CITY OF ALAMEDA
ALAMEDA MUNICIPAL POWER
UNREPRESENTED MANAGEMENT EMPLOYEE
COMPENSATION PLAN
July 1, 2022 – June 30, 2025
2 CITY OF ALAMEDA
ALAMEDA MUNICIPAL POWER UNREPRESENTED MANAGEMENT EMPLOYEE
COMPENSATION PLAN
July 1, 2022 through June 30, 2025
Section 1. Classifications
The job titles of the positions covered by this Compensation Plan are:
Assistant General Manager – Administration
Assistant General Manager – Energy Resources Planning Assistant General Manager – Customer Resources
Assistant General Manager – Engineering and Operations Senior Human Resource Analyst – Alameda Municipal Power (AMP)
Section 2. No Discrimination
Consistent with State and Federal law, there shall be no discrimination or harassment of any kind based on any statutorily (federal, state, or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, medical condition ( ex. Cancer), marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate Union activities , against an employee or applicant for employment by the City or by anyone employed by the City. .
Section 3. Hours of Work
3.1 Work Day & Workweek
The standard workweek for the City shall be Sunday 12:01 AM to the following Sunday 12:00 AM which aligns with the City’s declared Fair Labor Standards Act (FLSA) work period.
Specific employee work schedules, hours and days of work may vary, however, all full-time employees shall be hired to work thirty-six (36) hours in a standard workweek.
Full-time employees may be hired or change their schedule to work forty (40) hours, Thirty- Eight (38) hours or Thirty-Seven and one half (37.5) hours in a standard workweek only with the approval of the Department Head and City Manager.
Employees working thirty-six (36) hours in a week shall work a fixed compressed schedule which allows the employee to complete their weekly scheduled hours in four consecutive days. This schedule can be changed only with the approval of the Department Head and City Manager.
Section 4. Salaries
4.1 Rates of Pay
The salary range for each classification shall be as set forth in Appendix A which is attached hereto and made a part thereof.
Effective the first full pay period following July 1, 2022, AMPU employees employed by the City shall receive a four and one half percent (4.5%) base salary increase.
3 Effective the first full pay period following July 1, 2023, AMPU employees employed by the City shall receive a three and one half percent (3.5%) base salary increase.
Effective the first full pay period following July 1, 2024, AMPU employees employed by the City shall receive a two and one half percent (2y.5%) base salary increase.
4.2 Starting Rate
Except as herein otherwise provided, the entrance salary for a new employee entering City service shall be the minimum salary for the class to which appointed. When circumstances warrant, the City Manager may approve an entrance salary which is more than the minimum salary. The City Manager's decision shall be final.
4.3 Step Increases
No increase in salary shall be automatic merely upon completion of a specified period of service. All increases shall be based on merit as established by the record of the employee's performance and shall require recommendation of the Department Head. If the City Manager at any time determines that it is in the City's interest, he may assign an employee to a higher rate within the salary range fixed for the classification. The City Manager s hall regulate the accelerated advancement through the salary range steps.
Subject to the provisions of this Section 4.3, an employee shall receive increases in salary according to the following plan:
Step 2 upon completion of twelve (12) months' service in Step 1 unless the City Manager disapproves.
Step 3 upon completion of twelve (12) months' service in Step 2 unless the City Manager disapproves.
Step 4 upon completion of twelve (12) months' service in Step 3 unless the City Manager disapproves.
Step 5 upon completion of twelve (12) months' service in Step 4 unless the City Manager disapproves.
Raises to the 2nd, 3rd, 4th, 5th steps shall be automatic unless an unsatisfactory service rating report is made by the appointing authority.
Upon completion of each twelve (12) months of service, an employee shall be assigned to the next progressive step within their respective classification until the top step or maximum salary is obtained.
4.4 Conversion Rate
Any yearly, monthly, biweekly per diem , or hourly rate of pay may be converted into any equivalent rate of pay or to any other time basis when, in the judgment of the City Manager, such a conversion is advisable. In determining equivalent amounts on different time basis, the Human Resources Di rector, subject to the approval of the City Manager, shall provide 4 tables or regulations for the calculation of payment for service of less than full time, and for use in converting salaries to hourly rates, as well as for calculating hourly rates.
All such conversions are to be applied in manners consistent with and authorized by State and Federal law including applicable salary test and other provisions of the FLSA.
Where part-time service is on an irregular basis, the pay for such service shall be calcu lated according to procedures established by the Human Resources Director, subject to the approval of the City Manager.
4.5 Part-time
Permanent part -time employees (those who have reduced from full -time Civil Service employment) will receive prorated benefits.
4.6 Deferred Compensation
Employees may participate in the City’s voluntary deferred compensation program (457 Plan).
For employees who have completed one year of service with the City, the City will match one dollar for every $0.50 that the employee contributes towards their 457 Plan account, up to an employee contribution of one half of one percent (0.5%) of the employee’s base wage. For example, if an employee contributes 0.5% or more of their salary towards their 457 Plan account, they will receive a 1.0% match from the City. For employee contributions, the City will make payroll deductions and transmit funds to the admi nistrator. The City makes no representation on the merit of the plan or any of the investment products or instruments, which may be offered by the plan. The individual participant is responsible for evaluating the investment options within the plan. The City currently contracts with the ICMA -RC, Nationwide and CalPERS (VOYA) to provide a 457 program.
4.7 COVID Recognition Pay
Beginning the month of July 2022, all AMPU members who were required to report to work on-site during the City’s COVID State of Em ergency, based on confirmation by their Department Director, and employed by the City as of July 1, 2022, shall receive a fixed $200 per month payment through June 2023 while still employed. This payment is in recognition of employees’ work maintaining City services and function throughout the City’s COVID State of Emergency. This is a one -time recurring pay and shall not be considered as part of an employees’ pensionable earnings and is not available for cash out at separation Department Directors will provide the list of employees in their department who were unable to work remotely to the Human Resources Director. This list will only include employees who were required to report in person prior to the City’s requirement that all employees report to work two days a week.
Section 5. Health and Welfare
The City will make available medical, dental and life insurance for eligible employees through a contribution to the Flexible Benefit Amount.
5.1 Flexible Benefits
5 The City will make the following contributions per month per eligible employee toward the Flexible Benefit Amount for health insurance. These amounts include the PEMHCA statutory minimum contribution as required by state law, regardless of the year or amount, if enrolled in PERS medical insurance.
If an employee elects no medical coverage through the City and can document they have alternative medical coverage, they will be eligible for cash back of $106.15 per pay period while waiving coverage.
Effective g January 1, 2022, the City shall contribute up to a maximum per month toward the Flexible Benefit Amount as follows*:
Employee only $952.11
Employee plus one $1,904.21
Employee plus family $2,475.48
Effective January 1, 2023, and every January 1st thereafter, during the term of this agreement, the City will increase the City Contribution to the medical premium to reflect 50% of the increase in cost from the previous year, of the CalPERS Kaiser plan in the area or region in which Alameda is assigned. The increase will be based on 50% of the increase to the Employee plus two or more dependents level of coverage. The 106.15 per pay period cash - in-lieu of coverage rate shall not change.
The City agrees to cover Vision Insurance premiums for employees who elect vision coverage through the City. However, the City’s maximum contribution towards the combined Medical and Vision Insurance premiums shall not exceed the maximum contributions set forth above.
The City does not make any representations with respect to the tax implications of this contribution.
*The amounts indicated above do not include Life Insurance or Dental Insurance premiums which are paid by the City separately. The amounts indicated above do include the PEMHCA statutory minimum contribution as required by state law, regardless of the year or amount, if enrolled in PERS medical insurance.
Following the expiration of this Compensation Plan, the amount of money allocated to the Flexible Benefit Amount for medical benefits shall remain the same, unless agreed to in a successor Compensation Plan.
5.2 Dental Insurance
The City will make the necessary contributions per month per eligible employee toward the Flexible Benefit Amount to provide the dental plan to the employee and eligible dependents.
This coverage will be mandatory for all employees. Any change in the premium shall cause a like change in the Flexible Benefit Amount. The dental program shall be at the $2600/$2500 plan per employee and eligible dependent for annual dental care and lifetime orthodontic care.
5.3 Life Insurance
The City shall provide each employee with a one hundred thousand dollars ($100,000) life insurance program. This coverage will be mandatory for all employees. Any increase in premium shall cause a like increase in the Flexible Benefit Amount. The City shal l provide 6 each employee with the opportunity to purchase, at their own cost, additional optional life insurance up to the maximum amount provided by and subject to the conditions of the carrier.
5.4 Medical Plan
The City shall contract with the Public Employees' Retirement System (PERS) for the purpose of providing medical insurance benefits for employees covered by this Compensation Plan, eligible retired employees and eligible survivors of retired employees.
5.5 Flexible Spending Account (FSA); IRC Section 125 Plans
The City agrees to provide a Flexible Spending Account (FSA), as allowed under Section 125 of the Internal Revenue Code, which will allow an employee to elect a specified amount of pre-tax contributions to be used for employment related expenses.
5.6 Employee Assistance Program
The City shall continue to provide for all employees an employee assistance program. The cost of such program shall continue to be paid by the City only during the term of this Compensation Plan.
5.7 Long Term Disability Insurance
The City will provide for all employees a paid for LTD insurance plan equal to benefits provided for in the current plan. If benefits are improved, such improvement shall be incorporated in the Long Term Disability Plan at no cost to all employees covered under this Compensation Plan.
Section 6. Retirement Plan
6.1 California Public Employees Retirement System (CalPERS) Classic Membership Employees hired with the City prior to January 1, 2013 or eligible for reciprocity in the CalPERS or public retirement system (as defined in the California Public Employees' Pension Reform Act of 2013 (PEPRA) and CalPERS guidance) and who are classified as classic members will be eligible for:
The Retirement Plan as constituted on October 1, 2001 between the City and Public Employees Retirement System. This plan shall be maintained at the current benefit level, for the duration of this Memorandum of Understanding:
1. Effective April 1, 1997, the individual employees did and shall continue to make their own normal employee contributions to CalPERS, in the amount of 7%, and they shall have the option to have those payments tax deferred under IRS Policy and Rule 414 (h) (2) unless the IRS or Franchise Tax Board indicates that such contributions are taxable income subject to withholding.
2. At the time of the City's withdrawal from the Federal Insurance Contribution Act (FICA) on January 1, 1983, each employee was entitled to the Public Employees Retirement System 1959 Survivors Benefit coverage. The City has amended its contract with CalPERS to provide for the option of 1959 Survivor Benefit third level coverage.
7 3. All employees were covered by the Public Employees Retirement System Survivors Continuance at the time of the City's withdrawal from the Federal Insurance Contribution Act (FICA).
4. The employees are covered by the 2% at Age 55 Retirement Formula. The City shall provide the CalPERS single highest year retirement benefit.
5. Cost Sharing: The City shall contract with CalPERS for Variable Rate Cost Sharing of up to the Permanent Cost Share of 1.868% under Government Code Section 20516(a), based on the optional benefits established in the Miscellaneous Plan of the City’s contract with CalPERS for the 2%@55 and One-Year Final Compensation Optional Benefits. In addition to the current 7% employee contribution, employees in the Miscellaneous Classifications covered by this Compensation Plan shall contribute an additional 1.868% of the employee’s PERSable earnings towards the employer retirement contribution. This 8.868% contribution shall be in accordance with Section 414(h)(2) of the Internal Revenue Code whereby employee contributions shall be tax deferred and not subject to taxation until the time of constructive receipt. .
6.2 CalPERS New Membership
For employees hired on or after January 1, 2013 and classified as “new” members of CalPERS as defined by Public Employees’ Pension Reform Act (PEPRA), the City shall maintain a contract with CalPERS for the provision of a 2% @ 62 (highest 36 months) retirement benefit formula. Also pursuant to PEPRA, these employees and the City are each responsible for paying one-half of the normal cost of this retirement plan.
6.3 CalPERS Retiree Medical
The City has contracted with the California Public Employees Retirement System (CalPERS) to provide medical insurance for eligible retired employees and eligible survivors of retired employees. Eligibility to participate in this program will be in accordance with regulations promulgated by CalPERS. The City will contribute the minimum employer contribution under California Government Code §22892 on behalf of each eligible retired employee or eligible survivor of a retired employee who subscribes for CalPERS medical insurance in conformance with CalPERS regulations.
6.4 CalPERS Additional Service Credit
The City provides for additional service credit for unused sick leave through Section 20862.8 of the California Government Code.
Section 7. Holidays
Employees in AMPU shall be entitled to take eleven (11) authorized City holidays and three and one half (3.5) floating holidays based on their standard workweek, and within the year in which they are given, provided they are in a paid status for the full schedule of hours on both their regularly scheduled wor k days immediately preceding and following the holiday (this includes an employee on industrial disability).
For the purpose of this Section, employees with a standard workweek of 36 hours over four days shall be entitled to 9 hours per holiday. Employees with approval to work an alternative 8 schedule will receive hours for each holiday commensurate with their standard daily schedule.. Employees who are absent from work without pay or are in paid status for less than the full schedule of hours on either the scheduled work day before or after the day the holiday is observed, shall not be eligible for nor receive holiday pay.
New employees shall be provided prorated floating holidays b ased on the number of days remaining in the calendar year on their date o f hire. For example, an employee entitled to earn nine (9) hours per holiday with a hire date of September 1, 2018 would have their floating holidays prorated and calculated as follows:
Total Floating Holiday Hours per Year: 31.5 Hours
Total Days remaining in the year: 122 Days (365 – 243)
% of Days Remaining in the Year: 33.42% (122 Days Remaining ÷ 365 Days) Prorated Floating Holidays Hours to New Employee: 10.53 Hours (31.5 hours x
33.42%)
The City’s authorized holidays are:
1. New Year's Day
2. Martin Luther King's Birthday
3. President’s Day
4. Memorial Day
5. Juneteenth
6. Independence Day
7. Labor Day
8. Veterans Day
9. Thanksgiving Day
10. Day after Thanksgiving Day
11. Christmas Day
If any of the above holidays falls on Saturday, it shall be observed by the City on the Friday immediately preceding. If any of such holidays falls on a Sunday, it shall be observed by the City on the following Monday. However, departments in which employees are normally scheduled to work on Saturday or Sunday have the discretion to determine the day on which to observe the holiday and may, with 14 calendar days advance notice, modify the work schedule of employees for that week.
If one of the holidays listed above is observed by the City during an employee's vacation or normal day off holiday hours for such day shall be added to the employee’s floating holiday bank once the holiday has passed, to be used within the calendar year.
If an employee is required to work on a holiday, the holiday hours for such day shall be added to the employee’s floating holiday bank once the holiday has passed, to be used within the calendar year.
Unused holidays cannot be cashed out.
7.1 Reduced Workdays on the Days before the Observed Holidays of Thanksgiving Day, Christmas Day and New Year’s Day
Day Before the Thanksgiving Holiday
9 Full-time employees who are scheduled to work a full day and able to leave at noon will be paid for the full day. In order to be eligible for the half-day pay an employee must be at work the Wednesday morning before the Thanksgiving Day Holiday. Employees who are unable to leave at noon because of operational needs will receive four hours (4) of holiday time.
Christmas Eve or New Year’s Eve
Full-time employees may leave at noon on one of these two days without using leave banks.
The afternoon off must be coordinated within the Department and must be approved by the Department Head. In order to qualify for either of the ½ days, an employee must work the morning before the observed holiday. All City facilities will remain open on both these days and must have sufficient staff available to provide service. Employees who because of operational needs are not able to leave early on either of the days will receive four (4) additional hours of holiday time.
Section 8. Vacation
8.1 Vacation Scheduling
The times during the calendar year at which an employee shall take vacation shall be determined by the City Manager or the designated representative with due regard to the wishes of the employee and particular regard to the need of the City. All employees shall, on a form provided by the City, indicate their preference for vacation periods during November and December of each previous calendar year. Preference of vacation date shall be given to employees according to their length of se rvice in as reasonable a manner as possible. The City will post a final vacation schedule by January 1 of each year.
An employee who is hospitalized or provides a doctor’s notice of illness while on vacation , may elect to not charge such time to vacation.
8.2 Vacation Benefits
Vacation benefits will be accrued on an hour for hour basis with accruals earned for each hour paid. Every employee, on the most recent anniversary date of their employment shall be entitled to a vacation as follows:
Years of
Service
Yearly Vacation Accrual (Hours per
Year)
36 Hours Per Week Standard Work
Week
1 - < 4 75
4 - < 5 112.5
5 - < 6 116.25
6 - < 7 120
7 - < 8 123.75
8 - < 9 127.5
9 - < 10 131.25
10 - < 11 135
11 - < 12 138.75
12 - < 13 142.5
10 13 - < 14 146.25
14 - < 15 150
15 - < 16 153.75
16 - < 17 157.5
17 - < 18 161.25
18 - < 19 165
19 - < 20 168.75
20 - < 21 172.5
21 - < 22 176.25
22 - < 23 180
23 - < 24 183.75
24+ 187.5
As an exception to the foregoing, the City Manager is authorized to award a new employee a starting vacation accrual rate and/or front loading of a portion of that accrual which recognizes that said employee has left a similar position with another employer where he or she had earned a greater amount of vacation benefits than the entry step of the foregoing schedule provides. Said accrual rate shall increase upon the employee reaching the service time provided in the foregoing schedule. Front loading of vac ation accrual shall result in an employee not accruing additional vacation until their service time is equal to that in order to generate the amount of front loaded vacation. At that time, accrual shall commence at the awarded rate. The provisions of this section are intended to apply in those instances where an incentive is needed to secure the most qualified candidates.
8.3 Vacation Accumulation
No employee may accumulate more than seventy-five (75)hours of vacation at any one time in addition to the employee's annual vacation entitlement. City Manager is empowered to pay off excess vacation based on Henry vs. Amrol. An employee may submit in writing a request to accumulate vacation in excess of the maximum set forth above. Such excess accumulation may be approved, at the sole discretion of the City Manager, on a case by case basis.
8.4 Vacation Pay at Termination
Upon termination of employment, a regular employee shall be paid cash value of their accrued vacation leave at the time of termination.
8.5 Probationary Employees
Employees on original probation shall be eligible to use their accrued vacation after six (6) months of service.
8.6 Vacation Sell Back
Employees who have completed Fifteen (15) years of service with the City may “sell back” up to two weeks (72 hours based on a standard work week of 36 hours) of vacation accrual once per calendar year, provided they have used two weeks of accruals in the l ast 12 calendar months:
11 During the month of December of each year, there will be an open enrollment period during which each bargaining unit member must make an irrevocable election to “sell back” vacation accrual the following year on the form prescribed by Human Resources. The number of hours that the bargaining unit member will sell back must be indicated at that time. Failure to submit an irrevocable election form shall be the same as electing not to sell back vacation leave.
The employee must req uest the vacation sell back on the form prescribed by Human Resources. A bargaining unit member who has elected to sell back vacation but has not done so by the first paycheck in December, will be automatically cashed out for the number of hours elected on the second paycheck in December.
If an employee elects to “sell back” vacation but has not used two weeks of vacation accruals in the previous 12 months their sell back request will not be fulfilled.
Employees must have completed fifteen (15) years of service at the time they request the sell back. For example, an employee who will complete fifteen years of service on August 1, 2020 may make an irrevocable election to sell back vacation time during the December 2019 election period but will not be permitted to request the sell back until after August 1, 2020.
These payments do not meet the definition of compensation earnable and special compensation under Government Code section 20636 and are non-PERSable compensation.
Employees are responsible for any tax consequences of the vacation “sell-back”.
The City may suspend this program due to budget constraints during economic downturns.
Section 9. Sick Leave
9.1 Benefits
Sick leave benefits will be accrued on an hour by hour basis with earned for each hour paid.
Employees shall accrue at the appropriate rate as follows:
Employee’s Standard
Work Week
Hourly Accrual
Rate
Maximum Yearly
Accrual
36 Hours Per Week .0481 90 Hours
Paid time excludes any overtime and/or compensatory time worked.
There shall be no limit on sick leave accrual. Sick leave usage shall not be considered as a privilege which an employee may use at his discretion, but shall be allowed only in case of necessity of actual sickness or disability or medical appointments. Charge for sick leave used shall be on the basis of one (1) hour for each hour used; provided, however, that sick leave shall be charged for only those hours when the employee was absent from work. In no event shall sick leave be converted into a cash bonus. Sick leave may not be used before it is earned. The City shall mail to any employee who is on sick leave and who must reimburse the City for their Health, Life, and Dental benefits a notification of premium due and the agreed to forms advising such employe e of any applicable benefits. Those employees hired before January 1, 1987 shall be entitled to sick leave under the old plan as set forth in the Municipal Code and section 9.6 below.
9.2 Notification Requirement
12 In order to receive compensation when ab sent on sick leave, the employee shall notify their immediate supervisor one -half (1/2) hour prior to or after the scheduled time for beginning their work duties of their impending absence.
9.3 Doctor's Certificate or Other Proof
To the extent permitted by law and after consultation with the Human Resources Director or their designee, proof of illness in the form of a doctor's certificate or an advice nurse statement may be required at any time after an employee has used fifty percent (50%) of their annual sick leave accrual in a calendar year. Proof of illness in the form of a doctor’s certificate or an advice nurse statement shall not be required at any time before an employee has used fifty percent (50%) of their annual sick leave accrual in a calendar year.
9.4 Illness in the Immediate Family
An employee may use up to one-half of their annual sick leave allocation in any calendar year in the event of illness or a spouse, child, parent, or domestic partner. At the City's request the employee will provide satisfactory evidence of the facts justifying such absence.
9.5 Sick Leave During Probationary Period
Employees on original probation shall be eligible to use their accrued sick leave upon employment.
9.6 Sick Leave For Employees Hired Prior To January 1, 1987
An employee assigned to a classification covered by this Compensation Plan and who was hired by the City prior to January 1, 1987, shall, upon completion of each anniversary year and a minimum of one thousand eight hundred (1,800) straight-time hours of work within the twelve (12) month period immediately preceding each anniversary year, accrue sick leave at the following rate:
Years of Service Sick Leave
1-5 10 days per year
6-15 15 days per year
16 or more 20 days per year
In addition, an employee shall accrue sick leave at a rate of one (1) day per month, provided the employee has worked one hundred sixty (160) straight -time hours that month for an employee in a classification having a forty (40) hour workweek or one hundred f ifty (150) straight-time hours that month for an employee in a classification having a thirty -seven and one-half (37 ½) hour workweek, to a maximum of one hundred eight (180) days.
Furthermore, an employee hired by the City prior to July 1, 1978, who resigns or retires from City employment and has been in the service of the City for a minimum of ten (10) years, will be eligible for payment of unused accumulated sick leave based on the following calculation:
Formula For Payment Of An Employee’s Unused Accumulated Sick Leave At The Time Of Resignation Or Retirement
13 One and two-tenths of one percent (1.2%) of the employee’s unused accumulated sick leave, at the time of resignation or retirement, time the number of full years of service by the employee with the City, times the employee’s daily pay rate at the time of resignation or retirement; provided, however, that in no event shall the payment for unused accumulated sick leave exceed thirty percent (30%) of the monetary value of the employee’s unused sick leave accumulation. Unused sick leave accumulation for the purpose of payment at time of retirement or resignation shall not exceed the number of days accrued by the employee on July 1, 1978
There shall be no payment for unused accumulated sick leave if a n employee’s service with the City is terminated due to discharge.
Section 10. Administrative Leave
In recognition of extra hours worked attending meetings, performing work after hours and completing projects, employees covered by this Plan shall receive 27 hours of administrative leave per fiscal year. Unused leave cannot be cashed out or carried over to the next fiscal year. Leave will be prorated for employees based on start date.
Section 11. Leaves of Absence
11.1 Leave Without Pay
The City Manager may grant regular employees a leave of absence without pay. No leave shall be granted except upon written request of the employee. Such requests shall be submitted to the City Manager. Such leave shall normally be granted to permit the employee to engage in activities that will increase their value to the City upon return, or because of sickness, injury or personal hardship. Employees may not be granted a leave of absence until all accrued vacation is taken. Failure on the part of an employee on leave to report promptly at its expiration shall result in dismissal of the employee. Vacation and sick leave credits shall not accrue to an employee on leave of absence. The decision of the City Manager on granting or refusing to grant a leave of absence or extension thereof shall be final and conclusive.
11.2 Jury Duty
An employee summoned to jury duty shall inform their supervisor and, if required to serve, may be absent from duty with full pay for that time required to serve.
11.3 Military Leaves of Absence
The provisions of the Military and Veterans Code of the State of California shall govern military leave of City employees.
11.4 Leaves of Absence; Other Statutory Leaves
The provisions of Federal and State law regarding statutory leaves shall govern such leaves of City employees.
11.5 Industrial Disability Leave
14 Employees who suffer any disability arising out of and in the course of their employment, as defined by the Workers’ Compensation Laws of the State of California shall be entitled to the benefits as provided by the Workers' Compensation Laws of the State of California or, upon eligibility to retire under the Public Employees Retirement System (PERS). Workers' Compensation benefits shall be determined and paid in accordance with the Workers’ Compensation Laws of the State of C alifornia upon a determination that the illness or injury is covered by the Workers' Compensation Laws of the State of California. Integration of accumulated leave with Workers' Compensation is to be automatic. For the purposes of this subsection, integrat ion shall mean the use of accrued leave to supplement Workers ’ Compensation payments to the employee. An employee shall determine which of their accrued leaves be used for integration. Available leaves for integration include sick leave, vacation, holiday or compensatory time. Except for benefits as provided by the Workers’ Compensation Laws of the State of California and except for allowing employees to integrate accumulated leave, no additional pay or salary replacement shall be provided by the City of Alameda to the employee.
11.6 Funeral Leave
In the event of a death in the immediate family of an employee the employee shall, upon request, be granted such time off with pay as is necessary to make arrangements for the funeral and attend same, not to exc eed four (4) regularly scheduled working days. This provision does not apply if the death occurs while the employee is on leave of absence, layoff, or sick leave.
For the purpose of this provision, the immediate family shall be restricted to father, moth er, brother, sister, spouse, domestic partner, child, mother -in-law, father -in-law, son-in-law, daughter-in-law, grandparent, grandchild, step -parent and stepchild where there is a child - rearing relationship, or step -sibling. At the request of the City, the employee will furnish a death certificate and proof of relationship.
Funeral leave applies only in instances in which the employee attends the funeral, or is required to make funeral arrangements, but is not applicable for other purposes such as settling the estate of the deceased.
11.7 Catastrophic Leave Bank
The City agrees to establish a Catastrophic Leave Bank to assist employees who have exhausted accrued leave time due to a serious or catastrophic illness or injury. The Catastrophic Leave Bank (CLB) will allow the bargaining unit employees to donate time to affected employees within and outside the unit, so that he/she can remain in a paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injur y or condition. This donated time will be placed in a CLB and drawn down from the CLB by the eligible employee.
Eligibility
To be eligible for this benefit, the receiving employee must: 1) Be a regular full time employee, 2) Have sustained or have an immediate family member who has sustained a life threatening or debilitating illness, injury or condition which may require confirmation by a physician, 3) Have exhausted all accumulated paid leave including vacation, holiday, sick leave, and/or compensatory time off, 4) Be unable to return to work for at least 30 days or in the case of the 15 condition affecting the immediate family member, that member must be in need of prolonged and significant personal care; and 5) Conformed with the requirements of the Family Medical Leave Act and/or Worker's Compensation.
Benefits
Accrued vacation and compensatory time off hours donated by other employees will be converted to sick leave and credited to the receiving employee's sick leave time balance on an hour-for-hour basis and shall be paid at the rate of pay of the receiving employee. For as long as the receiving employee remains in a paid status, seniority, and all other benefits will continue, with the exception of sick leave and vacation accrual. The total leave cred its received by an employee will not normally exceed three months. However, if approved by the Department Head and the Human Resources Director the total leave credits may be extended on a case by case basis, subject to review by the City Manager or designee.
Guidelines For Donating Leave Credits To The Time Bank
a) Accrued vacation leave and compensatory time off may be donated by any regular full - time employee who has completed their initial City probationary period. b) Time donated will be converted from vacation, or compensatory time to sick leave hours and credited to the receiving employee's sick leave balance on an hour-for hour basis and shall be paid at the rate of pay of the receiving employee. c) The total amount of time donated to one employee by another employee shall not exceed forty (40) hours. The total leave credits received by the employee shall not exceed three months; however, the Human Resources Director may approve an extension to six months total time.
d) Initial leave time donations must be a minimum of one work shift. An employee cannot donate leave hours that would reduce their vacation balance to less than one week. e) The use of donated leave hours will be in consecutive one-shift increments. f) While an employee is on leave using donated leave hours, no vacation or sick leave hours will accrue.
g) Under all circumstances, time donations received for the employee are forfeited once made by the employee making the donation. In the event that the receiving employee does not use all transferred leave f or the catastrophic illness/injury, any balance will remain with that employee until that employee's separation from City service. h) Taxability of leave donated or received under this program will be governed by Internal Revenue Service guidelines.
i) For the purpose of the Section, "immediate family member" as referenced under Eligibility shall be defined as provided for in Section 9.4.
j) Under extenuating and extraordinary circumstances and upon recommendation of the Human Resources Director the City Manager may grant exceptions on a case -by-case basis. Such exceptions shall not establish practice or precedence.
It is further understood that Catastrophic Leave will not apply to employees receiving Workers’ Compensation or SDI benefits. These issues are under leg al review and may require further explanation and amendment.
Section 12. Probationary Period
All original and promotional appointments shall be subject to a probationary period. The probationary period shall be regarded as part of the testing process and shall be utilized for 16 closely observing the employee's work for securing the most effective ad justment of new employee to their position and for rejecting any probationary employee whose performance does not meet the required standards of work.
The probationary period for new employees is twelve (12) months.
During the probationary period, an employee may be rejected at any time by the City Manager without cause and without the right to appeal.
Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which they were promoted, unless the employee is rejected for reasons other than competency to perform the job in which they were promoted.
Section 13. Layoff and Reemployment – Furloughs
Seniority is defined as the length of continuous paid employment and leave with pa y status with the City calculated from the date of original hire, including the probationary period, as a full-time employee. Time spent in a leave without pay status shall be excluded. Permanent part-time and temporary part-time employees do not accrue seniority.
In reduction of forces, the last employee hired shall be the first employee laid off, and in rehiring, the last employee laid off shall be the first employee rehired until the list of former employees is exhausted; provided that the employee retained or rehired is capable of performing the work required.
Employees who are laid off or who elect to demote or transfer in lieu of a layoff shall have reemployment rights to future vacancies in the position previously held. The City shall maintain a preferred list with the names of the employees laid off in inverse order of layoff.
Future vacancies in those affected positions shall first be filled from the preferred list in inverse order of layoff.
Services with the City shall be terminated by:
1. Discharge, retirement, resignation or any termination of employee status;
2. Failure to return to work within seven (7) calendar days when recalled from layoff;
3. Failure to return to work upon expiration of an authorized leave of absence;
4. Leave without pay status for a continuous period of twelve (12) months or more;
5. Layoff status for a continuous period of twelve (12) months or more.
When a layoff becomes necessary, the Human Resources Department will provide layoff instructions to the affected departments with a copy to the employees covered by this Compensation Plan.
Before any permanent full-time employee is laid off, all other categories of employees in the affected classifications will be separated.
An employee subject to layoff will be allowed, in lieu of a layoff, to:
1. Demote to a lower paying classification previously held by the employee in the City;
2. Transfer to the same classification in another department.
An employee, who has reemployment rights, shall have the same right to compete for promotion that he/she would have had if he/she had not been laid off. 17 An employee who is laid off shall not accrue or be eligible for any benefits, including, but not limited to, vacation, sick leave, holidays, medical, dental, LTD, life insurance, retirement contributions and uniforms. Any employee reemployed after a layoff shall retain all vacation and sick leave accruals that the employee did not receive compensation for at the time of layoff.
If the City decides to subcontract work and such work would result in the layoff of a full-time employee, the City will notify the employees covered by this Compensation Plan within thirty (30) days in advance of such action, and upon written request, will meet and discuss the matter prior to subcontracting the work.
Section 14. Alternatives to Layoff
During recently concluded negotiations with the MCEA bargaining unit, the parties agreed that if the City were faced with a need to reduce costs and was planning to lay off employees, it would be appropriate for the parties to meet to discuss alternative cost reduction measures that could be taken. The objective would be to find steps that could be taken by the parties to eliminate the need for or reduce the extent of layoffs of bargaining unit or employee group members while preserving service delivery to the public.
Section 15. Discharge
15.1 Right of Discharge
The City shall have the right to discharge any employee for dishonesty, insubordination, drunkenness, incompetence, willful negligence, failure to perform wo rk as required or to observe the City's safety and house rules and regulations which must be conspicuously posted and not in derogation of the Compensation Plan, or for engaging in strikes, individual or group slowdowns or work stoppages, or refusal to acc ept overtime, or for violating or ordering the violation of this Compensation Plan.
15.2 Appeals
If a permanent employee feels he or she has been unjustly discharged, he or she shall have the right to appeal their case through the appropriate procedure (Section 16.5). Such appeal must be filed with the City Manager or the Civil Service Board by the employee in writing within seven (7) calendar days from the date of discharge and unless so filed the right of appeal is lost.
Any discharged employee shall be furnished the reason for their discharge in writing.
Section 16. Personnel Files
An employee or their representative, on presentation of written authorization from the employee, shall have access to the employee's person nel file on request. The City shall furnish the employee copies of all performance evaluation reports and letters of reprimand or warning prior to placement of such documents into the employee's personnel file. The employee may be required to acknowledge t he receipt of any document entered into his personnel file without prejudice to subsequent arguments concerning the contents of such documents.
18 Section 17. Grievance Procedure
A grievance shall be defined as any dispute arising during the term of the Compensation Plan which involves the interpretation or application of any provision of this Compensation Plan during its term, excluding all ordinances, resolutions, rules and regulations, the subject of which is not specifically covered by the provisions of this Plan. Such excluded ordinances, resolutions, rules and regulations shall not be subject to the Grievance Procedure.
17.1 Initial Discussions
Any employee who believes that he or she has a grievance may discuss their complaint with the top management official in the department in which he or she works, or with such subordinate management official as the department head may designate. If the issue is not resolved within the department, or if the employee elects to submit their grievance directly to an official of the employee organization which is formally recognized as the representative of the classification to which he or she is assigned, the procedures hereafter specified may be invoked.
17.2 Referral to City Manager
Any employee or any official of the employee organization which has been formally recognized by the City and which has jurisdiction over any position directly affected by the grievance may notify the City Manager in writing that a grievance exists, an d in such notification, state the particulars of the grievance and, if possible, the nature of the determination which is desired. No grievance may be processed under subsection 16.3 below which has not first been filed and investigated in pursuance of thi s subsection 16 .2. A grievance which remains unresolved thirty (30) calendar days after it has been submitted in writing may be referred to the Adjustment Board.
17.3 Adjustment Board
In the event the employee and the City are unable to reach a mutually satisfactory accord on any grievance (as the term "grievance" is herein above defined) which arises and is presented during the term of this Compensation Plan, such grievance shall be submitted to an Adjustment Board comprised of three (3) employee repres entatives, and three (3) representatives of the City. Any party desiring an official transcript of the Adjustment Board hearing shall bear the cost of same. If an Adjustment Board is unable to arrive at a majority decision, either the grievant, the Associ ation or the City may request that the grievance be referred to the City Manager, or arbitration.
No Adjustment Board or Arbitrator shall entertain, hear, decide or make recommendations on any dispute involving a position over which a recognized employee organization has jurisdiction unless such dispute falls within the definition of a grievance as herein above set forth in paragraph (1) of this Section.
Proposals to add to or change this Compensation Plan or written agreements or addenda supplementary thereto shall not be grievable and no proposal to modify, amend or terminate this Compensation Plan, nor any matter or subject arising out of or in connection with such proposal, may be referred for grievance under this Section; and no Adjustment Board or Arbitrator shall have the power to amend or modify this Compensation Plan or written 19 agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.
No changes in the Compensation Plan or interpretations thereof will be recognized unless agreed to by the City Manager and the employees.
17.4 City Manager and Arbitration
If the grievance is not resolved at the previous step, the grievant or the City may, after completion of the previous step in the grievance procedure, submit the grievance directly to the City Manager or may request arbitration. If arbitration is requested, representatives of the City and the employee and or representative shall meet promptly to select a mutually acceptable arbitrator. A heari ng before the arbitrator shall be held as soon as practical and the arbitrator shall render a decision which shall be advisory to the City Manager. If the City Manager declines to follow the arbitrator's decision, the City Manager shall state the reason for doing so in writing. The cost of arbitration shall be borne equally by the City and the employee.
17.5 Matters excluded from the Grievance Procedure
Employee disciplinary matters, and in those cases where the matter concerns any rule or policy or administrative procedure of the City contained in the City Charter, the Civil Service Ordinance, or the Civil Service Rules and Regulations which are adopted pursuant to the City Charter, which provisions pertain to discharge, discipline, and examination and promotion procedures, the appeal procedures contained therein shall be utilized.
17.6 Disciplinary Action
No grievance involving the discipline of an employee will be entertained unless it is filed in writing by the employee with the City Manager or Civil Service Board within seven (7) calendar days from the date of the notification of the action. A copy of the notification shall be sent to the employee.
17.7 Pay Claims
All complaints involving or concerning payment of compensation shall be filed in writing and no adjustments shall be retroactive for more than thirty (30) days from the date of filing.
Section 18. Outside Employment
No full-time employee shall engage in employment that constitutes a conflict for the employee or the City. No employee shall engage in outside employment during their regular working hours. No uniform, emblem, badge or other employee identification shall b e worn by any person while in the employment of someone other than the City. All requests by the employee for permission to engage in outside employment shall be made on a form provided by the City. No employee shall accept or continue employment other than occasional work from other than the City of Alameda without the approval of the City Manager, which may be withheld only if such employment constitutes a conflict for the employee or the City or which would interfere with the employee's ability to perform their City job.
20 Section 19. Miscellaneous
19.1 Break Periods
All employees will be allowed a fifteen (15) minute break period approximately midway during the first half of any workday and a fifteen (15) minute break period approximately midway during the second half of any workday.
19.2 Bilingual Pay Policy
In accordance with the City's Bilingual Pay Policy, the Human Resources Department will designate the languages to which the pay will apply and assign employees accordingly. The Bilingual Pay differential on a continuous basis is sixty dollars ($60.00) per month.
19.3 Drug Free Work Place
The parties agree to the City's Drug Free Work Place Policy and Testing Procedure.
19.4 State Disability Insurance
Effective July 1, 2003 the Association membership elected to participate in the State Disability Insurance (SDI) program. Such SDI coverage is the sole economic responsibility of the employee, and the City shall not contribute toward the expense of that coverage. In the event the employees wish to discontinue this benefit in the future, the employees must notify the City in writing that a majority of them wish to discontinue participation in the program. The parties will then meet to discuss how such discontinuation may occur.
19.5 Educational Reimbursement
The City shall continue the education reimbursement program instituted on July 1, 1971.
However, the educational reimbursement shall be increased to seven hundred and fifty dollars ($750.00)). Funds for the educational reimbursement program shall be budgeted by the appropriate division of the Utility.
19.6 Professional Leave
As soon as administratively possible, employees with three or more years of continuous service to the City shall be provided eight hours of professional leave during normal hours to attend a professional growth training per fiscal year. As the employee is on paid City time, the training must be approved in advance by the employee’s supervisor and must be job related.
The cost of such training under this section shall be borne by the employee. This time shall be requested and approved in the same manner as vacation/annual leave. Such time shall not be accumulated.
19.7 Travel and Meal Expenses
Employees in this unit shall be reimbursed for travel and meal expenses in accordance with the City Administrative Instruction No. 11B.
21 Section 20. Separability of Provisions
Should any section, clause or provision of this Compensation Plan be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this Compensation Plan. Upon such invalidation the parties agree to meet and confer concerning substitute provisions for the provisions that were rendered or declared illegal.
Section 21. Past Practices and Existing Memoranda of Understanding
21.1 Past Practice
Continuance of working conditions and practices not specifically authorized by ordinance or resolution of the City Council is not guaranteed by this Compensation Plan.
21.2 Existing Compensation Plan
This Compensation Plan shall supersede all existing Compensation Plans between the City and the employees subject to this Compensation Plan.
22 APPENDIX A