Belmont MOU 2012-2015 Booklet Format

7/29/2019 Belmont MOU 2012-2015 Booklet Format

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MEMORANDUM OF

UNDERSTANDING

Between

CITY OF BEL MONT

And

AFSCME L OCAL 829

July 1, 2012 June 30, 2015


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Table of Contents

MEMORANDUM OF UNDERSTANDING

BETWEEN

LOCAL 829/CITY OF BELMONT

July 1, 2012 - June 30, 2015

Section 1. Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Section 2. Union Security/Agency Shop . . . . . . . . . . . . . . . . . . . . . 2Section 3. No Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Section 4. Representation Rights . . . . . . . . . . . . . . . . . . . . . . . . . . 9Section 5. Salary Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Section 6. Probationary Period. . . . . . . . . . . . . . . . . . . . . . . . . . . . 14Section 7. Transfer, Promotion, Employment Lists,

Reclassification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15Section 8. Layoff and Reemployment. . . . . . . . . . . . . . . . . . . . . . 17Section 9. Resignation and Reinstatement. . . . . . . . . . . . . . . . . . . 23


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Section 10. Reallocation of Position . . . . . . . . . . . . . . . . . . . . . . . . 23Section 11. Performance Evaluation Procedure . . . . . . . . . . . . . . . 23Section 12. Hours of Work, Overtime, Premium Pay. . . . . . . . . . . . 25Section 13. Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28Section 14. Vacation Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30Section 15. Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31Section 16. Other Leaves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34Section 17. Health and Welfare Plans . . . . . . . . . . . . . . . . . . . . . . . 38Section 18. Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45Section 19. Disciplinary Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . 45Section 20. Grievance Procedures . . . . . . . . . . . . . . . . . . . . . . . . . 46Section 21. Special Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50Section 22. Economic Hardship . . . . . . . . . . . . . . . . . . . . . . . . . . . 52Section 23. Past Practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53


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Section 24. Separability of Provisions . . . . . . . . . . . . . . . . . . . . . . 53Section 25. Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53APPENDIX A

SALARY SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55SIDE LETTER OF AGREEMENT

Mandatory Furlough to Address City Revenue

Shortfall. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57SIDE LETTER OF AGREEMENT

Payroll Deduction of Employee Paid Long Term Care

Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

MEDICAL BENEFITS 2012. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

FLEXIBLE BENEFIT PLAN 2012. . . . . . . . . . . . . . . . . . . . . . . . . . .62

2012 CalPERS HEALTH PLAN RATES. . . . . . . . . . . . . . . . . . . . . . 63

COLD WEATHER GEAR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .64


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City of Belmont/AFSCME MOU 2012-2015

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MEMORANDUM OF UNDERSTANDING

BETWEEN

LOCAL 829, COUNCIL 57AMERICAN FEDERATION OF STATE,

COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO

AND THE

CITY OF BELMONT

Local 829, Council 57, American Federation of State, County andMunicipal Employees, AFL-CIO, and representatives of the City ofBelmont have met and conferred in good faith regarding wages,hours and other terms and conditions of employment of employeesin the representation unit listed in Appendix "A", have exchangedfreely information, opinions and proposals and have endeavored toreach agreement on all matters relating to the employmentconditions and employer-employee relations of such employees.

This Memorandum of Understanding is entered into pursuant to theMeyers-Milias-Brown Act (Government Code Sections 3500-3510)and has been jointly prepared by the parties.

This Memorandum of Understanding shall be presented to theBelmont City Council as the joint recommendation of theundersigned parties for salary and employee benefit adjustmentsfor the period commencing J uly 1, 2012 and ending J une 30, 2015.

Section 1. Recognition

The City Manager, or any person or organization dulyauthorized by the City Manager, is the representative of theCity of Belmont, hereinafter referred to as the "City", inemployer-employee relations.

1.1 City

Local 829, Council 57, American Federation of State,County and Municipal Employees, AFL-CIO, hereinafter

1.2 Union


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referred to as the "Union" or "AFSCME 829" is recognizedas the majority representative, as provided in the City'sEmployer-Employee Relations Ordinance, for all employeesassigned to the classifications set forth in Appendix "A",which is attached hereto and made a part hereof.

Section 2. Union Securi ty/Agency Shop

A. The Union agrees that it has the duty to provide fairand non-discriminatory representation to allemployees in all classes in the units for which thissection is applicable regardless of whether they are

members of the Union.

2.1 Agency Shop

1. All employees within this bargaining unitshall:

a. Become and remain a member ofthe Union, or

b. Become an agency fee payer bypaying the Union an agency fee inan amount which may not always beless than but, will never be morethan an amount which may belawfully collected under applicableconstitutional, statutory and caselaw made during the duration of thisMemorandum of Understanding, itbeing understood that it shall be thesole responsibility of the Union todetermine an agency fee whichmeets the above criteria, or

c. Do both of the following:

1) Present to the Union a

written declaration that theemployee is a member of abona fide religion, body, orsect which has historically


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held a conscientiousobjection to joining orfinancially supporting anypublic employeeorganization, or presents adeclaration that theemployee registers a deepphilosophical objection to

joining or financiallysupporting a public employeeorganization; and

2) Pay a sum equal to the

agency fee described aboveto one of three negotiatednon-religious, non-labor,charitable funds that areexempt from taxation underSection 501(c)(3) of theInternal Revenue Code.

2. All new employees who are hired intoclassifications covered by thisMemorandum of Understanding on or afterthe effective date of this Agency Shopprovision, as specified above, shall at thetime of hire execute an authorization for thepayroll deduction of one of the optionsspecified in Section A.1.a., b., and c. above.

3. It shall be the duty and responsibility of theUnion to notify all members of thebargaining unit, to and including newemployees and re-assigned members whobecome members of this bargaining unit, oftheir agency shop participation, financialobligations, and religious, conscientiousand/or philosophical options.

4. The City shall, in all appropriate cases,implement a mandatory deduction from payfor all employees within this bargaining unit


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for Union dues, agency fees or exemptiondonations. However the City shall not berequired to dismiss or otherwise disciplineany bargaining unit member for failure tofulfill their obligations under agency shop.

5. The Union shall provide the City with a copyof the Union's administrative procedure andappeal process for the determination andprotest of its agency fees. The Union shallprovide a copy of said administrativeprocedure and appeal process to everyagency fee payer covered by this

Memorandum of Understanding as providedin Section C.2.c., and annually thereafterand as a condition to any percentagechange in the agency fee or, upon requestby any agency fee payer in this bargainingunit.

6. If, after all other involuntary and insurancepremium deductions are made in any payperiod including medical insurance,Medicare, tax withholding, garnishment,

judgment or governmental levy, and thebalance is not sufficient to pay thededuction of Union dues, agency fee, orcharity fee required by this Section, no suchdeduction shall be made for the current payperiod. The City shall not hold over oraccrue insufficient agency fee payments toother pay periods.

7. The provisions of this Section shall notapply during periods that an employee isseparated from the bargaining unit, but shallbe reinstated upon the return of theemployee to the bargaining unit. For the

purpose of this Section, the term separationincludes transfer out of the bargaining unit,layoff, and leave of absence without pay. All


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other legal and required deductions havepriority over agency fee deductions.

8. Annually, the Union shall provide theDirector of Human Resources with copies ofthe financial report which the Unionannually files with the California EmployeeRelations Board, the United StatesDepartment of Labor (Form LM-2), or theUnion's balance and operating statementfor the prior year. Failure to file such areport within sixty (60) days after the end ofits fiscal year shall result in the termination

of all agency fee deductions withoutjeopardy to any employee, until such reportis filed.

B. Compliance

1. New Employees

Upon request, the City shall furnish theUnion with copies of "EmployeeAuthorization for Payroll Deductions"documents related to Agency Shop orUnion Dues Deductions executed by newemployees. Within ten (10) working days ofhire, the City shall provide the names of thenew employees in this bargaining unit to theUnion. The Union shall furnish all agencyfee payers with copies of the Union'sadministrative procedure and appealprocess, and shall provide to the Cityconfirmation of such notification to the newemployees.

2. Current Employees

a. An employee employed in abargaining unit that has beengranted Agency Shop in accordancewith Section B. above in a job class


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or position covered by thisMemorandum of Understandingshall be provided by the City with an"Employee Authorization for PayrollDeduction" form.

b. If the form authorizing payrolldeduction is not returned within thirty(30) calendar days after receipt ofnotice of the Agency Shop provisionand the "Employee Authorization forPayroll Deduction", the City shall sonotify the Union, providing the

employee's name, address,classification, and department. TheUnion may then, in writing, directthat the City withhold the agency feefrom the employee's salary, in whichcase the employee's biweekly salaryshall be reduced by an amountequal to the agency fee and the Cityshall pay that amount withheld to theUnion.

c. Within ten (10) working days of thedate current employees submit theirEmployee Authorization for PayrollDeduction, the Union shall provideto the City confirmation that it hasfurnished each agency fee payerwith a copy of the Union'sadministrative procedure and appealprocess.

3. New and Current Employees

The Agency Shop provisions of this Sectionmay be revoked by the bargaining unit

membership in the manner provided underSection 3502.5(b) of the CaliforniaGovernment Code.


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C. The Union shall indemnify, defend, and hold theCity of Belmont, its officers, agents and employeesharmless against any and all claims, demands,suits, orders, or judgments, or other forms ofliability that arise out of or by reason of this Articleor action taken or not taken by the City under thisArticle, and shall promptly reimburse the City forreasonable legal fees and costs incurred by theCity in responding to or defending against anyclaims, disputes or challenges. This includes, but isnot limited to, the City's attorney fees and costs; toand including the reserved right of the City to selectcounsel of its own choice.

The Union may have the regular dues of its members withinthe representation unit deducted from employees' paychecks under procedures prescribed by the City for suchdeductions. The City shall accept authorization for duesdeduction on a monthly basis.

2.2 Dues Deduction

Employees may authorize such dues deduction only for theorganization certified as the recognized employeeorganization of the unit to which such employees areassigned. Dues deduction shall be made only upon signedauthorization from the employee upon a form furnished bythe City, and shall continue: (1) until the transfer of theemployee to a unit represented by another employeeorganization or (2) until such authorization is revoked, inwriting, by the employee in accordance with the provisionsof this Section. Current dues deduction authorization formsmay not be revoked during the term of this Memorandum ofUnderstanding executed by the City and the Union,provided, however, that during the period of sixty (60) toninety (90) days immediately preceding the expiration of thisMemorandum of Understanding or during the period of sixty(60) to ninety (90) days immediately preceding theexpiration of any successor Memorandum of

Understanding, employees shall be able to revoke currentdues deduction authorization forms by notification to theCity. Amounts deducted and withheld by the City shall betransmitted to the officer designated in writing by the Union


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as the person authorized to receive such funds, at theaddress specified. The employee's earnings must besufficient after all other required deductions are made, tocover the amount of the deductions herein authorized.When an employee is in a non-pay status for an entire payperiod, no withholding will be made to cover that pay periodfrom future earnings nor will the employee deposit theamount with the City which would have been withheld if theemployee had been in pay status during that period. In thecase of an employee who is in a non-pay status during apart of the pay period, and the salary is not sufficient tocover the full withholding, no deduction shall be made. Inthis connection, all required deductions have priority over

the Union dues deduction. The Union shall indemnify,defend and hold the City harmless against any claim madeand against any suit initiated against the City on account ofthe check-off of Union dues. In addition, the Union shallrefund to the City any amounts paid to it in error uponpresentation of supporting evidence.

Employees may voluntarily elect to have contributions, at aminimum of two dollars ($2.00) per month, deducted fromtheir paychecks under procedures prescribed by the City forthe Public Employees Organized to Promote LegislativeEquality Fund (PEOPLE of AFSCME). Such deductionsshall be made only upon signed authorization from theemployee and shall continue until such authorization isrevoked in writing.

2.3 Dues Deduction for PEOPLE

The Union shall be allowed by a City department, in which itrepresents employees, use of available bulletin board spacefor communications having to do with official Union businessprovided such use does not interfere with the needs of thedepartment.

2.4 Communications with Employees

Except in cases of emergency, reasonable advance writtennotice shall be given to the Union if it is affected by anyordinance, rule, resolution or regulation directly relating to

2.5 Advance Notice


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matters within the scope of representation proposed to beadopted by the City Council, by any board or commission ofthe City, or by any department, as the Union shall be giventhe opportunity to meet with such body prior to adoption. Incases of emergency when the City management determinesthat an ordinance, rule, resolution or regulation must beadopted immediately without prior notice or meeting with theUnion, City management shall provide such notice andopportunity to meet at the earliest practicable time followingthe adoption of such ordinance, rule, resolution orregulation.

The City shall furnish the Union with the names,classifications and date of hire of employees newly assignedto the unit and employees leaving the unit.

2.6 List of Unit Employees

Section 3. No Discrimination

There shall be no discrimination because of race, creed, color,national origin, sex, sexual orientation, age, physical or mentaldisability, marital status, medical condition, religion, political activity,or legitimate union activities against any employee or applicant foremployment by the Union or by the City.

Section 4. Representation Rights

The Union may designate a reasonable number of Cityemployees as official employee representatives to assist inthe handling of grievances. The Union shall notify the CityManager in writing of the individuals so designated.Alternates may be designated to perform this functionduring the absence or unavailability of the official employeerepresentative.

4.1 Employee Representatives for Grievances

The official employee representative may be relieved fromthe employee's assigned work duties by the employee's

supervisor to investigate and process grievances initiated byother employees within the same work area. The use oftime for this purpose shall be reasonable and shall not


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interfere with the performance of services as determined bythe City.

Reasonable access to employee work locations shall begranted officers of the Union and business agents for thepurpose of processing grievances or contacting members ofthe Union concerning business within the scope ofrepresentation. Such officers or representatives shall notenter any work location without the consent of the CityManager or the City Manager's designated representative.Access shall be restricted so as not to interfere with thenormal operations of the department or with established

safety or security requirements.

4.2 Access to Work Locations

Solicitation of membership and activities concerned with theinternal management of the Union, such as collecting dues,holding membership meetings, campaigning for office,conducting elections and distributing literature shall not beconducted during working hours unless approved inadvance by the City Manager or the City Manager'sdesignated representative.

Whenever an employee is required to meet with asupervisor or other management official and the employeereasonably anticipates that such meeting will involvequestioning leading to disciplinary action, the employee shallbe entitled to have an official employee representativepresent upon request. It is not the intention of this provisionto allow the presence of an official employee representativeduring the discussion of an employee's performanceevaluation.

An employee or, an employee's representative, onpresentation of written authorization from the employee,shall have access to the employee's personnel file uponrequest during the City's normal working hours. At or before

time of placement employees shall be given a copy of allletters or memoranda concerning the employee's jobperformance which are to be placed in the employee'spermanent personnel record.

4.3 Access to Personnel Files


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The employee shall be entitled to respond in writing to anysuch letters or memoranda with which the employeedisagrees and to have the response attached to such lettersor memoranda in the employee's personnel file.

Upon the employees written request, a written counselingor written warning, along with any response thereto, will beremoved from the employees personnel file after three (3)years from the date of issuance, provided that no relatedconduct has occurred in the intervening period.

Section 5. Salary Plan

Salary ranges for represented classifications shall be as setforth in Appendix A, which is attached hereto and made apart hereof.

5.1 Salaries

Effective the first full pay period in J uly 2014, the rate of payfor all job classes shall be increase by two percent (2.0%).

Employees shall be assigned a salary or wage by the CityManager within the range established for the appropriate

position under the salary schedule. The minimum rategenerally shall be assigned to employees upon originalappointment; however, the City Manager may, whencircumstances warrant it, appoint, reinstate or promote atother than the minimum rate, but at not more than themaximum rate.

5.2 Application of Wage Rates

No salary advancement shall be made so as to exceed anymaximum rate established in the salary schedule for theemployee's position. No increase in salary shall beautomatic merely upon completion of a specified period ofservice. All increases shall be based on merit as

established by a record of the employee's performance andshall require a recommendation of the department head andapproval by the City Manager. In case of an unsatisfactory

5.3 Advancement Within Salary Range


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employee performance evaluation, an increase in salarymay be withheld. An employee who is denied an increasein salary may discuss such denial with the employee'sdepartment head and the City Manager. The decision of theCity Manager shall be final.

An employee shall be eligible for advancement by the CityManager to the next higher step in the employee's salaryrange following the satisfactory completion of the first yearof service, and after additional one-year periods thereafter.If the City Manager deems a special salary step adjustmentis justified, an employee may receive such salaryadvancement earlier.

The employee's salary anniversary date will change when:

A. The employee receives a step increase less thanone (1) year after the employee's date of hire or lessthan one (1) year after the employee's prior stepincrease;

B. The employee is promoted to a class with a highermaximum salary;

C. The employee is demoted to a class with a lowermaximum salary; or

D. The employee takes a leave of absence for anyreason in excess of two (2) weeks.

Whenever the salary schedule for a classification is revised,each incumbent in a position to which the revised scheduleapplies shall be paid at the same step in the revised rangeas the step at which the employee was paid in the previousrange.

When an employee is moved from one class to a class with

a higher maximum salary (promotion), the employee shallbe appointed at the minimum step of the salary range in thenew class, provided, however, that the employee receives a

5.4 Salary after Promotion or Demotion


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minimum five percent (5%) increase in salary upon suchpromotion.

When an employee is moved from one class to a class witha lower maximum salary (demotion), that employee'scompensation shall be adjusted to the salary prescribed forthe class to which the employee is demoted, and thespecific rate of pay within the range shall be determined bythe City Manager, whose decision shall be final.

When an employee is demoted in accordance with Section8.1 (Layoff Procedure), the employee shall be placed at thestep of the salary range prescribed for such lower class that

most nearly approximates the salary the employee wasreceiving, provided, however, that such salary does notexceed the maximum rate for such lower class.

When an employee has been assigned in writing by thedepartment head or designated representative to performthe work of a permanent position having a differentclassification and being paid at a higher rate, and if theemployee has worked in such classification for more thanfive (5) consecutive workdays after each such writtenassignment by the department head, the employee shall beentitled to payment for the higher classification. Suchpayment shall be at the rate for the first step of the higherclassification or at the step which is not less than fivepercent (5%) more than his/her current pay. Such paymentshall be retroactive to the first day of the assignment andcontinue during the period of temporary assignment. Therate paid shall not exceed the top step of the assignedclassification. Assignment of individuals to such upgradedposition cannot be changed in successive five (5) workdayperiods to preclude payment of the higher rate as set forthherein.

5.5 Acting Assignment Pay

Employees shall be paid semi-monthly. All paychecks willbe delivered through either direct deposit or a City pay cardsystem.

5.6 Pay Period


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A. Employees in the maintenance classifications whoearn department head-approved and endorsedQualified Applicator (QAC) certifications are eligibleto receive a one hundred dollar ($100) bonus uponcertification and/or renewal.

5.7 Certification Pay

B. Employees in the building inspection classificationswho earn department head-approved and endorsedplumbing, electrical, or carpentry certifications areeligible to receive a bonus of one hundred dollars($100) per certification or renewal, up to a maximumof three certifications per contract term.

C. Employees in the maintenance classifications whoare required to earn a Class B drivers license withtanker endorsement are eligible to receive a $100bonus upon certification or renewal.

Certification pay will be provided upon submission of thedocumentation and approval by the department head.

When a department head, with the approval of the HumanResources Director, designates an assignment as requiringsubstantial bilingual skills, an employer in the designatedassignment, who has first demonstrated proficiency in therequired language that is acceptable to the departmenthead and Human Resources Director, shall be eligible toreceive a pay premium of $75 a month. The departmenthead and Human Resources Director retain full discretion todesignate or conclude bilingual assignments. The Cityretains its management right to assign designees to performbilingual services for other City departments.

5.8 Bilingual Pay

Section 6. Probationary Period

All original and promotional appointments shall be tentativeand subject to a probationary period of not less than twelve(12) months from the date of probationary appointment orpromotion. Such probationary period may be extended if

6.1 Duration


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the employee has been on leave of absence for any reasonin excess of a total of thirty (30) calendar days during suchprobationary period. The probationary period may also beextended for up to three (3) months in the event ofperformance shortcomings documented in a performanceevaluation.

Employees who transfer to another position in the sameclassification shall not be required to undergo a newprobationary period in the same position into whichtransferred provided the employee has completed theemployee's probationary period in the classification at thetime of transfer.

An employee who has previously completed the requisiteprobationary period and who is rejected during asubsequent probationary period for a promotionalappointment shall be reinstated to the former position fromwhich the employee was appointed. If the employee isdischarged during the promotional probationary period, theemployee shall not be entitled to such reinstatement rights.

6.2 Promotional Probation

Section 7. Transfer, Promot ion, Employment Lists,Reclassification

No employee shall be transferred to a position for which theemployee does not possess the minimum qualifications.Upon approval by the City Manager, an employee may be

7.1 Transfer

transferred by the department head at any time from oneposition to another position in a comparable class. Fortransfer purposes, a comparable class is one with the samemaximum salary, involves the performance of similar dutiesand requires substantially the same basic qualifications. Ifthe transfer involves a change from one department toanother, both department heads must consent thereto,unless the City Manager orders the transfer for purposes of

economy or efficiency. Transfer shall not be used toeffectuate a promotion, demotion, advancement orreduction, each of which may be accomplished only asprovided in the City's rules and regulations. Such transfer


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shall not result in the loss to the employee of anyaccumulated leave, such as vacation and sick leave, norshall it affect the employee's length of service with the Cityof Belmont.

Insofar as is consistent with the best interest of the City, allvacancies in the competitive service shall be filled bypromotion from within the competitive service, after apromotional examination has been given and a promotionallist established.

7.2 Promotion

Interviews for the City of Belmont jobs and promotionalexaminations scheduled by the City during an employeesregular working hours may be taken without loss incompensation.

7.3 Time Off for Interview or Examination

Reasonable, advance written notice shall be given to theUnion of any proposed reclassification or elimination of aposition or classification covered by this Memorandum ofUnderstanding. In the event such reclassification results inthe position or classification being moved into a differentbargaining unit, the City will offer AFSCME the opportunityto meet about such change.

7.4 Reclassification

An employee may request in writing a reclassification ofhis/her position during the month of J anuary of each year.Requests shall be processed through the employeesDepartment Head and submitted to Human Resources.

7.5 Employee-Initiated Reclassification Requests

Requests must include:o Detailed justification for the requesto Supervisors and/or Department Heads review and

comment.

Human Resources will respond to this request within ninety(90) calendar days of the request by notice to the employee;however there can be a thirty (30) day extension by mutual


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agreement. If meetings with the employee are required, theemployee may request representation.

If the City determines a reclassification of the position iswarranted the reclassification shall be handled through theregular budgetary process and shall be effective thebeginning of the following fiscal year.

If the City denies the reclassification request, the City willprovide the employee the reasons for the denial in writing.

This provision is not subject to the grievance procedure.

All other procedures pertaining to employee requests forreclassification shall be in accordance with the proceduresoutlined in Section 10.6 of the Personnel Rules andRegulations.

Section 8. Layoff and Reemployment

Whenever in the judgment of the City Council it becomesnecessary in the interest of the economy or because thenecessity for a position no longer exists, the City Councilmay abolish any position of employment in the city service,or reduce the number of hours for any position in the cityservice, and the employee holding such position ofemployment may be laid off, either partially or completely,without taking disciplinary action.

8.1 Layoff

Except in cases of emergency, the City Manager shallnotify, in writing, the employee and the union of theproposed action and reasons therefore at least twenty-eight(28) calendar days in advance of such action. A copy of thisSection 8, Layoff and Reemployment, shall be attached tothe written notice. The City will offer to meet and confer withthe union regarding the impacts of specific layoffs.

8.2 Notice of Layoff


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An employee who receives notice of a specific action underthe layoff procedure, and believes that the layoff procedurehas not been correctly applied in the employee's case, mayappeal as provided in the grievance procedure. Thedecision itself to lay off shall be specifically excluded fromthe grievance or any other appeal procedure.

8.3 Grievance of Layoff

Employees shall be laid off in inverse order of their length ofservice in a classification. Length of service is the amountof combined regular or probationary service in theclassification affected and any former classification that the

employee may have held with the City. If two or moreemployees have the same length of service, the order oflayoff will be determined by the City Manager.

8.4 Order of Layoff

A. An employee who has received a notice of layoffmay elect, in lieu of layoff, to be reassigned to aposition in a lateral or lower related classificationwithin his/her department, provided that in order todisplace the employee with less service the laid offemployee must, in the opinion of the HumanResources Director, meet the minimumqualifications of the classification into which he/sheis displacing. The laid off employee may alsodisplace a less senior employee in anotherdepartment, provided that the laid off employee hasheld regular status in that classification andperformed in a satisfactory manner.

8.5 Displacement Rights

B. If the employee is unable to displace an employeewith less seniority as described in (A) he/she mayaccept a voluntary transfer or demotion to a vacantposition in a lateral or lower related classification inwhich no previous service has been renderedprovided that, in the opinion of the Human

Resources Director, the employee meets theminimum qualifications of the classification. If two (2)or more employees request to transfer or demote


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into the same vacant position as described herein,the employee with the highest seniority, as definedin this Section 8, will have his/her request granted.

C. Employees requesting to exercise their right todisplace into a classification as provided in (A) or(B) above must make such request to the HumanResources Director in writing within five (5)calendar days of their receipt of written notice oflayoff. Failure to comply with the deadline providedherein shall be deemed a waiver of thedisplacement rights provided in this Section 8.

Should the Human Resources Director determinethat the laid off employee does not meet theminimum qualifications for the classification intowhich the employee requests to be reassigned,such decision may be appealed to the CityManager. The decision of the City Manager maybe appealed to an Adjustment Board comprised ofone person designated by the union/association,one person designated by management, and athird person who shall be selected by the first twoAdjustment Board members. The decision of theAdjustment Board shall be final and not subject to

further appeal through the grievance process.

D. Employees laid off as a result of anotheremployees exercise of displacement rights shall beentitled to a minimum notice period of fourteen (14)calendar days.

E. When an employee chooses to displace into aposition in a lateral or lower related classification,said employee must accept the salary, hours andworking conditions of the position. If theemployees salary prior to displacement is within

the salary range of the lateral or lower relatedclassification into which the employee is displacing,the employee will retain the salary held prior to


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displacing, even if that places the employeessalary between steps in the new salary range. If theemployees salary prior to displacing is above thetop of the range of the lateral or lower relatedclassification, the employees salary will be placedat the top of the salary range of the lateral or lowerrelated classification. Employees who accept avoluntary transfer or demotion as described in (B)shall serve a probationary period of twelve (12)months.

F. If an employee chooses to displace into a position

in a lateral or lower classification within the samedepartment, he/she shall have the right to displacefirst into the highest lateral or lower classification. Ifan employee chooses to displace into a position inanother department, if such employee held regularstatus in more than one classification, he/she shallhave the right to displace first into the highestclassification in which regular status was previouslyheld. Highest classification shall be defined as theclassification with the highest top step in the salaryplan in effect at the time of layoff.

G. Seniority for the purpose of exercising thedisplacement rights provided in this Section isdefined as the total cumulative number of years ofprobationary and regular service with the City ofBelmont beginning with the worker's first date ofemployment with the City.

H. Employees may elect to be laid off in lieu ofdisplacement. Accepting such a layoff does notaffect the employee's reemployment rights underthis Agreement.

I. At the time of a layoff, employees who werepreviously members of the Bargaining Unit (e.g.,


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who subsequently promoted out of the unit) shallhave all the rights described in Section 8.

J . A part-time regular employee may only displaceinto a part-time position in a lateral or lower relatedclassification in accordance with the provisions ofthis Section.

K. A full-time regular employee may displace into afull-time or part-time position in a lateral or lowerrelated classification in accordance with theprovisions of this Article.

A. The names of employees laid off shall be placed on areemployment list from most senior to least senior.

The employee with the greatest seniority on thereemployment list, including those who exercised theirdisplacement rights or who took a voluntary demotion,shall be offered reinstatement in a vacantclassification for which said employee meets theminimum qualifications. In the event the employeerefuses two (2) offers of reemployment, saidemployee's name shall be removed from thereemployment list. The employees name shall not be

removed from the reemployment list if said employeerefuses reemployment into a classification that is lowerthan the highest classification held by the employee.In hiring for a vacant position in a classification, suchreemployment list shall take precedence over all otheremployment lists.

8.6 Reemployment

B. Any employee who accepts an offer of reemploymentto the highest classification he/she would have beenentitled to at the time of layoff shall have his/hername removed from the reemployment list.

C. Any employee who is laid off and is subsequentlyeligible for reemployment shall be notified by the Cityin writing, sent by certified mail to the last address


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given the City by the employee, of any vacancies forwhich he/she is eligible. Employees so notified, shallrespond within seven (7) working days of the datenotice was sent. Copies of all such reemploymentnotices together with a listing of employees to whomthey were sent shall be sent to the Union.

D. The names of employees who exercise their right todisplace into a classification as provided in Section8.5(A) or (B), and the names of employees whoselayoff results in unemployment from the City shallremain on a reemployment list for a period of one (1)

year. This one (1) year period shall commence uponthe date the employee begins his/her service in thelower/lateral classification into which he/shedisplaced as defined in Section 8.5(A) or (B), or uponthe date unemployment from the City begins.

E. Any employee rehired as defined in Section 8.6 shallserve a probationary period of no more than twelve(12) months, unless the reemployed employee hasprior service in the classification into which he/she isbeing rehired.

The provisions of this Section 8 shall apply when anoccupied position is abolished.

8.7 Abolition of Position

The City will give the Union no less than sixty (60) daysnotice of its intention to contract for services which are beingperformed by employees covered by this Memorandum ofUnderstanding. The parties will meet and confer in anexpedited manner over the impact such contracting ofservices may have on said employees, and the Union maypropose and the City will consider reasonable alternatives tocontracting of City services.

8.8 Contracting of Services


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Section 9. Resignation and Reinstatement

Any employee wishing to resign from employment in goodstanding shall file with the department head at least two (2)week's notice of an intention to leave City service unless ashorter period of time is agreed upon between the employeeand the department head. The written resignation shallstate the effective date and reasons for leaving.

9.1 Resignation

A regular or probationary employee who has resigned ingood standing may be reinstated by the City Manager, upon

recommendation of the department head, to a vacantposition of the same class as the previous position heldwithin a period of one (1) year from the effective date ofsuch resignation. A new probationary period may berequired.

9.2 Reinstatement

Section 10. Reallocation of Position

An employee in a position reallocated to a lower classification shallhave the right of: (1) transferring to a vacant position in theemployee's present classification in the same or anotherdepartment, provided the head of the department into which thetransfer is proposed agrees, or (2) continuing in the same positionin the lower classification at a Y rate of pay when the incumbent'spay is higher than the maximum step of the schedule for the lowerclassification. Such Y rate of pay shall be discontinued when theincumbent ceases to occupy the position or whenever themaximum pay of the salary assigned to the lower classificationequals or exceeds such Y rate. The Y rate provisions of thisSection shall not apply to layoffs, demotions, or other personnelactions resulting in an incumbent moving from one position toanother.

Section 11. Performance Evaluation Procedure

Performance reports on each employee shall be filed by thedepartment head at regular intervals with the City Manager

11.1 Process


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in such form as the City Manager shall prescribe. Reportsof performance shall be governed by the following:

A. The originating department shall send a form foreach employee to the appropriate department headon the anniversary date each year and thedepartment head shall complete and return the formwithin thirty (30) days.

B. Performance reports shall be required every two (2)months for employees during their probationaryperiod.

C. When the department head or supervisor observesa change in an employee's work performancesufficient to cause a change in the departmenthead's overall rating, a report shall be filed.

D. All performance reports must be reviewed by theaffected employee who shall sign the reportacknowledging that the employee's performanceevaluation has been reviewed with the departmenthead or supervisor.

E. All performance reports shall be signed by the CityManager before being placed in an employeespersonnel file.

Before submitting the report to the City Manager, eachdepartment head or supervisor who has prepared aperformance report must meet and discuss the report withthe employee. The employee and the department head orsupervisor both must sign the evaluation prior to submittingto the City Manager. The employees signatureacknowledges receipt of the report. Each employee shallreceive a copy of the report. If an employee is dissatisfiedwith the evaluation, following the meeting with the

department head or supervisor, the employee can file anappeal with the City Manager for review of the report.

11.2 Performance Report Meeting With Employee


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Within five (5) days after the performance report meetingbetween the employee and supervisor or department head,an employee may request, in writing, a review of the reportby a reviewer. The City and the Union will mutually agreeon a reviewer. Within five (5) days after said review, thereviewer shall either accept the original report, a modifiedreport, or cause a new report to be prepared which shall beentered into the personnel file as the official report. Theofficial report shall bear the reviewers signature.

11.3 Appeals of Performance Report

Performance reports shall be considered by the City

Manager in determining salary increases and decreases,the advisability of transfers, demotions and dismissals, andin promotional examination. Performance reports are highlyconfidential and are available only to the Council andappropriate department heads and affected employees.

11.4 Use of Performance Reports

This Section 11 shall not be subject to the grievanceprocedure in Section 20 of the Memorandum ofUnderstanding.

11.5 Non-Grievability

Section 12. Hours of Work, Overtime, Premium Pay

The standard workweek for employees occupying full-timepositions consists of forty (40) hours per week unlessotherwise specified by the City. Should the City elect tochange the regular work schedule, the affected employee(s)will be provided thirty (30) days notice of such change,unless an alternate timeframe is mutually agreed upon. Analternate work schedule (9/80 or 4/10) may be approved bythe City Manager. An employee requesting such analternate schedule must submit a plan to the departmenthead describing in detail the specific schedule and theanticipated impact on the Citys operations. The employees

request will be responded to in writing within thirty (30) daysof the date of submittal. The City will remain open forbusiness Monday through Friday from 8:00 AM until 5:00PM and will continue to provide a high level of service to the

12.1 Hours of Work


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citizens of Belmont. The decision of the City Manager willbe final and not subject to the Grievance Procedure.

Authorized work performed in excess of forty (40) hours inone (1) week shall constitute overtime. All compensableovertime must be authorized by the department head or thedepartment head's designated representative in advance ofbeing worked. If prior authorization is not feasible becauseof emergency conditions, a confirming authorization must bemade on the next regular working day following the date onwhich the overtime was worked. An employee required towork in excess of the regularly scheduled hours of work

(normally 8 hours, or 10 hours for employees working a 4/10work schedule) shall be compensated for each overtimehour so worked at the rate of one and one-half (1-1/2) timesthe employee's regular straight-time rate of pay. Anemployee required to work any overtime between the hoursof 12:00 Midnight and their regularly scheduled start timeshall be compensated for each such overtime hour at therate of two (2) times the employee's regular straight-timerate of pay. An employee required to work in excess of four(4) continuous hours of overtime on an emergency basis willreceive a ten dollar ($10.00) meal reimbursementallowance. Payment for overtime worked will be either cashor compensatory time off upon mutual agreement of thedepartment head and the employee subject to theavailability of funds and with consideration of the employee'scurrent accumulation of compensatory time off.

12.2 Overtime

Employees may accumulate up to a maximum cap of onehundred sixty (160) hours of compensatory time off;overtime earned after the compensatory time off cap of onehundred sixty (160) hours has been reached will be paid asovertime pay at the rate of one and one-half (1 ) times theemployees rate of pay.

The above provision for overtime shall be granted in

accordance with state and federal law.


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Employees covered by this Memorandum of Understandingwill not have a scheduled workday reduced in whole or inpart to compensate for time which they are ordered to workin excess of another regularly scheduled workday. Anemployee and his/her supervisor may agree to adjust theemployees regularly scheduled workday in lieu of overtimecompensation so long as such regularly scheduled workdayadjustment occurs within the employees designated workweek. The City may require a temporary shift change that isscheduled in advance within the normal hours of work.

12.3 Scheduled Workday

The City's policy is that employees are to receive one (1)

fifteen (15) minute rest period for each four (4) hoursworked. The Union recognizes that under extenuatingcircumstances which are considered the exception topractice, an employee may not be able to take said restperiod.

An employee recalled to work outside of and not continuouswith regularly scheduled hours shall be paid a minimum ofone (1) hour at the rate of one and one-half (1-1/2) timesthe employee's regular rate of pay.

12.4 Call Back

An employee assigned to be on stand-by to answer callsoutside of regularly scheduled hours shall receive two (2)hours pay at the employee's regular rate of pay, or two (2)hours of compensatory time off, for each week night ofstand-by time.

12.5 Stand-By Duty

An employee assigned to be on stand-by on Saturday orSunday shall receive three (3) hours' pay at the employee'sregular rate of pay, or three (3) hours of compensatory timeoff, for each day assigned.

An employee assigned to be on stand-by on any holiday

shall receive six (6) hours' pay at the employee's regularrate of pay, or six (6) hours of compensatory time off.


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There shall be two (2) employees designated to be onstand-by, one (1) of whom shall be designated as "primary"and the other shall be designated as "secondary". Theprimary stand-by employee shall be called first, and thesecondary stand-by employee shall be called when, in theopinion of the primary stand-by employee, the secondarystand-by employee is needed.

Back-up assistance needed for call-outs will be drawn fromother employees on the sewer stand-by list. For eachresponse to a call-out, the back-up employee shall receiveone-seventh (1/7) credit toward eight (8) hours of

compensatory time off. The minimum period for which anemployee shall be called out shall be one (1) hour. Thesecredits shall accumulate until any individual maintenanceemployee who responds in a back-up capacity has assistedthe primary maintenance employee assigned to on-callstatus for seven (7) call hours, at which time the back-upemployee will be credited with eight (8) hours ofcompensatory time off.

12.6 Back-Up Duty

Compensatory time off will be taken at a time agreeable tothe employee and the department head.

12.7 Utilization of Compensatory Time Off

Section 13. Holidays

The holidays to be observed in this City are as follows andemployees shall not be required to be on duty unless thedepartment head has so indicated:

13.1 Authorized Holidays

New Years Day J anuary 1Martin Luther King J r.s Birthday Third Monday in J anuaryPresidents Day Third Monday in FebruaryMemorial Day Last Monday in MayIndependence Day J uly 4

Labor Day First Monday in SeptemberColumbus Day Second Monday in OctoberVeteran's Day November 11

Thanksgiving Day Fourth Thursday in November


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Friday after ThanksgivingChristmas Day December 25

In addition to the above-listed holidays, employees shallreceive two (2) Floating Holidays, to be taken, after one (1)year of service, at any time mutually convenient to thedepartment head and the employee and every dayproclaimed by the President of the United States, Governorof California, or Mayor of this City as a public holiday.Floating Holidays will only be usable as time off and may notbe paid out upon separation from City service. FloatingHolidays must be used in the calendar year in which theyare accrued and may not be carried over into a subsequent

calendar year.

When a holiday falls on Sunday, the following Monday shallbe observed. When a holiday falls on Saturday, theprevious Friday shall be observed. If the holiday falls on anemployee's regularly scheduled day off, compensatory timeshall be granted.

Either the day before Christmas or the day before NewYear's Day shall be a holiday, the specific day to bedetermined by mutual agreement between the employeeand the department head, and the employee shall not berequired to be on duty unless the department head has soindicated.

Any regular full-time employee who is required to work onany of the holidays specified in Section 13.1 shall be paid asfollows:

13.2 Work Performed on a Holiday

If an employee works on a holiday that falls on a regularlyscheduled work day, such employee shall receive eight (8)hours of holiday pay, plus one and one-half (1.5) times theemployees regular straight time pay rate for all hoursactually worked on the holiday, and one (1.0) times

compensatory time off for all hours actually worked on theholiday, for a total of two and one-half (2.5) times all hoursactually worked on the holiday. For example, if an


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employee works three (3) hours on a holiday that falls on aregularly scheduled work day, the employee will receiveeight (8) hours of holiday pay, plus three (3) hours of timeand one-half pay, plus three (3) hours of straight timecompensatory time.

If an employee works on a holiday that falls on a regular dayoff, such employee shall receive eight (8) hours of holidaycredit, plus one and one-half (1.5) times the employeesregular straight time pay rate for all hours actually workedon the holiday, and one (1.0) times compensatory time offfor all hours actually worked on the holiday, for a total of two

and one-half (2.5) times all hours actually worked on theholiday. For example, if an employee works three (3) hourson a holiday that falls on a regular day off, the employee willreceive eight (8) hours of holiday credit, plus three (3) hoursof time and one-half pay, plus three (3) hours of straighttime compensatory time.

In the event any of the holidays specified in Section 13.1above occurs while an employee is on vacation, the holidayshall not be charged to vacation.

13.3 Holiday During Vacation

Section 14. Vacation Leave

A. Regular full-time employees shall be entitled tovacation leave as follows:

14.1 Vacation Allowance

Length of Service Days ofVacation

Hrs Accrued Per Month ofService

1 through 4 years 10 days 6-2/3 hours

5 years 15 days 10 hours

6 years 16 days 10-2/3 hours

7 years 17 days 11-1/3 hours

8 years 18 days 12 hours

9 years 19 days 12-2/3 hours10 or more years 20 days 13-1/3 hours

15 or more years 22 days 14-2/3 hours


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B New Lateral AppointmentsWith City Manager approval, the City can offer newlateral hires vacation allowance and /or accrual at arate higher than that specified above. The vacationallowance/accrual can not be higher than thatprovided for 15 years of service in the current MOU.

In the event an employee is unable to take all of thevacation leave to which the employee is entitled in acalendar year, the employee shall be permitted toaccumulate the unused portion to the employee's credit,

provided that the accumulated time does not exceed twotimes the employees annual allowance, unless anextension is granted by the City Manager due to exceptionalcircumstances. Employees who have reached their accruallimit will not accrue any additional vacation unless and untiltheir accrued vacation is below their accrual limit.

14.2 Vacation Accumulation

Employees who leave City service, shall be paidstraight-time salary for all accrued vacation leave earned onor before the effective date of termination.

14.3 Pay Upon Termination

The time during a calendar year at which an employee maytake the employee's vacation shall be determined by thedepartment head with due regard for the wishes of theemployee and the needs of the City.

14.4 Vacation Scheduling

Section 15. Sick Leave

Sick leave, with pay, shall be granted to all full-time regularand probationary employees. Sick leave shall not beconsidered as a right which an employee may use at theemployee's discretion, but shall be allowed only in case of

necessity and actual personal or family sickness ordisability. In order to receive compensation while absent onsick leave, the employee shall notify the employee'simmediate supervisor prior to the time set for beginning the

15.1 Accrual and Usage


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employee's daily duties. An employee taking sick leave maybe required to file a physician's certificate or personalaffidavit with the supervisor or department head stating thecause of the absence.

For purposes of computing sick leave, one (1) day shall beconsidered as eight (8) working hours. In the event that oneor more City holidays fall within a period of an employee'sillness on sick leave, such holiday shall not be chargedagainst the employee's sick leave balance. Sick leave shallbe earned at the rate of one (1) day for each calendarmonth of service.

A maximum of eighty (80) hours of accumulated sick leavemay be taken each calendar year in case an employee'spresence is required elsewhere because of sickness ordisability affecting the employee's immediate family. Theimmediate family shall consist of the spouse, children,parents, brothers, sisters, domestic partner or dependentsof the employee.

Unused sick leave shall be accumulated to a total of notmore than two hundred (200) days. An employee who is offon sick leave shall be entitled to accumulate earned sick

leave while using the employee's previously earned sickleave. An employee who is on leave without pay shall notaccumulate sick leave credits.

15.2 Accumulation

In the event that the employee chooses to integrate theemployee's accumulated unused sick leave with Workers'Compensation and Workers' Compensation paymentscover all or part of the period during which sick leave is paid,the sum of the two shall not exceed the sick leave benefitpayable for said period, and the unused portion ofaccumulated sick leave will continue to be credited to theemployee.

15.3 Workers' Compensation - Integration with Sick Leave


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15.4 Pay for Unused Sick Leave Upon Separation from CityService

Upon retirement, employees with an unused sick leavebalance may exercise one or both of the following options:

Retirement

Convert all or a portion of their unused accrued sickleave days at the time of retirement to additionalPERS service credit at the rate of 0.004 year(s) ofservice for each day of unused sick leave.

Receive compensation for unused accrued sick

leave days, up to a maximum of one hundred eighty(180) days, based on years of service as follows:

Years of Service

5 to 9 years 25%

Percentage ofSick Leave Days

10 or more years 50%

For the purposes of this section, retirement will be definedas receiving a PERS retirement benefit.

Upon the death of an employee actively employed by theCity, the City shall compensate the employees PERSdesignated beneficiary(ies) with a percentage of thedeceased employees accrued unused sick leave based onyears of service as follows:

Death

Years of Service

5 to 9 years 25%

Percentage ofSick Leave Days

10 or more years 50%

Temporary full-time employees who are appointed to a

regular position in the same classification, without a break inservice with the City in excess of two (2) weeks, shall havecredited to their sick leave balance eight (8) hours of sick

15.5 Temporary Employees


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leave for each full month of temporary service with the Cityup to a maximum of forty-eight (48) hours.

Section 16. Other Leaves

The City will provide up to three (3) days paid bereavementleave for immediate family (including Citys expandedimmediate family) per calendar year. Employees can takeadditional bereavement leave by using other accrued paidtime including sick leave, vacation and compensatory time.

16.1 Bereavement Leave

Any regular full-time employee of the City who has suffereda disability caused by illness or injury arising out of and inthe course of the employee's employment, as defined by theWorkers' Compensation laws of the State of California, shallbe entitled to disability leave while so disabled without lossof compensation for the period of such disability to amaximum of eighty (80) hours.

16.2 Industrial Disability Leave of Absence

During the period the employee is paid by the City, theemployee shall endorse to the City any benefit paymentsreceived as a result of Workers' Compensation insurancecoverage. The City reserves the right to withhold paymentof any disability benefits until such time as it is determinedwhether or not the illness or injury is covered by Workers'Compensation.

The benefits of sick leave and disability leave shall bemutually exclusive and no sick leave benefits may be usedfor the purposes specified under this Section 16.2.

If the employee's disability caused by illness or injury arisingout of and in the course of the employee's employmentextends beyond the eighty (80) hours described above, theemployee may integrate the employee's unused sick leave,vacation leave, and compensatory time-off accruals with the

Workers' Compensation payments provided that the sum ofthe Workers' Compensation payments and paid leave doesnot exceed the employee's regular rate of pay for saidperiod.


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Industrial disability leave may not exceed twelve (12)months and ten (10) days unless extended by the CityManager whose decision shall be final.

The City shall continue to pay the insurance premiums forthe employee when an employee is on a leave of absencewithout pay as a result of an industrial disability inaccordance with this Section.

An employee who is disabled by reason of illness or injurywhich is not job-incurred may be granted a leave of absence

without pay so long as such disability continues and issubstantiated by a physician's statement. Such leave shallnot exceed twelve (12) months. Unpaid leave may begranted only after the employee has used all the employee'saccrued sick leave. At the employee's option, accruedvacation and compensatory time off may be used during theperiod of such leave, but in no case shall the combination ofpaid and unpaid leave exceed twelve (12) consecutivemonths.

16.3 Non-Industrial Disability Leave Without Pay

Family and Medical Disability leave shall be granted inaccordance with applicable state and federal law.

The City shall continue to pay the insurance premiums forthe employee when an employee is on a leave of absencewithout pay as a result of a non-industrial disability inaccordance with this Section.

The City Manager may grant a permanent employee a leaveof absence without pay or benefits for a period not toexceed ninety (90) days. Request for such leave shall be inwriting and shall be approved in advance by the CityManager in writing.

16.4 Personal Leave of Absence

Upon the advice of the employee's physician, an employeemay request transfer to less strenuous or hazardous dutieswithin the employees' classification which the employee is

16.5 Limited Duty


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qualified to perform. Such duty shall not result in thetransfer, layoff or other displacement of any other employeecovered by this Agreement.

An employee summoned to jury duty shall inform theemployee's supervisor and, if required to serve, may beabsent from duty with full pay; provided, however, theemployee must remit to the City all fees received exceptthose specifically allowed for mileage and expenses.

16.6 J ury Duty

Military leave shall be granted in accordance with the

provisions of State and Federal law. All employees entitledto military leave shall give the appointing authority anopportunity within the limits of military regulations todetermine when such leave shall be taken.

16.7 Military Leave

Seniority begins on date of hire. After successfulcompletion of probation, seniority continues to accrue untiltermination. If termination is voluntary or if the employee ison an approved leave of absence, seniority will not accrueduring the period of the leave or the voluntary termination. Ifthe employee returns to employment within 12 months oftaking leave or voluntary termination, seniority will resumeaccrual upon date of return.

16.8 Seniority Rights and Salary Adjustments While On Leave ofAbsence

Authorized leave of absence without pay which exceeds two(2) weeks for: (1) leave of absence for personal reasons, or(2) leave of absence for non-industrial illness or injury, or (3)leave of absence for industrial illness or injury shall not beincluded in determining salary adjustments. Authorizedleave of absence without pay which exceeds thirty (30)calendar days for: (1) leave of absence for personalreasons, or (2) leave of absence for non-industrial illness orinjury, or (3) leave of absence for industrial illness or injury

shall not be included in determining seniority rights.


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A permanent employee may be eligible to receive donationsof paid leave other than sick leave, to be included in therecipient employee's sick leave balance if she/he hassuffered a catastrophic illness or injury which prevents theemployee from being able to work for an extended period oftime. Catastrophic illness or injury is defined as a criticalmedical condition considered terminal or an illness or injurycausing long-term major physical impairment or disability.

16.9 Catastrophic Leave Program

A. The recipient employee, recipient employee's family,or other person designated in writing by the recipientemployee must submit a request to the City

Manager.

B. The recipient employee is not eligible so long asshe/he has paid leaves available, however, therequest may be initiated prior to the anticipated dateleave balances will be exhausted.

C. A medical verification of eligibility for FMLA (Section16.10) must be provided by the recipient employee.

D. A recipient employee is eligible to receive ninety (90)working days of donated time per employment.Requests for exceptions to this limit may besubmitted to the City Manager whose decision shallbe final.

E. Donations shall be made in full-day increments ofeight (8) hours, and are irrevocable. The donoremployee may donate vacation up to any amount solong as the donor employee retains at least eighty(80) hours of vacation. Compensatory time mayalso be donated without limit on the amount. Sickleave may not be donated.

F. Time donated will be converted from the type of time

donated to sick leave and credited to the recipientemployee's sick leave balance on an hour-for-hourbasis and shall be paid at the rate of pay of the


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recipient employee. All sick leave provisions willapply.

G. Time donated in any pay period may be used in thefollowing pay periods. No retroactive donations willbe permitted.

H. The determination of the employee's eligibility forCatastrophic Sick Leave donation shall be at the CityManager's sole discretion and shall be final and non-grievable.

The City will provide Family Care Leave in accordance withthe Family Medical Leave Act (FMLA), California FamilyRights Act (CFRA), and the Personnel Rules andRegulations. The City will provide Paid Family Leave, acomponent of State Disability Insurance (SDI), inaccordance with state legislation.

16.10 Family Care Leave and Paid Family Leave

Section 17. Health and Welfare Plans

The City will participate in the Public Employees Medicaland Hospital Care Act (PEMHCA) medical plans, asadministered by PERS.

17.1 Hospital and Medical Care Benefits

The City shall provide each eligible employee whoparticipates in a City sponsored medical insurance planwith an employer contribution towards the purchase ofmedical insurance benefits. The amount of this employercontribution shall not exceed the minimum contributionrequired under the Public Employees Hospital andMedical Care Act (PEMHCA).

The City shall offer an Internal Revenue Code Section 125Plan which contains the components of premium

conversion, health care reimbursement account, dependentcare reimbursement account, and cash option.

17.2 Flexible Benefits Plan Design


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An employee may use Flexible Benefit Plan funds towardthe cost of employer-provided health insurance for theemployee and eligible dependents.

An employee may use Flexible Benefit Plan funds that arenot used for medical plan premiums as contributions into thehealth care reimbursement account, dependent carereimbursement account, deferred compensation account, orcash option in accordance with Plan procedures.

Effective J uly 1, 2012, the City shall contribute $1,587.14(inclusive of the PERS minimum contribution) per month

toward the flexible benefit plan.

17.3 Flexible Benefits Plan Contributions

For employees hired prior to August 1, 2012

: If anemployee is eligible for alternative group medicalinsurance, the employee may waive the Citys medicalinsurance coverage and select such alternate plan. Proofof such alternate coverage is required prior to waivingcoverage through the City plan.

Effective J anuary 2013, and each J anuary during the termof this Memorandum of Understanding, the Cityscontribution to the Employee & 2+ Dependents (EE

2+) rate will be increased up to One Hundred percent(100%) of the Kaiser Employee & 2+ Dependents (EE2+) premium cost. Effective J anuary 1, 2013, the Cityscontribution to the flexible benefits plan for Employee (EE)and Employee & 1 Dependent (EE & 1) coverage will beincreased to cover the increase in cost of the medicalpremium up to the dollar contribution to the EE 2+Kaisercost. Effective J anuary 1, 2013, the amounts eligible forcash and/or deferred contribution are capped at the 2012rates for the plan option selected (such as Kaiser EE & 1or Blue Shield Access EE coverage). The amount of cashand/or deferred compensation that an employee may

receive shall not exceed $1,587.14 or increase during theterm of this agreement unless the employee changesplans or coverage to a lesser monthly rate.


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For employees hired on or after to August 1, 2012 :Employees who elect a medical plan shall receive noadditional funds for cash, deferred compensation ordependent care.

If an employee is eligible for alternative group medicalinsurance, the employee may waive the Citys medicalinsurance coverage and select such alternate plan. Proofof such alternate coverage is required prior to waivingcoverage through the city plan. Any employee who waivesmedical coverage entirely shall be eligible to receive in

cash or deferred compensation, in accordance with Planprocedures, one-half of the current Kaiser EE plan rate.

If, pursuant to any federal or state law which may becomeeffective subsequent to the effective date of thisMemorandum of Understanding, the City is required to paycontributions or taxes for hospital-surgical, dental care,prescription drug or other health benefits to be provided itsemployees under such federal or state act, the parties agreeto meet and confer regarding the impact of such a plan onexisting benefits. In no event will the cost obligationspecified in this agreement for providing benefits be

automatically increased as a result of such federal or stateplan.

17.4 Changes in State or Federal Law

It is understood that during the term of this contract, theCity may seek expert opinion as to the parameters of thisprogram and all contributions to Flexible Benefits Planoutlined below are contingent upon compliance with stateand federal rules and regulations. The Parties agree tomeet and confer regarding a replacement provision if anypart of this structure is found to be noncompliant.

The City will provide vision care benefits through VisionService Plan (VSP). The City will pay a composite monthlyrate of $21.21 per employee. The City will pay for annualpremium increases for VSP Signature Plan C coverage

17.5 Vision Care


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during the duration of this Agreement, up to a maximumcomposite monthly rate of $30.00 per employee. If themonthly premium exceeds $30.00 per employee, the Cityand the Union agree to meet and confer over a resolution.

The City will provide Delta Dental PPO plan insurancecoverage for employees and their eligible dependents. TheCity will pay for the majority of the premium cost of thedental plan in accordance with the following schedule ofemployee monthly contribution:

17.6 Dental Plan

Benefit Level Employee Cost

Employee only $0.00Employee +1 $5.00

Employee +2 $10.00

The City shall pay on behalf of each regular full-timeemployee a monthly premium contribution sufficient toprovide a flat $75,000 life and accidental death anddismemberment insurance amount for each employee.

17.7 Life and Accidental Death and Dismemberment Insurance

Long-term disability insurance will continue to be provided.

The amount of long-term disability insurance shall be basedupon the employee's basic monthly earnings, reduced byany deductible benefits. The employee shall pay the actualmonthly cost of the premium on an after-tax basis.

17.8 Long Term Disability

17.9 State Disability Insurance

A. The City will continue to participate in the CaliforniaState Disability Insurance Program (SDI). Anybenefits received under this program will beautomatically integrated with any available sick leaveand/or Workers' Compensation benefits. Once sickleave is exhausted, employees may integrate SDI

benefits with unused vacation leave orcompensatory time. Integrated payments shall at notime exceed the employees regular rate of pay.


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B.Employees receiving Paid Family Leave benefitsshall be required to take up to two (2) weeks ofearned but unused vacation leave or compensatorytime as permitted by state law.

Paid Family Leave

The City shall contract with PERS to provide a retirementplan which includes the 2% at 55 formula for miscellaneousemployees with the following optional benefits: Credit forUnused Sick Leave; Industrial Disability Retirement forLocal Miscellaneous Members; and Fourth Level of 1959

Survivor Benefits.

17.10 Retirement

Employees hired after August 1, 2012 shall be covered witha PERS retirement plan with 2% at 55 with three (3) yearsaverage salary for determination of benefits.

17.11 Retiree Health Benefits

A.An employee who retires in accordance with PERSregulations after five (5) years of continuousemployment with the City of Belmont shall be

eligible to participate in the PERS health careprogram. The City will contribute to PERS therequired employer contribution for such health planparticipation.

Retirees with five (5) years of service.

B.An employee hired before J uly 1, 1985 who retiresin accordance with PERS regulations after ten (10)years of continuous employment with the City ofBelmont shall be entitled to monthly reimbursementof the expenses he or she incurs for hospital andmedical care premiums for his or her individual

coverage only.

Retirees with ten (10) years of service.


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C.An employee hired after J uly 1, 1985 who retires inaccordance with PERS regulations after twelve (12)years of continuous employment with the City ofBelmont shall be entitled to monthly reimbursementof expenses he or she incurs for hospital andmedical care premiums for his or her individualcoverage only.

Retirees with twelve (12) years of service.

D. Retirees after J uly 1, 2001An employee who retires after J uly 1, 2001 andwho retires in accordance with (B) or (C) above

shall be entitled to monthly reimbursement ofhospital and medical care premiums up to amaximum of the amount paid by the City ofBelmont for EE employee coverage under theKaiser health plan.

E. Employees Hired after August 1, 2012Notwithstanding (C) and (D) above, employeeshired after August 1, 2012 shall be entitled tothe following retiree health benefits:

1. The City shall participate in the CalPERS

Health Plan as governed by the PublicEmployees' Medical and Hospital CareAct (PEMHCA), and provide the minimumPEMHCA contribution for retirees asrequired by law.

2. Additionally, the City shall contribute thefollowing to a Retirement Health Savingsaccount based on the years of service withthe City.


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Years of Service MonthlyContribution

Years 1-5 $150.00

Years 6-10 $200.00Years 11-15Years 16 and thereafter

$250.00$300.00

3. Employees shall be vested in the RetireeHealth Savings Plan after ten (10) years ofcontinuous service with the City.

F. Retiree DentalA retiree shall be entitled to participate in the City'sdental plan at his or her own cost.

17.12 Deferred CompensationEffective J uly 1, 2012, the City will contribute 1.3% of basesalary to the Deferred Compensation Plan on behalf ofemployees in the bargaining unit.

17.13 Domestic Partner Coverage

The City will provide medical coverage for DomesticPartners in accordance with PERS definitions andregulations. The City will provide domestic partner dental,and vision care coverage to the extent and in the mannerin which the health plan carriers allow for the domesticpartners enrollment. For the purposes of providing dentaland vision coverage, the domestic partner of the employeeshall be defined as an unmarried person, regardless ofgender, who resides with the employee and shares thecommon necessities of life. In a domestic partnershipneither partner is married to another; both are at least 18years of age; are not related by blood so close as to bar

marriage; are mentally competent; and are each otherssole domestic partner, intend to remain so indefinitely, andare responsible for their common welfare. Domestic


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partners will be required to complete, sign, and file with theCity an Affidavit of Domestic Partnership. No personwho has filed an Affidavit of Domestic Partnership may fileanother such affidavit until six months after a statement oftermination of the previous partnership has been filed withthe City.

Section 18. Safety

18.1 Observance of Safety Rules and RegulationsBoth the City and the Union shall expend every effort toensure that work is performed with a maximum degree ofsafety, consistent with the requirement to conduct efficientoperations.

Each employee covered by this Memorandum agrees tocomply with all safety rules and regulations in effect and anysubsequent rules and regulations that may be adopted.Employees further agree that they will report all accidentsand safety hazards to the appropriate management officialimmediately. Any employee having knowledge of or who isa witness to an accident shall, if requested, give full andtruthful testimony as to same.

18.2 Safety Equipment

The City shall continue to supply employees with safetyequipment required by the City and/or Cal/OSHA. Allemployees shall use City supplied safety equipment only forthe purposes and uses specified under applicable safetyrules and regulations.

Section 19. Discipl inary Actions

Employees may be suspended, discharged, or demoted for causeand a copy of the correspondence to the affected employeeregarding any such disciplinary action shall be forwarded to theUnion. The action imposed upon an employee may be processedas a grievance through the grievance procedure as outlined in

Section 20 of this Memorandum of Understanding.


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The City may issue an employee a written reprimand to anemployee as disciplinary action. Such written reprimand is notsubject to the grievance procedure. The employee may, within five(5) days of receipt of a written reprimand, appeal the writtenreprimand in writing to the City Manager or designee. The CityManagers determination shall be final and binding.

Section 20. Grievance Procedures

20.1 DefinitionA grievance is any dispute which involves the interpretationor application of any provision of this Memorandum ofUnderstanding excluding, however, those provisions of this

Memorandum of Understanding which specifically providethat the decision of any City official shall be final, theinterpretation or application of those provisions not beingsubject to the grievance procedure.

20.2 ProcedureA grievance shall be filed according to the followingprocedure:

A. Step 1. Immediate Supervisor. A grievance may befiled by an employee on behalf of the employee, or

jointly by a group of employees or by the Union.

Within ten (10) calendar days of the event giving riseto a grievance, the grievant shall present thegrievance in writing to the immediate supervisor.Grievances not presented within the time periodshall be considered resolved.

The supervisor shall meet with the grievant to settlethe grievance and give a written answer to thegrievant within ten (10) calendar days from thereceipt of the grievance by the supervisor. Whenthe immediate supervisor is also the departmenthead, the grievance shall be presented directly in

Step 2.

B. Step 2. Department Head. If the grievance is notresolved in Step 1, the grievant may, within fourteen


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(14) calendar days from the grievant's receipt of thesupervisor's answer, forward the grievance to thegrievant's department head for consideration.Answer to the grievance shall be made in writing bythe department head, after conferring with thegrievant, within ten (10) calendar days from receiptof the grievance.

C. Step 3. City Manager. Any grievance which has notbeen resolved by the procedure set forth above maybe referred to the City Manager by the grievant inwriting within ten (10) calendar days from thegrievant's receipt of the department head's answer

and the specific issues involved shall be detailed insuch referral together with a statement of theresolution which is desired. The City Manager shalldesignate a personal representative who, whendesignated, shall investigate the merits of thecomplaint, meet with the grievant and, if the grievantis not the Union itself, to meet also with the officialsof the Union which has jurisdiction over the positionor positions which will be directly affected by theresolution of the grievance, and to settle suchgrievance or to make recommendations thereon tothe City Manager in the City Manager's capacity asEmployee Relations Officer within fifteen (15)calendar days following the meeting(s).

D. Step 4. Adjustment Board. In the event the partieshereto are unable to reach a mutually satisfactoryaccord on any grievance (as the term "grievance" ishereinabove defined) which arises and is presentedduring the term of this Memorandum, suchgrievance shall be submitted to an AdjustmentBoard composed of two (2) representativesdesignated by the Union and two (2) representativesdesignated by the City.

The Adjustment Board shall entertain, hear, decide,or make recommendations on any dispute involvinga position over which the Union has jurisdiction whensuch dispute falls within the definition of a grievance


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as set forth above in Section 18.1. A majoritydecision of the Adj

Documents

Belmont MOU 2012-2015 Booklet Format