AFSCME - MOU General Unit 2013-2015MEMORANDUM
OF
UNDERSTANDING
BETWEEN
THE CITY OF GILROY
AFSCM E, AFL, CIO, LOCAL 101
G I LROY CHAPTER
GENERAL UNIT
JULY 17 2013 - JUNE 30, 2015
TABLE OF CONTENTS
AFSCME, LOCAL 101
GENERAL UNIT MOU
ARTICLEISECTION
DESCRIPTION
PAGE NUMBER
ARTICLE I
PARTIES TO THE AGREEMENT
1
ARTICLE 11
RECOGNITION AND SCOPE
1
ARTICLE III
CITY RIGHTS
1
Section A
In General
1
Section B
Rights Enumerated
2
Section C
Em to ee Grievances Not Impaired
2
Section D
Consultations with Union
2
ARTICLE IV
UNION RIGHTS
2
Section A
Maintenance of Membership
2
Section B
Agency Shop
3
Section C
Information
4
ARTICLE V
SALARIES AND OTHER COMPENSATION
4
Section A
Salaries
4
Section B
Traininq
4
Section C
Retention/Recognition Incentive
5
Section D
Retirement Plans and Contributions
6
Section E
Shift Differential
6
Section F
Education Incentive
7
Section G
Tuition Reimbursement
7
Section H
Overtime
8
Section I
Stand-By_Pay
8
Section J
Call Back Pay
8
Section K
Work Out Of Classification Pay
9
Section L
HolidaV Pay
9
Section M
License Pay
10
Section N
Bi -Lin ual Pay
10
ARTICLE VI
INSURANCE PROGRAMS
11
Section A
Medical Insurance
11
Section B
Life Insurance
12
Section C
Long Term Disability Insurance
12
ARTICLE Vil
LEAVES
12
Section A
General Information
12
Section B
Personal Leave
13
Section C
Bereavement Leave
13
Section D
Holida s
14
Section E
Christmas Eve Mandatory Closure
14
ARTICLE Vill
MISCELLANEOUS
15
TABLE OF CONTENTS
AFSCME, LOCAL 101
GENERAL UNIT MOU
ARTICLEISECTION
DESCRIPTION
PAGE NUMBER
Section A
Uniforms
15
Section B
Safe Work Place Commitment
15
Section C
Safetv Committee
15
Section D
Tool Allowance
16
Section E
Contracting Out
16
Section F
Union Leave
16
Section G
Cit -Paid Meal
17
Section H
Employee Commitment
17
Section I
Probationary Period
18
Section J
Residency Requirements
18
Section K
Eyeglass Re lacement
18
Section L
La off Policy
19
Section M
Em to ee Assistance Program
19
Section N
Grievance and Disciplinary Action
19
Section 0
Bulletin Boards
21
Section P
Donation of Vested Time
21
Section Q
Human Resources Files
21
Section R
Labor Management Committee
21
Section S
Employee Performance Appraisal
21
Section T
Equal Employment Opportunity
22
Section U
Alternate Work Schedules
22
Section V
DMV Pull Notice Program
22
Section W
Payroll Date and Direct Deposit
23
ARTICLE IX
PEACEFUL PERFORMANCE
23
ARTICLE X
REINSTATEMENT
23
ARTICLE XI
REOPENERS
23
ARTICLE XII
FULL UNDERSTANDING
24
ARTICLE XIII
SAVINGS PROVISION
24
ARTICLE XIV
TERM
25
EXHIBITS
Exhibit A Salary Tables - General Unit
Exhibit B Mechanic's Tool Policy
Exhibit C Educational Incentive Pay History
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6 pages
5 pages
2 pages
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF GILROY
AND
AFSCME, AFL, CIO, LOCAL 101
GILROY CHAPTER
GENERAL UNIT
JULY 1, 2013 - JUNE 309 2015
ARTICLE I. PARTIES TO THE AGREEMENT
This Memorandum of Understanding is jointly prepared and executed by representatives of the
City of Gilroy (hereinafter CITY) and the Gilroy Employee Association affiliated with
AFSCME, Local 101 (hereinafter UNION) for presentation to, and consideration by, the City
Council of CITY. It shall not be binding until ratified by the UNION and adopted by the City
Council.
ARTICLE II. RECOGNITION AND SCOPE
CITY hereby recognizes UNION as the recognized employee organization for purposes of
Government Code 3500 et seq. and the Employer - Employee Relations Policy of CITY (City
Council Resolution 85 -25). Such recognition shall extend only to the representation of
employees holding permanent positions in the General Unit.
ARTICLE III. CITY RIGHTS
Section A. In General:
All CITY rights and functions, except those which are expressly abridged by this Agreement,
shall remain vested with CITY.
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Section B. Rights Enumerated:
Nothing in this Agreement shall be construed to restrict any legal or inherent exclusive CITY
rights with respect to matters of general legislative or managerial policy which include but are
not limited to: the exclusive right to determine the mission of its constituent sections; set
standards of selection for employment and promotion; train, direct and assign its employees;
require overtime work; take disciplinary action; relieve its employees from duty because of lack
of work or for other legitimate reasons; maintain the efficiency of CITY operations; determine
the methods, means and personnel by which CITY operations are to be conducted; determine the
content of job classifications; take all necessary actions to prepare for and carry out its mission
in emergencies; and exercise complete control and discretion over its organization and the
technology of performing its work. CITY has the right to make reasonable rules and regulations
pertaining to employees consistent with this Agreement.
Section C. Employee Grievances Not Impaired:
1. The exercise of CITY management rights shall not preclude a grievant from presenting a
grievance in accordance with the Human Resources Rules and Regulations, concerning
an adverse effect of the exercise of such rights upon employee; provided, however, the
basic right of management to act hereunder or make decisions is unimpaired.
2. Notwithstanding paragraph 1, above, bargaining unit members must utilize the Grievance
Procedure contained in Article VIII (P) of the MOU rather than the Human Resources
Rules and Regulations for any grievances involving the interpretation, application or
alleged violation of this memorandum of understanding.
Section D. Consultations with UNION:
This Agreement is not intended to restrict the right of CITY to consult with UNION regarding
matters within the right of CITY to determine. However, the parties understand that such
consultation shall not create any obligation to meet and confer over issues not within the scope of
representation.
Pursuant to MMBA Section 3504, the scope of representation shall include all matters relating to
employment conditions and employer - employee relations, including, but not limited to, wages,
hours, and other terms and conditions of employment, except, however, that the scope of
representation shall not include consideration of the merits, necessity, or organization of any
service or activity provided by law or executive order.
ARTICLE IV. UNION RIGHTS
Section A. Maintenance of Membership:
UNION membership is not a mandatory condition of employment for any employee
covered by this Agreement. However, any employee covered by this Agreement
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employed before November 1, 1994, who is a UNION member on November 1, 1994
shall continue to pay to the UNION those dues or fees regularly charged members of the
UNION in good standing; except as provided below.
2. Every employee who is a member of the UNION shall have the right to withdraw from
membership during the final thirty (30) days of the contract. An employee who has
properly withdrawn membership as provided herein shall not be subject to the provisions
of this section. Employees withdrawing membership shall have the option of paying the
service fee in lieu of full Union dues.
3. Upon return from leaves of absence, the CITY shall reinstate payroll deduction of Union
dues for those employees who are on dues check -off immediately prior to taking leave,
provided that the employee has not authorized cancellation of dues check -off in
accordance with the prescribed provision or the agreement under which they were a
member has not expired.
Enforcement of this section shall be the responsibility of the UNION, utilizing civil procedures.
The UNION shall indemnify and hold the CITY harmless from any and all claims, demands or
suits, or any other action arising from this section in a manner consistent with MMBA Section
3502.5(b).
Section B. Agency ip:
Only employees hired after November 1, 1994 shall be subject to the provisions of this section.
The purpose of this section is to implement an agency shop provision pursuant to section 3502.5
of the Government Code. Under this provision, employees will be required to either join the
Union or pay a service fee reflecting the cost of representation.
The CITY and UNION agree:
1. Employees will be informed as to the provisions and practical effect of Agency shop
agreement.
2. The UNION will indemnify and hold the CITY harmless from any and all liabilities
arising out of the implementation and administration of the Agency Shop.
3. The UNION shall be responsible for enforcing the provisions of this section using
appropriate civil procedures. The CITY is not responsible for disciplining employees for
violations of this section.
The UNION agrees to adhere to all statutory and judicial requirements, and to maintain an
appropriate complaint procedure. Pursuant to MMBA Section 3502.5(c), any employee shall be
exempted from the requirements of Section A or B if such employee is a member of a bona fide
religion, body or sect which has historically held conscientious objections to joining or
financially supporting public employee organizations. The employee must submit a signed
affidavit to the Union and the City Administrator stating that he /she qualifies for said exemption
and designating a charitable organization to which the appropriate amount will be paid through a
payroll deduction. Such contribution may be made to any charity jointly agreed upon by the City
and the Union. Such charities cannot be affiliated in any manner with any established religious
organization.
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The City will agree to process an additional level of dues deduction (Dues + PEOPLE) for union
members. Money collected under any of the three levels of dues deduction (Agency Fee,
Member, or Member + PEOPLE) shall be disbursed to the union in a single check. Union
members may change their level of dues deduction to add or withdraw from PEOPLE in any
month by giving written notice to Human Resources. Dues deduction changes shall be effective
the payroll period following receipt of the notice.
Section C. Information
The City agrees to provide the Union with names of new hires within the bargaining unit on a
timely basis.
ARTICLE. V. SALARIES AND OTHER COMPENSATION
Section A. Salaries:
Salaries in effect on June 30, 2013 shall be increased by two (2.0 %) effective July 1,
2013.
Salaries in effect on June 30, 2014 shall be increased by two (2.0 %) effective July 1,
2014.
The above referenced salary increases have been calculated and are included on the
attached salary schedules (Exhibit A). Due to rounding, the percentage increases are
approximate, not exact.
Section B. Training
1. Training:
The parties agree that all employees have a responsibility to provide orientation and
informal training to new and existing employees.
2. PSC, PRT, CSO Training Pay:
Employees in the classification of Public Safety Communicator (PSC), Police Records
Technician (PRT), or Community Service Officer (CSO) who are formally assigned by
the Department as a Trainer shall receive training pay of five (5 %) percent during the
hours they are actually assigned a trainee.
The training of employees is done in focused "segment blocks" of 40 -120 hours. The
PSC, PRT, or CSO assigned as a Trainer and tasked to provide a "segment" of training
(minimum of 40 hours) will be paid five (5 %) percent of the trainer's base pay for all of
the pay periods where the majority of training hours takes place. If a PSC, PRT, or CSO
serving in the role of a Trainer exceeds 120 hours of training time in a pay period, that
Trainer will receive five (5 %) percent of base for the following pay period.
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3. Formal Training Programs:
Employees, except Lead/Senior or Supervisory employees, who are formally assigned by
a Department Head as a Trainer for other employees shall receive training pay of five
(5%) percent during the hours they are actually assigned a trainee if the Department
implements a formal training program equal or comparable to that developed for the PSC,
PRT and CSO Trainers. The Department Head retains discretion to assign Trainers.
To be comparable to the PSC, PRT, and CSO training program, training must be done in
focused "segment blocks" of 40 -120 hours and must meet similar requirements to those
programs, including trainer signoff that the trainee has met specific standards. .Trainers
tasked to provide a "segment" of training (minimum of 40 hours) will be paid five (5 %)
percent of the base pay for all of the pay periods where the majority of training hours
takes place. The parties specifically agree that this section shall not apply to informal or
ad hoc training programs utilized by departments.
Nothing in this section shall be deemed to require a Department to establish a formal
training program or to designate Trainers if such a program is established.
Section C. Retention/Recognition Incentive
Unit employees hired prior to November 1, 2005 who are fifty -five (55) or more years old and
retire from City of Gilroy service with a minimum of fifteen (15) years of service with the City
of Gilroy and begin collecting a Ca1PERS service or disability pension within ninety (90) days
after separation from City of Gilroy service shall be eligible to receive the following post -
retirement benefit until reaching the age of sixty -five (65). The former employee (a Ca1PERS
annuitant) shall receive $15 per month per year of City of Gilroy service not to exceed two
hundred ($200) dollars per month.
Unit employees hired after November 1, 2005 who are fifty -five (55) or more years old and retire
from City of Gilroy service with a minimum of (20) years of service with the City of Gilroy and
begin collecting a Ca1PERS service or disability pension within ninety (90) days after separation
from City of Gilroy service shall be eligible to receive the following post- retirement benefit until
reaching the age of sixty -five (65). The former employee (a CalPERS annuitant) shall receive
$15 per month per year of City of Gilroy service not to exceed two hundred ($200) dollars per
month.
Effective June 30, 2007, unit employees who are fifty -five (55) or more years old and retire from
City of Gilroy service with a minimum of twenty -five (25) years of service with the City of
Gilroy and begin collecting a Ca1PERS service or disability pension within ninety (90) days after
separation from City of Gilroy service shall be eligible to receive the following post- retirement
benefit until reaching the age of sixty -five (65). The former employee (a Ca1PERS annuitant)
shall receive $15 per month per year of City of Gilroy service not to exceed three hundred ($300)
dollars per month.
Should an employee qualify for a Retention/Recognition Incentive benefit, the benefit payment
will begin after one full calendar month following retirement from city of Gilroy employment.
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For example, if an employee retires on July 10, 2013 and qualifies for a Retention/Recognition
Incentive benefit, that benefit will begin in the month of September.
Section D. Retirement Plans and Contributions:
The city of Gilroy shall comply with the Public Employee Pension Reform Act
(PEPRA) /Assembly Bill 340 (2012) that went into effect on January 1, 2013. PEPRA is a state
law that supersedes any conflicting wording that may be contained in this MOU.
Miscellaneous CaIPERS Group:
■ Tier One — Miscellaneous Employees Hired Prior to January 1, 2013 and Classic
Members of Ca1PERS Hired on or After January 1, 2013
The City shall provide the 2.5% at 55 PERS retirement plan for AFSCME employees in the
Miscellaneous Ca1PERS category that qualify as a "classic" member of Ca1PERS. This applies
to employees hired to a full -time position with the city of Gilroy prior to January 1, 2013 or an
employee hired to a full -time position with the city of Gilroy on or after January 1, 2013 who
qualifies as a "classic" member of Ca1PERS. Employees in this category shall have a pre -tax
payroll deduction of eight (8 %) percent consistent with IRC 414(h)(2). One (1) year final
compensation (pursuant to CA Government Code Section 20042) is used for employees who
retire under this formula. The City pays the employer contribution.
■ Tier Two — Miscellaneous Employees Categorized as "New" Ca1PERS Members
Hired On or After January 1, 2013
New full -time AFSCME employees in the Miscellaneous Ca1PERS category hired on or after
January 1, 2013 who are classified as a "new" member of CalPERS shall receive the 2% at 62
Ca1PERS retirement plan. Employees in this category shall have a pre -tax payroll deduction for
50% of the total normal cost of the plan as identified annually by Ca1PERS. This employee
payroll deduction amount may change from year to year as required by PEPRA. Three year final
compensation is used for employees who retire under this formula.
The following items are included in the PERS Miscellaneous retirement contract:
• Credit for Unused Sick Leave — pursuant to CA Government Code Section 20965
• 3rd Level 1959 Survivor Benefit — pursuant to CA Government Code Section 21573
• Military Service Credit — pursuant to CA Government Code Section 21024
• Death Benefit — pursuant to CA Government Code Section 21620
Section E. Shift Differential:
Effective with the ratification of this agreement; shift differential shall be paid as follows:
1. Shift differential shall be paid only for those shifts which have a majority of their regular
hours occurring between 3 PM. and 7 AM.
2. If the majority of hours occur between 3 PM and 11 PM, the City shall pay an hourly
premium of two and one half (2.5 %) percent.
3. If the majority of hours occur between 11 PM and 7 AM, the City shall pay an hourly
premium of five (5 %) percent.
4. Employees shall receive overtime compensation for overtime hours worked, not
including shift differential. However, shift differential pay shall be included in the pay
rate for employees regularly assigned to the swing or graveyard shift for purpose of
computing pay for overtime, sick leave, vacation, and other leave benefits.
Section F. Educational Incentive:
Effective July 1, 2001, participation in the employee educational programs shall be frozen.
Employees currently receiving benefits under this program will continue to receive them under
current program rules. Additional amounts shall not be earnable under this program nor shall
employees be allowed to enter the program after July 1, 2001. Refer to Exhibit C for program
information and a list of employees grand parented in under this program.
Section G. Tuition Reimbursement
Effective July 1, 2001, AFSCME members attending accredited community colleges, colleges,
trade schools or universities may apply for reimbursement of one hundred percent (100 %) of the
actual cost of tuition, books, fees or other student expenses for pre- approved job— related and
career development courses. In addition, employees attending city- approved, job related
continuing education courses, certification programs, or training conferences may also receive
tuition reimbursement for the cost of registration, tuition, books, testing, and/or certifications
(including certification renewals). Course work shall be completed on the employee's own time
at the employee's own expense. Upon successful completion of the pre- approved class or
training program, the employee shall provide all written documentation on allowable costs and
completion /grade /certification/score, etc. to their department head and human resources for
review and processing. The maximum tuition reimbursement for employees is $1,000.00 per
fiscal year. Reimbursement is contingent upon the successful completion of the course.
Successful completion means a grade of "B" or better for undergraduate and graduate courses,
full attendance and completion of the training program, and a passing score for non - graded
programs that involve certification or testing. All claims for tuition reimbursement require the
pre - approval of the employee's department head and the Human Resources Director. Tuition
Reimbursement Request Forms are available in the Human Resources Department.
VA
Section H. Overtime:
1. Overtime shall be defined as time worked in excess of forty (40) hours per week. All
paid time shall be considered hours worked for overtime calculation purposes. Overtime
shall be paid at the rate of time and one half (1.5) in either pay or compensatory time.
2. In addition, overtime shall be paid for all hours worked in excess of the number of hours in
an employee's regular workday. However, an employee and his or her supervisor may
agree to "flex" his or her schedule. In this case, an employee may work additional hours
on one day and fewer than normal hours on one or more additional days. Any flex time
shall be taken in the same workweek as the additional hours. Flex time shall not create a
split shift. The employee shall not earn overtime unless the employee's total hours
worked exceed forty (40) in that workweek.
In the absence of an employee's agreement to flex time, a supervisor may require the
employee to flex his or her schedule to accommodate the City's legitimate operational
needs.
3. Each employee shall have the monthly option of accumulating compensatory time off or
being paid monthly for overtime accrued during the immediately preceding month.
However, employees may not accrue more than eighty (80) hours of C.T.O. The
Department Heads shall retain the authority of reasonably determining within the best
interests of the operation of their respective departments, when accrued C.T.O. may be
used by each employee.
Section I. Stand -by r.
Stand -by duty shall be rotated among employees on a seven (7) day basis. Employees on seven
(7) day stand -by shall receive ten (10) hours pay at straight time. If a holiday falls within the
seven (7) day stand -by period, the employee shall receive eight (8) hours pay at straight time for
the holiday.
Section T. Call Back Pay.
Call back shall be paid at a minimum of three hours at time and one half for an employee not on
stand -by duty. Employees on stand -by duty will be compensated at a minimum of 2 hours at
time and one -half. Employees called back to work shall receive a minimum of three (3) hours
compensation (two hours for those on stand -by), calculated at time one one -half (1.5) with time
and one -half (1.5) pay for all additional time worked above three (3) hours (two hours for those
on stand -by). Employees called back during a holiday will be compensated on the above
schedule, but at a double time rate. Call back is defined as any time at work that does not
continue into or continue after regular duty time. In interpreting this section:
1. This provision shall not apply to prescheduled overtime (such as scheduled staff
meetings) except that;
a. Members of the Communications and Records Units shall be allowed call back
pay when called back for scheduled staff meetings, however
b. Any scheduled event /meeting occurring within thirty (30) minutes of the start or
end of an employees shift will be assumed to be a continuation of regular duty
time.
2. Any unscheduled event occurring after the employee has physically left work will be
considered callback unless the Department has held the employee over.
3. The City has the option of holding over employees in lieu of call back for any length of
time upon notification to the employee prior to the event /meeting.
4. If an employee is called back and any of the 3 hour minimum (two hour minimum if the
employee is on stand -by) overlaps into the start of the start of their regular shift, then the
employee is paid OT for the exact amount of time actually worked prior to the start of
their regular shift.
Section K. Work Out of Classification Pay:
Any employee assigned to perform the duties of a higher classification for more than ten
(10) working days in a fiscal year, shall be paid for each successive hour at the rate
assigned to the higher classification which represents the lowest step in the higher
classification representing a minimum of five (5 %) percent increase over the regular pay.
2. In order to be eligible for pay for out -of -class work, an employee must be assigned by his
supervisor and approved by his Department Head to perform such work.
Section L. Holiday Pay:
1. Any employee, other than employees in the classifications of Police Records Technician,
and Public Safety Communicator required to work on any holiday shall receive their
regular salary, plus compensation of one and one -half (1.5) times the regular rate.
Employees shall have the option of accepting salary or compensation time for such
service.
2. Employees in the classifications of Police Records Technician and Public Safety
Communicator assigned to work holidays shall receive holiday pay at the rate of 6% of
the employee's base monthly salary.
3. Employees in the job classification of Community Services Officer shall typically not be
assigned to work on City- recognized holidays. If a City observed holiday falls on the
regular day off for an employee in the job classification of Community Services Officer,
then that employee shall arrange with their supervisor to take an alternate day off during
the same pay period in which the observed holiday occurred. If, for operational reasons,
it is necessary to assign personnel in the job classification of Community Services Officer
to work on a holiday observed by the City, then:
a. the employee shall receive eight (8) hours of straight time pay for the holiday; and
b. the employee shall received time and one half (1.5) for any hours actually worked on
the holiday.
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Section M. License Pay:
The CITY shall pay twenty ($20) dollars per month to those Public Works, Operations Division
employees who have obtained Pesticide Applicator, Pesticide Advisor, fresh water (Grade I
Water Treatment), and backflow testing certificates. Up to three employees assigned in the
Parks & Landscape Section may receive $20 per month for maintaining a current Playground
Inspection Certification. Employees in Public Works Operations and Fleet who are required to
obtain and maintain a current CA Class A driver's license shall be paid $20.00 per month.
Effective July 1, 2001 the City shall pay the following monthly amounts to individuals holding
the following certifications:
State of California Water Distribution Operator and CWEA Collection System
Maintenance Certifications:
Grade I
$20.00
Grade II
$75.00
Grade III
$125.00
Grade IV
$150.00
It is the responsibility of the employee to obtain and maintain certifications for which they wish
to receive, and wish to continue to receive, certification pay. It is the responsibility of the
employee to provide their supervisor AND the human resources department a current written
certification documenting valid certifications. It is the responsibility of the employee to monitor
expiration dates of certifications as certification pay will terminate if updated valid certification
documentation is not provided prior to the expiration of the certification. If certification pay is
terminated due to an expired certification, the employee can reapply at a later time to receive the
certification pay. Certification pay will begin the first of the month following human resources
receipt of valid, documented certification.
Section N. Bi- lingual Pay:
Employees in the classification/job series of Police Records Technician, Public Safety
Communicator, Community Services Officer, and other law enforcement Technician positions
who demonstrate the ability to communicate (as a result of a verbal skills test) effectively in both
Spanish and English shall receive an additional five (5 %) percent of their respective base
salaries.
Other unit employees are eligible for five (5 %) percent bi- lingual pay as follows:
The City shall determine which employees are needed to serve as translators and possess
necessary competency in Spanish (via a verbal skills test). The City shall use the following
criteria in determining whether or not it is necessary for an employee to serve as a translator:
1. Very frequent public contact in person and over the phone.
2. The City uses the employee as a translator on a daily basis.
3. The employee works in a department with numerous translations with Spanish speaking
citizens.
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Examples of employee who will qualify for bi- lingual /translator status include those
encountering the public at the counters in the finance, recreation and community development
departments.
All Unit employees receiving bi- lingual pay shall be required to recertify (test) every two years
to demonstrate continued competency. This test shall be a verbal skills test.
ARTICLE VI. INSURANCE PROGRAMS
Section A. Medical Insurance:
1. City Contributions
A. Effective January 1, 2014, the City contribution shall be:
Employee Only $635.80
Employee + 1 $1,258.31
Employee + 2 or more $1,679.02
The above contribution amounts include any mandatory PERS PEMHCA contribution
and the mandatory Dental Contribution.
B. Effective January 1, 2015, the City contribution shall be:
Employee Only $667.59
Employee + 1 $1,321.23
Employee + 2 or more $1,762.97
The above contribution amounts include any mandatory PERS PEMHCA contribution
and the mandatory Dental Contribution.
2. The contribution amount that the employee qualifies to receive is based upon the number of
individuals that the employee enrolls in a medical plan.
3. The employee may purchase other insurance benefits with any remaining contribution
amount or through payroll deduction. Some of these benefits may be eligible for a pre -tax
deduction. If there is a surplus, the employee will receive a cash payment for 100% of the
surplus contribution (this is taxable income). The employee may not waive dental insurance
under this provision. The employee must enroll himself or herself, along with qualifying
dependents, in the Dental plan.
4. The employee may waive medical coverage under this program and enroll in dental
insurance provided they show proof of other medical insurance coverage. If the employee
waives medical insurance then the employee is eligible to receive the employee only
contribution in cash less the medical contribution required by CalPERS and less the dental
premium. Any cash payments received under this program are taxable.
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5. The parties share an interest in addressing the increase in the cost of PEMHCA benefits. To
that end, the parties agree that the City may contract with different health benefit providers,
consortia, or groups to provide health coverage that is equivalent to that provided under
PEMHCA.
If either the benefits provided or the rate structure in place between active and retired
employees is not equivalent to that provided under PEMHCA, then the City shall meet and
confer with AFSCME prior to contracting with the alternate provider, consortia or group.
Section B. Life Insurance:
The CITY shall maintain in effect twenty thousand ($20,000) dollars life insurance policy for
unit members.
Section C. Long Term Disability Insurance:
For the term of this Agreement the CITY shall maintain in effect the Long Term Disability
Program providing for a ninety (90) day elimination period and payment of sixty (60 %) percent
of salary to a maximum of five thousand ($5,000) per month. Employees shall have the option
of using accrued paid time to supplement LTD to bring gross wages to 100 %.
ARTICLE VII. LEAVES
Section A.
Leaves shall be as provided for in Section VI, Leaves of Absence, Vacation and Sick Leave, of
the Human Resources Rules and Regulations. Vacation and Sick Leave accumulation shall be as
follows:
1. Every full -time employee who shall have been in the service of the CITY for one (1) year
shall annually be allowed vacation leave of ten (10) 8 -hour days accumulated at the rate
of zero point eight three (0.83) days per month. After five (5) years, vacation leave shall
commence accumulating at the rate of one point two five (1.25) days per month, fifteen
(15) working days per year. After fifteen (15) years, vacation leave shall accumulate at
the rate of one point six seven (1.67) days per month, twenty (20) working days per year.
Employees will be allowed to maintain a vacation leave balance not to exceed two years'
vacation leave. Employees will only be allowed to exceed the two year accrual cap with
written approval from the City Administrator. New employees will be allowed to take
earned vacation in the first year subject to the normal approval process.
2. Employees shall accrue sick leave at the rate of one (1) 8 -hour day per month. Sick leave
may be used as it accrues. Employees shall accrue sick leave while on paid vacation. A
physician's verification of illness may be required.
12
A. Family Sick Leave
Employees may use sick leave for any leave covered by the Family and Medical
Leave Act or the California Family Rights Act, including covered absences to
care for a family member. For absences not covered by the Family and Medical
Leave Act or the California Family Rights Act, employees shall be allowed up to
six months' accrual of sick leave (six days or 50% of the annual accrual) to attend
to an illness of a child, parent, spouse, or domestic partner of the employee in
accordance with the California Labor Code Section 233 regarding kin care.
B. Sick Leave for Job - Connected Injuries
Employees shall discuss the timing of pre - planned absences with their supervisor.
Whenever possible, employees shall schedule partial day absences to minimize
disruption in the workplace. This includes, but is not limited to scheduling
appointments after hours, during lunch, or as close to the beginning or end of the
workday as possible.
Section B. Personal Leave:
The City shall observe Lincoln's Birthday and Admissions Day as floating holidays. Public
Safety Communicators, Police Records Technicians and any unit member receiving hourly
holiday pay, shall receive sixteen (16) hours of personal leave. All other unit members shall
receive sixteen (16) hours of personal leave plus the conversion of two (2) floating holidays to
sixteen (16) hours of personal leave for a total of thirty -two (32) hours of personal leave. In
addition to the above, effective July 1, 2007, employees shall be provided with an additional four
(4) hours of personal leave in recognition of the mandatory Christmas Eve closure. Personal
leave hours are not a vested benefit and do not carry over from one fiscal year to the next.
Employees hired or terminating during the year shall receive prorated personal leave credit.
Section C. Bereavement Leave:
Employees make take up to three (3) days of Bereavement Leave within the state and five (5)
days of paid Bereavement Leave outside of California for the death of immediate family
members, per occurrence. Immediate family members are defined as: Grandmother,
Grandfather, Mother, Father, Step- Mother, Step- Father, Mother -in -Law, Father -in -Law, Brother,
Sister, Step- Brother, Step- Sister, Husband, Wife, Domestic Partner, Natural Born Child,
Adopted Child, and /or Step - Child.
For family members not covered in immediate family and people who have a significant
relationship with the employee, an unpaid leave of absence can be taken with the approval of the
City Administrator. The City Administrator's decision is final and not subject to appeal.
This section supersedes the language concerning Bereavement Leave in the HR Rules and
Regulations.
13
Section D. Holidays:
The legal holidays observed by the City shall include:
New Year's Day,
Martin Luther King Day,
Washington's Birthday
Memorial Day,
Independence Day,
Labor Day,
Veteran's Day,
Thanksgiving Day,
The day following Thanksgiving, and
Christmas Day.
When a regular holiday falls on Sunday, the following Monday shall be granted as a day off; and
when a regular holiday falls on Saturday, the preceding Friday shall be granted as a day off.
Additional holidays to those provided in the Human Resources Rules and Regulations may be
granted if declared by the Gilroy City Council.
Section E. Christmas Eve Mandatory Closure
City offices and all non - essential operations shall be closed on the workday immediately
preceding the Christmas Day Holiday. However, this is not a holiday and employees will be
required to use either paid or unpaid leave to cover their absence on this day. Employees shall
designate, at least two weeks prior to the mandatory closure, what leave time the employee will
use to cover this day by completing the normal time off request form.
Employees called back to work on the mandatory closure day shall receive call back pay per
Article V, Section J contained in this MOU. Employees assigned to stand by duty shall receive
stand by pay per Article V, Section I contained in this MOU.
Department Heads retain the discretion to determine if there are department staffing needs for the
mandatory closure and shall announce this to the affected employees by no later than the last
working day in November. Ideally, staffing will be achieved by employees who request to work
on this day and then based on seniority. The schedule shall be posted as soon as possible
following the end of November announcement and by no later than the end of the first full week
in December. Employees who work on the mandatory closure day shall log their time as regular
hours worked at straight time. Schedule flexing shall not be permitted on this day.
All City Hall employees shall participate in the mandatory closure as the City Hall building will
be closed on this date.
This mandatory closure does not apply to Police Department Records and Communication Unit
employees.
14
Community Services Officers normally scheduled to work on this day shall follow their normal
work schedule and may request time off per the normal time off procedures.
All other Police Department administrative support staff shall participate in the mandatory
closure.
ARTICLE VIII. MISCELLANEOUS
Section A. Uniforms:
Unit members in the Police Department shall receive five hundred ($500) dollars annually,
payable to the classifications of Police Records Technicians I & II, Property & Evidence
Technician, Community Services Officer, and Public Safety Communicator. Unit members in the
Deputy Fire Marshal classification shall receive a uniform allowance of six hundred ($600)
dollars annually. Annual uniform allowance shall be paid between July 1" and July 15' of each
year. Newly hired employees in these classifications shall receive an initial uniform allowance of
two hundred and fifty ($250) dollars.
All employees who in the normal course of their duties, lift or carry heavy objects or who work
in or around moving machinery, as determined by the department head, may be supplied one pair
of safety shoes per year, of a quality equal to the Red Wing or Sears Safety Shoe. The employee
is required to wear the shoes at all times when applicable duties are performed.
Community Services field employees and Facilities employees shall be supplied, by the City,
with five shirts and patches, five pants, and three work hats per year. These shall be of a quality
similar to a Ben Davis brand. Substitutions and modifications may be made by the Uniform
Committee made up of Community Services field employees. Facilities employees that are
currently (as of July 1, 2005) utilizing the laundry rental service method noted below for Fleet
employees may continue to do so.
Fleet employees shall be provided, by the City through a laundry rental service, five shirts and
three pants per week.
Section B. Safe Work Place Commitment:
The CITY shall furnish employment and a place of employment which is safe and healthful for
the worker therein and shall conform to and comply with all health, safety, and sanitation
requirements imposed by State or Federal law or regulations adopted under State or Federal law.
Section C. Safety Committee:
The UNION shall be entitled to appoint two members to the CITY's Safety Committee.
15
Section D. Tool Allowance:
The CITY agrees to provide all workers with the tools and equipment necessary to perform their
jobs, and shall maintain same in a safe and healthful condition. This shall not apply to the
Equipment Mechanic classes. (See Exhibit B, Mechanic's Tool Policy).
An annual "tool allowance" shall be distributed in July to reimburse the affected employee for
wear, adjustment, and other consumable expenses to be used at the discretion of the individual
employee. The tool allowance schedule is as follows:
Equipment Mechanic $600.00 annually
Assistant Mechanic $600.00 annually
Section E. Contracting Out:
(1) Except for temporary contracts(less than one year) or contracts to fill an immediate need
(such as a vacant full -time position), the CITY will notify the UNION if it intends to
contract out the functions currently performed by employees within the unit. Upon
request, at the initiation of the contract and whenever the contract is up for renewal, the
CITY will meet with the UNION(including employees with knowledge of the work to be
contracted) to explain the reason for the decision to contract out and to solicit UNION
views on the proposal, including possibilities for cost savings. Nothing in this section
shall be construed to limit the rights of the City Council to contract out work in its sole
discretion. Nor shall any meeting under this section meetings delay the City Council's
adoption of any contract.
(2) Nothing in this section shall be construed to limit the rights of the City Council, in its
sole discretion, to enter into temporary contracts (less than one year) or contracts to fill
an immediate need (such as a vacant full -time position). Such contracts shall not be
subject to the provisions of Paragraph (1), above.
(3) This section shall not apply to part-time hiring or to temporary or provisional
appointments, which shall continue to occur at the City's sole discretion.
Section F. Union Leave
1. UNION Officers (maximum of 5) shall be allowed to utilize a cumulative total of one
hundred and twenty (120) hours per fiscal year of release time for UNION business and
attendance of UNION related functions including, but not limited to meetings, seminars,
and schools. Release time shall be granted subject to minimum staffing requirements of
the Department and is subject to Department Head and/or City Administrator approval.
UNION officers shall be provided with a reasonable amount of release time to meet with
CITY management personnel on:
16
a) Grievances.
b) Issues raised by City Management involving CITY/UNION business.
c) Other mutually acceptable reasons.
2. Designated employee representatives shall be provided with release time to participate in
formal meet and confer sessions with the CITY. When the meeting is a formal meet and
confer session regarding the negotiation of an MOU, such release time shall not be
charged to the one hundred and twenty (120) hours time bank described in paragraph 1
above.
3. UNION Representatives who are scheduled to work between the hours of 5:00 pm and
7:40 am shall be released from duty at least 8 hours prior to any scheduled meetings with
the City/Department representatives concerning matters within the scope of
representation.
Section G. City-Paid Meal:
Employees shall be provided a meal at CITY expense if they are required to work more than two
hours over their normal work shift in a single working day. Subject work must also conform to
the overtime approval requirement. If the City does not provide a meal, employees shall be
reimbursed $10 for the cost of a meal. No receipt will be required. Overtime meal
reimbursements shall be documented on the employee's time sheet/time report and shall be paid
with the following payroll as a taxable reimbursement consistent with IRS Regulations (see IRS
regulation 15 -B, 2013).
Section H. Employee Commitment:
In consideration of the fair and reasonable provisions of this Memorandum of Understanding,
employees represented by the Gilroy Employee's Association, through their elected
representatives, do hereby make the following pledges to the City of Gilroy:
1. Employee shall make every effort to minimize CITY costs on an on -going basis by
encouraging optimum amount of work production from each of its members.
2. Employees shall cooperate in every reasonable way to properly maintain and protect
CITY property, equipment, and facilities.
3. Employees shall adhere to all Human Resources Rules and Regulations. Specific
attention shall be given to those regulations dealing with sick leave, time off, coffee
breaks and punctuality. Every effort shall be made to maintain a good public image for
each and all CITY employees. This is to be accomplished by maintaining good work
habits and keeping busy at productive work during regular working hours.
4. Employees shall use and follow safe working procedures in their day -to -day work
routines. Each employee shall point out to his/her fellow workers any observed unsafe
17
condition or work procedure. Any observed unsafe condition or situation shall be
immediately reported by employees to their supervisor. The intent here is to protect
fellow workers from any unnecessary injury and the CITY from any potential liability.
5. Employees shall make a special and continuing effort to maintain good and constructive
relations with the general public, fellow employees, and CITY officials. Every effort will
be made to be considerate and understanding of the other person's point of view,
misunderstanding or problem.
6. The Gilroy Employee's Association shall assume a leadership role in carrying out the
above pledges.
Section I. Probationary Period:
With the exception of classifications of Public Safety Communicator and Senior Public Safety
Communicator, newly hired employees will serve a twelve (12) month probationary period. The
classifications of Public Safety Communicator and Senior Public Safety Communicator shall
serve an eighteen (18) month probationary period. The probationary period for promotions of
permanent employees shall be six (6) months.
Section T. Residency Requirements:
Employees in the Water and Streets/Waste Water/Tree Sections required to participate in on-
call /stand -by work shall be subject to the following requirements:
1. Employees hired on or after July 1, 1989 shall be required to live, within one (1) year
from date of hire, within sixty (60) minutes normal driving time from City Hall. Normal
driving time shall be defined as driving the most direct route at the posted speed limit.
2. Employees hired prior to July 1, 1989 living within the sixty (60) minute limit shall be
subject to this rule. Current employees living outside the sixty (60) minute limit shall not
move outside their present driving radius, but may move within it.
Section K. Eyeslass Replacement:
Once per year (per employee), the CITY shall repair or replace eyeglasses damaged due to the
employee's work provided that:
1. The damage was not due to negligence on the employee's part; and
2. The damage was not due to a defect(s) or wear on the glasses.
City -paid repair or replacement shall be limited to a maximum of one - hundred and fifty dollars
($150) per incident, per year.
Section L. Layoff Policy:
The CITY and UNION have agreed to a layoff policy as contained in the Human Resources
Rules and Regulations.
Section M. Employee Assistance Program:
The Employee Assistance Program shall provide for at least ten (10) visits per year.
Section N. Grievance and Disciplinary Action:
Bargaining unit members must utilize the Grievance Procedure contained in this article rather
than the Human resources Rules and Regulations for any grievances involving the interpretation,
application or alleged violation of this memorandum of understanding. However, any appeal of
disciplinary action shall be made pursuant to Section V of the Human Resources Rules and
Regulations and not pursuant to this grievance procedure.
Grievance Procedure:
An employee shall have the right to present a grievance pursuant to this procedure. The
employee may be represented by the Association or an individual of the employee's choice at the
formal steps of this grievance procedure (excluding Step 1). If the representative is a fellow
employee, that employee will receive time off from his or her work assignment for the time of
the grievance meeting or hearing plus reasonable travel time. Forty -eight hours prior to the
grievance meeting, the employee shall inform the Human Resources Department whether he or
she will be represented at the grievance meeting and identify the representative. Grievances are
defined as an alleged violation, misinterpretation or misapplication of this Memorandum of
Understanding.
The procedure is not to be used for the following purposes:
1. Resolving complaints, requests or changes in wages, hours and working conditions.
2. To challenge the content of employee evaluations or performance reviews.
3. To challenge a reclassification, layoff, transfer, denial of reinstatement, or denial of a
step or merit increase.
a. EXCEPTION: Pursuant to the Miscellaneous and Supervisory Units MOU's,
employees in these units may appeal the denial of a merit step increases to the
City Administrator.
4. In cases of oral reprimand, written reprimand, reduction in pay, demotion,
suspensions, or termination.
5. To challenge violation of law or past practice.
6. To challenge examinations or appointment to positions.
Grievances shall be in writing, dated and signed by the employee and presented to his/her
supervisor. Grievances must be submitted within ten (10) calendar days of the
occurrence, or the employee's knowledge of the occurrence, which gives rise to the
grievance. All grievances must clearly state the section of the Memorandum of
19
Understanding that the employee alleges was violated, misinterpreted or misapplied; the
specific act or omission which gave rise to this alleged violation, misinterpretation or
misapplication; the date or dates on which the violation, misinterpretation or
misapplication occurred; what documents, witnesses or other evidence support the
employee's position; and the remedy requested.
Stepl. Initially, all employee grievances should be directed to the immediate supervisor
for solution.
Step 2. In the event the immediate supervisor meeting does not resolve the grievance
within ten (10) calendar days, the supervisor, at the employee's request, shall
present the matter to the next level of supervision within the department
concerned. That supervisor and any higher level supervisor(s) in the department's
normal chain of command shall attempt to resolve the grievance. Each level of
supervisor shall respond in writing to the grievant within ten (10) calendar days of
receipt of the grievance. If the grievance is not resolved at a level below
Department Head, the supervisor immediately subordinate to the Department
Head, at the employee's request, shall present the matter to the Department Head.
This presentation shall be made in the presence of the employee. The employee
shall be allowed adequate time to present his/her side of the matter.
Step 3. In the event the grievance is not adequately resolved within ten (10) calendar days
at the Department Head level, the employee may submit the grievance to the City
Administrator which submission shall, include the responses received from the
supervisors and the Department Head.
Step 4. If the grievance is not resolved within ten (10) calendar days at the City
Administrator level, the employee or the City Administrator shall notify the
Human Resources Director who shall gather the written facts and present them to
the Personnel Commission at its next regular meeting. The Personnel
Commission (in accordance with Section 907, of the City Charter) shall hear this
matter and report its findings within ten (10) calendar days, to the City Council
for review. The action of the City Council shall be final.
The hearing before the Personnel Commission may be conducted informally and
the rules of evidence need not apply. The hearing shall be conducted in an
orderly manner with a presentation of all material facts so that a fair and impartial
decision may be made. The Commission Chairperson shall have full authority at
all times to maintain orderly procedure and to restrict the hearing to facts relevant
to the complaint. In hearing the appeal, the Commission may require the
employee (appellant) to first present his/her grievance; followed by the immediate
supervisor for presentation of his/her attempts to resolve the grievance; followed
by the Department Head for presentation of his/her attempts to resolve the
grievance; followed by the City Administrator for presentation of his/her attempts
to resolve the grievance. All involved parties may be entitled to counsel if they so
desire. The appellant will bear the expense of his/her own counsel.
The Human Resources Department will provide a checklist to be used in order to ensure
that each grievance is dealt with in timely and proper manner. The checklist will be
20
initiated by a supervisor when he /she is first presented with a grievance, and will be
forwarded along with the grievance and all responses thereto to each succeeding step in
the process until a final resolution is obtained. Each succeeding level of authority in this
procedure shall refuse to hear the matter unless the preceding step of the procedure has
been observed.
Section O. Bulletin Boards:
The UNION may install at its own expense bulletin boards of reasonable size and construction as
approved by the CITY. Bulletin boards shall be placed in locations approved by the CITY; they
may be used for official Union bulletins, but may not be used to post inflammatory or
defamatory material. Pre - approval by the City may be required of any material proposed to be
posted by the Union.
Section P. Donation of Vested Time:
The CITY shall maintain in effect the donation of vested time program for the term of this
Agreement. This program is described in detail in the Human Resources Rules and Regulations.
For purposes of this agreement, employees may donate Vacation, Compensatory Time Off, and
Personal Leave Time under this program.
Section Q. Human Resources Files:
At any time during normal working hours, an employee may make an appointment to review
their Human Resources file. Employees will be allowed to see their Human Resources file in the
presence of a Human Resources representative. An employee's representative may review an
employee's personnel file in the presence of a Human resources representative upon presentation
of a written release from the employee.
Section R. Labor Management Committee
The City and Union may form a Labor Management Committee to address issues of importance
in labor management relations between the parties. Typically, two representatives shall be
appointed by each.
Mutually acceptable recommendations of the Committee may be implemented, after any required
meet and confer process.
Section S. Employee Performance Appraisal:
Additional Review
If comments are added to an Appraisal by any manager above the level of the
supervisor who signs the Appraisal, a copy of the Appraisal (including any additional
21
comments) shall be routed to the employee prior to the EPA being delivered to the
Human Resources Department.
2. Appeal
Unit employees shall be allowed to appeal any Employee Performance Appraisal with
an overall rating of less than satisfactory to the City Administrator. There shall be no
other form of appeal.
Section T. Equal Employment Opportunity:
The CITY and AFSCME are committed to providing equal employment opportunities for all
employees and applicants. Further, the CITY and AFSCME are committed to the elimination of
any barriers which restrict women, minorities and the disabled from receiving equal treatment in
any aspect of employment. The parties understand that the City may have a legal imperative to
act in a manner inconsistent with this agreement or the Human Resources Rules and Regulations.
For example, the City may have to accommodate a disabled employee by placing that employee
in a particular position without performing a recruitment.
Section U. Alternate Work Schedules:
The City departments may, in the department heads discretion, establish alternative work
schedules. If established:
1. Overtime shall be payable for hours worked in excess of the regular workday.
2. Time off shall be earned as if the employee was working a regular work schedule
(i.e. eight (8) hours for one (1) day). Time off shall be charged based on the
number of hours in the workday missed (i.e. an employee on a 4/10 schedule will
be charged ten (10) hours for each day missed on vacation, sick leave, etc.)
Employees on alternate work schedules of more than eight (8) hours taking a
holiday off shall be required to supplement their eight (8) hours of holiday pay in
order to receive payment for the full day.
Section V. DMV Pull Notice Program:
Employees who have the opportunity to operate motorized vehicles on city business are required
to be safe drivers and operate vehicles in a safe manner. Employees, who have the opportunity
to operate vehicles on city business, must possess and maintain a valid California driver's license
appropriate for the job and vehicle(s) to be operated. Employees who have the opportunity to
operate motorized vehicles while on duty must also either: (1) enroll in the City's department of
motor vehicles employer pull- notice program, or (2) provide the city with periodic updates of his
or her driving record.
22
1. If an employee enrolls in the DMV employer pull notice program, the employee must
fill out a City- specified enrollment form directing the DMV to provide the City with
periodic updates of the employee's driving record.
2. If an employee elects not to enroll in the DMV employer pull notice program, the
employee is responsible for providing the City with periodic updates of the
employee's driving record. These updates shall be provided annually during the
month of January and every time the employee receives a citation or other entry on
his or her driving record which impacts his or her ability to operate a motor vehicle
while on duty, including but not limited to the revocation or temporary suspension of
the employee's drivers' license.
Section U. Payroll Date and Direct Deposit:
Employees are paid monthly on the last working day of the month. All unit employees shall
enroll in direct deposit within sixty (60) days of employment. Current employees not enrolled in
direct deposit shall enroll in direct deposit by no later than August 31, 2013. Employee shall
maintain direct deposit. Employees needing an exception to direct deposit shall submit a request
stating the reasons for the exception in writing to the Human Resources Director for
consideration. The decision of the Human Resources Director shall be final.
ARTICLE IX. PEACEFUL PERFORMANCE
During the life of this Agreement, no work stoppages, strikes, slowdowns, or picketing shall be
caused or sanctioned by the UNION, and no lockouts shall be made by the City of Gilroy.
In the event that any employees covered by this Agreement, individually or collectively, violate
the provisions of this article and the UNION fails to exercise good faith in halting the work
interruption, the UNION and the employees involved shall be deemed in violation of this article
and the CITY shall be entitled to seek all remedies available to it under applicable law.
ARTICLE X. REINSTATEMENT
The City shall have the option of reinstating employees who resigned in good standing and to
reinstate accrued sick leave and seniority for salary step and leave accrual purposes.
ARTICLE XI. REOPENERS
Upon request by the City, the City and Union will reopen negotiations on revised Human
Resources Rules and Regulations to address any substantive changes to the Human Resources
Rules and Regulations.
23
ARTICLE XII. FULL UNDERSTANDING
This Memorandum of Understanding is the result of the parties' good faith meeting and
conferring pursuant to the MMBA and sets forth the full and entire understanding of the parties
regarding the matters set forth herein, and any other prior or existing understanding or
agreements by the parties, whether formal or informal, regarding any such matters are hereby
superseded or terminated in their entirety.
It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its rights
to negotiate, and agrees that the other party shall not be required to negotiate with respect to any
matter covered herein during the term of this Memorandum of Understanding. Nothing in this
paragraph shall preclude the parties from jointly agreeing to meet and confer on any issue(s)
within the scope of representation during the term of this agreement. Where this MOU conflicts
with the Human Resources Rules and Regulations, the terms of this MOU shall control.
ARTICLE XIII. SAVINGS PROVISION
If any provisions of this Memorandum of Understanding are held to be contrary to law by a court
of competent jurisdiction or invalidated by state or federal law, such provisions will not be
deemed valid and subsisting except to the extent permitted by law, but all other provisions will
continue in full force and effect. Should the State of California adopt legislation forbidding or
economically penalizing the CITY for granting any compensation increases called for in this
agreement, the compensation increase shall be suspended. The CITY and Association shall meet
and confer regarding any suspended compensation increases.
24
ARTICLE XIV. TERM
This Memorandum of Understanding represents the entire Agreement between the CITY and
UNION on subjects contained herein and shall become in full force and effect on July 1, 2013
unless otherwise noted, and shall continue in full force and effect until Midnight June 30, 2015.
The UNION shall provide the CITY with its proposals for the period beginning July 1, 2015 no
later than April 1, 2015. The parties agree to begin the meet and confer process by April 30,
2015.
FOR THE CITY OF GILROY
V4'�J�-
sti Abrams, C.D. Director
Thomas J. Haglund, City Administrator
FOR THE AFSCME, AFL, CIO, LOCAL
101 GILROY CHAPTE
John ucker, BusineVs Agent
dy C nter, Presiifent
Jeff C tro, Shop Steward
Jim Maestri, Bargaining Team Member
DATED: C I DATED:
25
AFSCME GENERAL UNIT
SALARY SCHEDULE
Effective July 1, 2013
(2% Increase)
Rev. 612013 Paoe 1 of 3
Job Class/
Job Classification Title
Salary Range
Step A
Step B
Step C
Step D
Step E
Engineer II
535
41
7,257.92
7,624.58
8,001.83
8,401.83
8,821.92
Deputy Fire Marshal
528
87,095.00
91,447.00
96,022.00
100,822.00
105,863.00
Chemical Control
518
Specialist III
Engineer I
534
39
6,583.17
6,912.25
7,257.92
7,620.58
8,001.83
Planner II
513
78,998.00
82,947.00
87,095.00
91,447.00
96,022.00
Chemical Control
529
Specialist R
Building Inspector 11
521
38
6,269.50
6,583.17
6,912.25
7,257.92
7,620.58
Senior Plan Review
525
75,234.00
78,998.00
82,947.00
87,095.00
91,447.00
Technician
Senior Public Safety
635
37.3
6,060.67
6,36358
6,681.67
7,016.08
7,366.67
Communicator
72,728.00
76,363.00
80,180.00
84,193.00
88,400.00
Accountant II
552
37
5,971.00
6,269.50
6,583.17
6,912.25
7,257.92
Building Inspector I
520
71,652.00
75,234.00
78,998.00
82,947.00
87,095.00
Code Enforcement
526
Officer
Public Safety
634
36.3
5,771.92
6,060.67
6,363.58
6,681.67
7,016.08
Communicator
1 69,263.00
72,728.00
76,363.00
80.180.00
84,193.00
Accountant 1
551
36
5,686.75
5,971.00
6,269.50
6,583.17
6,912.25
Engineering
532
68,241.00
71,652.00
75,234.00
78,998.00
82,947.00
Technician/Inspector III
Planner I
512
Chemical Control
517
Specialist I
Plan Review Technician
524
35
5,415.92
5,686.75
5,971.00
6,269.50
6,583.17
64,991.00
68,241.00
71,652.00
75,234.00
78,998.00
Public Safety
633
-
5,194.73
5,454.60
5,727.22
6,013.50
6,314.47
Communicator Trainee
62,337.00
65,455.00
68,727.00
72,162.00
75,774.00
(90% of PSC Salary)
Equipment Mechanic
508
33.2
4,961.42
5,209.67
5,470.00
5,743.58
6,030.75
59,537.00
62,516.00
65,640.00
68,923.00
72,369.00
Rev. 612013 Paoe 1 of 3
AFSCME GENERAL UNIT
SALARY SCHEDULE
Effective July 1, 2013
(2% Increase)
Rev. 6/2013 Page 2 of 3
Job Class/
Job Classification Title
Salary Range
Step A
Step B
Step C
Step D
Step E
Engineering
531
33
4,912.33
5,158.00
5,415.92
5,686.75
5,971.00
Technician/Inspector H
58,948.00
61,896.00
64,991.00
68,241.00
71,652.00
Information Technology
561
32.5
4,795.50
5,035.42
5,287.00
5,551.33
5,828.92
Technician 11
57,546.00
60,425.00
63,444.00
66,616.00
69,947.00
Permit Technician
523
Planning Technician
514
Facilities Maintenance
505
Specialist
HR Technician 11 *
612
HCD Technician 11
619
Secretary to the City
636
32.1
4,701.92
4,937.00
5,183.58
5,442.92
5,715.25
Administrator *
56,423.00
59,244.00
62,203.00
65,315.00
68,583.00
Purchasing Coordinator
550
32
4,678.58
4,912.33
5,158.00
5,415.92
5,686.75
Recreation Coordinator
546
56,143.00
58,948.00
61,896.00
64,991.00
68,241.00
Property & Evidence
570
31.5
4,567.08
4,795.50
5,035.42
5,287.00
5,551.33
Technician
54,805.00
57,546.00
60,425.00
63,444.00
66,616.00
Sr. Maintenance Worker -
543
Streets, Waste Water, Trees
Sr. Maintenance Worker -
542
Water
Sr. Maintenance Worker -
504
Parks & Landscape
Engineering
530
31
4,455.67
4,678.58
4,912.33
5,158.00
5,415.92
Technician/Inspector I
53,468.00
56,143.00
58,948.00
61,896.00
64,991.00
Information Technology
560
Technician I
Human Resources
614
Technician I *
Environmental Programs
545
Assistant
Accounting Technician
553
HCD Technician I
618
Senior Accounting
606
30.8
4,413.17
4,63332
4,865.83
5,108.83
5,364.17
Assistant
52,958.00
55,607.00
58,390.00
61,306.00
64,370.00
Senior Custodian
400
30.5
4,349.33
4,567.08
4,795.50
5,035.42
5,287.00
kSenior Police Records
610
52,192.00
54,805.00
57,546.00
60,425.00
63,444.00
Technician
Rev. 6/2013 Page 2 of 3
AFSCME GENERAL UNIT
SALARY SCHEDULE
Effective July 1, 2013
(2% Increase)
* Confidential Unrepresented
Classifications
Rev. 6/2013 Page 3 of 3
Job Class/
Job Classification Title
Salary Range
Step A
Step B
Step C
Step D
Step E
Maintenance Worker II
541
29.5
4,142.58
4,349.33
4,567.08
4,795.50
5,035.42
49,711.00
52,192.00
54,805.00
57,546.00
60,425.00
Secretary
611
29.4
4,122.33
4,328.25
4,544.83
4,771.92
5,010.67
49,468.00
51,939.00
54,538.00
57,263.00
60,128.00
Accounting Assistant II
605
29.3
4,102.08
4,307.08
4,522.50
4,748.83
4,986.08
Community Services
632
49,225.00
51,685.00
54,270.00
56,986.00
59,833.00
Officer
Accounting Assistant I
604
28.4
3,925.92
4,122.33
4,328.25
4,544.92
4,771.92
Police Records Technician
609
47,111.00
49,468.00
51,939.00
54,539.00
57,263.00
II
Assistant Mechanic
507
28
3,848.83
4,041.42
4,243.67
4,455.67
4,678.58
46,186.00
48,497.00
50,924.00
53,468.00
56,143.00
Custodian
506
27.5
3,757.50
3,945.08
4,142.58
4,349.33
4,567.08
Maintenance Worker 1
540
45,090.00
47,341.00
49,711.00
52,192.00
54,805.00
Human Resources
603
27.4
3,739.17
3,925.92
4,122.33
4,328.25
4,544.83
Assistant II *
44,870.00
47,111.00
49,468.00
51,939.00
54,538.00
Office Assistant II
601
Police Records Technician I
608
Human Resources
602
25.4
3,391.50
3,560.92
3,739.17
3,925.92
4,122.33
Assistant I *
40,698.00
42,731.00
44,870.00
47,111.00
49,468.00
Office Assistant 1
600
Maintenance Worker
544
21.5
2,553.67
2,681.25
2,815.25
2,956.17
3,103.92
Assistant
30,644.00
32,175.00
33,783.00
35,474.00
37,247.00
* Confidential Unrepresented
Classifications
Rev. 6/2013 Page 3 of 3
AFSCME GENERAL UNIT
SALARY SCHEDULE
Effective July 1, 2014
(2% Increase)
612013 Page 1 of 3
Job Class/
Job Classification Title
Salary Range
Step A
Step B
Step C
Step D
Step E
Engineer H
535
41
7,403.08
7,773.00
8,161.83
8,569.83
8,998.33
Deputy Fire Marshal
528
88,837.00
93,276.00
97,942.00
102,838.00
107,980.00
Chemical Control
518
Specialist III
Engineer I
534
39
6,714.83
7,050.50
71403.08
7,773.00
8,161.83
Planner H
513
80,578.00
84,606.00
88,837.00
93,276.00
97,942.00
Chemical Control
529
Specialist H
Building Inspector H
521
38
6,394.92
6,714.83
7,050.50
7,403.08
7,773.00
Senior Plan Review
525
76,739.00
80,578.00
84,606.00
88,837.00
93,276.00
Technician
Senior Public Safety
635
37.3
6,181.92
6,490.83
6,815.33
7,156.42
7,514.00
Communicator
74,183.00
77,890.00
81,784.00
85,877.00
90,168.00
Accountant H
552
37
6,090.42
6,394.92
6,714.83
7,050.50
7,403.08
Building Inspector 1
520
73,085.00
76,739.00
80,578.00
84,606.00
88,837.00
Code Enforcement
526
Officer
Public Safety
634
36.3
5,887.33
6,181.92
6,490.83
6,815.33
7,156.42
Communicator
70,648.00
74,183.00
77,890.00
81,784.00
85,877.00
Accountant I
551
36
5,800.50
6,090.42
6,394.92
6,714.83
7,050.50
Engineering
532
69,606.00
73,085.00
76,739.00
80,578.00
84,606.00
Technician/Inspector III
Planner I
512
Chemical Control
517
Specialist I
Plan Review Technician
524
35
5,524.25
5,800.50
6,090.42
6,394.92
6,714.83
66,291.00
69,606.00
73,085.00
76,739.00
80,578.00
Public Safety
633
-
5,298.60
5,563.73
5,841.75
6,133.80
6,440.78
Communicator Trainee
63,583.00
66,765.00
70,101.00
73,606.00
77,289.00
(90% of PSC Salary)
Equipment Mechanic
508
33.2
5,060.67
5,313.83
5,579.42
5,858.42
6,151.33
60,728.00
63,766.00
66,953.00
70,301.00
73,816.00
612013 Page 1 of 3
AFSCME GENERAL UNIT
SALARY SCHEDULE
Effective July 1, 2014
(2% Increase)
6/2013 Page 2 of 3
Job Class/
Job Classification Title
Salary Range
Step A
Step S
Step C
Step D
Step E
Engineering
531
33
5,010.58
5,261.17
5,524.25
5,800.50
6,090.42
Technician/Inspector U
60,127.00
63,134.00
66,291.00
69,606.00
73,085.00
Information Technology
561
32.5
4,891.42
5,136.17
5,392.75
5,662.33
5,945.50
Technician U
58,697.00
61,634.00
64,713.00
67,948.00
71,346.00
Permit Technician
523
Planning Technician
514
Facilities Maintenance
505
Specialist
HR Technician H *
612
HCD Technician H
619
Secretary to the City
636
32.1
4,795.92
5,035.75
5,287.25
5,551.75
5,829.58
Administrator *
57,551.00
60,429.00
63,447.00
66,621.00
69,955.00
Purchasing Coordinator
550
32
4,772.17
5,010.58
5,261.17
5,524.25
5,800.50
Recreation Coordinator
546
57,266.00
60,127.00
63,134.00
66,291.00
69,606.00
Property & Evidence
570
31.5
4,658.42
4,891.42
5,136.17
5,392.75
5,662.33
Technician
55,901.00
58,697.00
61,634.00
64,713.00
67,948.00
Sr. Maintenance Worker -
543
Streets, Waste Water, Trees
Sr. Maintenance Worker -
542
Water
Sr. Maintenance Worker -
504
Parks & Landscape
Engineering
530
31
4,544.75
4,772.17
5,010.58
5,261.17
5,524.25
Technician/Inspector I
54,537.00
57,266.00
60,127.00
63,134.00
66,291.00
Information Technology
560
Technician I
Human Resources
614
Technician I *
Environmental Programs
545
Assistant
Accounting Technician
553
HCD Technician I
618
Senior Accounting
606
30.8
4,501.42
4,726.58
4,963.17
5,211.00
5,471.42
Assistant
54,017.00
56,719.00
59,558.00
62,532.00
65,657.00
Senior Custodian
400
30.5
4,436.33
4,658.42
4,891.42
5,136.17
5,392.75
Police Records
610
53,236.00
55,901.00
58,697.00
61,634.00
64,713.00
(Senior
Technician
6/2013 Page 2 of 3
AFSCME GENERAL UNIT
SALARY SCHEDULE
Effective July 1, 2014
(2% Increase)
* Confidential Unrepresented Classifications
612013 Page 3 of 3
Job Class/
Job Classification Title
Salary Range
Step A
Step B
Step C
Step D
Step E
Maintenance Worker 11
541
29.5
4,225.42
4,436.33
4,658.42
4,891.42
5,136.17
50,705.00
53,236.00
55,901.00
58,697.00
61,634.00
Secretary
611
29.4
4,204.75
4,414.83
4,635.75
4,867.33
5,110.92
50,457.00
52,978.00
55,629.00
58,408.00
61,331.00
Accounting Assistant H
605
29.3
4,184.17
4,393.25
4,612.92
4,843.83
5,085.83
Community Services
632
50,210.00
52,719.00
55,355.00
58,126.00
61,030.00
Officer
Accounting Assistant I
604
28.4
4,004.42
4,204.75
4,414.83
4,635.83
4,867.33
Police Records Technician
609
48,053.00
50,457.00
52,978.00
55,630.00
58,408.00
H
Assistant Mechanic
507
28
3,925.83
4,122.25
4,328.50
4,544.75
4,772.17
47,110.00
49,467.00
51,942.00
54,537.00
57,266.00
Custodian
506
27.5
3,832.67
4,024.00
4,225.42
4,436.33
4,658.42
Maintenance Worker I
540
45,992.00
48,288.00
50,705.00
53,236.00
55,901.00
Human. Resources
603
27.4
3,813.92
4,004.42
4,204.75
4,414.83
4,635.75
Assistant H *
45,767.00
48,053.00
50,457.00
52,978.00
55,629.00
Office Assistant H
601
Police Records Technician I
608
Human Resources
602
25.4
3,459.33
3,632.17
3,813.92
4,004.42
4,204.75
Assistant I *
41,512.00
43,586.00
45,767.00
48,053.00
50,457.00
Office Assistant I
600
Maintenance Worker
544
21.5
2,604.75
2,734.92
2,87158
3,015.25
3,166.00
Assistant
31,257.00
32,819.00
34,459.00
36,183.00
37,992.00
* Confidential Unrepresented Classifications
612013 Page 3 of 3
Exhibit B
MECHANIC'S TOOL POLICY
PUBLIC WORKS DEPARTMENT, EQUIPMENT MAINTENANCE
DIVISION
Within the Public Works Department,iEquipment Maintenance Division, the
following classifications are required to provide tools of the trade as condition and
requirement of employment:
Senior Equipment Mechanic
Equipment Mechanic
Assistant Mechanic
The Department determines minimum tool requirements based upon individual job
descriptions and the current fleet composition. Criteria used in determining
whether a specific tool should be supplied by the organization or be required of the
employee includes cost, frequency of use, and sequrement of the item and
generally follows the accepted standards of the industry. For all job descriptions
the minimum requirements generally consist of the following:
❑ Locking mobile storage cabinet.
❑ 1/2 ", 3/8" and 1/4" drive sockets, both American and metric sizes (less than
1" or 21mm) with related ratchets and extensions.
PAGE l
❑ Combination end wrenches both American and metric sizes (less than I" or
21mm).
❑ Set of basic Allen wrenches, or sockets. -
❑ Various screw drivers; Phillips, straight, and Torx tips.
❑
1/2 " drive torque wrench of either the "click" or "dial" type of sufficient
quality and accuracy.
❑ W cutters and crimping tool for small gauge wire.
❑ Various hammers, punches, and chisels.
❑ Electrical test light. Tire pressure gauge and valve stem tool.
❑ 10 foot tape measure. Spark plug gap tool.
❑ Oil filter wrench, battery terminal tools.
Other various tools required to perform job duties safely and efficiently.
In addition to the above listed items, the position of EQUIPMENT MECHANIC
AND SENIOR EQUIPMENT MECHANIC generally require the following
❑ Expanded set of sockets to include flex head and deep well type.
❑ Basic automotive brake tools, including various bleeder wrenches and spring
tools.
❑ Various distributor wrenches.
❑ Digital VOLT -OHM meter
PAGE 2
❑ . Measuring devices such as calipers and thicimess gauges.
❑ Various snap -ring retainer pliers.
❑ 1/2" and 3/8" drive air impact tools, 3/8" air ratchet. - —
❑ Various impact sockets.
❑ Flair nut or tubing wrenches.
Other various tools required to perform job duties safely and efficiently.
LOSS CONTROL:
A Department it shall maintain a master inventory list for each
affected employee. The list shall be updated at least annually by the respective
employee and signed by the supervisor. Employees shall retain receipts until items
have been added to the Departments file. All tools may be inspected by the
Department to assure that they are of sufficient quality and condition which will
provide safe, damage free usage. Tools which are deemed of poor condition,
quality, inappropriate, or an unnecessary risk to the City may be rejected from the
respective employee's inventory and require the employee to remove said item
from the workplace.
The employee shall be responsible for the safe operation and usage of his/her tools.
Moreover, the employee shall be responsible for the se' curement and protection
against loss or theft during his/her on duty hours. The City of Gilroy shall provide
PAGE 3
safe keeping for the employees tools during off duty hours, and provide loss
replacement in the event of theft, fire, or other destructive loss following guidelines
and stipulations: The employee shall provide a sufficient lockable secure tool box
in which all of the employees tools and supplies will be placed prior to leaving the
workplace. Storage additions to the primary tool box ( i.e. side cabinets, top boxes,
additional drawer sections, etc.) shall be bolted or otherwise affixed, which will in
effect create a "single secure" tool center, hereafter*Pffer:ei to ar a "t lbox"
Replacement from damage as a result of fire or natural disaster will be on an "Item
for Item ". basis with a zero deductible expense to the employee. Total theft or loss
(Whole Loss) of an employee's toolbox and contents shall be replaced on an "Item
for Item" basis with zero deductible to the employee. Theo or disappearance of an
individual item(s) shall not be reimbursed by the CITY unless such loss is the
result of and evident of a forceable entry (break-in) to an employee's locked
toolbox. All claims for replacement or reimbursement shall be processed by the
City's Risk Manager at the request of the employee and Department.
An annual "tool allowance" shall be distributed to reimburse the affected employee
for wear, adjustment, and other consumable expenses to be used at the discretion of
the individual employee. The tool allowance schedule will become effective, July
PAGE 4
12 1994 as follows:
Senior Equipment Mechanic
Equipment Mechanic
Assistant Mechanic
PAGE 5
$250 annually
$250 annually
$175 annually
EXHIBIT C
Exhibit for Educational Incentive Pay — General Unit
The following is the program wording for the former educational incentive pay program.
This is being retained as an exhibit to the MOU as some employees in this unit are grand
parented in under this program that is no longer available for new participation.
Educational Incentive Pay Program:
The employee educational incentive program, shall be as follows:
1. Employees who have completed thirty (30) college semester units in excess of the
education required for their job shall receive an additional one and one half
(1.5 %) percent of base pay. Employees who have completed sixty (60) college
semester units in excess of that required for their job shall receive an additional
one and one half (1.5 %) percent of base pay. The total increase possible under
the incentive program is three (3 %) percent of base pay. Effective with the
employees hired on or after July 1, 1991, educational incentive pay shall be paid
only for units earned after their hire by the CITY.
2. All college course units creditable under the above plan must be applicable
toward a degree and usable by the particular employee in their employed capacity
or for advancement within CITY classifications. All course units are subject to
approval by the City Administrator with recommendation from the employee's
Department Head. Any conflicts or disagreements regarding course approval
shall be submitted to the Personnel Commission for final determination.
3. Adult Education classes shall be included in the Educational Incentive Plan for
purposes of compensation. CITY reserves the right to approve classes as job -
related. To qualify:
a. The employee must furnish written verification that he /she has
successfully completed the course.
b. One (1) hour of classroom lecture will be deemed equivalent to one-
twelfth (1/12) of a quarter hour. One (1) hour shop, hands -on, project
group discussion or similar activity will be deemed equivalent to one
thirty-sixth (1/36) of one quarter hour. It is the responsibility of the
employee to provide written verification of the number of hour(s) of each
type of activity involved in the adult education course.
C. One quarter (1 /4) hour is equivalent to two- thirds (2/3) of one semester
hour. The CITY's Education Incentive Plan is in terms of semester hours.
Therefore, quarter hours as determined in the formula in paragraph 2
EXHIBIT C
above will be multiplied by 2/3 (two thirds) to arrive at semester hours for
salary credit.
List of Employees Grand Parented in Under this Program:
Employee Name % of Education Incentive
➢ Hall, Joe — Accountant II 1.5%
➢ Hernandez, Theresa, Office Assistant II 1.5%
➢ Munoz, Rachel, Community Services Officer 1.5%
➢ Thome, Jerry — Building Inspector II 1.5%