certificates to include: • Certified Zoning Enforcement • Officer, Certified Housing Enforcement Officer • Certified Code Enforcement Administrator vii. Class "A" Driver License, including all costs associated with maintaining the license. Employees holding this certification shall receive the recognition bonus annually on the first pay period in July of each year. VIII. PAYMENT FOR REQUIRED UTILITIES CERTIFICATES For the positions shown below, the City shall pay $300 annually for each certificate that is required as part of the position's job description. Certificates shall be issued by the California Department of Public Health (DPH) or the California Water Environment Association (CWEA). The City will also pay $300 annually for up to one certificate above that which is required in an employee's job description. Additionally, the City shall reimburse test fees for certifications. This reimbursement is limited to the first, and second attempt, if necessary. The City shall pay $300 annually for up to five (5) employees to hold a County of Orange Environmental Health Certified Backflow Tester certificate. Those employees holding these certificates effective July 1, 2009, will be included and additional employees will be added in chronological order based on the date of their certification by the County of Orange up to a total of five (5) employees. Additional employees receiving such certification when five (5) employees are already in place will be placed on a waiting list in chronological order based on their certification by the County of Orange. Employees who have been trained and received certification through the City will be required to maintain their certification until another individual is available to fill their place from the waiting list. 5 Construction Inspector Utilities Operator III-Groundwater Treatment Plant Field Customer Service Representative Utilities Superintendent Utilities Operator I Utilities Trainee Utilities Operator 11 Utility Programs Supervisor Utilities Operator II-Groundwater Treatment Plant Water Construction Inspector Utilities Operator III IX. MILEAGE REIMBURSEMENT City employees shall receive mileage reimbursement in accordance with IRS standards. X. RIDE SNARE PROGRAM Employees who carpool, walk, bike, take the bus or the train at least twice per week shall, at the end of the fiscal year, be eligible for nine (9) hours of additional floating holiday time in the next fiscal year. XI. TUITION REIMBURSEMENT PROGRAM The City will provide an annual educational incentive equal to full time tuition at a California State University for a degree from an accredited college or university or certificate program, up to a maximum of $5000/year. There will be no limit on the cost of each degree. The City will provide up to $20,000 annually for all Classified and Professional/Management employees to participate and carryover any remainder to the next fiscal year, up to a total pool amount.of $35,000. If annual requests exceed amount available, amounts would be pro-rated based on requests. Program details are identified in Administrative Policy No. 214, Employee Tuition Reimbursement Program. XII. SAFETY INCENTIVE PROGRAM The City's Safety Committee shall finish the work started on the IIPP. XIII. WORK DAY AND WORK WEEK The official work week of the City of San Juan Capistrano shall be forty (40) hours from Friday at mid-workday to the following Friday at mid-workday. The official workday shall be Monday through Thursday from 7:30 a.m. to 5:30 p.m. and Fridays from 7:30 a.m. to 4:30 p.m., with alternate schedules to meet Department operations or to meet special employees' needs due to transportation or caregiver issues. It shall be the duty of each department head to arrange the work of the department so that each employee therein shall work not more than five (5) consecutive days in 6 each calendar week except that a Department Head, with approval of the City Manager, may require any employee in the department to temporarily perform service in excess of the designated work day or workweek when public necessity or convenience so requires. Department Heads will not temporarily change an employee's regular work schedule to avoid payment of overtime. XIV. EMERGENCY STAND-BY/CALL OUT Employees who are in classifications that require the performance of stand-by duty as an essential function of their position, shall during "off hours" 1) monitor the duty phone and/or pager, 2) remain in the local area (no more than 20 miles from City Hall site), 3) remain fit for duty, and 4) respond to any and all call outs within 15 minutes. Employees shall be compensated at the rate of California's minimum wage for every hour or portion of an hour while on stand-by duty. Calls for service shall be reported and compensated at the overtime rate of pay pursuant to Section 6.20 of the Personnel Rules and Regulations. Calls for service requiring the employee to respond to the field shall be paid at a two hour minimum. Multiple calls received within any two hour period already being paid will not result in an additional compensation. Additionally, call outs that result in the two hour minimum period overlapping into the regular work schedule will revert to regular pay at the beginning of the regular work day. For each hour or portion thereof of work performed and compensated as overtime during "off hours", stand—by pay shall be reduced by the amount of overtime hours incurred. At the option of the Department Head, employees may either receive their stand-by compensation as compensatory time off or as compensation in the current pay period. Consideration shall be given to effectuating the wishes of employees. Employees with existing compensatory time balances of at least one-hundred twenty (120) hours shall not be eligible to receive stand-by compensation as compensatory time. Employees not on stand-by status when called out to the field for an emergency shall be compensated at the overtime rate of pay pursuant to Section 6.20 of the Personnel Rules and Regulations with a three hour minimum. Additionally, employees not on stand-by status who have not physically worked their regular number of workday hours, shall, when called out on a bona-fide emergency, be paid at 1 1/2 times their regular pay for all bona fide emergency hours worked. Scheduled overtime does not constitute a bona-fide emergency. Bona-fide emergencies are those that occur due to a natural disaster such as fire, flood, earthquake, storm, or landslide. They may occur due to damage to the infrastructure of the city such as inoperative valves, pipeline breaks, leakage in potable or sewage systems or traffic control lights. Traffic accidents may trigger bona-fide emergencies if they require City employees to repair or clean up damage or assist with traffic control. Citizen complaints that require after-hours attention are bona-fide 7 emergencies. Classified employees who occasionally receive phone calls outside of their regularly scheduled working hours from standby personnel or personnel on an emergency call-out, to get supervisory direction, shall receive a minimum of 30 minutes of regular pay for each phone call. XV. VACATION a. Vacation Accrual Classified employees shall accrue vacation hours based on the following schedule: Length of Service Annual Hours Accrued 0 - 3 years 80 4 - 7 years 132 8 - 10 years 148 11 - 19 years 164 20 years or more 172 Accrual at the next highest increment rate shall commence on the first day of the fourth, eighth, eleventh and twentieth year of employment, respectively. The maximum amount of vacation which may be accrued by classified employees shall be 340 hours; any accumulation of hours above 340 shall be forfeited by the employee. The maximum amount of vacation time which will be compensated in cash upon separation from City service shall be 340 hours. It shall be the responsibility of the employee and the Department Head to assure that employees utilize credited vacation leave within the limitations set forth herein. In December of each year, classified employees with four or more years of service to the City will receive a one-time yearly payment equal to .4% of their individual base salary on December 1. This payment will be issued on a regular paycheck; not a separate check. b. Vacation Usage Total vacation allowance shall be based upon the number of months of City service computed to the nearest half month. It shall be the responsibility of the employee and Department Head to assure utilization of credited vacation leave within the limitations set forth herein. The time during the calendar year at which an employee may take vacation leave shall be determined by the Department Head but with due wish of the employee and particular regard for the needs of the City. Eligible employees shall accrue vacation beginning with the date of hire 8 but may not utilize such during the first six months of employment. Any employee wishing to schedule vacation in excess of 10 working days must receive the approval of the Personnel Officer at least 30 days prior to the vacation time. The employee will receive a response within 14 days of submittal. Vacation time or any leave time requiring any combination of vacation, administrative leave, comp time, or holiday pay in excess of 10 consecutive working days shall be granted only in cases where special non-recurring conditions are present and will be based on the City's ability to provide adequate service coverage during the employee's absence. c. Vacation Benefits for Terminating Employees In the event of termination of employment, the employee shall be paid for any accrued vacation leave and compensation time which has accrued within the limits specified above. d. Holidays Occurring During Vacation When one or more legal municipal holidays fall within a vacation leave, such day or days shall not be charged as the vacation leave. Under these circumstances, an employee's vacation leave shall be extended accordingly for those employees eligible for such holidays. XVI. SICK LEAVE Sick leave shall mean the time during which an employee is permitted to be absent from the duties of City service by reason of sickness or injury which incapacitates or prevents the employee from performing assigned duties, without any deduction being made from salary or compensation, and shall include, in certain cases, serious illness or death of a member of the employee's immediate family. It will be the responsibility of the Department Head to periodically review the use of sick leave in the department. Use of sick leave may be used as a factor in determining employee performance for employee evaluations. The legitimate use of FMLA qualified sick leave shall not be used as a factor in determining employee performance for evaluation. a. Sick Leave Allowance All permanent full-time employees shall be entitled to eight (8) hours sick leave for each calendar month of service. There shall be no limit on the amount of sick leave which may be accumulated. b. When Sick Leave May Be Taken Sick leave may not be used until it is earned and shall be taken only in 9 case of actual and necessary sickness or disability of the employee. Eligible employees may utilize a maximum of ninety-six (96) hours of accumulated sick leave with pay in the event of 1) the employee's presence is required elsewhere because of family medical and dental appointments, serious illness, injury, disability or death of a member of the employee's immediate family; 2) official order to appear in court as a litigant or as a witness; and 3) personal necessity as defined and limited below. Personal necessity leave can be used by an employee at a rate of 24 hours per year for absences other than illness or disability and the absences shall be deducted from accumulated sick leave. Sick leave or personal necessity leave is not intended for taking care of personal business which could be taken care of at another time. Personal necessity is considered to be: i. a personal matter that requires your attention which cannot be taken care of except during the normal working hours; or ii. a matter that requires your attention, such as a hot water heater flooding your home, fire or robbery. The nature of the personal necessity need not be disclosed in writing on the Absence Request Form, but it shall be discussed with the employee's Supervisor, Department Head, and the Personnel Officer or his designee. This information shall be treated confidentially by all parties involved. Sick leave shall not be used in lieu of or in addition to vacation for the intent of extending vacation. When an employee is compelled to be absent from employment by reason of injury arising from and in the course of City employment as determined by the workers' compensation law, the employee may elect to apply accrued sick leave, if any, in such amount that when added to workers compensation benefits equals the employee's gross salary. Earned vacation time and compensatory time off may be utilized in a similar manner. c. Notification of Illness by Employee An employee on sick leave shall notify their supervisor no later than one (1) hour after the time set for beginning daily duties. When on FMLA leave, the employee will be required to notify the City in compliance with the Family Medical Leave Act. d. Return From Sick Leave 10 Upon returning from sick leave, a physician's certificate may be required if, in the opinion of the Department Head, it appears that an employee is abusing sick leave privileges or to determine the validity of the employee's absence during the time for which sick leave was requested. Any employee absent from duty on sick leave for three (3) consecutive work days due to illness or accident may, at the discretion of the Department Head, be required to submit to a physical examination by a physician designated by the City to determine fitness to return. e. Sick Leave Payout Prior to Separation of Employment At the employee's request, the City will compensate in cash or in time off for unused sick leave accrued above 288 hours. The compensation formula will be consistent with the payout levels established in Section 7.13 of the Personnel Rules and Regulations, based upon years of service. f. Sick Leave Compensation Upon Termination of Em to ment City employees who terminate employment within the City shall be compensated in cash for unused sick leave at final rate of pay based on the following: Employees Hired Before July 1, 1999 Employees Hired On or After July 1 1999 Less than 2 years: None Less than 2 years: None 2 to less than 15 years: 50% More than 2 years: 50% 15 to less than 20 years: 75% 20 or more years: 100% There shall be no maximum amount of unused sick leave eligible for cash compensation subject to the foregoing schedule. g. Annual Sick Leave Incentive Program Employees with greater than 288 hours of sick leave and who have used two days or fewer in the previous fiscal year shall have the right to cash- out up to two days of sick leave at 100% the following July 15th. XVII. BEREAVEMENT LEAVE An employee shall be granted a leave without loss of pay in case of death of a member of the employee's immediate family. Such leave is designated as bereavement leave. Up to five (5) days leave without loss of pay shall be granted for the death of a member of the employee's immediate family. Immediate family as used in this section is defined as the employee's spouse, child, foster child, 1 grandchild, stepparent, legal guardian, stepchild, parent, brother, sister, grandparent, grandparent-in-law, mother-in-law, father-in-law or: a. Any other relative by blood or marriage who is a member of the employee's household. (Employees may be required to submit proof that the deceased relative was a member of the employee's household prior to the time of death.) b. Any other relative of the employee by blood or by marriage where it can be established by the employee that as a result of such relative's death, the employee's presence is required to Dandle funeral arrangements and/or matters of estate. In addition, bereavement leave may be granted on a case by case basis under other circumstances at the discretion of the City Manager when it is in the best interest of the City to do so. Time off beyond these parameters shall be charged to any type of available leave. Temporary and other part-time employees shall not be eligible for bereavement leave. XVIII. SCHOOL ACTIVITY LEAVE Pursuant to California Labor Code Sections 230.7 and 230.8, parents, guardians and grandparents having custody, of school-age children shall be allowed leave from their jobs, with or without pay, as may be necessary to participate in school activities such as parent-teacher conferences, disciplinary matters, school programs and related events with their children. Such leave is limited to 40 hours per school year, at a maximum of 8 hours per month. Employees must give reasonable advance notice to the employer to permit work coverage, and may be required to provide documentation from the school that the employee participated in the activity on the specific date and time. Leave properly requested in advance shall not be denied. XIX. JURY DUTY LEAVE Regular and probationary employees who are summoned to serve on jury duty or subpoenaed as a witness in any court in this State of the United States, or any administrative board of tribunals, shall be entitled to a leave of absence with pay while serving. Employees may keep fees and fees for mileage received while serving. Employees must return to work if not required to attend jury duty on a particular day. XX. DONATION OF BLOOD LEAVE The City shall grant each employee in the unit of representation reasonable time off for the purpose of making a donation of blood. No charge will be made against vacation, sick or any other type of leave when such absence is approved in advanced by the employee's supervisor/department head. 12 XXI. FAMILY CARE LEAVE a. General Provisions i. Family Leave shall be granted to the extent required by law, including the following situations: 1. An employee's serious health condition. 2. The birth of a child or placement of a child for adoption or foster care. 3. An employee's presence is needed to attend to a serious health condition of the employee's child, spouse, parent or child of an employee standing in loco parentis (those with day-today responsibilities to care for and financially support a child). ii. Employees must request and identify their need for Family Leave. The City agrees that certain other types of leaves available to employees under this Agreement may meet the requirements of Family Leave pursuant to applicable law. The City may apply any time during which an employee is on such leave against the amount of Family Leave to which the employee is entitled. iii. Eligibility for Family Leave will be determined according to the requirements of applicable law. iv. When a request for Family Leave is approved, the department shall determine whether sick leave, compensatory, and/or vacation time is to be applied. Such determination shall be consistent with other leave provisions of this Agreement and shall give consideration to the circumstances and the wishes of the employee. The use of sick leave shall be restricted to those circumstances, which qualify under the provisions of the Personnel Rules and Regulations. v. The City will continue to pay agreed-upon medical contributions for the duration of an employee's approved leave, in accordance with the Federal Family and Medical Leave Act. b. Notification Requirements i. If the Family leave is foreseeable, the employee must provide the department with thirty (30) calendar days notice of his or her intent to take Family Leave. 13 ii. If the event necessitating the Family Leave becomes known to the employee less than thirty (30) calendar days prior to the employee's need for Family Leave, the employee must provide as much notice as possible. In no case shall the employee provide notice later than five (5) calendar days after he or she learns of the need for Family Leave. iii. When the Family Leave is for the purpose of the scheduled medical treatment or planned medical care of a child, parent or spouse, the employee shall, to the extent practicable, schedule treatment and/or care in a way that minimizes disruption to City operations. iv. The City shall notify the employee that the employee is considered using leave per the FMLA as required by the Act. c. Verification As a condition to the approval of Family Leave, an employee may be required to furnish certification from the health care provider which states: (1) the date on which the condition commenced; (2) the probable duration of the condition; (3) an estimate of time that the employee needs to be off; (4) that the employee cannot perform his/her duties because of the employee's own serious health condition or that care is needed when the leave is for an eligible family member pursuant to applicable law. XXII. ON-THE-JOB INJURY LEAVE Whenever an employee is compelled to be absent from active duty due to an injury disability arising out of and in the course of employment, such employee shall be entitled to receive an On-the-Job Injury Leave With Pay for up to the first three consecutive working days of such absence. The granting of such leave shall be conditioned upon the following: a. the absence is at the discretion of a licensed medical physician or, other designated health care professional. b. supervisory personnel have been properly notified of such injury or-disability and an on-the-job injury report has been properly completed and submitted. c. the injury occurred while the employee was performing work duties on the job. Whenever the On-the-Job Injury Leave extends beyond the first three working days, the employee will be allowed to use accrued leave to supplement the Workers' 14 Compensation allowance to achieve the equivalent of 100% of his/her salary. XXIII. HOLIDAYS All City employees shall have the following holidays with pay and shall not be required to work on such holidays except as hereinafter provided: a. January 1 st (New Year's Day) b. Third Monday in February (Washington's Birthday) c. Last Monday in May (Memorial Day) d. July 4th (Independence Day) e. First Monday in September (Labor Day) f. November 11th (Veteran's Day) g. Fourth Thursday in November (Thanksgiving Day) h. The day following Thanksgiving Day 1. December 24th (Christmas Eve) j. December 25th (Christmas Day) k. December 31 st (New Year's Eve Day) I. Floating Holiday (10 hours, increased to 20 hours effective July 1, 2012) Whenever a holiday falls on a Sunday not scheduled as a regular work day, the following Monday shall be observed as the holiday. Whenever a holiday falls on a Saturday not scheduled as a regular work day, the City will recognize the holiday on a case by case basis and observe it either on the Friday before the holiday or the Monday after the holiday, based on the needs of the community. The determination of the holiday observance will be made when the City issues the master holiday schedule each year. Employees on a 9/80 schedule will be able to bank holiday hours for those holidays that occur on their flex day off. The following shall apply to the use of Holiday banked hours: ® banked hours will be capped at 24 • hours banked are not compensable — they cannot be cashed out e banked hours must be used before any other kind of leave, except for sick leave employees will be strongly encouraged to use banked fours within a reasonable period of time, preferably by the end of each fiscal year. An employee must have been paid for the entire amount of regularly scheduled hours of the days immediately prior to and following a City holiday in order to be paid holiday pay. Christmas to New Year's Ci!y Hall Closure: City Hall will be closed from the 1s Christmas Eve holiday through New Year's day holiday beginning with the Christmas Eve holiday 2092 and again beginning with Christmas Eve holiday 2013. Employees shall use appropriate accrued paid leave (not sick leave), or leave without pay to cover the closed days that would otherwise be work days from the day after the Christmas Day holiday through the day before the New Year's Eve holiday. The closure during these periods may be rescinded by the City Council if, in their collective judgment, significant community feedback is received in opposition to the closure. The City Council shall provide the Association with eleven months advance notice of their decision to rescind the closure of City offices. Certain employees will be required to work to provide essential services. Essential services required to be provided during the closure will be determined by the City no later than July 1 of each year and notification will be provided to the employees required to work during the closure. Employees required to work during the closure would not be required to use paid leave during the closure and would be compensated at time and one-half for those hours worked on regular work days. XXIV. WORK ON A HOLIDAY Hours worked on a Holiday shall be paid at 1Y2 times employees' regular rate of pay. Any full-time employee who is required to work on a holiday shall be entitled to be paid for the holiday plus time and one half for all hours worked on the holiday or compensatory time off at time and one half. The "day is the day" concept shall apply. XXV. FLOATING HOLIDAY Probationary and regular full-time employees shall be credited with a total of ten hours of compensated time off on July 1st of each year. Effective July 1, 2012, the 10 hours of compensated time shall increase to 20 hours. The time(s) which the employee may elect to use shall be arranged with and approved by the employee's supervisor and Department Head and approved by the City Manager. The floating holiday must be used prior to June 30 or shall be forfeited. XXVI. MEDICAL, DENTAL, VISION INSURANCE AND COBRA The City provides medical, vision and dental insurance for City employees. The insurance becomes effective the first day of the month following the date of hire. Medical Insurance - CalPERS The City's contribution for each active employee in the bargaining unit shall be the Minimum Employer Contribution as required by CaIPERS. Additionally, the City will provide a Cafeteria Plan to provide the active employees in the bargaining unit an amount in addition the Minimum Employer Contribution as required by CalPERS up to the highest CalPERS HMO premium in each coverage category (E, E+1 or E+Family). 16 Until June 30, 2012, employees enrolling with medical carriers with premiums lower than the highest HMO in their coverage category shall receive the difference between their premium and the highest HMO premium in their coverage category. After June 30, 2012, employees will no longer receive this difference between the highest HMO premium in their coverage category and the lower premium they selected. The City will make diligent and reasonable efforts to work with CALIPERS to provide an open enrollment before July 1, 2012 if allowed under the Public Employees' Retirement Law (PERIL). Single coverage employees shall continue to receive the existing reimbursement of $137.50 per month until June 30, 2012. Beginning June 30, 2012, single coverage employees will no longer receive the existing reimbursement of $137.50 per month. Opting out of Medical Insurance The City shall allow employees who show proof of group medical insurance coverage provided by a spouse, to opt out of the City's medical insurance coverage. The City shall provide to employees who wish to opt out of medical insurance coverage and meet the above criteria, an "opting out" amount of $325 per month. Employees must remain enrolled in the City's dental and vision plans. Vision Insurance - Vision Service Plan Dental Insurance - Aetna COBRA The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) requires that the group health plans provide employees and their dependents the opportunity to continue health care coverage under the plan in certain circumstances where coverage under the group health plan would otherwise terminate. While the City must make continued health coverage available, it can charge qualified beneficiaries up to 102% of the cost of coverage if continuation of benefits under the group plan is desired. XXVII. IRS CODE SECTION 125 PLAN The City shall set up a Cafeteria Plan, under IRS Code Section 125, to pay for medical, dental and vision premiums. The City shall provide to active employees in the bargaining unit up to the highest CalPERS HMO premium in each coverage category (E, E+1 or E+Family). Employees shall have the ability to elect which medical carrier to enroll with. Dental and vision insurance coverage shall also be a part of the cafeteria plan. 17 The City will provide classified employees the opportunity to participate on a voluntary basis in a Dependent Care Assistance Program (Section 129) under Internal Revenue Code Section 125, which allows employees to redirect part of their salary, before it is taxed, to be used for child, elderly and dependent care and eligible medical expenses. XXVIII. RETIRED EMPLOYEE HEALTH CARE The City shall contribute $15 per month towards each employee's retiree health savings plan established through [CMA-RC. Effective January 1, 2012, the City contribution shall cease. XXIX. LIFE INSURANCE The value of life insurance coverage for each classified employee is the equivalent to the annual salary plus $20,000. XXX. CALPERS LONG TERM CARE The City will offer this benefit at the sole expense of the employee. XXXI. PRE-PAID LEGAL SERVICES The City will offer this benefit at the sole expense of the employee. XXXII. COLLEGE SAVINGS PROGRAM (529 PLAN) The City will offer this benefit at the sole expense of the employee. XXXIII. RETIRING EMPLOYEE RECOGNITION PROGRAM The Retiring Employee Recognition Program provides for a salary incentive for long term City service. The guidelines and definitions for this program are detailed in Administrative Policy No. 223, Retiring Employees Recognition Program (Incentive for Long-Term City Service). Employees hired on or after July 1, 2009, are not eligible to participate in this program. XXXIV. RETIREMENT PLAN All full-time employees become a member of the Orange County Employees' Retirement System (OCERS). The City shall pay 3.6% of the employee's share of the retirement contribution for the first two years of employment. After two years of employment, the City shall pick up 100% of the employee's share of the retirement contribution. 18 Enhanced Retirement Benefit — The City has contracted with OCERS to provide an enhanced retirement program with the Orange County Employees Retirement System (OCERS) for the 2.7% at 55 based on an average three highest years salary benefit, effective January 1, 2004. This benefit will be applicable to all years of service. The Classified group has agreed to an additional payroll deduction in order to offset the increased cost of the employer share and employee share of the enhanced benefit. This additional deduction will be as follows: Less than two years of service 4.47% After two years of service 6.26% Effective July 1, 2012, each employee shall pay 50% of the employee contribution that was being paid on behalf of the employee by the City prior to July 1, 2012. Effective July 1, 2013, each employee shall pay the full employee contribution to retirement and the City will no longer pay any portion of the employee contribution to retirement. The intent of these changes is to have employees paying the employee contribution to retirement and the City paying the employer contribution to retirement. The changes are being phased in two years with the first change taking effect July 1, 2012, and the second change taking effect July 1, 2013. Effective January 1, 2012, any new employees hired on or after January 1, 2012, shall pay the full employee contribution to retirement with no payment of the employee's contribution by the City. Effective on or about July 1, 2012, the City shall implement a second tier retirement formula (2%@57). This second tier retirement formula shall apply to all employees hired on or after the date the second tier formula becomes effective. XXXV. SHORT/LONG-TERM DISABILITY INSURANCE Eligible employees shall receive short and long-term disability coverage or income protection of up to two--thirds of salary during disability periods due to non-job related injury or illness. Benefits are payable after a disability elimination period of 14 days is satisfied. XXXVI. ACTING STATUS Employees performing the duties of their supervisor or a higher-paid position due to vacation, illness or leave, for 14 calendar days or more shall receive acting status pay equivalent to the minimum salary rate for that position such that the minimum adjustment would be at least 5% above the employee's current salary with the approval of the Department Head and the Human Resources Manager. Acting status shall be retroactive to the first day and subject to no additional benefits. 19 XXXVIL RECLASSIFICATION OF POSITION Whenever a position is reclassified which is currently occupied by an incumbent who is satisfactorily performing the duties of the proposed position, the City shall place that incumbent in the reclassified position; without the need to undertake a recruitment. Such reclassifications shall not result in demotion. A reclassification may occur when the essential duties of a position change due to new technology, new regulations or laws, reorganization within the city, or other compelling reasons that increase to a higher level the duties performed by the position. The City shall notify the Association whenever a reclassification is to occur to allow the Association to request to meet and confer over the impact and salary of the position. Reclassification of an employee in a reclassified position may occur, at the City's discretion, if s/he has been satisfactorily performing the duties of the position for at least six months, as evaluated by the Department Head. Out-of-Class grievances that result in position reclassifications shall also result in the reclassification of the employee, provided s/he has been satisfactorily performing the duties of the position for at least 6 months, as evaluated by the Department Head. XXXVIII, PROMOTIONS TRANSFERS AND VOLUNTARY DEMOTIONS a. Promotions Promotion refers to the movement of an employee from a position in one class to another class imposing higher duties and responsibilities, requiring higher qualifications and providing a higher maximum rate of pay. Insofar as practical and consistent with the best interest of the City, as determined by the Personnel Officer, vacancies shall be filled by promotion from within whenever qualified employees exist. Promotion - only classes will be established by the Personnel Officer in consideration of input from the Department Heads. i. Requirements for Promotional Candidates Only regular employees who meet the requirements set forth in the Classification Plan and who received a satisfactory overall rating at the time of their last performance evaluation may compete in promotional opportunities. Any employee who wishes to apply for promotional opportunity must also have completed at least six (5) months in their present position. 20 ii. Resection Ilowing Promotion An employee rejected during or at the conclusion of the probationary period following promotional appointment shall be reinstated to the position from which promoted and shall be reinstated to the position or class, or comparable position or class from which promoted and shall receive credit for time served in the promotional position unless charges are filed and the employee is discharged in the manner provided for in these rules and regulations. b. Transfers A transfer occurs when an employee changes positions which are in the same classification having essentially the same maximum salary and requiring substantially the same qualifications. This may or may not involve a change of an employee's place of employment from one department to another. i. Conditions for Transfer An employee, who does not possess the minimum qualifications for an open position, shall not be transferred to that position. A qualified employee may be transferred, provided the transfer has been approved by the employee's supervisor, the new supervisor and the Personnel Officer. ii. Employee Requested Transfers New employees who have completed their probationary period in their current positions may apply for a transfer. All other employees, who have worked a minimum of six (6) months in their current position, may apply for a transfer. A request may be submitted only when a vacancy exists. The employee's request for transfer will be considered on the basis of the employee's qualifications for the vacant position, the employee's best interests, and the best interests of the City. Requests for transfers must be received according to deadlines established by the Personnel Officer. iii. Employer Initiated Transfers The City of San Juan Capistrano reserves the right to transfer its employees from one position to another or one department to another, if the transfer is necessary for the purpose of economy or efficiency. iv. Job Transfer Opportun..ities The City will consider lateral transfers and promotional opportunities to vacant positions within the same or similar job class for at least two weeks before they are opened competitively to non-employees. The employee requesting the transfer must have had a "satisfactory" rating on their last 21 evaluation and meet the minimum qualifications for the position. Employees eligible for transfer or promotional opportunities shall be given the opportunity to interview, The City would have no obligation to hire any of the applicants for transfer. c. Voluntary Demotion A regular employee may request a voluntary demotion to a vacant position in a class with a lower maximum salary rate provided the employee possesses the qualifications of that class. Such requests must be filed with the Personnel Officer and require approval of the current Department Head and that of the Department Head of the vacant position. XXXIX. PROMOTIONAL EXAMINATIONS Promotional examinations may be conducted whenever, in the opinion of the Personnel Officer after consultation with the Department Head, the need of the service so requires. Promotional examinations may include any of the selection techniques or any combination thereof mentioned above. Only current employees who meet the requirements of the position may compete in promotional examinations. XL. REGULAR APPOINTMENT FOLLOWING PROBATIONARY PERIOD Original appointments to positions within the classified service shall be subject to a probationary period of no less than six months and no more than twelve months. At the conclusion of the probationary period, the employee will be notified of regular status, provided the appointing authority approves the action. Achievement of regular employee status shall be based upon successful completion of a probation period, as determined by the Department Head and approved by the Personnel Officer. Promotional appointments shall be subject to a probationary period of six months. XLI. TERMINATION — RESIGNATION An employee wishing to leave the City in good standing shall file a written resignation stating the effective date and reason(s) for leaving with the immediate supervisor at least two (2) weeks before leaving the City The resignation shall be forwarded by the Department Head to the Personnel Office and City Manager. 22 XL11. LAYOFFS AND RE-EMPLOYMENT a. Conditions for Layoff The City Manager, with the concurrence of the City Council, may abolish any position, because of material change in duties and organization, or shortage of work or funds. The employee holding such position or employment may be laid off without disciplinary action and without the right of appeal. No regular employee shall be laid off until all temporary and probationary employees holding positions in the same classification in the department are first laid off. Only those employees in the department assigned to the classification in which the position is to be abolished shall be involved in this layoff procedure. b. Notice of Layoff Employees to be laid off shall be given at least fourteen (14) calendar days notice. c. Order of Layoff 1. Within the classification, employees will be ranked by seniority with the most senior employee given the highest ranking and the next most senior employee given the next highest ranking and so forth. For the purpose of this section, seniority shall be determined as total number of years of full-time employment with the City of San Juan Capistrano. This category is given a weight of 30%. 2. Within the classification, employees will also be ranked by performance, based upon performance evaluations, official records, and/or qualified testing procedures where applicable. The employee within the classification with the highest performance rating shall be given the highest ranking and the next most competent employee shall be given the next highest ranking, and so forth. This category is given a weight of 40%. a. To establish the performance ranking, each employee performance evaluation must be rated. A rating of 1 to 5 on the overall evaluation rating is assigned accordingly: Excellent - 5 Above Standard = 4 Meets Standards = 3 Needs Improvement = 2 Unsatisfactory = 1 23 3. Within the classification, employees will also be ranked by skill set, based upon education, licenses, and certificates obtained, which increase an employee's overall value to the organization. The employee with the greatest skill set within the classification shall be given the highest ranking and the employee with the next highest skill set level shall be given the next highest ranking, and so forth. This category will be given a weight of 30%. a. To establish the ranking for skill set, the following point system shall be applied: i. Education 1. PhD. = 4 points 2. Master's Degree = 3 points 3. Bachelor's Degree = 2 points 4. Associate of Arts Degree = 1 point A degree must be directly related to the position in order for it to be awarded a point value. ii. Licenses Each professional license _ 1 point iii. Certificates Each certificate _ .5 point Certificates issued upon completion of a test conducted by a sanctioning body such as a governmental, professional, or academic organization, are considered valid certificates. Training certificates that indicate that an employee participated in a training course or seminar are not awarded any point value; however, they would be incorporated into the performance evaluation. d. Layoff Procedure The Department Head will total the point values of the three categories (seniority, performance, and skill set) for each employee within the classification to determine the order of layoff. Employees will be laid off in order of the numerical ranking, that is, an employee with a lower ranking would be laid off before an employee with higher ranking. e. Re-employment List The names of persons laid off in accordance with these rules shall be entered on a re-employment list for one year, except that persons appointed to permanent positions shall, upon such appointment, be dropped from the list. 24 When a vacancy occurs in the subject class, the appointing authority shall consider the former employees from the re-employment list. It is the responsibility of the employee on a re-employment list to keep the City informed of his/her current address and telephone number, and availability for work. X.I...III. GRIEVANCE PROCEDURE a. Matters Subject to Grievance Procedures A grievance shall be initiated through an informal first step when the employee notifies the supervisor verbally of his/her contention that the City has violated or misapplied a specific. obligation expressed and/or written in the Personnel Rules and Regulations of the City. Personnel Division staff is available to assist Department Heads in such matters as the interpretation of Rules, documentation procedures and preparation of notices as requested. b. Notification of Grievance The second step in the grievance process shall be a written notice filed in a timely manner, on a form provided by the City which shall include at a minimum: 1. Nature of the grievance; 2. Date when the incident occurred; 3. Description of the incident; 4. Rule violated; and, 5. Specific remedy sought by the employee. c. Steps in the Grievance Process First Step Within ten (10) working days after the occurrence of the incident involved in the grievance, the employee may initiate the grievance process by discussing the matter informally with his/her immediate supervisor. An attempt shall be made to resolve the grievance between the employee and the immediate supervisor. The supervisor shall deliver an oral or written response within ten (10) working days after submission of the grievance. Second Step If the grievance is not satisfactorily resolved in the first step, the grievance may be submitted in writing to the supervisor's supervisor, if any, within the department organization within ten (10) working days after the immediate supervisor's answer is received by the employee. After an attempt to resolve the grievance between the employee and his/her designated representative, if any, the intermediate supervisor shall deliver a written answer within ten (10) working days after submission of the grievance. If there is no intermediate 25 supervisor, the grievance shall go directly to the Department Head. Third Step If the grievance is not satisfactorily resolved in the first and second steps, it shall be submitted in writing to the employee's Department Head within ten (10) working days after the intermediate supervisor's answer is received by the employee. The Department Head shall meet with the employee and his/her designated representative, if any, within ten (10) working days after submission of the grievance to the Department Head. The Department Head shall review the grievance and may affirm, reverse or modify the disposition made at the first and second steps and shall deliver a written answer to the employee within ten (10) working days after said meeting. d. Appeal of Decision If the grievance is not satisfactorily resolved, the employee may appeal the decision of the Department Head to the City Manager. At the option of the employee, the grievance may be submitted: i. Directly to the City Manager, or ii. To an impartial arbitrator who will provide an advisory opinion to the City Manager prior to the consideration of the grievance by the City Manager, or iii. To a mediator from the State Mediation and Conciliation Service who will provide findings and recommendations to the City Manager prior to consideration of the grievance by the City Manager. When the appeal is submitted to the City Manager, it shall specify whether the employee desires to have the appeal considered directly by the City Manager or reviewed first by an impartial arbitrator or state mediator. Such submission must occur within ten (10) working days after the Department Head's written answer is received. e. AdvisoU Arbitration An employee may elect to use an impartial arbitrator to provide an advisory opinion to the City Manager prior to the consideration of the grievance by the City Manager. After a hearing on the merits of the grievance and considering evidence from all parties concerned, the impartial arbitrator shall submit a written advisory opinion to the City Manager. Within ten (10) working days after receipt of the written advisory opinion of the impartial arbitrator, the City Manager shall meet with the employee and his/her designated representative, if any, and other appropriate persons to assess the grievance. The City Manager may affirm, reverse or modify the disposition of the grievance. The City Manager shall deliver a written decision to the employee 26 within five (5) working days after said meeting. The City Manager's decision shall conclude the administrative appeals procedure. If an employee elects to use an impartial arbitrator, the arbitrator shall be selected jointly by the employee and his/her designated representative, if any, and the City. The cost of the arbitrator, if any, shall be born equally by the employee and the City. f. State Mediation An employee may elect to use a certified mediator from the State Mediation and Conciliation Service to provide findings and recommendations to the City Manager prior to the consideration of the grievance by the City Manager. After a hearing on the merits of the grievance and considering evidence from all parties concerned, the certified mediator shall submit a written summary of his/her findings and recommendations to the City Manager. Within ten (10) working days after receipt of the written summary of findings and recommendations from the certified mediator, the City Manager shall meet with the employee and his/her designated representative, if any, and other appropriate persons to assess the grievance. The City Manager may affirm, reverse or modify the disposition of the grievance. The City Manager shall deliver a written decision to the employee within five (5) working days after said meeting. The City Manager's decision shall conclude the administrative appeals procedure. If an employee elects to certified mediator from the State Mediation and Conciliation Service, the certified mediator shall be selected jointly by the employee and his/her designated representative, if any, and the City. The cost of the certified mediator, if any, shall be born equally by the employee and the City. g. City Manacler An employee may elect to submit the grievance directly to the City Manager for a final and binding decision. Within ten (10) working days after submission of the grievance to the City Manager, the City Manager shall meet with the employee and his/her designated representative, if any, and other appropriate persons to assess the grievance. The City Manager may affirm, reverse or modify the disposition of the grievance. The City Manager shall deliver written decision to the employee within five (5) working days after said meeting, and such decision shall conclude the administrative appeals procedure. h. Extension of Time 27 Any or all of the time limitations mentioned above with reference to filing and response times may be extended by mutual agreement between the employee and the City. XLIV. FAIR EMPLOYMENT PRACTICE The City of San Juan Capistrano assures any technique or procedure used in recruitment and selection of employees shall be designed to measure only the job-related qualifications of applicants. No recruitment or selection technique shall be used which, in the opinion of the Personnel Officer, is not justifiably linked to successful job performance. It is the policy of the City that no technique, procedure or policy in recruitment and selection shall be discriminatory to any group protected by state or federal legislation. XLV. NON-DISCRIMINATION POLICY The City shall offer equal employment to all persons without regard to race, creed, color, sex, age, national origin, religion, physical or mental handicap or veterans' status. No applicant is to be discriminated against or given preference because of these factors. This policy is intended to apply to recruiting, hiring, promotions, upgrading, layoffs, compensation, benefits, termination and all other privileges, terms and conditions of employment. XLVI. CONTINUATION OF BENEFITS All other fringe benefits previously granted and currently in effect to represented employees shall remain in full force and effect for the time period of May 1, 2011 to June 30, 2014 unless modified by the provisions of this agreement. XLVII. SEPARABILITY The provisions contained in this agreement have been bargained for and agreed to independently, and no particular clause, condition, or agreement is contingent or dependent upon any other; therefore, should any such clause, condition, or agreement be held to be void or unenforceable, the remainder of the terms and conditions of this agreement shall remain in full force and effect. XLVIII. PERSONNEL RULES Proposed changes to the Personnel Rules submitted during the negotiation of this agreement are to be negotiated separately between January 1- June 30, 2012. Such proposed changes are subject to meet and confer and unilateral implementation in the absence of an agreement. Any further changes during the term of this contract are subject to meet and confer and mutual agreement prior to implementation. 28 This agreement, entered into this day of , 2012. SAN JUAN CAPISTRANO MUNICIPAL EMPLOYEES RELATIONS OFFICER Karen P. Brust, City Manager SAN JUAN CAPISTRANO CITY EMPLOYEES ASSOCIATION Authorized Representative Authorized Representative ATTEST: CITY OF SAN JUAN CAPISTRANO Maria Morris , City Clerk Approved by the City Council of the City of San Juan Capistrano on this day of , 2012. 29 RESOLUTION NO. 12-02-07-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 94-12-6-5, THE CITY'S CLASSIFICATION AND COMPENSATION PLAN WHEREAS, the City Council of the City of San Juan Capistrano is authorized and directed under the City's Personnel Rules and Regulations to adopt and amend a Personnel Classification and Compensation Plan in order to administer the City's Personnel Management System; and, WHEREAS, agreement has been reached between the City and the San Juan Capistrano Management and Professional Employees Association; and, WHEREAS, agreement has been reached between the City and the San Juan Capistrano Classified Employees Association; and, WHEREAS, agreement has been reached with the Unrepresented Employees; and, WHEREAS, the City now desires to amend the Personnel Classification and Compensation Plans in order to implement the salary increases for the members of the Management and Professional Employees Association, the Classified Employees Association, and the Unrepresented Employees and provide similar compensation for all part-time and temporary, full-time employees in the classifications listed in Exhibits A through G; and, WHEREAS, the City has listed unrepresented part-time classifications in Exhibit H; and, WHEREAS, the City's Personnel Rules and Regulations provide that adoption or amendment of the City's Personnel Classification and Compensation Plans shall be made by resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby amend Resolution No. 94-12-6-5, the City's Personnel Classification and Compensation Plans as set forth in Exhibits A through H. PASSED, APPROVED, AND ADOPTED this 7th day of February, 2012. LARRY KRAMER, MAYOR ATTEST: MARIA MORRIS, CITY CLERK CITY OF SAN JUAN CAPISTRANO Effective Date: January 1, 2032 Compensation Plan Management and Professional Employees Association Class Title Grade Class Step 1 Step 2 Step 3 Step 4 Step 5 Management Analyst 47 2120 4,771 5,009 5,260 5,523 6,799 Systems Business Analyst 56 2130 5,958 6,256 6,569 6,897 7,242 Senior Financial Analyst 56 2140 5,958 6,256 6,569 6,897 7,242 Senior Managment Analyst 56 2110 5,958 6,256 6,569 6,897 7,242 Historic Preservation Manager 57 3060 6,107 6,413 6,733 7,070 7,423 Senior Planner 57 3025 6,107 6,413 6,733 7,070 7,423 Executive Services Manager 58 2150 6,260 6,573 6,902 7,247 7,609 Community Services Manager 60 4020 6,577 6,906 7,251 7,613 7,994 Principal Planner 60 3030 6,577 6,906 7,251 7,613 7,994 Safety and Emergency Services Manager 61 2115 6,741 7,078 7,432 7,804 8,194 Senior Engineer 62 6020 6,910 7,255 7,618 7,999 8,399 Accounting Manager 63 1130 7,083 7,437 7,808 8,199 8,609 Public Works Manager 63 6020 7,083 7,437 7,808 8,199 8,609 Technology Services Manager 63 2160 7,083 7,437 7,808 8,199 8,609 Senior Civil Engineer 64 5015 7,260 7,623 8,004 8,404 8,824 Senior Civil Engineer-Environmental Services 64 6016 7,260 7,623 8,004 8,404 8,824 Economic Development/Redevelopment Manager 66 1410 7,627 8,008 8,409 8,829 9,271 Building & Code Enforcement Manager 67 5110 7,818 8,209 8,619 9,050 9,503 Utilities Engineer 67 7130 7,818 8,209 8,619 9,050 9,503 Assistant Financial Services Director 68 1120 8,013 8,414 8,835 9,276 9,740 Assistant Public Works Director 68 5020 8,013 8,414 8,835 9,276 9,740 Assistant Development Services Director 68 3020 8,013 8,414 8,835 9,276 9,740 Assistant Utilities Director 69 7110 8,214 8,624 9,055 9,508 9,984 CITY OF SAN JUAN CAPISTRANO Effective Date: July 1, 2012 Compensation Plan Management and Professional Employees Association Salary Schedule Class Title Grade Class Step 'I Step 2 Step 3 Ste 4 Step 5 Management Analyst 47 2120 4,914 5,160 5,418 5,689 5,973 Systems Business Analyst 56 2130 6,137 6,444 6,766 7,104 7,460 Senior Financial Analyst 56 2140 6,137 6,444 6,766 7,104 7,460 Senior Managment Analyst 56 2110 6,137 6,444 6,766 7,104 7,460 Historic Preservation Manager 57 3060 6,290 6,605 6,935 7,282 7,645 Senior Planner 57 3025 6,290 6,605 6,935 7,282 7,646 Executive Services Manager 58 2150 6,448 6,770 7,109 7,464 7,837 Community Services Manager 60 4020 6,774 7,113 7,468 7,842 8,234 Principal Planner 60 3030 6,774 7,113 7,468 7,842 8,234 Safety and Emergency Services Manager 61 2115 6,943 7,291 7,655 8,038 8,440 N) Senior Engineer 62 5020 7,117 7,473 7,847 8,239 8,651 Accounting Manager 63 1130 7,295 7,660 8,043 8,445 8,867 Public Works Manager 63 6020 7,295 7,660 8,043 8,445 8,867 Technology Services Manager 63 2160 7,295 7,660 8,043 8,445 8,867 Senior Civil Engineer 64 5015 7,477 7,851 8,244 8,656 9,089 Senior Civil Engineer-Environmental Services 64 5016 7,477 7,851 8,244 8,656 9,089 Economic Development/Redevelopment Manager 66 1410 7,856 8,249 8,661 9,094 9,549 Building & Code Enforcement Manager 67 5110 8,052 8,455 8,878 9,322 9,788 Utilities Engineer 67 7130 8,052 8,455 8,878 9,322 9,788 Assistant Financial Services Director 68 1120 8,254 8,666 9,100 9,555 10,032 M Assistant Public Works Director 68 5020 8,254 8,666 9,100 9,555 10,032 ©o Assistant Development Services Director 68 3020 8,254 8,666 9,100 9,555 10,032 __4 Assistant Utilities Director 69 7110 8,460 8,883 9,327 9,793 10,283 03 CITY OF SAN JUAN CAPISTRANO Effective Date: July 1, 2013 Compensation Plan Management and Professional Employees Association Salary Schedule Class Title Grade Class Step 1 Step 2 Step 3 Step 4 Step 5 Management Analyst 47 2120 5,061 5,315 5,580 5,859 6,152 Systems Business Analyst 56 2130 6,321 6,637 6,969 7,317 7,683 Senior f=inancial Analyst 56 2140 6,321 6,637 6,969 7,317 7,683 Senior Managment Analyst 56 2110 6,321 6,637 6,969 7,317 7,683 Historic Preservation Manager 57 3060 6,479 6,803 7,143 7,500 7,875 Senior Planner 57 3025 6,479 6,803 7,143 7,500 7,875 Executive Services Manager 58 2150 6,641 6,973 7,322 7,688 8,072 Community Services Manager 60 4020 6,977 7,326 7,693 8,077 8,481 Principal Planner 60 3030 6,977 7,326 7,693 8,077 8,481 G, Safety and Emergency Services Manager 61 2115 7,152 7,509 7,885 8,279 8,693 Senior Engineer 62 5020 7,331 7,697 8,082 8,486 8,910 Accounting Manager 63 1130 7,514 7,590 8,284 8,698 9,133 Public Works Manager 63 6020 7,514 7,890 8,284 8,698 9,133 Technology Services Manager 63 2160 7,514 7,890 8,284 8,698 9,133 Senior Civil Engineer 64 5015 7,702 8,087 8,491 8,916 9,361 Senior Civil Engineer-Environmental Services 64 5016 7,702 8,087 8,491 8,916 9,361 Economic Development/Redevelopment Manager 66 1410 8,092 8,496 8,921 9,367 9,835 Building & Code Enforcement Manager 67 5110 8,294 8,709 9,144 9,601 10,081 Utilities Engineer 67 7130 8,294 8,709 9,144 9,601 10,081 Assistant Financial Services Director 68 1120 8,501 8,926 9,373 9,841 10,333 M Assistant Public Works Director 68 5020 8,501 8,926 9,373 9,841 10,333 Assistant Development Services Director 68 3020 8,501 8,926 9,373 9,841 10,333 W Assistant Utilities Director 69 7110 8,714 9,149 9,607 10,087 10,592 0 CITY OF SAN JUAN CAPISTRANO Effective Date; July 1, 2012 Compensation Pian Classified Employee Association Salary Schedule Class Title Grade Class Step I Step 2 Step 3 Step 4 Step 5 Utiliites Operator Trainee 11 7070 2,015 2,115 2,221 2,332 2,449 Office Assistant 25 2035 2,847 2,989 3,138 3,295 3,460 Accounting Clerk 33 1155 3,468 3,642 3,824 4,015 4,216 Maintenance Worker 1 33 6060 3,468 3,642 3,824 4,015 4,216 Accounting Specialist 35 1150 3,644 3,826 4,017 4,218 4,429 Customer Service Representative 35 1170 3,644 3,826 4,017 4,298 4,429 Maintenance Worker II 35 6050 3,644 3,826 4,017 4,218 4,429 Utilities Operator 1 35 7060 3,644 3,826 4,017 4,218 4,429 Administrative Specialist 36 2030 3,735 3,922 4,118 4,324 4,540 Field Customer Sery Representative 37 1165 3,828 4,020 4,221 4,432 4,653 Senior Accounting Specialist 39 1140 4,022 4,223 4,435 4,656 4,889 Utilities Operator 11 39 7050 4,022 4,223 4,435 4,656 4,889 Senior Maintenance Worker 40 6040 4,123 4,329 4,545 4,773 5,011 Utilities Operator 11 - Groundwater Treatment Plant 41 7051 4,226 4,437 4,659 4,892 5,137 Administrative Coordinator 42 2020 4,332 4,548 4,775 5,014 5,265 Deputy City Clerk 42 1320 4,332 4,548 4,775 5,014 5,265 Engineering Technician 42 5050 4,332 4,548 4,775 5,014 5,265 M Human Resources Assistant 42 1220 4,332 4,548 4,775 5,014 5,265 X --i -Part-time hourly positions are paid in hourly equivalent of monthly salary. CITY OF SAN JUAN CAPISTRANO Effective Date: July 1, 2012 Compensation Plan Classified Employee Association Salary Schedule Class Title Grade Class Step 1 Step 2 Step 3 Step 4 Step 5 Planning Technician 42 3050 4,332 4,548 4,775 5,014 5,265 Community Services Coordinator 43 4030 4,440 4,662 4,895 5,140 5,397 Executive Assistant 44 2010 4,551 4,778 5,017 5,268 5,532 GIS Specialist 44 5051 4,551 4,778 5,017 5,268 5,532 Housing/Redevelopment Coordinator 44 1420 4,551 4,778 5,017 5,268 5,532 Permit Technician 44 5140 4,551 4,778 5,017 5,268 5,532 Utilities Operator 111 45 7040 4,665 4,898 5,143 5,400 5,670 Engineering Assistant 46 5037 4,781 5,020 5,271 5,535 5,812 Senior Permit Technician 46 5135 4,781 5,020 5,271 5,535 5,812 Public Works Supervisor 47 6030 4,901 5,146 5,403 5,673 5,957 Senior Citizen Program Coordinator 47 4025 4,901 5,146 5,403 5,673 5,957 Utilities Operator III - Groundwater Treatment Plant 47 7041 4,901 5,146 5,403 5,673 5,957 Accountant 48 1135 5,023 5,274 5,538 5,815 6,106 Assistant Planner 48 3045 5,023 5,274 5,538 5,815 6,106 Customer Service Supervisor 48 1175 5,023 5,274 5,538 5,815 6,106 Senior Executive Assistant 48 2015 5,023 5,274 5,538 5,815 6,106 Building & Grading Inspector 49 5120 5,149 5,406 5,677 5,960 6,258 Code Enforcement Officer 49 5130 5,149 5,406 5,677 5,960 6,258 *Part-time hourly positions are paid in hourly equivalent of monthly salary. CITY OF SAN JUAN CAPISTRANO Effective Date: July 1, 2012 Compensation Plan Classified Employee Association Salary Schedule Class Title Grade Class Step 1 Step 2 Step 3 Step 4 Step 5 Water Conservation Coordinator 49 7030 5,149 5,406 5,677 5,960 6,258 Water Construction Inspector 49 5040 5,149 5,406 5,677 5,960 6,258 Associate Planner 52 3040 5,545 5,822 6,113 6,419 6,740 Water Construction Inspector 52 5045 5,545 5,822 6,113 6,419 6,740 Utility Programs Supervisor 53 7015 5,683 5,967 6,266 6,579 6,908 rn Assistant Engineer 54 5035 5,825 6,117 6,422 6,744 7,081 Utilities Superintendent 55 7020 5,971 6,270 6,583 6,912 7,258 Associate Engineer 58 5030 6,430 6,752 7,089 7,444 7,816 Chief Plant Operator 61 7025 6,925 7,271 7,634 8,016 8,417 *Part-time hourly positions are paid in hourly equivalent of monthly salary. CITY OF SAN JUAN CAPISTRANO Effective Date; July 1, 2013 Compensation Plan Classified Employee Association Salary Schedule Class Title Grade Class Step 1 Step 2 Step 3 Step 4 Step 5 Utiliites Operator Trainee 11 7070 2,075 2,179 2,288 2,402 2,522 Office Assistant 25 2035 2,932 3,079 3,233 3,394 3,564 Accounting Clerk 33 1155 3,572 3,751 3,939 4,136 4,342 Maintenance Worker 1 33 6060 3,572 3,751 3,939 4,136 4,342 Accounting Specialist 35 1150 3,753 3,941 4,138 4,345 4,562 Customer Service Representative 35 1170 3,753 3,941 4,138 4,345 4,562 Maintenance Worker II 35 6050 3,753 3,941 4,138 4,345 4,562 Utilities Operator 1 35 7060 3,753 3,941 4,138 4,345 4,562 Administrative Specialist 36 2030 3,847 4,039 4,241 4,453 4,676 Field Customer Sery Representative 37 1165 3,943 4,140 4,347 4,565 4,793 Senior Accounting Specialist 39 1140 4,143 4,350 4,568 4,796 5,036 Utilities Operator 11 39 7050 4,143 4,350 4,568 4,796 5,036 Senior Maintenance Worker 40 6040 4,246 4,459 4,682 4,916 5,162 Utilities Operator 11 - Groundwater Treatment Plant 41 7051 4,353 4,570 4,799 5,039 5,291 Administrative Coordinator 42 2020 4,461 4,685 4,919 5,165 5,423 Deputy City Clerk 42 1320 4,461 4,685 4,919 5,165 5,423 Engineering Technician 42 5050 4,461 4,685 4,919 5,165 5,423 M Human Resources Assistant 42 1220 4,461 4,685 4,919 5,165 5,423 X "Part-time hourly positions are paid in hourly equivalent of monthly salary. M CITY OF SAN JUAN CAPISTRANO Effective Date; July 1, 2013 Compensation Plan Classified Employee Association Salary Schedule Class Title Grade Class Step I Step 2 Step 3 Step 4 Step 5 Planning Technician 42 3050 4,461 4,685 4,919 5,165 5,423 Community Services Coordinator 43 4030 4,573 4,802 5,042 5,294 5,558 Executive Assistant 44 2010 4,687 4,922 5,168 5,426 5,697 GIS Specialist 44 5051 4,687 4,922 5,168 5,426 5,697 HousinglRedevelopment Coordinator 44 1420 4,687 4,922 5,168 5,426 5,697 Permit Technician 44 5140 4,687 4,922 5,168 5,426 5,697 Utilities Operator III 45 7040 4,804 5,045 5,297 5,562 5,840 OD Engineering Assistant 46 5037 4,925 5,171 5,429 5,701 5,986 Senior Permit Technician 46 5135 4,925 5,171 5,429 5,701 5,986 Public Works Supervisor 47 6030 5,048 5,300 5,565 5,843 6,136 Senior Citizen Program Coordinator 47 4025 5,048 5,300 5,565 5,843 6,136 Utilities Operator III - Groundwater Treatment Plant 47 7041 5,048 5,300 5,565 5,843 6,136 Accountant 48 1135 5,174 5,433 5,704 5,989 6,289 Assistant Planner 48 3045 5,174 5,433 5,704 5,989 6,289 Customer Service Supervisor 48 1175 5,174 5,433 5,704 5,989 6,289 Senior Executive Assistant 48 2015 5,174 5,433 5,704 5,989 6,289 Building & Grading Inspector 49 5120 5,303 5,568 5,847 6,139 6,446 Code Enforcement Officer 49 5130 5,303 5,568 5,847 6,139 6,446 *Part-time hourly positions are paid in hourly equivalent of monthly salary. CITY OF SAN JUAN CAPISTRANO Effective Date: July 1, 2013 Compensation Plan Classified Employee Association Salary Schedule Class Title Grade Class Step 'I Step 2 Step 3 Step 4 Step 5 Water Conservation Coordinator 49 7030 5,303 5,568 5,847 6,139 6,446 Water Construction Inspector 49 5040 5,303 5,568 5,847 6,139 6,446 Associate Planner 52 3040 5,711 5,997 6,296 6,611 6,942 Water Construction Inspector 52 5045 5,711 5,997 6,296 6,611 6,942 Utility Programs Supervisor 53 7015 5,854 6,147 6,454 6,777 7,115 Assistant Engineer 54 5035 6,000 6,300 6,615 6,946 7,293 Utilities Superintendent 55 7020 6,150 6,458 6,781 7,120 7,476 Associate Engineer 58 5030 6,623 6,954 7,302 7,667 8,050 Chief Plant Operator 61 7025 7,132 7,489 7,863 8,257 8,669 *Part-time hourly positions are paid in hourly equivalent of monthly salary. CITY OF SAN JUAN CAPISTRANO Effective Date: July 1, 2012 Compensation Plan Executive Employee Salary Schedule Class Title Grade Class Step I Step 2 Step 3 Step 4 Step 5 Human Resources Manager* 67 7130 7,973 8,372 8,790 9,230 9,692 Development Services Director 78 3010 10,462 10,985 11,534 12,111 12,716 Public Works Director 79 6010 10,723 91,259 11,822 12,413 13,034 Utilities Director 79 7010 10,723 11,259 11,822 12,413 13,034 Chief Financial Officer 81 1020 11,266 11,829 12,421 13,042 13,694 Assistant City Manager 81 1030 11,266 11,829 92,421 13,042 13,694 City Clerk /Per contract City Manager /Per contract M 9B *_ Human Resources Manager position placed at the next closest higher range in the Executive Grade Table. n CITY OF SAN JUAN CAPISTRANO Effective Date: July 1, 2013 Compensation Plan Executive Employee Salary Schedule Class Title Grade Class Step 9 Step 2 Step 3 Step 4 Step a Human Resources Manager 67 7130 8,133 8,639 8,966 9,415 9,885 Development Services Director 78 3010 10,671 11,204 11,765 12,353 12,970 Public Works Director 79 6010 10,938 11,484 12,059 12,662 13,295 Utilities Director 79 7010 10,938 11,484 12,059 12,662 13,295 Chief Financial Officer 81 1020 11,491 12,066 12,669 13,303 13,968 Assistant City Manager 81 1030 11,491 12,066 12,669 13,303 13,968 City Clerk /Per contract City Manager /Per contract CITY OF SAN JUAN CAPISTRANO Effective Date: February 7, 2012 Compensation Plan Employee Salary Schedule Unrepresented Part-Time Classifications Class Tule Grade Class Step 1 Step 2 Step 3 Step 4 Step 5 Recreation Leader* 15 4040 2159 2267 2380 2499 2624 Administrative Intern* 16 2040 2213 2324 2440 2562 2690 Engineering Intern* 16 5060 2213 2324 2440 2562 2690 Planning Intern* 16 3055 2213 2324 2440 2562 2690 Senior Recreation Leader* 25 4035 2764 2902 3048 3200 3360 Volunteer Coordinator* 47 2210 4759 4996 5246 5509 5784 K) M X Z *Part-time hourly positions are paid in hourly equivalent of monthly salary. 32400 PASEO ADELANTO Y �„ MEMBERS OFTHE CM COUNCIL SAN JUAN CAPIS ANO,CA 926]5 SUAgLLEVATO (949149311]1 IlMmnn MA IAUESE (949)4931053 FAx 'I'I11BINI 1961 W Wy g ER ",%wsanjuancapis(rana.arg 1776 - OERER REEVE • • JOHN TAriOR TRANSMITTAL TO: Jeff Natke, Esquire City Employees Association 2918 E. 7(B Street Long Beach, CA 90804 DATE: March 20, 2012 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Memorandum of Understanding (2) —San Juan Capistrano Management and Professional Employees Association & San Juan Capistrano Classified Employee Association Enclosed: 1) Copy, Memorandum of Understanding - San Juan Capistrano Management and Professional Employees Association 2) Copy, Memorandum of Understanding - San Juan Capistrano Classified Employee Association If you have questions concerning the agreement, please contact Tom Bokosky, Human Resources Manager at (949) 443-6321. Cc: Tom Bokosky, Human Resources Manager Alan Oswald, MPEA President Joe Mankawich, CEA President San Juan Capistrano: Preserving the Past to Enhance the Future t1 Fnnletl o +oox.xva.a��, Christy Jaki From: Christy Jakl Sent: Tuesday, March 20, 2012 4:42 PM To: Tom Bokosky Cc: Laura Hendrix Subject: Employee MOUS Attachments: Transmittal.pdf, 11-0501 to 14-0630 MOU - Classified Employees.pdf, 11-0501 to 14-0630 MOU - Mngt & Professional Employee.pdf Good Afternoon, Attached are the executed MOUS with the employee associations and transmittal. Kindest Regards, Christ? JAI Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax 1 Christy Jaki From: Christy Jakl Sent: Tuesday, March 20, 2012 4:43 PM To: Joe Mankawich Subject: Classified Employee MOU Attachments: 11-0501 to 14-0630 MOU - Classified Employees.pdf;Transmittal.pdf Hi Joe, Attached is the executed Employee MOU. Thanks! Uirist? JAI Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax i Christy Jaki From: Christy Jakl Sent: Tuesday, March 20, 2012 4:44 PM To: Alan Oswald Subject: Employee MOU Attachments: 11-0501 to 14-0630 MOU - Mngt & Professional Employee.pdf, Transmittal.pdf Good Afternoon, Attached is the executed Employee MOU. Thanks! Uirist? JAI Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax i