1983-0916_OC WATERWORKS DISTRICT #4_Memorandum of Understanding 1983--84 MEMORANDUM OF UNDERSTANDING
between
CAPISTRANO VALLEY WATER DISTRICT
and
CAPISTRANO VALLEY WATER DISTRICT EMPLOYEES
}
WHEREAS, the District ' s General Manager and authorized
representatives of the District ' s Employees have met and conferred
in good faith and have reached a mutual understanding concerning
certain Employer-Employee matters.
NOW, THEREFORE, it is mutually agreed by the duly authorized
District and Employee representatives that the .following shall
constitute their Memorandum of Understanding:
1. SALARY
The District will provide a cost of living salary increase
of 2. 40% to all employees, effective July 1, 1983 .
2 . RETIREMENT CONTRIBUTION
a) The District agrees to contribute an additional 2%
of each employee ' s required contribution on their behalf
to the Orange County Employees Retirement System, in
addition to the District ' s required contribution as
Employer. In the event an employee ' s contribution rate
is less than 2%, the District has no obligation to
provide further compensation to the employee, except to
fund the portion of the employee ' s contribution up to
the 2%.
b) The contribution would commence after each employee
has completed two (2) years of service as an employee of
the District.
3. CONTINUATION OF BENEFITS
All fringe benefits previously granted and currently in
effect to represented employees shall remain in full
force and effect for fiscal year 1983--84 , notwithstanding
other provisions of this Memorandum.
4 . SEPARABILITY
The provisions contained in this Memorandum have been
bargained for and agreed to independently and no particular
clause, condition or agreement is contingent or dependent
upon any ether; therefore, should any such clause,
condition or agreement be held to be void or unenforceable,
the remainder of the terms and conditions of this
Memorandum shall remain in .full. Force and effect.
5. TERM OF MEMORANDUM
This Memorandum of Understanding shall be in effect from
July 1, 1983 to June 34, 1984 .
DATED this G 7f� day of _ r 1983.
f
DISTRICT GENERAL MANAGER
oe
James S. Mocalis
DISTRICT EMPLOYEES
A '�anchez, Employe .—Renresei�tati
o
e7rASy he Board of
Directors of Capistrano Valley Water
District on this day of ' , 1983 .
CAPISTRANO VALLEY WATER DISTRICT
Anthony L. Bland, Chairman
1,1EMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
MUNICIPAL EMPLOYEE RELATIONS OFFICER
AND
THE SAN JUAN CAPI,STRANO CITY EMPLOYEES ASSOCIATION
SECTION 1. 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 City Employees Association, hereinafter
known as "the Association, " in accordance with the provisions of
Sections 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 July 1, 1983 through June 30 , 1984 .
SECTION Z . RECOGNITION
The City recognizes the Association as the "recognized
employee organization" for all employees within the unit of repre-
sentation, consisting of permanent full-time employees in the
following classifications:
Clerk Typist Senior Building and Grading
Secretary Inspector
Administrative Secretary Assistant Building Official
Records Coordinator Engineering Aide
Deputy City Clerk Senior Engineering Aide
Account Clerk Engineering Assistant
----S-e-nio:r Account Clerk Construction Inspector
Accounting Technician Senior Construction Inspector
Recreation Specialist Assistant Civil. Engineer
Recreation Supervisor Associate Civil Engineer
Land Use Coordinator Equipment Maintenance Worker
Assistant Planner Maintenance Worker
Associate Planner Street Sweeper Operator
Building Plan Examiner Lead Maintenance Worker
Building and Grading Senior Lead Maintenance Worker
Inspector
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Memorandum of Understanding
City Employees Association
Permanent full-time employees in the following positions
are designated as Confidential Employees:
Administrative Secretary All personnel in the
Accounting Technician - City Manager' s Office
Payroll
SECTION 3. RULES AND REGULATIONS
It is understood and agreed that there exists within the
City certain Personnel Rues and Regulations set forth in the
Municipal Code , the Personnel Rules and Regulations of the City,
the Administrative Manual , the Employer-Employee Relations Resolution,
departmental rules and regulations , and other written policies of
the City which shall remain in full force and effect during the term
of this agreement, except for the changes specifically noted in this
Memorandum of Understanding in Sections 8 and 9 , and set forth in
Exhibit FSA„
SECTION 4 . SALARY INCREASE
1 . The City agrees to grant a salary increase of 1. 5% to all
employees in the unit of representation, effective July 1 , 1983 .
The 1. 5% salary increase shall be represented by advancing each
employee three (3) code steps on the Basic Compensation Plan.
2 . Any employee in a "Y" rated position shall not incur an
actual loss of salary, and shall be entitled to receive one-half
of any cost of living salary adjustments granted to employees within
the unit of representation. For example , if cost of living is 1. 5% ,
a "Y" rated employee would be entitled to receive an increase of
. 75% , or one-half of the agreed upon salary adjustment.
SECTION 5 . MEDICAL/DENTAL INSURANCE PREMIUMS
1. The City agrees to implement a $200 . 00/$600 . 00 deductible
medical/dental program effective August 1 , 1983 .
2 . The cost of medical/dental premiums effective August 1 „
1983 is $215 . 47 per month for each employee electing dependent
coverage . The cost of medical/dental premiums is $75 . 52 Der month
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Memorandum of Understanding -
City Employees Association
for each employee electing single coverage . The City agrees to
pay $215 . 47 per month on behalf of each employee electing dependent
coverage , and $75. 52 per month for each employee receiving single
coverage. Represented employees currently receiving premium
reimbursement of $63. 46 per pay period for not selecting dependent
coverage shall continue to receive the premium reimbursement with
the understanding that such reimbursement is subject to tax laws
and reportable as income.
3. The City agrees to establish and maintain a fund equivalent
to the additional deductible for each employee in the amount of
$100 . 00 for each employee electing single coverage, and $300 . 00
for each employee electing dependent coverage. After paying the
first $100. 00 of the $200 . 00 deductible (single coverage) , an
employee may be reimbursed from the fund up to $100 . 00 to meet the
balance of the $200. 00 deductible expense; after paying the first
$300. 00 of the $600 . 00 (dependent coverage) deductible , an employee
may be reimbursed up to $300 . 00 to meet the balance of the $600 . 00
deductible.
SECTION 6 . MEDICAL/DENTAL REVIEW COMMITTEE
1. The City agrees to form, and the Association agrees to
participate in a study committee to monitor and review the issue
of medical/dental costs , programs , benefit levels , etc. The
purpose of the committee will be to advise the City Manager on
methods to stabilize or reduce medical/dental insurance costs
for the City while maintaining a viable medical/dental insurance
program for the City employees.
SECTION 7 . RETIREMENT CONTRIBUTION
1. The City agrees to contribute an additional 20 of each
represented employee' s required contribution on their behalf to
the Orange County Employees Retirement System, in addition to
the City' s required contribution as Employer. In the event an
employee' s contribution rate is less than 2% , the City has no
obligation to provide further compensation to the employee , except
to fund the portion of the employee ' s contribution up to the 2% .
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Memorandum of Understanding
City Employees Association
2. The contribution would commence after each employee has
completed two (2) years of service as an employee of the City.
3 . The total compensation obligations of the City and the
represented employees to the Orange County Employees Retirement
System are demonstrated on the attached chart entitled Exhibit "B" .
SECTION 8 . VACATION ALLOWANCE
1. The vacation schedule for all represented employees shall
be revised as follows:
Length of Service Annual Hours Accrued
0-3 years 80 hours
4-7 years 128 hours
8-10 years 144 hours
more than 10 years 160 hours
2 . The City agrees to amend the City Personnel Rules and Regula-
tions , Section 6. 0 EMPLOYEE BENEFITS , to read as provided in the
attached Exhibit "A" .
SECTION 9 . ON-THE-JOB INJURY PROVISIONS
1 . The City agrees to provide for reinstatement of three-day
on-the-job injury with pay provisions previously deleted after meet
and confer sessions during the re-write of the Personnel Rules.
2 . The provisions shall allow an employee to be absent with
pay for up to three days due to an on-the-job injury, providing:
a. The absence is at the direction of a medical physician;
b. An on-the-job injury report is prepared and filed; and
C. The injury occurred while the employee was performing
work duties on the job.
3 . The City agrees to amend the City Personnel Rules and Regula-
tions, Section 6 . 0 EMPLOYEE BENEFITS , to read as provided in the
attached Exhibit "A" .
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Memorandum of Understanding
City Employees Association
SECTION 10. MILEAGE REIMBURSEMENT
1. The City agrees to revise the mileage reimbursement rate
(currently at 18c� per mile) by August 30 , 1983 , after conducting
a survey of mileage reimbursement rates used by other agencies.
SECTION 11. PERFORMANCE PAY AWARD PROGRAM
1. The City and the Association agree to continue to meet and
confer on the issue of revisions to the Performance Pay Award Program.
Specific issues to be addressed include:
a. Proposed deletion of 10% limitation on the number of
recipients,
b. Composition of the employee review committee;
C. Other issues of concern to the City and the Association.
2 . Discussions on the Performance Pay Award Program shall be
completed by January 1 , 1984 . If agreement on the outstanding issues
is not met by January 1, 1984 , the current program shall remain in
effect to the end of the fiscal year.
SECTION 12 . CONTINUATION OF BENEFITS
All fringe benefits previously granted and currently in
effect to represented employees shall remain in full force and
effect for fiscal year 1983-84 , notwithstanding other provisions
of this Agreement.
SECTION 13. 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. -
-5-
Memorandum of Understanding -
City Employees Association
This Agreement , entered into thisf ,,day of .1983 ,
SAN JUAN CAPISTRANO
MUNICIPAL EMPLOYEE RELATIONS OFFICER
-;7*
Stephen B. Ju ian
,SAN JUAN CAPISTRANO
CITY EMPLOYEES ASSOCIATION
l
Authorized presentative Authorized Represen ive
Authoriz V,
Re esentative
APPROVED by the City Council of the City of San Juan
Capistrano on this , day of , 1983 .
CITY OF SAN JUAN CAPISTRANO
fi !tet-y
Anthony L. land, Mayor
-6-
EXHIBIT "A"
6. 1 Vacation : All permanent employees shall accrue annual working
hours of vacation monthly according to the following schedules :
a) Management Employees
Length of Service Annual Hours Accrued
0-3 years 80
4-10 years 120
more than 10 years 160
Accrual at the next highest incremental rate shall commence on the
first day of the fourth and eleventh year of employment, respective-
ly.
The maximum amount- of vacation time which may be accrued by manage-
ment employees and used for time-off shall be 300 hours; any accumu-
lation of hours above 300 shall be forfeited by the employee. The
maximum amount of vacation time that will be compensated for in cash
upon separation from City service shall be 240 hours. It shall be
the responsibility of the employee and- the department head to ensure
that employees utilize credited vacation leave within the limitation
set forth herein.
b) Classified Employees - (Non-Management)
Length of Service Annual Hours Accrued
0-3 years 80
4-7 years 128
8-10 years 144
more than 10 years 160
Accrual at the next highest incremental rate shall commence on the
first day of the fourth, eighth and eleventh year of employment,
respectively.
The maximum amount of vacation time which may be accrued by classi-
fied employees at any time shall be 240 hours ; any accumulation of
hours above 240 shall be forfeited by the employee. It shall be the
responsibility of the employee and the department head to ensure that
employees utilize credited vacation leave within the limitation set
forth herein.
c) Permanent Part-Time_ Employees
Permanent part-time employees shall be eligible to accrue vacation
credit on a pro-rata formula based on the number of hours worked
and accrual rate as provided classified employees (i .e. , 20 hours
per week equals one-half vacation accrual rate) .
The maximum amount of vacation time which may be accrued by permanent
part-time employees at any time shall be 240 hours ; any accumulation
of hours above 240 shall be forfeited by the employee. It shall be
the responsibility of the employee and the department head to ensure
that employees utilize credited vacation leave within the limitations
set forth herein.
All Employees -
The total vacation allowance shall be based upon the number of months
of City service computed to the nearest half month.
In the event one or more municipal holidays fall within a vacation
leave, such days shall not be charged as vacation leave and the
vacation leave shall be extended accordingly for those employees
eligible for such holidays.
The time during the calendar year at which an employee may take
vacation shall be determined by the department head but with due
regard for the wishes of the employee and particular regard for the
needs of the City.
An eligible employee shall accrue vacation beginning with date of
hire but may not utilize such during the first six months of employ-
ment.
In the event that an employee is terminated from employment with the
City after the satisfactory completion of a probationary period, such
employee shall be paid for any accrued vacation leave and compensatory
time off which has accrued within the limits specified above.
6.2 Holidays: The following holidays are to be observed by the City:
a) New Year' s Day - January 1
b) Lincoln' s Birthday - February 12
c) Washington' s Birthday - Third Monday in February
d) Memorial Day - Last Monday in May
e) Independence Day - July 4
f) Labor Day - First Monday in September
g) Admission Day - September 9
h) Veteran' s Day - November 11
i ) Thanksgiving Day - Fourth Thursday in November
j) The day following Thanksgiving Day
k) Christmas Day - December 25
1 ) Floating Holiday (10 hours)
Whenever a holiday falls .on a Sunday not scheduled as a regular
workday, the following Monday shall be observed as the holiday.
Whenever a holiday falls on a Saturday not scheduled as a regular
workday, the preceding Friday shall be observed as the holiday. 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. The floating holiday
will be credited July 1 and must be taken by the following June 30
to avoid forfeit.
6. 3 Sick Leave: Sick leave with pay shall be granted each permanent
full time employee at the rate of eight hours per month (96 hours
per calendar year) . Unused sick leave may accumulate to an un-
limited amount.
Permanent part-time employees shall be eligible to accrue sick
leave at one-half the rate of permanent full time employees .
Temporary employees shall not be eligible for sick leave benefits.
In addition to pay for time of personal illness or injury, eligible
employees may utilize a maximum of forty-eight (48) hours of accum-
ulated sick leave with pay when :
(1 ) An employee' s presence is required elsewhere because of
family medical or dental appointments, sickness, disability,
or death of a member of his/her immediate family.
(2) An accident or emergency occurs involving the employee' s person
or property, or the person or property of a member of the employ-
ee` s immediate family, and is of such a nature that the employee' s
presence is required during his/her workday.
(3) The employee is required to appear in court as a litigant or
as a witness under an official order.
(4) Sick leave time for a personal emergency may be charged not to
exceed--twenty-four (24) hours per fiscal year for any emergency
not included in the three preceding examples.
The department head may require evidence in the form of a physician' s
certificate, or otherwise, of the adequacy of the reason for any
employee' s absence during the time for which sick leave was requested .
Any employee absent from work for a period of three (3) consecutive
workdays due to illness or accident may, at the discretion of the .
department head, be required at the City' s expense to submit to a
physical examination before returning to work. Such physical examin-
ation shall be performed by a physician stipulated by the City.
Sick leave shall not be used in lieu of or in addition to vacation
for the intent of extending vacation.
It will be the responsibility of each department head to periodically
review the use of sick leave in his/her department. Use of sick leave
by each employee may be used as a factor in determining employee per-
formance for each employee evaluation.
Whenever any person is compelled to be absent from employment with
City on account of injury arising out of and in the course of City
employment as determined by 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 his/her gross pay.
An employee in such instance may also elect to use any earned vacation
time and compensatory time off in a like manner.
Absence for illness may not be charged to sick leave not already
credited.
City employees who terminate employment with the City shall be
compensated in cash for unused sick leave based on the following :
Less than 2 years Mone
2 to less than 15 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.
6.4 Bereavement Leave: Every permanent full time employee shall be
eligible to twenty-four (24) non-chargeable hours, or forty (40)
non-chargeable hours if out-of-state travel is required, on account
of the death of any member of his/her immediate family.
New probationary, temporary and part-time employees shall not be
eligible to bereavement leave. Promotional probationary employees
are entitled to bereavement leave.
6.5 Educational Reimbursement: Permanent full time employees who under-
take courses of study authorized by the Personnel Officer which will
benefit their positions with the City shall be reimbursed for tuition
and boobs, provided that the employee completed the course with a
passing grade and fulfills other requirements set forth by the
Personnel Officer.
6.6 Overtime Compensation: Whenever, at the direction of the appointing
authority, an employee works beyond forty (40) hours in a calendar
week, such person shall be compensated for such overtime work to the
nearest half-hour at time-and-one-half his/her regular compensation,
or receive compensatory time off earned at time-and-ane-half rate.
Compensation for overtime shall be in the form of either cash payment
or compensatory time off at the discretion of the department head with
due regard for the wishes of the employee and particular regard for
the needs of the City, or up to a maximum City expense of $5,000 per
fiscal year and thereafter at the discretion of the City Manager.
In the event a City employee is called back for unscheduled emergency
duty, he/she will receive compensation .at a rate of time-and-one-half
his/her regular hourly rate or a minimum of two (2) hours pay for
such service. In determining the full amount of time, the employee
shall compute his/her time to the nearest half-hour.
6.7 Management Leave: All employees designated as Management are not
eligible for overtime pay for working hours over and above the normal
work schedule. Employees so designated shall be entitled compensatory
management leave. Each management employee shall accrue sixty-four
(64) hours additional leave per year as compensation worked over and
above the normal work schedule. Leave accrues from July 1st to June
30th, and must be taken as time off prior to the end of the calendar
year or such leave is forfeited, and in the event a employee termi-
nates with the City shall not be compensable. Compensatory Leave
may be taken at any time on approval of the appointing authority.
6.8 On-the-Job Injury Leave: Whenever an employee is compelled to be
absent from active duty due to an injury or 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 days of such absence. The granting of such leave
shall be conditioned upon the following:
a) The absence is at the direction of a licensed medical physician;
and
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.
(Applicable to non-
EXHIBIT "B" management classified
employees who have
completed 2 years of
ORANGE COUNTY EMPLOYEES RETIREMENT SYSTEM service as a full-time,
regular employee of the
EMPLOYEE CONTRIBUTION RATES* City. )
TIER I -- Hired Prior to September 21 , 1979)
Entry Total Employee City
Age Reported (%) Contribution (%) Contribution (°�)
16 5.03 0.00 5.03
17 5.09 0.00 5.09
18 5.15 0.00 5.15
19 5.21 0.00 5.21
20 5.28 0.00 5.28
21 5.34 0.00 5.34
22 5.41 0.00 5.41
23 5.47 0.00 5.47
24 5.54 0.00 5.54
25 5.60 0.00 5.60
26 5.67 0.04 5.63
27 5.74 0.08 5.66
28 5.81 0.13 5.68
29 5.87 0.18 5.69
30 5. 94 0.21 5.73
31 6.01 0.27 5.74
32 6.08 0.33 5.75
33 6.16 0.39 5.77
34 6.23 0.46 5.77
35 6.30 0.51 5.79
36 6.37 0.58 5,79
37 6.45 0.65 5.80
38 6. 52 0.73 5.79
39 6. 59 0.80 5.79
40 6.67 0.87 5 .80
41 6.75 0. 95 5.80
42 6.82 1 .04 5.78
43 6. 90 1 .13 5.77
44 6. 98 1 .22 5.76
45 7.06 1 .32 5.74
46 7.14 1 .41 5.73
47 7.21 1 .49 5.72
48 7.30 1 .59 5.71
49 7.38 1 .70 5.68
50 7.46 1 .82 5.64
51 7. 54 1 .91 5.63
52 7.62 2.03 5.59
53 7.71 2.14 5.57
54 7.79 T 2.27 5.52
55 7.87 2.38 5.49
56 7. 96 2.51 5.45
57 8. 05 2.64 5.41
58 8.13 2.77 5.36
59 8.22 2. 92 5.30
60 8.22 2. 93 5.29
*DOES NOT INCLUDE EMPLOYER-ONLY CONTRIBUTION
. w (Applicable to non-
TPIF
nn -OHNV PM ( VPRFTTRPMPNT y management classified
,,,� , , -. _..-.._... employees who have
EMPLOYEE CONTRIBUTION RATES* completed 2 years of
service as a full-time,
regular employee of the
TIER II - Hired On/After September 21 , 1979) City. )
Entry Total Employee City
Ache Reported M Contribution M Contribution M
16 6.66 1 .43 5.23
17 6.74 1 .45 5.29
18 6.83 1 .51 5.32
19 6.91 1 .53 5.38
20 6.99 1 .56 5.43
21 7.08 1 .62 5.46
22 7.16 1 .66 5.50
23 7.25 1 .71 5.54
24 7.34 1 .77 5.57
25 7.43 1 .83 5.60
26 7.51 1 .88 5.63
27 7.60 1 .94 5.66
28 7.69 2.01 5.68
29 7.78 2.09 5.69
30 7.88 2.15 5.73
31 7 .97 2.23 5.74
32 8.06 2.31 5.75
33 8.16 2.39 5.77
34 8.25 2.48 5.77
35 8.35 2. 56 5.79
36 8.44 2.65 5.79
37 8.54 2.74 5.80
38 8.64 2.85 5.79
39 8.74 2.95 5.79
40 8.84 3.04 5.80
41 8.94 3.14 5.80
42 9.04 3.26 5.78
43 9.14 3.37 5.77
44 9.25 3.49 5.76
45 9.35 3.61 5.74
46 9.46 3.73 5.73
47 9.56 3.84 5.72
48 9. 67 3.96 5.71
49 9.78 4.10 5.68
50 9.88 4.24 5.64
51 9.99 4.36 5.63
52 10.10 4.51 5.59
53 10.21 4.65 5.56
54 10.32 4.80 5.52
55 10.44 4.95 5.49
56 10. 55 5.10 5.45
57 10. 66 5.26 5.40
58 10.78 5.42 5.36
59 10.89 5.59 5.30
60 10.89 5.60 5.29
*DOES NOT INCLUDE EMPLOYER-ONLY CONTRIBUTION