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1983-1018_CVWD MANAGEMENT EMPLOYEES_Memorandum of Understanding 1983-84 MEMORANDUM OF UNDERSTANDING between CAPISTRANO VALLEY WATER DISTRICT and CAPISTRANO VALLEY WATER DISTRICT MANAGEMENT EMPLOYEES WHEREAS , the District' s General Manager and authorized representatives of the District ' s Management 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 Management Employee representatives that the following shall constitute their Memorandum of Understanding: 1. SALARY AND FRINGE BENEFITS Sections 4 through 11, inclusive, of the Memorandum of Understanding between the City of San Juan Capistrano and its Management Employees, approved by the City Council on August 15, 1983 , is accepted as the Memorandum of Understanding between the District and its Management Employees. 2 . RULES AND REGULATIONS Sections 6. 1 (a) and 6 . 7 of Exhibit "A" of the subject Memorandum shall apply to District Management Employees , and are incorporated into the District' s Rules and Regulations by reference herein. 3. CONTINUATION OF BENEFITS All fringe benefits previously granted and currently in effect to Management Employees shall remain in .full force and effect for fiscal year 1983-84 , unless superseded by other provisions of this Memorandum. 4 .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 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 Memorandum shall remain in full force and effect. 5. TERM OF MEMORANDUM I1his Memorandum of Understanding shall be in effect from July 1, 1983 to June 30, 1984 . Dated this day of _, 1983. DISTRICT GENERAL MANAGER James S. Aocalis RI N G EN EMPLOYEES o E. O'Malley, OCEA A horized Staff Represen tive APPROVED by the Board of Directors of Capistrano Valley Water District on this day of 0c7v80j- - , 1983 . CAPISTRANO VALLEY WATER DISTRICT Anthony L 'Bland, Chairman MEMORANDUM OF UNDERSTANDING COPDY BETWEEN THE CITY OF SAN JUAN CAPISTRANO MUNICIPAL EMPLOYEE RELATIONS OFFICER AND THE SAN JUAN CAPISTRANO MANAGEMENT EMPLOYEES ORGANIZATION 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 Management Employees Organization, here- inafter known as "the Management Organization, " in accordance with the orovisions 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 July 1 , 1983 through June 30 , 1984. SECTION 2 . RECOGNITION The City recognizes the Management Organization as the "represented employee organization" for all employees within the unit of representation, consisting of permanent full-time employees in the following classifications: Accounting Officer Public Works Superintendent Administrative Services Secretary to the City Manager Officer Senior Administrative Building Official Assistant City Engineer Senior Planner SECTION 3. RULES AND REGULATIONS It is understood and agreed that there exists within the City certain Personnel Rules and Regulations set forth in the Municipal Code , the Personnel Rules and Regulations of the City, the Administra- tive 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 Under- standing in Sections 8 and 9 , and set forth in Exhibit "A" . -1- Memorandum of Understanding - Management Employees Organization SECTION 4 . SALARY INCREASE 1 . The City agrees to grant a salary increase of 3 . 0% to all employees in the unit of representation, effective July 1 , 1983 . The 3. 0% salary increase shall be represented by advancing each employee six (6) code steps on the Basic Compensation Plan. 2 . The City agrees to grant an additional salary increase of 0 . 5% to all employees in the unit of representation, effective April 1 , 1984 . The 0 . 5% salary increase shall be represented by advancing each employee one (1) code step on the Basic Compensation Plan. 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 selecting dependent coverage. The cost of medical/dental premiums is $75. 52 per month 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. -2- Memorandum of Understanding Management Employees Organization SECTION 5 . MEDICAL/DENTAL REVIEW COMMITTEE 1. The City agrees to form, and the Management organization 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 . LIFE INSURANCE 1. The City agrees that the life insurance policy provided by the City for each Management employee shall be increased to one-and-one-half (lz) times the employee' s annual salary with no maximum limitation. SECTION 8 . AUTO ALLOWANCE 1. The intent and purpose of the City in providing an auto allowance to Management employees is to make available to non- management classified personnel the use of City vehicles to conduct City business. 2. The City agrees to provide an auto allowance of $50 . 00 per month to each Management employee in lieu of using City vehicles for City business and in lieu of mileage reimbursement. The Management employees understand that the auto allowance provided shall be in full payment for use by a Management employee of the employee ' s Personal vehicle for travel on City business , and that Management employees agree that they will not use a City vehicle for City business except in unusual circumstances, and only with the express permission of the department head and authorization from the City Manager. The City will promulgate further rules and regulations consistent with this understanding governing mileage allowances in the Administrative Policy Manual. At a minimum, the rules will include provisions as outlined in the attachment entitled Exhibit "S" . 3 . The City will provide the $50. 00 per month auto allowance to the Public Works Superintendent with the following provision: The Public Works Superintendent may use a City vehicle/truck to conduct field work and supervise field crews within the City limits of San Juan Capistrano. For attendance at meetings or to conduct business outside the City limits , the Public Works Superintendent must use his personal vehicle . -3- Memorandum of Understanding - Management Employees Organization SECTION 9 . MANAGEMENT LEAVE 1 . Each Management employee shall accrue sixty-four (64) hours additional leave per year as compensation for overtime worked over and above the normal work schedule. Leave accrues from July lst , and must be taken as time off prior to the end of the following calendar year, or such leave time is forfeited, and in the event an employee terminates with the City such leave shall not be compensable . 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 10 . VACATION ACCRUAL LIMITATIONS 1. Vacation accrual limitations for Management employees shall be revised as follows: a. The maximum amount of vacation time that may be accumulated and be used for time off shall be 300 hours; any accumu- lation of hours above 300 shall be forfeited by the employee. b. The maximum amount of vacation time that an employee will be compensated for in cash upon separation from the City is 240 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 11. MAJNAGEMENT INCENTIVE PAY PROCEDURES 1. The Management Incentive Pay Program is a discretionary program instituted by the City Council. , and subject to continued authorization of the City Council. The City agrees to develop written guidelines and procedures for implementation of the Management Incen- tive Pay Program. The written guidelines and procedures will be completed by August 30 , 1983. -4- Memorandum of Understanding - Management Employees Organization 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. This Agreement , entered into this _,� .day of , 1983 , SAN JUAN CAPISTRANO MUNICIPAL EMPLOYEE RELATIONS OFFICER Stephen B./,'Julian SAN JUAN CAPISTRANO MANAGEMENT EMPLOYEES ORGANIZATION Authorized Representative Authorized Representative APPROVED by the CityCoun it of the City of San Juan Capistrano on this /.-I- day of , 1983. CITY OF SAN JUAN CAPISTRANO �- Anthony Bland -5- EXHIBIT "A" 6. 1 placation : All permanent employees shall accrue annual worO ng 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 Em to ees - (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 jnpLoyees 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 Fm 10 ees - 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 Holida s: 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 t10 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 l 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 None 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 books, 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-one-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 lst 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 ln ' 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 emplo;mentg 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. EXHIBIT "B„ OUTLINE OF MILEAGE ALLOWANCE RULES AND REGULATIONS PURPOSE The intent and purpose of the City in providing an auto allowance to management employees is to make available to non-management, classified personnel the use of existing City vehicles to conduct City business. GENERAL POLICY Any City employee receiving a monthly auto allowance shall use their own personal vehicle for all City business matters, when travelling within a 100 mile range from the City. When an employee is required to travel outside a 100 mile range from the City for meeting attendance, the employee may be reimbursed in accordance with the following schedule: a. On the per mile rate set by the City (rate x # of miles) , or, b. The cost of coach air travel for the employee whichever is cheaper. RESTRICTIONS AND RESPONSIBILITIES An employee receiving mileage allowance is responsible for and must: a. Have a personal vehicle available at City Nall during work hours. b. Have a valid California Drivers License. c. Carry at least the minimum amount of automobile insurance as required by law. d. Maintain the automobile in good mechanical operating condition . e. Observe all driving laws and regulations, and drive in a safe manner. f. Carry other passengers in the vehicle on occasions to conduct City business. g. Observe other rules and regulations governing the use of personal automobiles as may set forth by the City. In special circumstances, an employee receiving a mileage allowance may be allowed to use a City vehicle for conducting City business, but only with the permission of the Department Head, and approval of the City Manager. Such special circumstances may include, i .e. , travel in rough terrain where a 4-wheel drive vehicle is required; transporting more than 4 passengers and the larger vehicle is required; etc.