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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 -1- 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 -2- 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% . -3- 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" . -4- 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