Attachment 3
Memorandum of
Understanding
between the
City of Burbank
and the
Burbank City Employees’
Association
July 1, 2022 2024 through June 30, 20242026
TABLE OF CONTENTS
ARTICLE I
RECOGNITION
A. RECOGNIZED-EMPLOYEES’ ORGANIZATION ............................................... 1 B. TERM OF AGREEMENT ................................................................................... 1 C. CONFIDENTIAL-RESTRICTED......................................................................... 1 D. PART TIME ........................................................................................................ 1 E. TEMPORARY STATUS ..................................................................................... 1 F. LIMITATIONS ON LENGTH OF TEMPORARY EMPLOYMENT ........................ 1 G. AS-NEEDED STATUS ....................................................................................... 2 H. EXEMPT STATUS ............................................................................................. 3 I. SELECTED HOUSING TITLES ......................................................................... 3 J. HEALTH, WELFARE AND SAFETY CLAUSE ................................................... 3
ARTICLE II
SALARY AND COMPENSATION
A. SALARY SCHEDULE ........................................................................................ 4 B. 14-STEP SALARY PLAN ................................................................................... 4 C. INITIAL SALARY ................................................................................................ 5 D. ADVANCEMENT IN SALARY ............................................................................ 5 E. “Y” RATE.. .......................................................................................................... 9 F. PAY DATES ....................................................................................................... 9 G. SHIFT PAY ...................................................................................................... 10 H. DIFFERENTIAL PAY ....................................................................................... 10 I. WORKING OUT-OF-CLASS ............................................................................ 20 J. OUT-OF-CLASS/UPGRADE APPEAL ............................................................. 22 K. UNIFORMS ...................................................................................................... 23
L. DRESS CODE ................................................................................................. 25 M. TOOL ALLOWANCE ........................................................................................ 25 N. MILEAGE REIMBURSEMENT ......................................................................... 26 O. ONE-TIME LUMP SUM INFLATION AND RETENTION PAYMENT ................. 26
ARTICLE III
FRINGE BENEFITS
A. §125 FLEXIBLE BENEFIT PLAN CONTRIBUTION ......................................... 27 B. CITY § 125 FRINGE BENEFIT CONTRIBUTION ............................................. 28 C. LIFE INSURANCE ........................................................................................... 31 D. MEDICARE ...................................................................................................... 31 E. EDUCATIONAL TUITION REIMBURSEMENT ................................................ 32 F. WELLNESS PROGRAM .................................................................................. 32
ARTICLE IV
RETIREMENT
A. PERS EMPLOYEE CONTRIBUTION ............................................................... 34 B. SURVIVOR BENEFITS .................................................................................... 35 C. FINAL COMPENSATION ................................................................................. 35
ARTICLE V
VACATION AND HOLIDAYS
A. VACATIONS .................................................................................................... 36 B. HOLIDAYS ....................................................................................................... 38
ARTICLE VI
SICK LEAVE
A. USE……. ......................................................................................................... 42 B. COMPENSATION FOR UNUSED PORTION AT RETIREMENT OR DEATH .. 42 C. SICK LEAVE-ACCRUAL .................................................................................. 42 D. SICK LEAVE NOTICE ...................................................................................... 43
E. SICK LEAVE-MEDICAL/DENTAL APPOINTMENTS ....................................... 43 F. SICK LEAVE-REVOKED ................................................................................. 43 G. SICK LEAVE-MEDICAL CERTIFICATE ........................................................... 43 H. SICK LEAVE-WITHOUT PAY .......................................................................... 43 I. SICK LEAVE CONVERSION ........................................................................... 43 J. SICK LEAVE TIME BANK ................................................................................ 44
ARTICLE VII
OTHER LEAVES OF ABSENCE
A. LEAVES OF ABSENCE WITHOUT PAY .......................................................... 45 B. LEAVE-DEATH IN FAMILY .............................................................................. 45 C. JURY LEAVE AND SUBPOENAS .................................................................... 45 D. EMERGENCY LEAVE ..................................................................................... 46 E. RELIGIOUS SERVICES .................................................................................. 46 F. MILITARY LEAVE OF ABSENCE .................................................................... 46 G. PERSONAL LEAVE ......................................................................................... 47 H. FAMILY MEDICAL LEAVE ............................................................................... 48 I. ELECTION LEAVE........................................................................................... 48 J. INDUSTRIAL ACCIDENT LEAVE .................................................................... 48 K. SENIORITY STATUS WHILE ON LEAVE ........................................................ 49 L. EXPIRATION OF LEAVES ............................................................................... 49 M. REFUSAL OF LEAVES OF ABSENCE ............................................................ 49 N. UNAUTHORIZED ABSENCE .......................................................................... 49 O. PAID BENEFITS WHILE ON UNPAID LEAVE ................................................. 50 P. PARENTAL LEAVE .......................................................................................... 50
ARTICLE VIII
HOURS OF WORK AND OVERTIME
A. HOURS OF WORK - FULL TIME EMPLOYEES .............................................. 51 B. HOURS OF WORK - PART TIME EMPLOYEES .............................................. 54 C. ROTATING SHIFTS AND WEEKDAYS OFF ................................................... 55 D. REST PERIODS .............................................................................................. 55 E. LUNCH PERIOD .............................................................................................. 55 F. OVERTIME PAY .............................................................................................. 55 G. ATTENDANCE ................................................................................................ 62 H. OVERTIME MEAL POLICY .............................................................................. 63 I. CUTTING OR ADDING HOURS FOR PART - TIME EMPLOYEES .................. 64
ARTICLE IX
PROBATIONARY PERIOD
A. PURPOSE OF PROBATION ............................................................................ 65 B. ONE YEAR PERIOD ........................................................................................ 65 C. OTHER PROBATIONARY PERIODS .............................................................. 65 D. EXTENSION OF PROBATION ........................................................................ 65 E. TERMINATION OF APPOINTMENT ................................................................ 65 F. REINSTATEMENT OF REJECTED PROBATIONARY EMPLOYEE TO
FORMER POSITION ....................................................................................... 65 G. DISPLACEMENT BY REINSTATEMENT OF ANOTHER TO FORMER
POSITION ........................................................................................................ 66
ARTICLE X
LAYOFF, DISPLACEMENT, AND RECALL
A. PURPOSE ....................................................................................................... 67 B. SENIORITY ..................................................................................................... 67
C. LAYOFF .......................................................................................................... 64 D. DISPLACEMENT ............................................................................................. 68 E. PROCEDURE .................................................................................................. 70 F. RECALL ……. ................................................................................................. 70 G. BENEFIT CONSIDERATIONS ......................................................................... 71
ARTICLE XI
CONTRACTING OUT
A. CONTRACTING OUT ...................................................................................... 73 B. ENFORCEMENT ............................................................................................. 73 C. IMPLEMENTATION ......................................................................................... 73 D. DEFINITION OF EMERGENCY ....................................................................... 74 E. JOINT LABOR / MANAGEMENT COMMITTEE ............................................... 74
ARTICLE XII
NON-DISCRIMINATION
A. NON-DISCRIMINATION .................................................................................. 76
ARTICLE XIII
GRIEVANCE PROCEDURE
A. STATEMENT ................................................................................................... 77 B. DEFINITIONS .................................................................................................. 77 C. PROCEDURE .................................................................................................. 78 D. ALTERNATIVE ARBITRATION RESOLUTION ............................................... 82 E. JURISDICTION OF CIVIL SERVICE BOARD .................................................. 83
ARTICLE XIV
DISCIPLINE AND DISCHARGE
A. REASONS FOR DISCIPLINE AND DISCHARGE ............................................ 84 B. LIE-DETECTOR TESTS .................................................................................. 85 C. PRE-DISCIPLINARY HEARINGS AND PROCEDURES .................................. 85
D. MEDIATION ..................................................................................................... 88 E. FORMAL DISCIPLINARY PROCEDURES AND POST DISCIPLINARY HEARINGS ...................................................................................................... 88
ARTICLE XV
INFORMAL DISCUSSION OF DEPARTMENTAL PROBLEMS
A. DEPARTMENTAL MEETINGS ........................................................................ 89
ARTICLE XVI
HEALTH AND SAFETY
A. SAFETY IN THE WORK PLACE ...................................................................... 90 B. SAFETY SHOES.............................................................................................. 90 C. SAFETY GLASSES ......................................................................................... 90 D. RAINGEAR ...................................................................................................... 90 E. VDT SAFETY COMMITTEE ............................................................................. 90 F. SPECIAL MEDICAL EXAMINATIONS AND DRUG AND ALCOHOL
PROGRAMS .................................................................................................... 91 G. U.S. DEPARTMENT OF TRANSPORTATION, ALCOHOL AND DRUG ABUSE POLICY….. ...................................................................................................... 92
ARTICLE XVII
EMPLOYEE RIGHTS
A. PAYROLL DEDUCTION AND DUES ............................................................... 93 B. MEMBERSHIP LIST ........................................................................................ 94 C. ACCESS TO WORK LOCATIONS ................................................................... 94 D. MEETING WITH NEW EMPLOYEES ............................................................... 94 E. PERSONNEL FILES ........................................................................................ 95 F. TIME OFF FOR CIVIL SERVICE BOARD MEETINGS ..................................... 95 G. RIGHT OF REPRESENTATION ...................................................................... 95 H. CITY BULLETIN BOARDS ............................................................................... 95
I. UNION LEAVE ................................................................................................. 96
ARTICLE XVIII
MANAGEMENT RIGHTS AND PAST PRACTICES
A. MANAGEMENT RIGHTS ................................................................................. 98 B. ALL RIGHTS RETAINER ................................................................................. 98 C. PAST PRACTICES .......................................................................................... 98 D. CONTROL ....................................................................................................... 98
ARTICLE XIX
MISCELLANEOUS
A. ARBITRATION TRAINING ............................................................................... 99 B. CONTRACT TRAINING ................................................................................... 99 C. MOU COPIES .................................................................................................. 99 D. CRAFT AND PROFESSIONAL LICENSES ..................................................... 99 E. NOTICE OF RESIGNATION ............................................................................ 99 F. RENEGOTIATION ........................................................................................... 99 G. FAIR LABOR STANDARD ACT ..................................................................... 100 H. PROVISIONS OF LAW .................................................................................. 100 I. TRADES COMMITTEE .................................................................................. 100 J. BURBANK EMPLOYEE RETIREE MEDICAL TRUST (BERMT) .................... 100 K. CLASSIFICATION VACANCIES .................................................................... 100 L. 457 CONTRIBUTION (DEFERRED COMPENSATION) .................................. 97 M. END OF "INCENTIVE PROGRAM"
N. REOPENER PROVISION
EXHIBITS
A. AFFECTED EMPLOYEES CLASSIFICATION TITLES .................................... 99 B. AFFECTED CIVIL SERVICE EXEMPT EMPLOYEES CLASSIFICATION
TITLES BCEA ................................................................................................ 101 C. AFFECTED CONFIDENTIAL EMPLOYEES .................................................. 102 D. DEFINITIONS ................................................................................................ 103 E. EMPLOYMENT EXAMINATIONS AND LISTS ............................................... 107 F. PUBLIC WORKS DEPARTMENT BUILDING MAINTENANCE DIVISION EMERGENCY CALL-OUT PROCEDURE ...................................................... 116 G. PARKS AND RECREATION DEPARTMENT LANDSCAPE AND FORESTRY SERVICES DIVISION EMERGENCY CALL-OUT PROCEDURE .................. 117 H. CITY OF BURBANK U.S. DEPARTMENT OF TRANSPORTATION ALCOHOL AND DRUG ABUSE POLICY STATEMENT OF PURPOSE AND POLICY .... 119 I. EVALUATION OF VEHICLE ACCIDENTS ..................................................... 136 J. BENCHMARK POSITIONS AND CLASSIFICATIONS TIED TO THE
BENCHMARKS ............................................................................................. 140 K. UNIFORMS FOR COMMUNICATION OPERATORS .................................... 142 L. BCEA PROFESSIONAL/SUPERVISORY UNIT ............................................ 143 M. PARKS AND RECREATION DEPARTMENT SENIOR AND HUMAN SERVICES SECTION NUTRITION STAFF UNIFORMS AND DRESS CODE .................. 144 N. BCEA CLASSIFICATIONS' BIWEEKLY SALARIES ...................................... 147
ARTICLE I
1 ARTICLE I
RECOGNITION
SECTION A RECOGNIZED-EMPLOYEES’ ORGANIZATION
The Burbank City Employees’ Association, affiliated with the American Federation of State, County, and Municipal Employees, as Local 3143, (hereinafter referred to as “BCEA”) is the recognized employee organization for all personnel (hereinafter referred to as “affected employees”) employed by the City of Burbank (hereinafter referred to as “City”), in the classifications listed in Exhibits A, B, and C to this memorandum. The City will meet and confer with the BCEA as to changes to existing and newly created classifications and appropriate rate of pay for such new classifications within the bargaining unit.
SECTION B TERM OF AGREEMENT
This Agreement is effective July 1, 20222024 . This Agreement shall c ontinue in effect until the 30th day of June 20242026. The parties, during the term of this Agreement, may mutually agree to consider other specific proposals. The intent of the parties is to start and complete negotiations for the 2024/2526/27 MOU as soon as practical.
SECTION C CONFIDENTIAL-RESTRICTED
The parties hereto recognize that affected employees who hold positions in the classifications enumerated in Exhibit C of this Memorandum of Understanding are recipients of confidential and sensitive information. As a result, the parties agree that no such employee shall (I) serve as a board member, officer, or steward of the BCEA; (II) serve on a team which either consults, or meets and confers, with City management over issues related to wages or the terms and conditions of City employment; or (III) serve as designated employee representative in any grievance or disciplinary procedure.
SECTION D PART TIME
Part-time employees , except those having temporary or seasonal status, are covered by this Memorandum of Understanding and are represented by the BCEA.
SECTION E TEMPORARY STATUS
Full or part -time employees having temporary status are not represented by the BCEA; such employees shall have no rights, privileges or benefits under this Memorandum of Understanding. However, should a current exempt, probationary, or permanent employee accept a temporary position, they may be temporarily classified as “Exempt” for the sole purpose of allowing the employee to accept the temporary position without loss of benefits.
SECTION F LIMITATIONS ON LENGTH OF TEMPORARY EMPLOYMENT The City shall notify the BCEA in writing prior to the employment of, or the intention of temporary appointments, and the expected duration of each appointment. No person shall be employed by the City under temporary appointment to one or more positions in the Civil Service System for a total of more than six (6) months in any
ARTICLE I
2 twelve (12) month period unless approved by the Civil Service Board and the BCEA.
SECTION G AS-NEEDED STATUS
The City and the BCEA agree to allow individuals in titles represented by the BCEA to be hired as “as-needed” employees Citywide.
An as-needed employee is defined as a regular part -time employee that has no set number of hours, no set work schedule, and no expectation of a number of work hours and is at will. As-needed employees’ initial hourly rate and movement within the salary range will solely be at the discretion of the department.
As-needed employees are expected to be available on short notice and for only the hours required by a Department. As-needed employees must meet all minimum requirements listed on the City’s job specifications for their job title.
As-needed employees will not be utilized to fill permanent positions. The purpose of as -needed employees is to cover temporary, difficult -to-fill vacancies or employee absences only when all other possibilities of having current unit members fill these vacancies have been exhausted. City, in its discretion, will determine the necessity to utilize as -needed employees. As-needed employees will be limited to working no more than 700 hours in a fiscal year. The City and the BCEA agree to meet and confer if it becomes necessary for an as needed employee to go over the fiscal year 700 -hour limit, but in no event shall such an employee exceed 1000 hours in a fiscal year.
As-needed employees may not be transferred into a regular f ull-time or part-time position. In order to be placed in a regular full-time or part-time position, employees in an as -needed status will be required to compete in a competitive recruitment process as “open competitive” candidates.
The City and the BCEA further agree to exempt ONLY the as-needed employees from the following Articles of the BCEA MOU:
BCEA MOU Article II and III (Salary and Compensation, Fringe Benefits) BCEA MOU Articles V, VI, VII (Vacation and Holidays, Sick Leave, Other Leaves of Absence)
BCEA MOU Article VIII (Hours of Work and OT)
BCEA MOU Article IX (Probationary Period)
BCEA MOU Article X (Layoff, Displacement, and Recall)
BCEA MOU Article XIII (Grievance Procedure)
BCEA MOU Article XIV (Discipline and Discharge)
BCEA MOU Article XVII (Employee Rights)
BCEA MOU Article XIX, Sections J and L (Burbank Employee Retiree Medical Trust and 457 Contribution)
Exhibit E (Employment Examination and Lists)
ARTICLE I
3 The City will provide BCEA with a monthly status report regarding all as -needed employees. This provision will be reviewed by the City and BCEA on a yearly basis from the time of adoption to discuss any concerns with the use of as -needed employees.
SECTION H EXEMPT STATUS
Full or part -time employees having “exempt” status as listed in Exhibit B are not covered by the Civil Service System of the City of Burbank but are represented by the BCEA. “Exempt” employees listed in Exhibit B are covered by this Memorandum of Understanding except for Article IX and Exhibit E, and may file grievances and take such grievance to and through the third step of the grievance procedure per Article XIII Section C .3, not to include appeal to the Civil Service Board or to arbitration.
Employees in an as-needed status pursuant to Article I, Section G, above, will be exempt from Civil Service, but will be represented by the BCEA as described in said Section.
SECTION I SELECTED HOUSING TITLES
The layoff procedures in Article X do not have to be followed by the City in the case of:
HOUSING ASSISTANT
HOUSING SERVICES ASSISTANT
HOUSING SPECIALIST
Except for the above- cited limitations, these employees are entitled to full BCEA representational rights.
SECTION J HEALTH, WELFARE AND SAFETY CLAUSE
Prior to and during any job action, the union agrees to maintain sufficient number of critical employees to ensure that the City of Burbank supplies the necessary services to maintain the health, safety and welfare of the community.
ARTICLE II
4 ARTICLE II
SALARY AND COMPENSATION
SECTION A SALARY SCHEDULE
1. Effective May 25, 2025, the salaries for the BCEA classifications listed in Exhibit N, Table 1, and incumbent employees , will be increased by 2% -15%, distributed based on survey. Exhibit N , Table 1, lists t he salary increases (Column 3) and new top step biweekly salaries (Column 4) designed to match most classifications to their 7/1/24 survey average.
Effective the beginning of the pay period containing July 1, 2022, BCEA classifications with top of the salary ranges that are below the average of the market salary survey jointly conducted by BCEA and the City as of July 1, 2022, and incumbent employees in those classifications, will receive 100% of the salary increase necessary to align those salary ranges with the survey average.
The s alary increases and new top of the range base salaries are listed in Column 3 and Column 4 of Exhibit N.
Note: The salaries in Column 4 of Exhibit N for the classifications identified with an asterisk include additional increases designed to address compaction between the salaries of certain classifications.
2. Effective June 22, 2025, the salaries for the BCEA classifications listed in Exhibit N, Table 1, and incumbent employees, will be increased by 4%, which includes most titles, with exceptions for certain classifications that were more than 15% under their 7/1/24 survey average. Exhibit N, Table 1, lists the salary increases (Column 5) and new top step biweekly salaries (Column 6).
3. Classifications established after July 1, 2024, will receive one salary increase, effective June 22, 2025, as listed in Exhibit N, Table 2.
4. Classifications that were more than 30% under their 7/1/24 survey average will receive a third salary increase, effective December 21, 2025, as listed in Exhibit N, Table 3.
Effective the beginning of the pay period containing July 1, 2023, all incumbent BCEA members’ base salaries and all BCEA salary ranges shall be adjusted upward by three percent (3%). Column 6 of Exhibit N lists the new biweekly top of the range base salary for each BCEA title after the 3% increase.
5. In preparation for FY 26/27 contract negotiations, the City will provide a salary survey to BCEA no later than February 1, 2026.
SECTION B 14-STEP SALARY PLAN
1. MAINTENANCE OF 14-STEP RANGE
Salary ranges for affected employee classifications shall remain as a fourteen-step
ARTICLE II
5 salary plan, effective October 18, 2011. There shall be a difference of two and one- half percent (2 1/2%) between steps.
Notwithstanding the foregoing, the following classifications are exempt from the 14-Step Salary Plan : Crossing Guard, Facility Attendant I, Facility Attendant II, Lifeguard, Lifeguard-Instructor, Mail Room Assistant, Pipefitter Apprentice, Senior Lifeguard, Sign Language Interpreter, Locker Room Attendant, Work Trainee I, Youth Employment Assistant, Youth Employment Coordinator, Youth Employment Jr. Team Leader, Youth Employment Team Leader, and Youth Services Worker.
These classifications are either less than 14 steps or have a flat rate. These classifications retain the two and one-half percent (2 1/2%) between steps except for the classifications with a flat rate and Pipefitter Apprentice.
SECTION C INITIAL SALARY
The initial compensation, fixed by reference to the fourteen -step salary schedule, shall be Step 1, except that:
1. INCREASED COMPENSATION TO ATTRACT QUALIFIED PERSONNEL The City Manager may recruit personnel at a step higher than Step No. 1 should it be found that it is impracticable to obtain qualified personnel for such position at Step No. 1.
2. PAY INCREASE WITH ADVANCEMENT SENIORITY (PROMOTIONAL) The City and the BCEA agree that any employee, in steps 1- 14, who is promoted to a new classification, shall move to the next highest salary in the new classification plus two (2) steps. The next step advancement date for this employee shall be twelve (12) months from the date of promotion.
3. INCREASED PAY FOR COMPARABILITY PURPOSES
The City Manager may fix initial compensation at a step higher than Step No. 1 when it is found that an appointee to a supervisory position will receive compensation at a rate equal to or lower than one or more of his or her subordinates, provided that such initial compensation shall not exceed the rate of pay next higher than that of the highest subordinate other than those subordinates who are being paid at a “Y” rate, are on a temporary service, or are being paid a salary differential to which the supervisor is not entitled.
SECTION D ADVANCEMENT IN SALARY
1. CLASSIFICATION COMMENCEMENT
With respect to all appointments including transfers, made after December 16, 2007, classification shall be deemed to commence on the exact date of the employee’s hire date.
2. MOVEMENT WITHIN THE 14-STEP RANGE
Affected employees below the 14th step of the salary range shall be considered for salary adjustment on an annual basis and may receive an adjustment of zero to three steps within a year.
ARTICLE II
6 A. The department head shall have the authority to grant step increases.
B. Initial adjustments for employees starting service at step one in any affected classification shall be made at six months of service if the employee’s job performance at the six -month period is achieves expectations or above. A zero to three step adjustment may be given based on one evaluation for these employees only. Subsequent evaluations for affected employees shall be made effective on the anniversary date of the employee’s sixth month of service.
C. The department head shall have the authority to grant salary adjustments based on evaluations more than once annually only to the extent that an employee not exceed an increase of three steps within a one-year period.
D. Salary increases within the salary range shall be based upon satisfactory job performance. In no case will an employee receive less than two steps if their current and immediate prior evaluations are achieves expectations or above.
E. All employees may be evaluated every six months at the department head’s discretion.
F. The performance evaluation shall be conducted on forms agreed upon between representatives of the City and the BCEA. Evaluations shall be conducted by the employee’s supervisor, subject to review and concurrence by the department head. Proper notice of 48 hours prior to meeting shall be given to the employee. Employees shall be allowed to retain evaluation for 48 hours to review and compose comments.
G. Salary increases shall only be given based upon a performance evaluation.
3. FAILURE TO PERFORM EMPLOYEE EVALUATIONS
If the Department fails to process an employee’s performance evaluation by the Personnel Action Form on the due date, it is assumed that the employee meets expectations and shall be given a two (2) step salary increase, not to exceed step 14 ,. The Benefits Section shall initiate the necessary paperwork to process the step(s) increase retroactive to the due date. This will begin upon notification of Employee Relations by the union or employee of a late evaluation. ( This will require the department to process a Personnel Action Formcomplete the paper process.)
The following provisions regarding the 1% payment for two consecutive missed evaluations are suspended for the term of the cont ract. Effective July 1, 2005, i f an employee has two consecutive missed evaluations the
ARTICLE II
7 employee shall be given a check equal to one percent (1%) of annual salary.
Although this 1% will be provided to employees as a lump sum, it will be reported on an annualized basis to the Public Employee Retirement System (PERS) in accordance with State regulations. This acknowledges that an employee was precluded from having goals and objectives set for the BCEA Merit Pay of up to five percent (5%) that all BCEA employees are eligible for. This failure by management shall not warrant accelerating an employee’s next scheduled evaluation. The parties agree that this rule will not be applicable to employees in the following circumstance, unless otherwise mutually agreed to in writing:
A. If the employee has been off work at least 30 days prior to the date that the employee was supposed to be given the evaluation and the employee continues to be off duty, the 1% provision will not apply until at least 30 consecutive days after the employee returns to duty (i.e., the supervisor must give the employee the performance evaluation within 30 days of the date that the employee returns to work). Should the supervisor fail to give the employee the performance evaluation within this time frame, the above 1% provision will be applicable.
B. Employees must have occupied the same position (excluding title changes only) for two consecutive years. As such, an employee who is continually promoted on or prior to their evaluation due date to another position will not be eligible for the 1% until th ey have occupied a position for long enough that they have missed two consecutive evaluations.
4. DENIAL OF STEP INCREASE
An employee who receives two consecutive overall performance evaluation ratings of Needs Improvement or below shall not be advanced to the next salary step. The department head may reduce the monthly salary of an employee by up to two (2) steps in any twelve (12) month period on the basis of two consecutive overall performance evaluation ratings of Needs Improvement or below. Furthermore, no employee shall receive a reduction in salary exceeding two (2) steps in a five-year period.
5. DOCUMENTATION & PROGRESSIVE DISCIPLINE
A Needs Improvement or below performance evaluation will not be used for denial of a step increase, unless documentation and justifica tion for the evaluation exists. A reduction of a step or steps shall be treated as a disciplinary action and shall fall under the rules of progressive discipline.
Such documentation and justification shall be consistent with the principles of progressive discipline.
6. APPEALS
All denials and reductions are fully appealable through the grievance procedure and the procedures outlined in this agreement.
ARTICLE II
8 7. ELIGIBILITY AFTER STEP INCREASE DENIAL AND SALARY
REDUCTIONS
An employee who has had a step increase denied or salary reduced shall be reconsidered for a future step increase no later than six months following the denial/reduction. Any increase shall be based upon satisfactory job performance.
8. OBJECTION TO SALARY INCREASE
Step increases shall be automatic unless the department head of such employee, or the City Manager if there is no department head, objects in writing to such increase, detailing the reasons therefore, and serves such objection on the Management Services Department not later than the 25th day of the month preceding the date on which the salary increase is to take effect. It shall be the duty of the Management Services Department to notify the department head or City Manager, as the case may be, of any impending step number salary increase at least ten (10) days, but not sooner than thirty (30) days, prior to the date on which such increase is to take effect. Whenever objection to any increase is filed with it, the Management Services Department shall notify the employee affected that his or her step advancement has not been approved.
9. ELIGIBILITY AFTER STEP INCREASE DENIAL
Failure to receive a salary increase as herein provided shall not preclude any employee from thereafter receiving such increase. Any employee so affected shall receive such increase after he or she shall have been classified in his or her current step number for an additional six (6) months, and, in the event the increase is again successfully opposed as herein provided, the employee shall be eligible for such increase yearly thereafter, subject, however to objection and denial as herein provided.
Satisfactory job performance may be determined by a performance evaluation or a memo outlining in detail the progress the employee has made with the issues that precipitated the salary reduction.
10. ACCELERATION OF STEP INCREASES
An employee’s advancement through the 14- step range may be accelerated by the Department Manager, after consultation with Management Services and with City Manager approval, for reason(s) deemed appropriate and/or operationally necessary . The requested advancement may be for any number of steps, not to exceed the top salary step.
A. Acceleration may be requested when a supervisor’s rate of pay is equal to or less than one or more of his/her subordinates. Requests for acceleration based on supervisory/subordinate pay must follow the guidelines set forth below.
1. The Department Manager in his or her written request for
ARTICLE II
9 acceleration certifies that the employee has regular, full -time responsibilities of supervision whose rate of pay is equal to or less than one or more of his or her subordinates;
2. In making the request, the Department Manager has already exhausted the assignment resources which would have
placed a senior supervisor over a senior subordinate;
3. The acceleration will not result in a rate of pay which shall exceed the rate of pay next higher than that of the highest paid subordinate, other than those subordinates who are being paid at a “Y” rate, are on temporary service, or are being paid a salary differential to which the supervisor is not entitled;
4. Requests for acceleration on the basis of
supervisory/subordinate relationship shall use such
references as the class specifications and the most recent organization chart approved by the City Manager, or in case these are not conclusive, the Department Manager shall include a written statement setting forth the duties and the place of the position in the department organization.
5. The anniversary date of the supervisor whose salary is accelerated as herein provided shall not be changed by such accelerations.
B. For any other reason, the Department Manager must provide written justification for the basis of the acceleration request, such as for parity, and certify that the employee has performed their work in an outstanding, meritorious manner.
11. MERIT PAY JOINT LABOR / MANAGEMENT COMMITTEE
The merit pay plan has been suspended for the term of this MOU.
SECTION E “Y” RATE
Whenever the salary of any employment is lowered such change shall not affect any person then holding such employment. Such person shall continue to receive this current rate of pay together with any step advancements to which he or she may be entitled in accordance with the provisions of this article. Additional increases may be prescribed by the Council if recommended by the City Manager.
Rate of pay established under this section shall be distinguished by the addition of the letter “Y”. This designation shall be removed whenever the rate of pay for the employment shall be increased to an amount that equals or exceeds the “Y” rate at the then current step.
SECTION F PAY DATES
The City and the BCEA agree that the pay dates shall be every other Thursday starting with the pay period beginning on December 16, 2007.
ARTICLE II
10 SECTION G SHIFT PAY
1. Effective the beginning of the pay period immediately following Council adoption, f Full-time employees working a second shift assignment shall receive a $ 1.50 per hour shift differential for each hour worked. “Second shift” shall mean a regularly scheduled work period starting between the hours of 2 PM and 8 PM.
2. Effective the beginning of the pay period immediately following Council adoption, Ffull-time employees working a third shift assignment shall receive a $1.75 per hour shift differential for each hour worked. “Third shift” shall mean a regularly scheduled work period starting between the hours of 8 PM and 4:59 AM.
3. Any full-time employee who works the next shift by a total of hours that is one hour less than their full work day shall receive for those hours the shift differential of that shift (i.e., an employee who starts a 12-hour shift at 7 PM shall receive one hour at “second shift” and eleven hours at “third shift”.
SECTION H DIFFERENTIAL PAY
The following classifications shall receive a “differential pay” added to the base salary whenever the assignment, work week or certification of any employee consists of one of the following:
ASSIGNMENT AND DIFFERENTIALS
1. 40-hour workweek with no time off for 11.512.5 holidays for Senior Water Plant Operator, Water Plant Operator, Senior Security Guard, Security Guard, Solid Waste Truck Operator, and Solid Waste Leadworker classifications.
5.48%Effective May 25, 2025: 10%
2. Fire Equipment Mechanic, Fire Equipment Specialist, Tire Maintenance Worker and employees assigned to the Heavy -Duty Section of the Public Works, Fire, or Burbank Water and Power Equipment Maintenance Division.
5%
3. Fire Equipment Specialist who obtains a certificate indicating completion of training on fire equipment apparatus. Helicopter Mechanics who have attained airworthiness certificates. (AMP each Certificate)
2.5%
4. Fire Equipment Specialist or Fire Equipment Mechanic assigned to carry a cell phone.
10%
5. Asphalt spraying assignment performed by Laborer classification.
ARTICLE II
11 5%
6. Spraying with pesticides for pest and weed control by: a) employees in the Landscape and Forestry Services Section of the Park s and Recreation Department, and b) employees in the Street Maintenance section of the Public Works Department.
$ 5.00/day for four hours or $ 10.00/day for over four hours
7. An employee who possesses a California Department of Pesticide Regulation Agricultural Pest Control Advisor License and a California Department of Pesticide Regulation Qualified Applicator Certificate OR License, that provides a written advisement during a pay period, shall receive only a differential under this section.
10%
8. Employees in the title of Building Inspector I assigned by the department to perform services requiring a Certified Access Specialist (CASp) certification.
10%
9. Refuse collection assignment performed by Solid Waste Truck Operator or Solid Waste Leadworker classification.
5% Effective May 25, 2025: 7.5%
10. Employees in the titles of Solid Waste Truck Operator and Solid Waste Leadworker as of November 7 , 2015, will be eligible for this differential anytime they are assigned to a “one- man” refuse collection truck. A list of these eligible employees will be kept by the Management Services Department. Any employee appointed to the title of Solid Waste Truck Operator or Solid Waste Leadworker, on or after November 8, 2015, will not be eligible for this differential.
5%
11. Regular assignment to refuse collection truck or bin repair service performed by Solid Waste Utility Worker and Welder.
5%
12. An employee in the Solid Waste Truck Operator classification who is assigned to supervise refuse crews in the field. After one year of cumulative, but not necessarily continuous satisfactory performance in such an assignment.
2.5%
13. Effective June 28, 2020, Aall employees in the Maintenance Section of the Public Works Street & Sanitation Division holding the position of Street Maintenance Leadworker, Public Works Journeyman, Skilled Worker,
ARTICLE II
12 Laborer became eligible for the Hazard Premium upon execution of a side letter due to expanded job responsibilities related to cleanup of encampments in public areas throughout the city causing increased potential exposure to hazardous substances.,
All employees in the classifications of Motor Sweeper Operator , or Heavy Truck Driver assigned to the sweeper crew, shall receive a Hazard Premium for exposure to hazardous substances.
Effective May 25, 2025, e mployees in the classifications of Landscape Services Supervisor, Senior Groundskeeper, Groundskeeper, Groundskeeper Helper, and Utility Worker, who are assigned to perform landscape maintenance of parks and other municipal properties, will receive a Hazard Premium for routinely and consistently cleaning up biological hazards that pose an immediate risk to the health or safety of the public and cannot wait to be removed. Examples of biological hazards include needles, syringes, and other sharp objects that pose a danger to the public, and human or animal waste. Whenever possible, employees should follow standard department protocols for safe removal of hazardous materials to minimize direct exposure.
5%
14. Effective May 25, 2025, A any clerical employee below the level of Senior Secretary, who is assigned to the taking of take minutes at any official City Council-appointed Board, Committee, or Commission , and whose job description does not include this duty.
5%
15. Any person, who in the course of his or her duties, is called upon to speak a second language. This language shall not be construed as to modify existing description of duties for those affected classifications. A bilingual bonus will be paid to qualified employees who are assigned to speak a second language. Such assignment shall not be arbitrary and capricious.
A. Individuals desiring to receive the bonus must have their proficiency in a second language evaluated through the standard method already mutually agreed upon between the City and BCEA.
B. Employees may be required to select their shifts in such a manner to allow utilization of their expertise on all shifts. Such shift selection shall be made on the basis of seniority.
$46.16/pay period - Full Time Employees
$29.08/pay period - Part Time Employees (
Including Crossing
Guards)
16. Construction & Maintenance Workers, Water Operations Personnel, Carpenters, and Cement Finishers in Burbank Water and Power that have been trained and certified in the operation of a backhoe and other heavy equipment, excluding forklift and dump trucks.
ARTICLE II
13 5%
17. Employees in refuse that are assigned to the landfill for training including all solid waste classifications, or any employee who performs work at the Landfill for a pay period or more.
5%
18. Employees shall receive a differential when performing lead abatement assignments.
5%
19. All Water Division Personnel who are assigned the responsibility of a troubleshooter or assigned to the power shift shall receive a differential when performing such assignment.
5%
20. All Storekeepers when assigned full time supervisory responsibility in the absence of any other on-site supervisors.
5%
21. Stand-By/Call-Out Pay
a. Employees in the classifications and/or Divisions/Sections listed below will receive two (2) hours of straight time pay for the days they are regularly scheduled to work and are assigned to stand-by/call-out duty, and three (3) hours of straight time pay for the days they are not regularly scheduled to work (days off) but are assigned to stand-by/call-out duty, and, . effective May 25, 2025, four (4) hours of straight time pay for Sundays when they are not regularly scheduled to work but are assigned to stand-by/call-out duty. This extra stand-by/call-out duty pay will only be provided when assigned to perform stand-by/call-out duty, including situations in which an employee is covering for another employee who was scheduled for stand-by/call-out duty.
i. Employees in the following classifications in the Wastewater Systems Division of Public Works: Collection Systems
Leadworker, Collection Systems Journeyman, and Collection Systems Worker.
ii. For the Traffic Signal Section in Public Works Engineering: As assigned.
iii. For the Water Division in Burbank Water and Power: As assigned.
iv. Forensic Specialist and Forensic Specialist Supervisors : As assigned.
v. Employees in the following classifications in Building Maintenance in Public Works: Construction & Maintenance Workers, Construction & Maintenance Leadworkers, Carpenters, and Carpenter Leadworkers. See Exhibit F.
vi. For the Landscape and Forestry Services Division in Parks and Recreation: Eligible titles include, but are not limited to: Forestry
ARTICLE II
14 Services Supervisors, Landscape Services Supervisors, Senior Tree Trimmers, and Senior Groundskeepers. See Exhibit G. vii. Senior Animal Control Officers and Animal Control Officers : As assigned.
viii. Security Guards and Senior Security Guards in Burbank Water and Power: As assigned.
b. As stated in Article VIII, Section A , employees who are assigned to perform stand-by/call-out duty, including employees who cover for another employee on stand- by/call-out duty, will only receive a minimum overtime payment of two (2) hours when called back to work during their non- regularly scheduled work hours.
b.c. Effective May 25, 2025, employees on stand-by/call-out duty who are called in to work will be paid overtime for up to one hour of travel time, starting from when they receive the call until they arrive at the worksite. This travel time will count toward the two- hour minimum payment. Employees will not be compensated for travel time after completing their work duty.
c.d. It is the intent for all stand-by/call-out crews to be filled on a volunteer basis. However, if a stand- by/call-out crew is not fully staffed, the Department will assign employees specified in Section H.21.a. above, on a rotational basis that is equitable for all employees as determined by the Department, and participation will be mandatory in order to fill the operational need.
22. When an employee in the Water Division who is being paid a differential under (21 ), above, to work stand- by duty responds to a call using the computer or mobile device and is not required to respond to the job site.
Two (2) hours of overtime for each incident.
23. Effective the beginning of the pay period immediately following Council adoption, when When an employee in the Security Guard or Senior Security Guard classification in the BWP security office section, who is being paid a differential under (21) above to work stand-by duty, responds to a call using the computer or mobile device and is not required to respond the job site.
Two (2) hours of overtime for each incident.
24. Effective the beginning of the pay period immediately following Council adoption, Carpenters and Carpenter Leadworkers , who are being paid a differential under (21) above, will receive an additional 5% for being called in to perform, and actually performing, plumbing duties.
25. Any affected employee required to handle, work with, or remove asbestos. 5% for the hours actually working with or removing asbestos.
26. Utility Worker assigned full time to the handling of hazardous material at the
ARTICLE II
15 Recycling Center.
10%
27. Employees designated by their department and certified by the State to operate a mobile crane. Management has the right to determine the number of employees who will receive this differential. In the Parks and Recreation Department, employees c urrently certified and trained will receive this pay at least until the time of their next certification.
Effective the beginning of the pay period containing July 1, 2023: 2%
28. In order to maintain a qualified work force and retain employees in hard to fill positions, the City will provide a retention bonus under the following guidelines.
A. Management will have the option at its discretion to offer a retention bonus to any class represented by BCEA. The selection of the class and the amount of the bonus will be totally at the option of management, but BCEA will be consulted prior to the implementation of a retention bonus.
B. Management may at its option discontinue the retention bonus for any class, but must first discuss the r easons for the discontinuance with BCEA.
Effective May 25, 2025: Up to 5.25%8%
29. One person, either a Senior Water Plant Mechanic, Senior Water Plant Operator, Water Plant Mechanic or Water Plant Operator to be assigned as a Hazardous Materials Trainer in the Water Division.
5%
30. Pipefitters, Pipefitter Operators and Water Meter Mechanics who are assigned by the department to serve as a trainer for the Pipefitter Apprentice Program. Effective June 25, 2023, Pipefitter Operators and Water Meter Mechanics who are assigned by the department to serve as a trainer for the Pipefitter Apprentice Program are also eligible for this differential.
7.5%
31. All employees in the classification s of Jailer , Communications Operator, Police Technician, Senior Property and Evidence Technician, Property and Evidence Technician, Police Records Technician, Forensic Specialist, Parking Control Officer, and Senior Clerk who are assigned by the Police Department the responsibility of supervising and training newly hired employees in their respective Department Section shall receive compensation when performing such assignment.
$2.00/hour
32. Effective the beginning of the pay period following Council adoption, BCEA employees specified in this section may be eligible to receive a maximum
ARTICLE II
16 of 7.875% of base pay for any combination of the following certifications:
a. Professional Engineer (PE) Certification – 2.625%
Burbank Water & Power ( BWP) employees and Public Works Department employees in titles with minimum qualifications that do not require a PE certification, who have taken and passed a California engineering proficiency exam , and who are registered and active with the State of California will receive the differential.
b. Project Management Professional (PMP) Certification* – 2.625% BWP employees who hold a PMP certification are eligible to receive the differential at the discretion of the department.
c. Lean Six Sigma Black Belt* – 2.625%
BWP employees who have earned a Lean Six Sigma Black Belt are eligible to receive the differential at the discretion of the department. *Note: except for the Professional Engineer (PE) certification differential, the department will have the discretion to grant or remove each differential based on whether employees are actually using the certification in their work. Up to 7.875%
33. Pool Technician: Upon completion of the Los Angeles County Pool Service Technician certification (Certified Technician), one employee in the Building Maintenance Section of the Public Works Fleet & Building Division holding the position of Carpenter Leadworker, Carpenter, Construction & Maintenance Leadworker, or Construction & Maintenance Worker will be assigned as a Certified Technician and will receive $200 biweekly. Should there be more than one Certified Technician, the assignment will be rotated based on the operational needs of the D epartment such that only one employee will receive the $200 biweekly amount at any given time. Upon completion of the Los Angeles County Technician Apprentice certification (Apprentice), all other employees in the listed titles who are not Certified Technicians will receive an additional $2 per hour when assigned to perform pool duties . In addition, in the event that there are multiple Certified Technicians, employees who are not assigned to the role will only receive the additional $2 per hour when performing pool duties until they are assigned to the Certified Technician role, based on the D epartment- designated rotation.
34. Employees assigned to operate specialized equipment to perform welding duties on bins in the Solid Waste Section of Public Works, or welding on sweepers, solid waste vehicles, and bins in the Fleet Section of Public Works will receive $12 per hour when operating such equipment as assigned by the Department.
35. A $200 biweekly differential will be provided to a maximum of four employees who become Certified Arborists in the Forestry Section of Parks and Recreation. Should more than four employees become Certified Arborists, the Department will identify and assign employees on a rotating basis such that only a maximum of four employees will receive the
ARTICLE II
17 differential at any given time.
36. A $200 biweekly differential will be provided to a maximum of four employees in the Landscape Services Supervisor, Senior Groundskeeper, and Groundskeeper classifications who become Certified Playground Safety Inspectors in the Landscape Section of Parks and Recreation.
Should more than four employees become Certified Playground Safety Inspectors, the Department will identify and assign employees on a rotating basis such that only a maximum of four employees will receive the differential at any given time.
37. Employees in the Senior Water Plant Mechanic, Water Plant Mechanic, Water Plant Operator, Senior Water Plant Operator, Pipefitter Apprentice, Pipefitter, Pipefitter Operator, Cross Connection Control Specialist, and Water Meter Mechanic classifications will be eligible to receive the differentials listed below for obtaining any combination of additional certification levels of Water Distribution Operator or Water Treatment Operator certifications issued by the State of California Department of Public Health above the certificate levels required of the minimum qualifications of their classification. Effective the beginning of the pay period immediately following Council adoption, employees may only receive up to 5% even if more than five certification levels are obtained.
• Level 1 Distribution (D1): 1% of base pay.
• Level 2 Distribution (D2): 1% of base pay.
• Level 3 Distribution (D3): 1% of base pay.
• Level 4 Distribution (D4): 1% of base pay.
• Level 5 Distribution (D5): 1% of base pay.
• Level 1 Treatment (T1): 1% of base pay.
• Level 2 Treatment (T2): 1% of base pay.
• Level 3 Treatment (T3): 1% of base pay.
• Level 4 Treatment (T4): 1% of base pay.
• Level 5 Treatment (T5): 1% of base pay.
Example: If an employee has achieved Level 5 Distribution and their classification does not require any certifications as a minimum qualification, then the employee is entitled to a 5% differential because Levels 1 through 4 Distribution are superseded by Level 5 . If the same employee achieves additional Levels of certification in the Treatment series , the employee still only receives a 5% differential since the differential is capped at 5%.
38. Effective the beginning of the pay period immediately following Council adoption, employees in the Collection Systems Worker, Collection Systems Journeyman, and Collection Systems Leadworker classifications will receive 1% of base pay for each California Water Environmental Association (CWEA) grade level starting at the first level in the Collection System Maintenance certificate program. Employees in the Collections Systems Worker and Collection Systems Journeyman classifications are
ARTICLE II
18 eligible to earn a maximum of 3% ; employees in the Collection Systems Leadworker classification are eligible to earn a maximum of 4%.
39. Effective the beginning of the pay period immediately following Council adoption, establish the following differentialsForensic Specialist Differentials:
• 5% of Forensic Specialist top step salary: employees in the classification of Forensic Specialist and/or Forensic Specialist Supervisor who possesses a current International Association for Identification certificate for Crime Scene Investigator, Crime Scene Analyst, or Senior Crime Scene Analyst.
• 7.5% of Forensic Specialist top step salary: employees in the classification of Forensic Specialist and/or Forensic Specialist Supervisor who meet the requirements above and have been recognized as a court-qualified expert and latent print examiner, and who have demonstrated the ability to perform complex latent print comparisons, as determined by their supervisor (i.e., Forensic Specialist Supervisor and/or Investigation Division Lieutenant). This differential will be provided instead of, not in addition to, the 5% differential above.
Up to 7.5% total
40. Effective the beginning of the pay period immediately following Council adoption, Communications Operators and Communications Supervisors in the Police Department are eligible to receive POST pay as follows:
• Intermediate POST Certificate: 3%
• Advanced POST Certificate: 4%
• Supervisory POST Certificate: 5%
Up to 5% total (percentages do not add together as employees obtain additional POST Certificates)
41. Effective May 25, 2025, Public Works employees in the Traffic Control Journeyman title w ith current International Municipal Signal Association (IMSA) certifications listed below shall receive additional compensation as follows:
• IMSA Work Zone Temporary Traffic Control Technician: 2% • IMSA Signs & Pavement Markings Technician I: 2%
• IMSA Signs & Pavement Markings Technician II: 2%
Up to 6% total
42. Effective May 25, 2025, employees in the classifications of Accountant, Sr.
Accountant, and BWP Utility Accounting Analyst, with a current C ertified Public Accountant (CPA) license shall receive additional compensation. 5%
43. Effective May 25, 2025, Community Development Department employees
ARTICLE II
19 in the classifications of Assistant Planner, Associate Planner, Planning Technician, Assistant Transportation Planner, Associate Transportation Planner, with a current American Institute of Certified Planners (AICP) certification shall receive additional compensation.
2.5%
44. Effective May 25, 2025, Community Development Department employees in the classifications of Assistant Planner, Associate Planner, Planning Technician, Assistant Transportation Planner, Associate Transportation Planner, with a current Professional Transportation Planner (PTP) certification from the Institute of Transportation Engineers (ITE) shall receive additional compensation.
2.5%
45. Effective May 25, 2025, Community Development Department e mployees in the Building Inspector I title, with a current International Code Council (ICC) Residential Building Inspector , Zoning Inspector, Property Maintenance Inspector certification, or equivalent certification per state requirements and who maintain current ICC certifications listed below shall receive additional compensation as follows:
• ICC California Commercial Electrical Inspector: 2%
• ICC California Commercial Mechanical Inspector: 2%
• ICC California Commercial Plumbing Inspector: 2%
Up to 6% total
46. Effective May 25, 2025, employees in the Fire Inspector I and Fire Inspector II titles with a current International Code Council (ICC) Underground Storage Tank Inspector certification shall receive additional compensation.
2.5%
47. Effective May 25, 2025, non -supervisory employees in the Forestry and Landscape divisions of Parks and Recreation with a Class A Driver’s License and a Tanker Endorsement are eligible for an additional 2.5% of their base pay when assigned to water trees using a water truck. This additional compensation is only provided while actively assigned to the task on a one- month rotating schedule, determined by seniority . Assignments occur during the department -designated hot season, which lasts approximately four months on average.
48. Effective December 16, 2007, to enhance their ability to complete their job duties, employees in the classifications of Fleet Maintenance Apprentice, Fleet Maintenance Technician, and Senior Fleet Maintenance Technician who maintain current Automotive Service Excellence (ASE) certifications will receive additional monthly compensation as listed below; e mployees must provide certification documentation to their department for verification before compensation begins; payments shall commence the pay period following submission of a PAF from the department once proof of certification has been verified.
ARTICLE II
20 Monthly Compensation (amounts do not compound):
Number of
ASE
Certificates
Fleet
Maintenance
Apprentice
Fleet
Maintenance
Technician
Senior Fleet
Maintenance
Technician
One $38.00 $38.00 $38.00
Two $75.00 $75.00 $75.00
Three N/A $113.00 $113.00
Four N/A $150.00 $150.00
Five N/A N/A $188.00
Six N/A N/A $225.00
SECTION I WORKING OUT-OF-CLASS
1. OUT-OF-CLASS
The City shall pay employees for working out -of-class because of a temporary position vacancy. Except for exclusions contained within this section, the following provisions apply:
A. When the temporary job assignment for employees is one “normal” working day or longer, payment will be effective beginning the first day.
B. Work performed for less than eight (8) hours on the first day of such assignment shall not be eligible for out -of-class pay, except for the classification of Solid Waste Truck Operator which shall be entitled to working out -of-class pay commencing with the first hour of work and part-time employees shall be entitled to working out-of-class pay commencing with the completion of one “scheduled” work day.
C. Any person assigned to working out of class shall receive 7.5% or the bottom of the range of the classification in which the person is working out-of-class, whichever is greater. If 7.5% exceeds the top of the range of the classification in which the person is working out - of-class, the person will receive a flat 5% or the top of the range of the classification in which the person is working out -of-class, whichever is greater.
D. Part-time employees shall be eligible for working out-of-class on the same basis, as a full -time employee, except that their “work day” shall be their hours worked at the out-of-class position.
E. There will be no out-of-class pay when filling in for an Executive Assistant on “N” days and vacation days. The City will pay out of class for a Senior Secretary who works as an Executive Assistant for at least fourteen days as a result of vacations, catastrophic illness, return from IOD, FMLA or CFRA time off, pending recruitment , approved leave of absence, administrative leave or suspension, jury duty, etc.
ARTICLE II
21 F. Time spent working out -of-class in a classification to which an employee is subsequently promoted will not be deducted from the employee’s probationary period for that classification.
2. “CLASS” OR “CLASS OF POSITION” DEFINITION
A group of positions which is substantially so similar with respect to difficulty, responsibility, and character of work as to require the same kind and amount of training and experience for proper performance and to merit equal pay. The class specificatio ns are to be considered descriptive and explanatory and not necessarily inclusive or exclusive.
3. “WORKING OUT-OF-CLASSIFICATION” DEFINITION
An employee who spends at least 51% or more of his or her time performing duties of a higher level which are not generally included in his or her class specification.
4. DETERMINING WHETHER A VACANT POSITION SHOULD BE FILLED A. Department managers will first determine whether the position must be filled.
B. The department manager will then determine whether the more responsible functions of the position can be assumed by the next higher level.
C. The department manager will then determine whether the balance of duties may be dispersed to a number of other positions.
D. If it is not possible to accommodate the work load using items A, B, and C above, the department manager may recommend that an employee be assigned to work out-of-classification.
E. If an employee feels he or she is working out -of-class, he or she should discuss it with his or her immediate supervisor.
5. STANDARDS
A. Employees whose job specifications require that they act in the absence of the next level of supervision are not included under this policy. When in the past this standard has been waived, it will continue to be waived and the employee will receive the out-of-class pay as provided in this Article.
B. Individuals hired specifically to temporarily fill a position vacancy due to illness, vacation, or leave of absence are excluded.
C. Individuals appointed to work out -of-classification will be selected using the same standards as a promotion and must meet the minimum qualifications of the position to be filled. The City will rotate
ARTICLE II
22 out-of-classification opportunities of longer than two (2) pay periods duration when more than one interested employee, within the chain of command and where the opportunity arises, meets the minimum qualifications (the parties agree that, if the assignment is longer than two (2) pay periods , the assignment shall be rotated from the beginning). It is agreed by the parties that the phrase “within the chain of command” means those traditional classifications in one or more work units and in one or more divisions from which the City has drawn employees when an out-of-class opportunity arose in the past.
Working out -of-classification for two (2) pay periods or longer will require a Personnel Action Form (PAF).
D. If a Senior Recreation Leader or a Recreation Coordinator is teaching a class or supervising a seasonal program and/or conducting a scheduled activity, the City may exempt such parties from this rotation during the life of the class, activity, and/or program, as long as such exemption does not exceed nine (9) weeks. When such an exemption is made by the City, then the employee(s) exempted shall be given priority to rotate at the next available opportunity.
E. In those rare instances when no employee within the department meets minimum qualifications for the position, eligibility will be based upon possession of the greatest number of standards related to minimum qualifications. Appointments in this case shall be limited to temporary vacancies due to leave, illness, etc., and shall be limited to two (2) pay periods.
F. The employee must be capable of handling the major duties of the position without any more supervision or instruction than that which would be necessary if the person being replaced was working.
G. The mere doing of certain portions of the higher position or only performing the less difficult parts until the position is filled is not work out-of-class.
SECTION J OUT-OF-CLASS/UPGRADE APPEAL
1. If an employee feels that he or she is improperly classified he or she should obtain a Position Information Questionnaire from his or her immediate supervisor or the Management Services Department, fill it out, and present it to the supervisor with a br ief memo requesting a position audit . The supervisor will review the request.
2. The supervisor will discuss the request with the department manager within ten (10) working days.
3. If the department manager determines that the employee is working within
ARTICLE II
23 the proper classification, he or she will notify the employee within ten (10) working days.
4. If the department manager feels that a classification change is necessary for a more efficient operation, he or she will prepare a Position Audit Request form and submit this form with the employees’ memo and Position Information Questionnaire to the Management Services Department. The Management Services Department shall notify the BCEA upon initial receipt and subsequent findings of all audit request originally initiated by the employee.
5. The Management Services Department will audit the position and make a recommendation to the City Manager within thirty (30) working days of receipt of a completed Position Information Questionnaire.
6. If the City Manager determines that an employee has been working out-of- classification, the employee will be compensated at the higher rate from the period of time the Position Information Questionnaire and the brief memo requesting a position audit was submitted to the immediate supervisor (with a copy to the department manager) to the time when the employee is either returned to duties that no longer constitute WOC or is promoted.
7. An employee may appeal the decision of his or her department manager or the Management Services Department by filing a written grievance with his or her department manager within fifteen (15) working days of the decision.
SECTION K UNIFORMS
1. POLICE, AND FIRE, AND ANIMAL SHELTER UNIFORM ALLOWANCE A. For the below listed police , and fire, and Animal Shelter classifications, the City shall provide annual uniforms as determined by the department head with the notification and input of BCEA. The City will administer this Section in good faith so that employees will continue to receive quality uniforms in proper quantities. The uniforms will be of a quality and style mutually agreed upon between the City and the BCEA and will be no less than the quantity previously provided by the BCEA under the 1986/88 Memorandum of Understanding. For all such employees, replacement uniforms shall be provided as needed except empl oyees will bear the replacement cost if a uniform is lost or is deliberately damaged by the employee. Also, the cost of changing uniform sizes more than four (4) times in any eighteen (18) month period shall be borne by the employee except when such changes are due to pregnancy or medical conditions:
POLICE CADET
POLICE RANGE PERSONNEL
POLICE TECHNICIAN
ARTICLE II
24 CROSSING GUARD
PARKING CONTROL PERSONNEL
CLERICAL PERSONNEL
POLICE RECORDS TECHNICIAN
POLICE RECORDS TECHNICIAN SUPERVISOR
KENNEL ATTENDANT
ANIMAL CONTROL PERSONNEL
FIRE PREVENTION PERSONNEL
FIRE SAFETY ANALYST
FORENSIC SPECIALIST
FORENSIC SPECIALIST SUPERVISOR
JAILER
B. The employee will be responsible for the cleaning and normal maintenance of such City purchased uniforms.
C. The City shall provide reimbursement to Crossing Guards and Field Service Representative II of up to $50 per pair of shoes not to exceed $100 annually.
2. COMMUNICATION OPERATORS
The City shall provide department issued polo shirts and a jacket or sweater. Employees will provide agreed upon pants, shoes, and belt. The quantity, quality and style will be mutually agreed upon between the City and the BCEA as outlined in Exhibit K. Replacement polo shirts, jackets and sweaters shall be provided as needed during the year except that employees will bear the replacement cost if the item is lost or is deliberately damaged or significantly faded by the employee. Employees will report damage to City issued polo shirts, jackets and/or sweaters in a timely manner.
3. UNIFORMS PROVIDED THROUGH LAUNDRY SERVICE
All employees who are currently provided uniforms including all Burbank Water and Power field personnel, shall receive no less than eleven (11) clean sets of uniforms per ten (10) working days. The City shall continue its policy of providing uniforms as required. The uniforms will be of a quality and style no less than that agreed to in the past.
4. FIELD EMPLOYEES
All City field employees will be issued uniform jackets and hats.
A. The City and BCEA agree that a Joint Labor Management Committee will convene to discuss any proposed changes to the jackets and hats policy. The parties further agree that the deadline for reaching agreement on these issues will be no later than one hundred twenty (120) days from the date that the committee is convened to discuss any proposed changes.
5. EQUIPMENT DAMAGE
ARTICLE II
25 Employees whose uniforms or personal equipment are damaged as a result of on duty accidents or incidents shall be entitled to indemnification for the losses involved, provided the loss or damage is not the result of unreasonable abuse or neglect by the employee. Also, in the case of “personal equipment” as mentioned in this section, the City will indemnify the employee only if:
A. The equipment was being utilized for the benefit of the City;
B. The employee took reasonable safeguards to protect the equipment, and;
C. The cost of the equipment was reasonably related to its use.
6. RETURN OF UNIFORMS AND PATCHES
All uniforms (including patches) will be returned to the City upon the employee’s separation from City employment.
7. UNIFORM VALUE
All employees who receive uniforms, as described in this Section, shall have the value of those uniforms, as determined by the City, reported (on a bi - weekly basis) to the Public Employees’ Retirement System (PERS) for retirement purposes to the extent required by law.
SECTION L DRESS CODE
1. Employees will be subject to the City’s Administrative Procedure II -55 regarding City Uniform and Dress Code.
2. SAFETY STANDARDS AND CAL-OSHA REGULATIONS
All safety standards and/or regulations are to be observed at all times. If in doubt whether or not an article of clothing or jewelry is hazardous to the safety of the employee or his/her co- workers, the City Safety Office shall be consulted.
SECTION M TOOL ALLOWANCE
Effective May 25, 2025, T the City shall provide a tool allowance not to exceed $ 500 $805 annually for the purpose of purchase, maintenance and/or replacement of normally used tools. The payments shall be made in two equal payments on the first pay date in December and the first pay date in June of each year. An employee who has not worked continuously the previous six months shall be given a pro rata share
of the tool allowance. This tool allowance shall be available to employees in the following classifications:
ASSISTANT TRAFFIC SIGNAL TECHNICIAN
FLEET MAINTENANCE TECHNICIAN
FLEET MAINTENANCE APPRENTICE
FLEET UTILITY WORKER
FIRE EQUIPMENT MECHANIC
ARTICLE II
26 FIRE EQUIPMENT SPECIALIST
HELICOPTER MECHANIC
SENIOR FLEET MAINTENANCE TECHNICIAN
TRAFFIC SIGNAL ASSOCIATE
TRAFFIC SIGNAL TECHNICIAN
1. The City shall provide a tool allowance not to exceed $100 annually for Tire Maintenance Worker for the purpose of purchase, maintenance and/or replacement of normally used tools. The payment shall be made in two equal payments on the first pay date in December and the first pay date in June of each calendar year. An employee who has not worked continuously the previous six (6) months shall be given a pro rata share of tool allowance.
SECTION N MILEAGE REIMBURSEMENT
1. Employees who are required to use a personal vehicle for performance of their duties shall be reimbursed at the Internal Revenue Service mileage rate.
2. Approved out-of-area travel shall be reimbursed according to the cost of most economical mode of transportation reasonably available.
SECTION O ONE-TIME LUMP SUM INFLATION AND RETENTION PAYMENT $5,000 per employee (full-time*), $2,500 per employee (part-time*) paid in two installments: 1) $2,500 ($1,250 for part-time) as soon as practical following Council adoption, 2) $2,500 ($1,250 for part-time) the pay date of December 7, 2023.
*For this section only, employees who are scheduled to work 30 or more hours per week are defined as full-time employees, and employees who are scheduled to work 29 or fewer hours per week are defined as part-time employees. As-Needed employees are not eligible for the One-Time Lump Sum Inflation and Retention Payment.
ARTICLE III
27 ARTICLE III
FRINGE BENEFITS
SECTION A §125 FLEXIBLE BENEFIT PLAN CONTRIBUTION
1. The City shall make a monthly contribution to each eligible member of the unit to be used toward the § 125 Flexible Benefit Plan. These funds shall only be used for qualified benefits as provided for in 26 USC § 125. All excess benefit dollars shall be added to each employee’s taxable earnings.
Discussion of new flexible benefits to be covered like Long Term Care and other possible options.
A. Insurance Committee - The BCEA reserves the right, during the term of this agreement, to call for the establishment of a
union/management committee to meet and confer to explore alternatives to current, and/or new insurance plans. The committee will convene within thirty (30) calendar days of the BCEA’s written request to the City to establish said committee.
2. All employees must enroll in one of the PERS health program plans, unless they:
A. Submit to the City both proof of health coverage, and
B. Sign a health insurance waiver.
C. Employees who fail to complete both requirements shall not be allowed to utilize their § 125 Flexible Benefit Plan contributions for any other eligible plans.
D. Employees who meet both requirements shall be allowed to utilize their § 125 Flexible Benefit Plan contributions for any of the other qualified benefits as provided for in 26 USC § 125.
3. The definition of eligible employee for this article shall be as follows:
A. Employees who regularly work 30 to 40 hours a week are defined as full-time employees.
B. Employees who regularly work 20 to less than 30 hours a week are defined as part-time employees.
4. For purposes of this section, employees that were hired for less than forty (40) hours a week shall have their actual hours worked audited June 30th of each calendar year. This audit shall cover the previous twelve (12) month period of July 1st to June 30th. Affected employees will be notified of the result of this audit at least three working days prior to the annual health fair.
New employees will be audited every six months. The City will provide the BCEA Quarterly Reports of the Part-Time Hours of Work and Benefit Status.
Such audits shall be used to adjust the employee’s fringe benefit status compared to their original hiring condition. This adjustment will be effective
ARTICLE III
28 for the twelve (12) month period beginning January 1st through December 31st of the following year. In addition, the parties agree that in order to comply with the current PERS contract, this section will not be applicable to the part -time classifications of Crossing Guard, Library Page, or Messenger-Bill Deliverer. However, these three classifications will continue to be audited for the purpose of adjusting floating holidays (Article V, Section B. 4) and personal leave time ( Article VII, Section G.5.) Furthermore, part-time employees that have a permanent change in established work hours (added or deleted) shall, upon certification of the Department Head and processing of a PAF indicating such change, move immediately into the appropriate fringe benefit status level.
SECTION B CITY § 125 FRINGE BENEFIT CONTRIBUTION
1. Effective January 1, 2008 or upon implementation of the Oracle Payroll software, whichever is later, this monthly contribution will be distributed to employees in equal amounts over the 26 pay periods throughout each year.
A. The City will contribute the statutory minimum for employees and retirees under the Public Employees’ Medical & Hospital Care Act (PEMHCA).
B. Active full-time employees hired prior to January 1, 2006 will receive a base cafeteria amount of $515.19 per month. The PEMHCA minimum is included in the base cafeteria amount.
C. Active full- time employees hired on or after January 1, 2006 will receive a base cafeteria amount of $300 per month. The PEMHCA minimum is included in the base cafeteria amount.
D. Active part-time employees hired prior to January 1, 2006 will receive a base cafeteria amount of $257.60 per month. The PEMHCA minimum is included in the base cafeteria amount.
E. Active part -time employees hired on or after January 1, 2006 will receive a base cafeteria amount of $150 per month. The PEMHCA minimum is included in the base cafeteria amount.
2. In addition to the § 125 fringe benefit contribution as provided in Section B.1. of this Article, the City will make additional §125 contributions towards the cost of medical premiums for full time eligible employees as shown on the chart below. Such medical premium contributions above the §125 fringe benefit contribution amounts will be for premium cost only.
Effective December 1, 20222024, the Total Potential Allowance for eligible employees will be as follows:
ARTICLE III
29 FOR FULL-TIME EMPLOYEES HIRED PRIOR TO 01-01-06
PLAN OPTION CAFETERIA ADDITIONAL “UP
TO” MEDICAL
TOTAL
POTENTIAL
ALLOWANCE
1 PARTY $ 515.19 $ 146214.81 $ 662730.00
2 PARTY $ 515.19 $ 808943.81 $ 1,3241,459.00
FAMILY $ 515.19 $ 1,2041,379.81 $ 1,7201,895.00
FOR FULL-TIME EMPLOYEES HIRED ON OR AFTER 01-01-06
PLAN OPTION CAFETERIA ADDITIONAL “UP
TO” MEDICAL
TOTAL
POTENTIAL
ALLOWANCE
1 PARTY $ 300.00 $ 362430.00 $ 662730.00
2 PARTY $ 300.00 $ 1,0241,159.00 $ 1,3241,459.00
FAMILY $ 300.00 $ 1,4201,595.00 $ 1,7201,895.00
EFFECTIVE 12-01-2325
FOR FULL-TIME EMPLOYEES HIRED PRIOR TO 01-01-06
PLAN OPTION CAFETERIA ADDITIONAL “UP
TO” MEDICAL
TOTAL
POTENTIAL
ALLOWANCE
1 PARTY $ 515.19 $ 179251.81 $ 695767.00
2 PARTY $ 515.19 $ 8741,016.81 $ 1,3901,532.00
FAMILY $ 515.19 $ 1,2891,474.81 $ 1,8051,990.00
FOR FULL-TIME EMPLOYEES HIRED ON OR AFTER 01-01-06
PLAN OPTION CAFETERIA ADDITIONAL “UP
TO” MEDICAL
TOTAL
POTENTIAL
ALLOWANCE
1 PARTY $ 300.00 $ 395467.00 $ 695767.00
2 PARTY $ 300.00 $ 1,0901,232.00 $ 1,3901,532.00
FAMILY $ 300.00 $ 1,5051,690.00 $ 1,8051,990.00
3. In addition to the § 125 fringe benefit contribution as provided in Section B.1. of this Article, the City will make additional § 125 contribution towards the cost of medical premiums for part time eligible employees as shown on the chart below. Such medical premium contributions above the §125 fringe benefit contribution amounts will be for medical premium cost only.
Crossing Guards, Library Pages and Messenger -Bill Deliverers are not eligible for contributions as provided in Section B.1 of this Article, nor the contributions shown on the chart below.
ARTICLE III
30 EFFECTIVE 12-01-2224
FOR PART-TIME EMPLOYEES HIRED PRIOR TO 01-01-06
PLAN OPTION CAFETERIA ADDITIONAL “UP
TO” MEDICAL
TOTAL
POTENTIAL
ALLOWANCE
1 PARTY $ 257.60 $ 73107.40 $ 331365.00
2 PARTY $ 257.60 $ 404472.40 $ 662730.00
FAMILY $ 257.60 $ 602690.40 $ 860948.00
FOR PART-TIME EMPLOYEES HIRED ON OR AFTER 01-01-06
PLAN OPTION CAFETERIA ADDITIONAL “UP
TO” MEDICAL
TOTAL
POTENTIAL
ALLOWANCE
1 PARTY $ 150.00 $ 181215.00 $ 331365.00
2 PARTY $ 150.00 $ 512580.00 $ 662730.00
FAMILY $ 150.00 $ 710798.00 $ 860948.00
EFFECTIVE 12-01-2325
FOR PART-TIME EMPLOYEES HIRED PRIOR TO 01-01-06
PLAN OPTION CAFETERIA ADDITIONAL “UP
TO” MEDICAL
TOTAL
POTENTIAL
ALLOWANCE
1 PARTY $ 257.60 $ 90126.40 $ 348384.00
2 PARTY $ 257.60 $ 437508.40 $ 695766.00
FAMILY $ 257.60 $ 644737.90 $ 902995.500
FOR PART-TIME EMPLOYEES HIRED ON OR AFTER 01-01-06
PLAN OPTION CAFETERIA ADDITIONAL “UP
TO” MEDICAL
TOTAL
POTENTIAL
ALLOWANCE
1 PARTY $ 150.00 $ 198234.00 $ 348384.00
2 PARTY $ 150.00 $ 545616.00 $ 695766.00
FAMILY $ 150.00 $ 752845.50 $ 902995.500
4. Effective July 1, 2007, the City will provide dental insurance for all employees working 30 or more hours per week. The insurance will have a composite rate not to exceed $118.00 and the employees will have a co- pay of $26.25 per month. Effective December 16, 2007 the co-pay will be $12.11 each pay period. Effective September 7, 2008, the City will pay the entire premium. Spouses and dependents will be covered if economically feasible under the financial provisions of this Section.
ARTICLE III
31 5. The City shall provide benefits for an Employee Assistance Program (EAP) at no premium cost to the affected employees. Effective July 1, 2008 mandatory EAP shall be on City time up to ten (10) hours. Any change within benefit levels shall be subject to meet and confer.
6. The City shall provide satisfactory short (STD) and long (LTD) term disability insurance coverage for all employees, at no premium cost to employees.
7. The City offers PERS sponsored health plans and a City sponsored dental plan. Delta Dental currently provides the dental program.
8. The medical premiums as provided in Sections B.2. and B.3. of this Article may only be applied towards health plans offered by the City or a plan recognized by the City.
9. The City and BCEA agree to add additional health care programs if approved by PERS.
10. Effective July 1, 2009 the City will provide VSP vision coverage (or a comparable plan) for full -time employees. Coverage is for the employee only; additional coverage for dependents may be purchased on a voluntary basis.
SECTION C LIFE INSURANCE
1. AMOUNT
Effective as soon as practical following Council adoption, the life insurance policy for employees represented by the Association shall be $50,000.
2. POLICY
This policy will carry an accidental death and dismemberment (AD&D) rider.
Effective as soon as practical following Council adoption, t he AD&D rider provides a benefit of up to $ 52,000 subject to the terms and conditions of the policy.
3. In addition to the AD&D benefit provided in Article III Section C.2. above:
the City will provide up to $50,000 Accidental Death and Dismemberment insurance subject to the terms and conditions of the policy. This benefit will be provided at no cost to the employees.
SECTION D MEDICARE
All employees hired on or after April 1, 1986, must be covered under Medicare. All newly hired employees will have a deduction from their paycheck to cover the cost of Medicare. The deduction and salary requirements are determined by federal regulations. In the event that any or all of the provisions of Medicare are no longer applicable to local government due to legislation or judicial action(s), the benefit set forth in this section shall be declared null and void, and the City’s requirement to provide this benefit shall cease.
ARTICLE III
32 SECTION E EDUCATIONAL TUITION REIMBURSEMENT
1. Effective as soon as practical following Council adoption, the City shall reimburse employees covered by this Agreement for seventy -five percent (75%) of the cost, up to $5,000 per individual in any one fiscal year, of tuition, fees, books (including computer software and audio tapes that are required for class participation), and other supplies (except drafting equipment, tools, etc., which are retained by the employee following completion of the course) for courses which are directly related to the employee’s present position or promotion within the City, subject to the following conditions:
A. Criteria
(1) Eligibility for this program is limited to employees regularly employed for twenty (20) or more hours per week;
(2) The course for which reimbursement is requested must be approved as job- related or promotion- related by the
department manager on a form available in the Management Services Department office, prior to course enrollment;
(3) The employee must receive a grade no lower than “pass”, “C”, or their equivalents as reported by the institution giving the course;
(4) A completion certificate may be substituted for a grade report in pass-fail or other non-graded courses;
(5) The cost of tuition, fees, book, and other supplies must have not been previously paid by the City;
(6) Applications for reimbursement will be accepted no later than two months after course grades have been distributed.
(7) The educational reimbursement as provided for in this Section shall be subject to an annual cap of $150,000.
(8) Notwithstanding any provision of Administrative Procedure, II-3, which may be in conflict, the parties agree that eligible educational expenses incurred in one fiscal year may be "carried-over" in subsequent years until the full 75%
reimbursement has been fulfilled.
SECTION F WELLNESS PROGRAM
Effective the beginning of the pay period containing July 1, 2021 (which is 06/27/21), the City shall provide the applicable lump sum amount listed in Section F.1. and Section F.2. below per fiscal year to each employee with ten (10) or more years of service as a “Wellness” benefit. Such lump sum amount will be paid to
ARTICLE III
33 employees on the pay period containing July 1 of each year.
1. Full Time Employees: $225.00
2. Part-Time Employees: $112.50. For purposes of this section, part- time employees are defined as those employees whose number of scheduled hours per week are between 20 and 39 hours.
ARTICLE IV
34 ARTICLE IV
RETIREMENT
SECTION A PERS EMPLOYEE CONTRIBUTION
1. Effective June 19, 2016, BCEA employees who became members of PERS prior to January 1, 2013 (“Classic Members”) began contributing the full 8% member contribution. The City does not pay any portion of the Employer Paid Member Contribution (EPMC).
As a result of and in accordance with the Public Employees’ Pension Reform Act of 2013 (PEPRA), employees who became members of PERS on or after January 1, 2013, and are not considered Classic Members under PERS, shall be considered “New Members” and pay one-half of the normal cost rate, as set by PERS . The City shall not pay for any portion of the member contribution in accordance with Section 7522.30 (c) of the California Government Code. As of the date of Council adoption of this contract, the member contribution for New Members is 6.5% and is subject to change by PERS.
2. In implementing the provisions of paragraph 1 of this section, each affected employee shall be obligated to contribute any increase in employee contributions that should hereafter result from any state or federal enactment or action, which increases the total employee contribution rate above its current level of 8.0% for Classic Members and 6.5% for New Members.
3. The City currently has a contract with the Public Employees Retirement System (PERS) to provide miscellaneous Classic Members with a 2.5% at 55 retirement benefit, Section 21354.4 of the California Government Codes.
As a result of PEPRA, the City is mandated to provide a 2% @ age 62 retirement plan to New Members in accordance with Section 7522.25 (a) through (d) of the California Government Code.
4. CalPERS Cost Sharing. Effective the beginning of the last full pay period in fiscal year 2021/22 (which is 06/12/22), Classic Member employees will pay half the normal cost of their pensions, as determined annually by the CalPERS Actuarial Valuation Report, with a total employee contribution cap of 9.14%. The total employee contribution, including any cost sharing, will continue to be in effect beyond expiration of this MOU.
Effective the beginning of the last full pay period in fiscal year 2021/22 (which is 06/12/22), each Classic Member employee shall contribute an amount equal to 1.14% of compensation earnable towards the employer PERS contribution, which is separate from, and in addition to, the 8% employee contribution described in Section A.1. above, for a total contribution of 9.14%.
ARTICLE IV
35 SECTION B SURVIVOR BENEFITS
Effective July 16, 2003, the retirement benefits shall include Fourth Level of 1959 Survivor Benefits under Section 21574 of the California Government Code and Post-Retirement Survivor Allowance to Continue After Remarriage under Section 21266 of the California Government Code. The cost of this benefit will be paid by employees. To the extent that the miscellaneous employees’ surplus, held at PERS, is available to abate the cost payment, then this cost will be made from such funds. (Move from First Level to Fourth Level July 2003)
Effective July 16, 2003, the PERS Pre- Retirement Optional Settlement 2 Death Benefit under Section 21548 will be implemented. This will be implemented at no cost to the employee.
The spouse of a deceased member, who was eligible to retire from service at the time of death, may elect to receive the Pre-Retirement Optional Settlement 2 Death Benefit in lieu of the lump sum Basic Death Benefit. The benefit is a monthly allowance equal to the amount the member would have received if he/she had retired from service on the date of death and elected Optional Settlement 2, the highest monthly allowance a member can leave a spouse.
SECTION C FINAL COMPENSATION
Effective May 1, 1977, the City’s contract with PERS was amended to provide that employees’ retirement benefits are calculated to be predicated upon the employee’s highest one year (twelve months) pursuant to the provisions of Section 20042 of the California Government Code. This provision is applicable for Classic Members.
For employees who become New Members of PERS on or after January 1, 2013, the final compensation for each employee’s retirement benefits shall be calculated based upon the employee’s highest thirty -six months compensation pursuant to the provisions of Section 7522.32 of the California Government Code.
ARTICLE V
36 ARTICLE V
VACATION AND HOLIDAYS
SECTION A VACATIONS
1. FIRST VACATIONS
An employee shall be eligible to use his or her vacation time after it is accrued.
2. SUBSEQUENT VACATIONS (FULL TIME EMPLOYEES)
Thereafter, each employee shall be allowed an annual vacation with pay upon accrual, as follows:
A. Two (2) calendar weeks per year;
B. Upon the completion of five (5) years of continuous service, an additional calendar week shall be added to the allowance currently available and the annual allowance thereafter shall be three (3) calendar weeks per year;
C. Upon completion of fifteen (15) years of continuous service, an additional calendar week shall be added to the allowance currently available and the annual allowance thereafter shall be four (4) calendar weeks per year.
D. Vacation accrued in any current year may be taken in the year in which it is accrued.
E. Employees absent without pay (excluding FMLA) in excess of 40 hours in any one pay period shall not receive vacation accrual for that same pay period. This includes the additional week allowance at the completion of their 5
th and 15 th year of continuous service.
Employees shall be entitled to a pro- rated share of this additional week upon their return to a paid status. At that time, the additional week shall be pro-rated in the same manner as personal leave.
3. VACATIONS/HOLIDAYS
Whenever a legal holiday occurs during an employee’s vacation period, it shall not be charged as vacation.
4. VACATIONS/TERMINATION OF EMPLOYMENT
Upon resignation, death, or other termination of employment, all vacation leave accrued to the employee shall be granted and a cash payment shall be made.
5. VACATION SCHEDULING
The Department is responsible for scheduling the vacations of City personnel so that the vacation absenteeism does not interfere with productivity or require relief personnel. Scheduling of vacations for each year should be completed during the first of the year well before summer.
ARTICLE V
37 In case of situations in which personnel vacation preferences may conflict, there are three prerogatives available:
A. A system in which personnel alternate each year in receiving mutually preferred vacation dates.
B. A system of definite priorities based on the rank or seniority of the personnel with conflicting requests.
C. A system whereby the individuals with the conflicting requests informally get together and work out a solution to the conflict with the approval of the department or division head.
The department manager will decide which systems or combination of systems is appropriate for her/his particular department.
6. VACATION ACCUMULATION
Effective December 20, 2015, t otal vacation accumulation shall be limited to the following amounts based on years of employment:
Through completion of five years – 240 hours
Five years through completion of fifteen years – 360 hours Fifteen years and over – 480 hours
Once an employee reaches their accumulation limit, Vacation Leave will stop accruing until their balance falls below the limit.
7. VACATION-PART-TIME EMPLOYEES
A. ACCUMULATION
Total vacation accumulation for part -time employees shall be prorated based on the employee’s number of scheduled hours per week. Therefore, a part -time employee’s vacation accumulation shall be limited to the following amounts based on years of employment:
Through the completion of five years - the number of
scheduled hours per week multiplied by 6.
Five years through completion of fifteen years - the number of scheduled hours per week multiplied by 9.
Fifteen years and over - the number of scheduled hours per week multiplied by 12.
B. VACATION ACCRUAL
A part-time employee is entitled to the equivalent number of vacation accrual as a full-time employee; however, the manner of computation shall be based on the number of hours actually worked and paid leave hours (excluding overtime) per pay period. Therefore, a part -
ARTICLE V
38 time employee will be entitled to vacation as follows:
Through the completion of five years - the number of hours actually worked and paid leave hours (excluding overtime) per pay period multiplied by .0384615.
Five years through completion of fifteen years - the number of hours actually worked and paid leave hours (excluding
overtime) per pay period multiplied by .0576923.
Fifteen years and over - the number of hours actually worked and paid leave hours (excluding overtime) per pay period multiplied by .076923.
SECTION B HOLIDAYS
1. 1. Holidays will be compensated at the actual number of hours regularly scheduled.
a. Employees assigned to a 4-10 work schedule shall be compensated ten hours of holiday leave when a City-observed holiday falls on their regular ten-hour workday.
b. Pursuant to Article VIII.A.4.B.1., the City agreed to a 3- 12 schedule for certain employees with the contingency that it shall not result in any additional cost to the City; as such, employees assigned to a 3-12 work schedule shall be compensated nine hours of holiday leave when a City- observed holiday falls on their regular workday.
2. HOLIDAY SCHEDULES
A. Legal holidays shall be as follows:
January 1st, known as “New Year’s Day”
Third Monday in January, known as “Martin Luther King Day” Third Monday in February, known as “Presidents’ Day”
March 31st, known as “Dolores Huerta Day”
Last Monday in May, known as “Memorial Day”
June 19th, known as “Juneteenth National Independence Day” July 4th, known as “Independence Day”
First Monday in September, known as “Labor Day”
November 11th, known as “Veterans Day”
Fourth Thursday in November, known as “Thanksgiving Day” Friday following the fourth Thursday in November, known as “ Day after Thanksgiving”
December 25th, known as “Christmas Day”
Four hours on the afternoon of December 24th (known as Christmas Eve) or four hours on the afternoon of December 31st (known as New Year’s Eve). *
* NOTE: If an employee works both Christmas Eve and New Year’s Eve, the employee shall be entitled to overtime as provided for in Article VIII, Section F. for the four (4) hours
ARTICLE V
39 holiday worked. Alternatively, effective beginning December 1, 2023, instead of receiving overtime for working on both Eves, all Library Services Department staff and Community & Recreation Services staff in the Parks & Recreation Department may voluntarily, and at the discretion of their department, utilize the four hours of “Eve Leave” any ti me between December 1
st – January 31st. The department and the employee must mutually agree in advance on the specific date that the employee will take the four hour s of Eve Leave; the agreed upon date can only be scheduled once. If the operational needs of the department prevent the employee from taking the Eve Leave on the agreed date, or if the supervisor approves the employee working on that full day, the employee shall be entitled to overtime as provided for in Article VIII, Section F. for the four (4) hours holiday worked.
Any such other days as may be authorized by resolution of the City Council.
B. If a legal holiday falls on a day on which a provisional, probationary, permanent, or exempt employee would normally work, he or she shall be entitled to the day off with pay. If he or she works, the employee will be entitled to additional compensation for time worked at one and one- half (1½) times the base pay, with the exception of those employees in the BCEA professional/supervisory unit who will receive their normal rate of pay.
C. If any of the legal holidays under Article V, Section B fall on an employee’s day off, the nearest preceding or following work day, respectively, shall be the employee’s day off. If he or she works, the employee shall be entitled to additional compensation as provided in the rule on overtime, except if the employee is part of the BCE A professional/supervisory unit, except if the employee is part of the BCEA professional/supervisory unit.
D. Employees will only receive overtime compensation, as provided in Article VIII Section F, if they are required to work on a City designated holiday. If an employee is required to work on a Federal or State holiday that is not designated as a City holiday, the employee will not receive overtime pay for working on the Federal or State holiday.
For Example: Independence Day is a federally designated holiday that occurs on Saturday, July 4, 2015;
the City designates Friday, July 3, 2015, as the
City holiday. An employee will only receive
overtime compensation for working on the
holiday if they work on Friday, July 3, 2015.
E. Notwithstanding subsection D. above, employees in the Solid Waste Section receiving differential pay in Article II, Section H.1, shall be entitled to Christmas off. Should employees be required to work on Christmas, they shall be paid under the provisions of overtime.
Incentive Program eEmployees in the classification of Solid Waste Truck Operators shall be entitled to leave work as early asat 12pm, and when after as long as they have finished completed their routes
ARTICLE V
40 on City-observed holidays.
3. HOLIDAYS – PART-TIME EMPLOYEES
A. Regular part-time employees are subject to the provisions contained in this section in lieu of the provisions in Article V, Section B.1 and B.2. Part-time employees will continue to receive Floating Holidays in accordance with Article V, Section B.4.
B. Part-time employees receive a differential in lieu of the holidays provided to other BCEA e mployees in Article V, Section B, Subsection 2 . The maximum total potential annual differential is equivalent to the value of eight hours for twelve holidays plus four hours, for a total of 100 hours, at straight time. The value of these 100 hours is paid at the regular rate of pay over 26 pay periods, or at the value of 3.846 hours per pay period, and is prorated each pay period based on the number of hours actually worked and paid leave hours (excluding overtime) in that pay period. The per pay period prorated value is calculated each pay period by multiplying
0.0480769 by the number of paid hours during that pay period. The bi-weekly pro- rated hours resulting from the part -time Holiday differential calculation will be included in the bi -weekly part -time vacation and sick leave accrual.
C. Part-time employees that work on a City designated holiday are compensated at the overtime rate of one and one half (1 ½) time for the hours worked.
4. FLOATING HOLIDAYS
A. Full time employees are entitled to 16 hours of floating holiday time with pay, during the fiscal year.
Incentive Program eE mployees in the
classification of Solid Waste Truck Operator are entitled to two and a half floating holidays (20 hours), for
each contract year.
Floating holidays shall be pro- rated in a manner identical to personal leave in Article VII, Section G for part-time employees.
B. Any employee hired prior to July 1, 1978, may affix Admissions Day (September 9) and Lincoln’s Birthday (February 12) as their floating holidays if they notify the City by June 15 th of the previous fiscal year of his or her intentions. If these affixed holidays are designated floaters, the City will in good faith provide minimum staffing. In those work units which nevertheless must remain open, leave in compliance with this Sec tion shall not be denied solely on the basis of the City’s need to cover the position with an overtime replacement.
ARTICLE V
41 CB. Total floating holiday hours are available for use at the beginning of each fiscal year.
DC. Employees who are not in a pay status at the beginning of each fiscal year (not including FMLA or CFRA time) will have their floating holiday hours pro- rated in a manner identical to personal leave in Article VII, Section G upon their return to a paid status.
ED. Employees will be compensated at their regular hourly rate for unused floating holiday leave under this Section, not to exceed sixteen (16) hours, at the end of each fiscal year. Due to staffing needs it is difficult for employees in certain sections or job titles to be given Christmas Eve or New Years’ Eve off. This includes employees in the classification of Solid Waste Truck Operator Section on the Incentive Program, and employees in the titles of Water Operators , Sr. Water Operators, Security Guards or Sr. Security Guards.
Because of this, these employees will be compensated for unused floating holiday leave not to exceed twenty (20) hours (see Article V, Section B.4.A above).
ARTICLE VI
42 ARTICLE VI
SICK LEAVE
SECTION A USE
Sick leave shall not be considered as a right that an employee may use at his or her discretion. Sick leave is intended to provide protection against loss of earnings due to illness or injury, illness in the immediate family or for medical or dental appointments. Sick leave shall be granted by a Department Manager if an employee is disabled from a job incurred injury after exhausting his or her industrial accident leave.
SECTION B COMPENSATION FOR UNUSED PORTION AT RETIREMENT OR DEATH
1. If an employee with unused sick leave credit
A. dies;
B. resigns at the age of 50 or older with five (5) years of service and retires from CalPERS;
C. resigns to enter a City elective office without a break in continuity of City service and serves in such office or other City employment until retired under the PERS retirement system;
D. is laid off because of the abolition of his or her position or employment or because of the absence of funds;
He or she or his or her estate shall be entitled to receive one- half (½) the value of his or her accrued sick leave computed from the value of his or her accrued sick leave computed from his or her last base salary as an employee. Payment shall be made as soon as practicable following the occurrence of any of the foregoing events. Employees separated from City employment as a result of disciplinary action are not eligible for payment of any accrued sick leave.
2. Upon separation, Crossing Guards shall be entitled to payment of one- half the value of accrued sick leave, if they would have been eligible to retire if they were members of the PERS Retirement System. Crossing Guards do not become members of the City’ s Retirement System by virtue of this agreement.
SECTION C SICK LEAVE-ACCRUAL
1. An employee shall be entitled to 3.693 hours of sick leave for each pay period or major portion thereof, during which he or she is employed by the City with pay.
2. Part-time employees having provisional, probationary, permanent, or exempt status shall accrue sick leave on a pro rata basis, that is, the ratio
ARTICLE VI
43 of the average number of hours actually worked and paid leave hours (excluding overtime) to the 40-hour week.
3. In computing compensation payable for sick leave, the compensation paid shall be the amount the employee would earn during the sick leave period if working at his or her current rate of pay and work schedule without the inclusion of overtime earnings.
4. This subsection is not applicable to temporary employees working on an hourly basis.
SECTION D SICK LEAVE NOTICE
The employee shall notify the head of his or her department either prior to, or within two (2) hours after the time set for beginning his or her daily duties, or as may be specified by the head of his or her department. The City shall use the progressive disciplinary policy in order to police this section (and shall not use an automatic reduction in pay policy).
SECTION E SICK LEAVE-MEDICAL/DENTAL APPOINTMENTS
Sick leave may be used for medical and dental appointments and examinations.
The employee shall notify his or her supervisor not later than the workday prior to that appointment except in the case of emergency.
SECTION F SICK LEAVE-REVOKED
The City Manager shall revoke sick leave, if the employee or family member is not, in fact, sick or incapacitated from performing his or her duty, or if he or she has engaged in private or other public work while on such sick leave.
SECTION G SICK LEAVE-MEDICAL CERTIFICATE
When an employee is absent more than five (5) consecutive work days, the employee, upon their return to work, shall file with the department a physician’s or practitioner’s certificate or a personal affidavit form stating that the absence was medically necessary and any work restrictions, if applicable. If the employee is given work restrictions by their medical provider upon their return to work, the employee will be referred to the City of Burbank’s ADA Coordinator in the Management Services Department.
SECTION H SICK LEAVE-WITHOUT PAY
If an employee has not recovered by the time he or she has exhausted his or her accumulated sick leave, upon application the City Manager may grant him or her sick leave without pay. Such application shall not be unreasonably denied. If granted, usage shall be approved only in time increments not to exceed 30 days each, except for maternity and FMLA leave.
SECTION I SICK LEAVE CONVERSION
On January 1 of each year, an employee may convert up to a maximum of 30 hours accumulated sick leave at fifty percent (50%) cash value for the sole purpose
ARTICLE VI
44 of reimbursing the employee for medical costs. This conversion is subject to the following:
1. Only employees who have served a minimum of two (2) full-time continuous years of service shall be eligible.
2. Reimbursement shall be made only for medical and hospital costs not otherwise covered by the City’s medical insurance plan which are incurred by the employee and any of his or her dependents covered by the City’s medical insurance program. Reimbursemen t shall not be made for any dental or medical costs not eligible for coverage by the City’s medical insurance plan.
3. An employee is not eligible for this conversion policy unless he or she has in excess of 96 accumulated sick leave hours on the books as of the date of the conversion; no employee may convert accumulated sick leave hours so as to drop his or her total accumulated hours below 96 hours as of January 1 of each year.
4. An employee’s request for reimbursement will not be considered other than during the month of January.
5. Part-time employees , upon completion of two (2) continuous years of service, shall be allowed to convert sick leave in a pro rata manner.
SECTION J SICK LEAVE TIME BANK
In the event that an employee dies who has had a time bank established in his name, the remaining value of the time left in the bank will be treated in accordance with Administrative Procedure II -29 (Catastrophic Illness, Injury) or Administrative Procedure II-49 (Employee Assistance).
ARTICLE VII
45 ARTICLE VII
OTHER LEAVES OF ABSENCE
SECTION A LEAVES OF ABSENCE WITHOUT PAY
The City Manager may grant a leave of absence without pay to any employee, upon recommendation of the department manager. The department manager may grant a leave of absence without pay for a maximum of five (5) continuous days.
An employee desiring a leave of absence without pay for more than eighteen (18) consecutive hours shall file a written request therefore on forms provided by the Management Services Department. The request shall state the title of his or her position and the name of the employing department, the beginning and ending dates of the desired leave of absence, and a full statement of the reasons supporting the request. The department manager’s approval of a leave of absence without pay for a continuous period up to a maximum of eighteen (18) hours may be reported by noting on the time report. Such leaves of absence as described in this section will not be unreasonably denied.
SECTION B LEAVE-DEATH IN FAMILY
Any employee shall be entitled to take up to five days of bereavement leave in the event of the death of a member of their immediate family, provided a written leave request is filed. The City Manager may in his or her discretion, authorize pay for all or any portion not to exceed three (3) days . The additional two days of bereavement leave may be taken as authorized unpaid leave or the employee may use their own accrued leave. Any absence in excess of five (5) regularly scheduled workdays shall be in accordance with the existing provisions. For purpose of this Section the term “member of the immediate family” is limited to:
1. Any relative by blood or marriage who is a member of the employee’s household; and
2. Parents, step-parents, spouse, registered domestic partner, children, step- children, brother, sister, grandparents, grandfather/grandmother -in-law, grandchildren, great -grandparent and great -grandchild, son/daughter -in- law, father/mother-in-law, sister/brother-in-law, or responsible guardian or person who has acted in that capacity, regardless of place of residence.
SECTION C JURY LEAVE AND SUBPOENAS
1. Any employee in a pay status ordered to perform jury service or subpoenaed to court shall be entitled to leave of absence with pay, and without deduction from leave, at an amount equal to the employee’s regular earnings. In the case of subpoenas, the employee is eligible if the appearance time occurs during his or her normal working hours, and the employee is neither a party to the suit nor an expert witness.
2. All employees will receive regular pay during time actually lost from work due to jury duty or subpoenaed time. Employees will be excused from night shift assignments if they are scheduled for jury duty on the current day, or if the subpoena is for City related business.
ARTICLE VII
46 3. The term regular earnings in (1) above means full pay for regularly scheduled work, which the employee would have received had he or she not been called to jury service or subpoenaed, including shift premium or schedule differentials that would have res ulted from regularly scheduled work.
4. All time spent on jury duty or subpoena leave must be accounted for. If an employee is excused from jury service or subpoena on a normal workday, he or she is expected to report for work. Employees must account to their departments for any time off for illness or other reasons, while on jury duty or subpoena leave.
5. Upon completion of jury service or subpoenaed time, the employee shall submit to the City the warrant for jury fees, witness fees and/or mileage.
When an employee is served with a subpoena, the employee shall request witness fees.
6. Provisions of this section do not apply to part -time employees except that part time employees will be given 1 (one) day only of jury leave each fiscal year.
SECTION D EMERGENCY LEAVE
An employee may be excused from work without loss of pay for emergencies or special circumstances not covered by this Article. Such leave of absence may be granted by the department head for not to exceed one (1) day. For longer periods of time, approval of the City Manager is required.
SECTION E RELIGIOUS SERVICES
An employee who desires leave from work to attend religious services may be excused by the department head, or the City Manager, for not to exceed three (3) hours per fiscal year. This absence shall be leave without pay unless the employee chooses to use accrued vacation or in- lieu time or paid personal leave time.
Unless the services of employees are required by public necessity or convenience, they shall be allowed to absent themselves as herein provided.
SECTION F MILITARY LEAVE OF ABSENCE
An employee may be absent on military leave as authorized in Sections 395 through 395.8 of the Military and Veterans Code of California. An employee shall receive their City pay for a maximum of thirty (30) calendar days each fiscal year as authorized in Sections 395 through 395.8 or the Military and Veterans Code of California. The thirty (30) calendar days shall be those shown on the official orders.
The employee shall furnish to their department satisfactory proof of his or her orders to report for duty and of his or her actual service pursuant to such orders.
He or she shall be returned to City Service thereafter as provided in said Code.
ARTICLE VII
47 SECTION G PERSONAL LEAVE
1. Employees are eligible for one personal leave day with pay, during the fiscal year.
2. The purpose of personal leave is to provide employees with time throughout the year to take care of personal business that may arise.
3. Total personal leave hours are available for use at the beginning of each fiscal year.
4. Employees who are not in a pay status at the beginning of each fiscal year (not including FMLA or CFRA time) will have their personal leave hours pro- rated in accordance with Table 1 in this Section upon their return to a paid status.
5. The following table defines the amount of personal leave hours an employee may receive:
Table 1
YEARLY HOURS
WORKED
PERSONAL
LEAVE
TIME
FLOATING
HOLIDAY
TIME
2,080 8 hours 16 hours
1,820-2,079 7 hours 14 hours
1,560-1,819 6 hours 12 hours
1,300-1,559 5 hours 10 hours
1,040-1,299 4 hours 8 hours
780-1,039 3 hours 6 hours
520-779 2 hours 4 hours
260-519 1 hour 2 hours
6. Employees hired during the year will receive personal leave in accordance with the preceding schedule, as it corresponds to the number of projected work hours remaining in that fiscal year.
7. Personal leave does not accumulate from fiscal year to fiscal year.
8. The employee is not required to state any reason for utilizing personal leave.
9. Personal leave must be taken in increments of no less than one hour unless a smaller increment is approved at the discretion of the supervisor, upon
ARTICLE VII
48 request by the employee.
10. Personal leave shall be granted only upon prior request and approval of the division head and/or department manager.
SECTION H FAMILY MEDICAL LEAVE
1. Maternity Leave shall be subject to the City’s Administrative Procedure II- 23 regarding Maternity Leave and Administrative Procedure II -31 regarding Family Care and Medical Leave.
SECTION I ELECTION LEAVE
1. Employees registered to vote in a local, state or county election will be given time off to vote only if they do not have enough time to vote before reporting for work or after finishing work.
2. The employee requiring time off to vote shall notify his or her department manager via his or her supervisor at least one (1) working day before the election. The reason shall be stated.
3. If the employee does not have enough time to vote before reporting for work or after finishing work, he or she may take off as much working time as will enable him or her to vote.
4. Whether the time off is at the beginning or end of the working shift depends on whichever allows the employee the most free time for voting and the least time off from his or her regular working shift.
5. Employees who take time off to vote will be paid for no more than two (2) Hours of regular working time.
SECTION J INDUSTRIAL ACCIDENT LEAVE
1. ACCIDENTS IN THE LINE OF DUTY
If an employee is compelled to be absent from duty due to any injury or disease which comes under the State of California Workers’ Compensation Insurance and Safety Act, he or she shall receive compensation from the City for each such accident as follows: During the first twenty -six (26) calendar weeks of such absence, he or she shall receive compensation equivalent to his or her normal gross salary. After the first twenty -six (26) weeks, he or she shall receive compensation in accordance with and under the provisions of the Workers’ Compensation Insurance and Safety Act. He or she shall be entitled to all of sick leave or vacation benefits while she/he is receiving temporary disability indemnity under the provisions of the Workers’ Compensation Insurance and Safety Act at the discretion of the City Manager.
2. At the conclusion of the twenty -six-week (26) period as referenced above,
ARTICLE VII
49 he or she may be permitted to take as much of her/his accumulated sick leave or vacation, when added to his or her temporary disability indemnity will result in the payment to her/him, not to exceed 100% of normal gross salary.
3. “Normal Gross Salary” shall include differential pay that the employee would have otherwise been entitled. However, it shall not include any overtime pay.
4. Provisions of this section do not apply to temporary employees who do not have probationary or permanent status with the City.
SECTION K SENIORITY STATUS WHILE ON LEAVE
Industrial Accident or Illness leave will not constitute a break in service.
SECTION L EXPIRATION OF LEAVES
1. RETURN AT EXPIRATION OF LEAVE
Upon the expiration of any leave, other than a military leave, the employee shall be returned to the same class of position or to any position to which he or she has been eligible to transfer at the time his or her leave of absence was granted.
2. RETURN FROM TEMPORARY ASSIGNMENT
Upon the termination of a temporary assignment, a permanent employee shall be returned to his or her permanent position.
SECTION M REFUSAL OF LEAVES OF ABSENCE
No leave of absence shall be granted, and if granted it shall be revoked, where the Civil Service Board determines, after investigation instituted upon its own motion or upon complaint of any resident of the City, that the request for such leave of absence was for any of the following purposes.
1. Of accepting private employment;
2. Of enabling employment of a temporary employee to the same position;
3. Because of political pressure or other improper influence, or;
4. For a purpose contrary to the good of the service. The order revoking such leave of absence shall specify the effective date thereof and the employee shall be informed of the contents of such order forthwith.
SECTION N UNAUTHORIZED ABSENCE
Absence without prior approval for not less than one (1) day nor more than four (4) days during any calendar year shall be sufficient grounds for suspension without pay; absence without prior approval for five (5) days or more during any calendar year shall be sufficient grounds for dismissal.
ARTICLE VII
50 SECTION O PAID BENEFITS WHILE ON UNPAID LEAVE
Employees will be allowed a maximum of three (3) months paid benefits when on any combination of leaves without pay.
SECTION P PARENTAL LEAVE
Effective as soon as practical following Council adoption, the The City shall provide six weeks of paid parental leave, as set forth in the City’s policy regarding Paid Parental Leave.
ARTICLE VIII
51 ARTICLE VIII
HOURS OF WORK AND OVERTIME
SECTION A HOURS OF WORK - FULL TIME EMPLOYEES
Eight (8) hours of work shall constitute a workday. The workweek shall consist of five (5) consecutive workdays followed by two (2) consecutive days off. Unless otherwise specified, the workweek shall begin on Monday with Saturday as the first day off and Sunday the second day off. The City Manager may authorize deviations from the workweek, to include:
1. A workweek beginning other than on Monday the last two (2) days of which shall be considered as the “first day off” and “second day off” respectively.
2. A workweek beginning on Monday or any other day of the week depending upon shift assignment. Whenever a change in shift assignment results in an employee’s having more than two (2) consecutive days off before beginning his or her new workweek, his or her “second day off” shall be the second and fourth days off, respectively. Over a period of four (4) weeks or more, no employee shall be required as a part of his or her regular workweek to work more than an average of forty (40) hours per week under this deviation.
3. Such additional hours, including work on holidays, as may be required by public necessity or convenience.
4. It is acknowledged that both parties understand that the City must comply with the regulations issued by the Air Quality Management District (AQMD ). The implementation of a 4- 10 or a 3- 12 workweek will be at the discretion of the department head with the concurrence of the City Manager. The City and the BCEA agree to meet and confer on the rules under which a 4-10 or a 3-12 Plan would be implemented or removed.
A. 4-10 Schedule: The City of Burbank and the BCEA agree that the Helicopter Mechanic will be allowed to work a 4- 10 schedule to be consistent with the Glendale Airport personnel. The City of Burbank and the BCEA agree that the Forensic Specialist, fire prevention & fire clerical support staff, and Parking Control Officers will be allowed to work a 4-10 schedule. Both parties agree that the implementation and continuation of this alternate work schedule is solely at the discretion of the Police Chief/Fire Chief. With five (5) working days ’ notice, the Police Chief/Fire Chief can unilaterally change the schedule.
B. 3-12 Schedule: Personnel assigned to the Police Department Communications Center, Police Department Records Bureau, and the jail will be allowed to work a 3-12 schedule.
3-12 Schedule Maintenance: The 3-12 schedule is contingent upon the following components:
ARTICLE VIII
52 1. Schedule shall result in no additional cost to the City.
2. There shall be no working- out-of-class for scheduled vacant supervisory positions on payback Sundays. All other working- out-of-class will be paid based upon one "normal" working day (8 hours) or longer pursuant to Article II, Section I.1.A.
3. In-lieu time off will not be allowed on any payback day.
Communications Operators, Police Records Technicians, and Supervisors are encouraged to take vacations during weeks that do not involve a payback. Trades on payback days are permissible; however, the supervisors assigned on the days being traded may only approve these trades.
4. Manpower does not decrease by 25% or more. This schedule is based on authorized staffing levels of four (4) supervisors and twelve (12) operators in the Communications Center and one (1) Supervisor and eleven (11) Records Technicians in the Records Bureau.
5. Sunday "double time" days are defined as follows:
WEDNESDAY for employees working TFS and FSS.
SATURDAY for employees working MTW and SMT. In the
Communications Center and WEDNESDAY for employees
working TFS and FSS. SATURDAY for employees working
MTW and SMT in the Record Bureau.
6. Overtime:
i. In accordance with FLSA, employees assigned to the
Police Department Communications Center, Police
Department Records Bureau, and the Jail will be allowed to work a 3- 12 schedule, with a normal full -time work schedule consisting of three weeks with thirty-seven (37) hours and a fourth week with forty-nine (49) hours. In the week where the regular schedule consists of forty -nine (49) hours, premium pay (half -time) will be paid as
special compensation on the nine hours over forty (40)
hours. Any work performed outside an employee’s
regular schedule sha ll be considered overtime and
compensated pursuant to Article VIII, Section F –
Overtime Pay.
ii. In accordance with Article VIII, Section A.5.E. and Section F, any hours worked in excess of regularly
scheduled hours shall constitute overtime, except when
shifts to the employee’s schedule within the employee’s FLSA period are made by mutual agreement as provided
for in this Article VIII, Section A.5.E and Section F below.
ARTICLE VIII
53 This schedule is subject to immediate discontinuation, at the sole discretion of the Police Chief, if the components cannot be met.
3-12 Time-Entry System Change: As soon as practical following Council adoption, the City will implement a payroll system change to move employees from a biweekly wage to an hourly wage for hours worked within their designated seven-day work period. In addition, the overtime provisions in this MOU will continue to be in effect.
5. A. The 9- 80 alternate workweek schedule will be offered to unit members where operationally feasible, as determined by the Department Director. A Department may be exempt from offering an employee a 9- 80 alternate workweek when doing so will create an operational hardship, as determined by the Department Director.
B. Once an employee’s schedule is in place , the employee will adhere to their selected schedule for a reasonable time period of no less than three (3) months, unless there is a demonstrated hardship related to the work schedule.
C. Departments shall make reasonable attempts to grant an employee’s request for a specific 9/80 day off, regardless of department.
D. Any leave time will be charged on an hour for hour basis. This will include vacation, sick, in lieu, personal, etc. Accrual rates will remain unchanged as it equalizes within the 80-hour week.
E. Overtime shall constitute any time worked outside the normal defined work schedule. However, a Department Manager (or their designee) and an employee may mutually agree to shift the employee’s schedule within the individual employee’s seven- day FLSA period, which will not result in MOU overtime
• Example 1: If the Department has an operational need for an employee to arrive early for a meeting, the Department and the employee can mutually agree for the employee to leave early.
• Example 2: If the employee has to leave work early for an appointment, the Department and the employee can mutually agree to have the employee start their workday earlier. • Example 3: An individual employee’s FLSA cycle ends on Friday. If the employee asks to leave work early on Friday and work late on the following Monday to make up the hours, this shift to the employee’s schedule cannot be made because it is not within the employee’s FLSA cycle and would result in overtime being owed for Monday.
ARTICLE VIII
54 F. Holiday scheduling for the 9/80 program shall be as follows:
1. A holiday falls on a regularly scheduled day off it shall be observed on the nearest preceding or following workday;
2. A holiday falls on a weekend the holiday shall be observed on the nearest preceding or following work day;
3. Holidays will be compensated as regularly scheduled hours of pay;
G. Bereavement leave shall be implemented as provided in Article VII, Section B. This provides three regularly scheduled days for a total of 27-hour bereavement leave benefit.
H. The workweek shall be defined in writing to each employee.
I. Returning all schedules to a 5 day - 40-hour week will require the City to meet & confer with the BCEA.
J. Employees represented by the Association shall have a minimum 1/2-hour duty -free lunch, which will not be reduced, except those employees currently on a straight shift.
K. Employees on the 9/80 workweek will not be entitled to overtime pay prior to the completion of the 9th hour worked, on 9 -hour workdays.
Employees working an 8-hour day will be compensated as provided in Article VIII, Section F.
L. Out of class opportunities will exist, as is current practice, acting in the absence of supervision on a non 9/80 day off shall constitute WOC pay. Employees on their 9/80 day off shall have the duties of the higher classification assumed by Management without compensation. Employees spending a majority of his/her time performing the duties of the higher-level classification which are not included in his/her class specification shall be entitled to WOC pay.
M. Every effort shall be made by the City to accommodate members of the BCEA to utilizing the Metrolink train. The use of the train shall be considered a substantial mitigating factor in any tardiness.
SECTION B HOURS OF WORK - PART TIME EMPLOYEES
1. Part-time employees may be assigned a work day of less than eight (8) hours a day and/or a work week aggregating less than forty (40) hours per week.
2. The employee shall be informed as to when his or her workweek begins and ends.
ARTICLE VIII
55 SECTION C ROTATING SHIFTS AND WEEKDAYS OFF
Schedules for employees on rotating shifts or whose days off are other than Saturday and Sunday shall be changed by department heads at periodic intervals so as to equalize holiday benefits. (However, both the City and the BCEA agree that this section should not normally be used to rotate days off in departments where they are not now being rotated). Such changes shall be effected insofar as possible to avoid overtime that would not have occurred except for the shift change.
SECTION D REST PERIODS
Employees shall be entitled to rest periods consisting of fifteen (15) minutes for every regular four (4) hour work period. Part time employees in the Park s and Recreation Department are exempt from this section unless they are scheduled or their hours are extended to work six or more hours in a single day.
1. The department manager will determine when a rest period can be taken.
2. Employees are encouraged to take breaks on the premises.
3. Rest periods or coffee breaks taken in the field should conform to this policy.
4. Rest periods should not be taken in either the first or last working hour of the work periods unless specifically authorized by the department manager.
SECTION E LUNCH PERIOD
Each employee who has a non-paid lunch period shall have an uninterrupted, duty- free lunch at or near the mid- point of the work shift. Length of lunch period shall not be changed except in an emergency. The department manager shall schedule lunch periods based on the customary practices of the department. If an emergency arises, employees may be assigned to work during their lunch period.
Employees unable to take lunch due to assigned work shall be compensated at the appropriate overtime rate. Customary and reasonable delays in lunch periods shall not cause the application of overtime.
SECTION F OVERTIME PAY
Employees shall be compensated for overtime work at the rate of one and on-half (1½) times their regular compensation, or, with the consent of the employee, given time off with pay in lieu thereof. Notwithstanding the foregoing, any work performed on Sunday shall be paid at two (2) times the hourly rate. If a department determines to offer overtime for pay only or in lieu only, the department shall notify eligible employees prior to working the overtime.
1. DEFINITION OF OVERTIME WORK
Overtime work is work performed by an employee of the City in excess of regularly scheduled hours, or on a holiday as defined in Article V, Section B, or at times other than those normally required for his or her employment, except as follows:
A. Solid Waste Personnel
ARTICLE VIII
56 Overtime work for solid waste personnel is work performed that exceeds forty (40) hours during their FLSA designated work week.
BA. Part-time Personnel
Overtime for part-time personnel is work in excess of forty (40) hours per week, ten (10) hours per day. In addition, overtime work for part- time personnel includes work on holidays, or added hours as outlined in Article VIII, Section I.2. Notwithstanding the foregoing, a Department Manager and an employee may mutually agree to shift the employee’s schedule within the FLSA period thus removing the overtime trigger pursuant to Article VII, Section A.5.E.
CB. Pursuant to Article VIII, Section A.5.E., a Department Manager and an employee may mutually agree to shift the employee’s schedule within the FLSA period which will not result in overtime.
2. DISPUTE AS TO NORMAL HOURS OF EMPLOYMENT
Any dispute or question of fact as to what time or times are normally required for the employment of any employee shall be decided by the City Manager and his or her decision shall be final.
3. POLICY
A. In case of an emergency, (an emergency meaning an unforeseen circumstance requiring immediate action, a sudden unexpected happening, or unforeseen occurrence or condition, or a pressing necessity), a department head may require an employee in his or her department, bureau or division, to perform overtime work.
B. No one shall be entitled to pay for overtime work unless such work was performed with the prior approval of management, except in an emergency to prevent loss of life or injury or damage to persons or property.
C. Except in an emergency, no employee shall be required to work more than sixteen (16) hours in one (1) day.
D. When practical, overtime work shall be performed by the bargaining unit employee normally assigned the work on a daily basis.
4. RATE
Employees shall be paid overtime at one and one-half (1½) times the hourly rate except for Sunday which will be paid at two (2) times the hourly rate for the step in which employed. Employees who receive differential pay under Article II shall be paid one and one- half (1½) times the hourly rate for the monthly rate they are paid under said section and two (2) times the hourly rate for the monthly rate they are paid under said section for overtime worked on Sunday.
ARTICLE VIII
57 A. All time worked between the hours of 2200 - 0500 on a call back or holdovers that are not prearranged shall be compensated at the rate of two (2) times the regular hourly compensation.
5. OVERTIME PAY - MINIMUM PAYMENT
A. Minimum Overtime for Stand-By/Call-Out Crews:
1. Employees who are assigned to stand- by/call-out duty, including when an employee is covering for another employee who was assigned to stand-by/call-out, will receive a minimum overtime payment of two (2) hours of pay at the overtime rate even if the employee works less than two (2) hours.
2. The overtime payment for employees who are assigned to stand-by/call-out duty will begin upon receiving the call to report to work (i.e., upon contact).
3. The two (2) hour minimum overtime payment applies when the employee is assigned to stand-by/call-out duty and is called back to work during their non-regularly scheduled work hours, including days the employee would normally be off duty or called to work on a shift to which the employee was not assigned.
4. If an employee is called back to work again, after having been released from call-back work, the employee will again be paid a minimum of two (2) hours of pay at the overtime rate
provided the employee worked at least two (2) hours during the previous call to overtime duty, or two (2) hour s had elapsed since the beginning of the previous call to duty.
5. When not assigned to stand- by/call-out duty, but the employee is called out and responds, the employee is entitled to the minimum overtime provisions in Section B below.
6. When an employee receives a phone call and completes work at home, but is not called back to work, the employee will instead be compensated in accordance with Article VIII, Section F. regarding overtime.
7. The provisions of this section shall not be applicable to holdovers (a continuation of the scheduled shift in which employees work additional hours beyond that scheduled
shift).
B. Minimum Overtime for All Others:
1. When an employee is called back to work during their non- regularly scheduled work hours, including days the employee
ARTICLE VIII
58 would normally be off duty or called to work on a shift to which the employee was not assigned, the employee shall be paid a minimum of four (4) hours of pay at the overtime rate even if the employee works less than four (4) hours.
2. The overtime payment for employees who are not assigned to stand-by/call-out duty will begin upon arrival to the worksite.
3. If an employee is called back to work again, after having been released from call-back work, the employee will again be paid a minimum of four (4) hours of pay at the overtime rate provided the employee worked at least four (4) hours during the previous call to overtime duty, or two (2) hours had elapsed since the beginning of the previous call to duty.
4. When an employee receives a phone call and completes work at home, but is not called back to work, the employee will instead be compensated in accordance with Article VIII, Section F. regarding overtime.
5. The provisions of this section shall not be applicable to holdovers (a continuation of the scheduled shift in which employees work additional hours beyond that scheduled
shift).
C. Overtime shall be considered prearranged if employee receives a minimum of twelve (12) {or sixteen (16) for 3- 12 schedules} hours advanced notice. In this case Sections F.5.A and F.5.B above shall not apply. Prearranged overtime shall be paid at a minimum of two (2) hours.
Should an employee’s prearranged overtime be canceled or rescheduled without at least twelve (12) {or sixteen (16) for 3- 12 schedules} hours advanced notice, the employee shall be paid two (2) hours of pay at the overtime rate.
6. OVERTIME PAY - ON CALL FOR COURT
Affected employees shall receive three (3) hours of straight time for the period from 8:00 a.m. to 12:00 p.m. and three (3) hours of straight time for the period from 1:00 p.m. to 5:00 p.m. when the affected employee is placed on an “on- call” status for co urt either on a workday or day off, except for those employees who are actually working during the time the “on- call” subpoena is in effect.
7. TIME OFF WITH PAY IN LIEU OF OVERTIME
A department head may, with consent of the employee, authorize time off with pay in lieu of overtime pay. Time off with pay shall be given for a period
ARTICLE VIII
59 equal to one and one -half (1½) times the number of hours of overtime worked and double time the number of hours of overtime worked on Sunday.
8. IN LIEU ACCUMULATION
All employees shall be allowed to accumulate in lieu time not to exceed a total of 240 hours. Each department will have the option of cashing out the accumulated in lieu time down to 120 hours, to be paid on the first paycheck in December.
9. TERMINATION OF EMPLOYMENT
Any employee who tenders his or her written resignation from the service of the City, or who is laid off for lack of work or funds, or who withdraws from active service of the City with a retirement allowance granted under the provisions of the Public Employees’ Retirement Law or who has performed compensable overtime work and who upon the effective date of such resignation, layoff or retirement has not been compensated for such work by payment or time off in lieu of pay, shall be paid for all such overtime work on the basis of the salary being received by him or her at the time of termination of his or her employment, unless such overtime was worked in violation of Subsection 3, above. In the case of any employee whose service to the City is terminated by his or her death, such payment may be made to the person who would be entitled thereto by law, upon written application by such person and approval thereof by the City Manager.
10. FLSA EXEMPTION (BCEA PROFESSIONAL/SUPERVISORY UNIT) A. Any BCEA job title found to be exempt from the Fair Labor Standards Act (FLSA) shall be exempt from Article VIII Section F.1 through 9 and shall be placed in a separate sub unit called the BCEA Professional/Supervisory Unit, as outlined in Exhibit L. Exhibit L is not an inclusive list, and as titles are created or as the FLSA status of existing titles change, titles will be added to or removed from the BCEA Professional/Supervisory Unit as appropriate. The City may, for operational reasons, exclude titles that are FLSA exempt from the BCEA Professional/Supervisory Unit and Exhibit L. FLSA titles that the City excludes from the Professional/Supervisory Unit and Exhibit L shall not be subject to Article VIII, Section F.10 and shall instead be subject to Article VIII, Sections F.1 through 9 . The City shall notify the BCEA when titles are added or removed to the BCEA Professional/Supervisory Unit and Exhibit L and the reason for such change.
B. Full-Time Employees
BCEA full-time employees within the classifications listed in Exhibit L will be eligible for u p to forty ( 40) hours of Professional Leave at the beginning of the pay period containing January 1
st of each
calendar year.
ARTICLE VIII
60 1. In order to be eligible for forty (40) hours of Professional Leave at the beginning of the pay period containing January 1 st, an employee’s Professional Leave balance must be lower than forty (40) hours by the end of the last full pay period of the previous calendar year.
2. If an employee’s Professional Leave balance is zero (0) through thirty-nine (39) hours at the beginning of the pay period containing January 1
st, the employee will receive additional
hours equal to the difference between forty (40) hours and the balance of their Professional Leave.
3. If an employee’s Professional Leave balance is forty (40) hours or more at the beginning of the pay period containing January 1 st, the employee will not be eligible to receive any portion of the forty (40) additional hours of Professional Leave within that calendar year.
4. Employees who are not in a paid status at the beginning of the pay period containing January 1
st (excluding protected leave) will
have their professional leave hours pro-rated in accordance with the table below upon their return to a paid status. Additionally, BCEA employees newly hired or initially promoted/transferred into a BCEA classification listed in Exhibit L during the year will receive the following pro-rated amounts of Professional Leave:
HOURS REMAINING IN THE
CALENDAR YEAR
ADDITIONAL PROFESSIONAL LEAVE
HOURS
2080
40 hours
1,820-2,079
35 hours
1,560-1,819
30 hours
1,300-1,559
25 hours
1,040-1,299
20 hours
780-1,039
15 hours
520-779
10 hours
260-519
5 hours
For the purposes of initial implementation, employees within the classifications listed in Exhibit L will receive a prorated amount of 5 hours of Professional Leave for the remainder of the 2015 calendar year, effective November 8, 2015.
5. Additionally, once a year annually, a Department Executive may authorize up to an additional 20 hours of Professional Leave.
ARTICLE VIII
61 6. At no time may an employee’s Professional Leave balance exceed 60 hours.
7. Any existing balance shall be paid out to the employee at the time he/she terminates from the City.
C. Part-time Employees (Work Schedules that are Seventeen (17) Hours or More)
BCEA part-time employees who are scheduled to work seventeen (17) hours or more within the classifications listed in Exhibit M will be eligible for up to twenty (20) hours of Professional Leave at the beginning of the pay period containing January 1st of each calendar year.
1. In order to be eligible for twenty (20) hours of Professional Leave at the beginning of the pay period containing January 1st, an employee’s Professional Leave balance must be lower than twenty (20) hours by the end of the last full pay period of the previous calendar year.
2. If an employee’s Professional Leave balance is zero (0) through nineteen (19) hours at the beginning of the pay period containing January 1st, the employee will receive additional hours equal to the difference between twenty (20) hours and the balance of their Professional Leave.
3. If an employee’s Professional Leave balance is twenty (20) hours or more at the beginning of the pay period containing January 1st, the employee will not be eligible to receive any portion of the twenty (20) additional hours of Professional Leave within that calendar year.
4. Employees who are not in a paid status at the beginning of the pay period containing January 1st (excluding protected leave) will receive professional leave following the next pay period containing January 1st.
5. Additionally, once a year annually, a Department Executive may authorize up to an additional 10 hours of Professional Leave.
6. At no time may an employee’s Professional Leave balance exceed thirty (30) hours.
7. Any existing balance shall be paid out to the employee at the time he/she terminates from the City.
ARTICLE VIII
62 D. Part-time Employees (Work Schedules that are Sixteen (16) Hours or Less)
BCEA part-time employees who are scheduled to work sixteen hours (16) hours or less within the classifications listed in Exhibit L will be eligible for up to three (3) hours of Professional Leave at the beginning of the pay period containing January 1st of each calendar year.
1. In order to be eligible for three (3) hours of Professional Leave at the beginning of the pay period containing January 1st, an employee’s Professional Leave balance must be lower than twenty (3) hours by the end of the last full pay period of the previous calendar year.
2. If an employee’s Professional Leave balance is zero (0) through two (2) hours at the beginning of the pay period containing January 1st, the employee will receive additional hours equal to the difference between three (3) hours and the balance of their Professional Leave.
3. If an employee’s Professional Leave balance is three (3) hours or more at the beginning of the pay period containing January 1st, the employee will not be eligible to receive any portion of the three (3) additional hours of Professional Leave within that calendar year.
4. Employees who are not in a paid status at the beginning of the pay period containing January 1st (excluding protected leave) will receive professional leave following the next pay period containing January 1st.
5. Employees shall not be eligible to receive any additional hours of Professional Leave.
6. At no time may an employee’s Professional Leave balance exceed three (3) hours.
7. Any existing balance shall be paid out to the employee at the time he/she terminates from the City.
E. Usage of professional leave must be pre-approved by supervisor.
F. BCEA full-time and part-time employees within the classifications listed in Exhibit L shall receive a Professional Development Pay amount of $18.46/pay period.
SECTION G ATTENDANCE
ARTICLE VIII
63 Employees shall be in attendance at their work during the regular hours of work and shall not absent themselves during working hours for any reason without the prior approval of the department head.
SECTION H OVERTIME MEAL POLICY
The employees of the City of Burbank are occasionally called from their homes, or held over beyond their regular work hours, to perform emergency work for the benefit of the City. When an employee is asked to accept such assignments, the City recognizes that inconvenience is caused the employee regarding the normal scheduling of meal periods. Therefore, it shall be the policy of the City to provide meals and the time to eat such meals, in accordance with the following regulations:
1. SHIFT PERSONNEL
A. When called in with less than two (2) hours ’ notice, to replace an employee on shift or to perform overtime for a full shift, two (2) meals.
B. When held over for six (6) hours or more, two (2) meals.
C. When held over for more than two (2) hours but less than six (6) hours, one (1) meal.
2. NON-SHIFT PERSONNEL
A. When called in or held over for two (2) hours or more, one (1) meal.
Additional meals at intervals of four (4) hours.
B. When called and work continues into a regularly scheduled work day, a minimum of two (2) meals. This rule shall also apply when less than two (2) free hours are made available to the employee between the end of the overtime period and the start of the regular workday.
C. When called back less than two (2) hours after the end of a regular shift, one (1) meal. Additional meals at intervals of four (4) hours.
D. For prearranged overtime the first eight (8) hours will be treated as a normal workday in respect to meals, and anytime worked thereafter will follow the hold-over meal policy. Overtime will only be considered as prearranged if there is a minimum of twelve (12) hours {or sixteen (16) hours for 3-12 shift} advanced notice. Prearranged overtime will be a minimum of two (2) hours.
3. GENERAL CONDITIONS
A. Time to eat overtime meals will be at City expense, not to exceed one-half (½) hour.
B. It is intended that meals be provided at intervals of approximately four (4) hours, however, during periods of unusual or difficult circumstances, adjustments will be made by agreement with the department heads.
ARTICLE VIII
64 C. Receipts shall be furnished to the Department for all meals.
Reimbursement shall be made to the employee for actual costs incurred, not to exceed $13.00. It is agreed by and between the parties that this overtime meal policy will not be charged to the BCEA.
D. One-half (½) hour at the applicable overtime rate may be taken by the employee in lieu of the last overtime meal authorized.
SECTION I CUTTING OR ADDING HOURS FOR PART - TIME EMPLOYEES
1. When scheduled hours are cut by supervisory decision, with less than 24 - hour notice, from what the part -time employee had been scheduled, then those “cut” hours shall be credited and compensated to the employee.
All part-time employees in the Sports Office (except clerical and office staff), Special Events, Starlight Bowl, and Skate Park p rograms of the Parks and Recreation Department are exempt from Article VIII Section I.1.
2. With regard to adding hours, this shall be treated in a manner similar to an overtime pay situation. Should a part-time employee be asked to work more hours than scheduled for that day or shift, the employee shall be compensated for those hours on an overtime basis at the appropriate rate of pay.
All part -time employees in the Park s and Recreation Department are exempt from Article VIII Section I.2 except for clerical and office staff in the Sports Office.
3. Article VIII Section I does not apply to part -time employees in the Transportation Office of the Community Development Department (except clerical and office staff) and the Customer Service Division of Burbank Water & Power (BWP).
ARTICLE IX
65 ARTICLE IX
PROBATIONARY PERIOD
SECTION A PURPOSE OF PROBATION
The probationary period shall be regarded as part of the testing process and shall be utilized for closely observing the employee’s work, for securing the most effective adjustment of a new employee to his or her new position, and for rejecting any probati onary employee whose performance does not meet the required standards of work.
SECTION B ONE YEAR PERIOD
All original appointments of affected employees to positions in the Civil Service System shall be a normal probationary period of twelve (12) months.
SECTION C OTHER PROBATIONARY PERIODS
All probationary periods for promotions shall be for six (6) months. Also, probationary periods for voluntary demotions, other than in layoffs, shall be for six (6) months.
SECTION D EXTENSION OF PROBATION
1. When the Department Manager to whom any affected employee is assigned reasonably concludes that extension of the employee’s probationary period will improve the performance of the employee, the department manager may recommend extension of the employee’s probationary period for up to six (6) months in two-month increments.
2. If the employee has successfully completed probation except for obtaining a special required certificate or license needed to perform the work, the department head shall extend the probation period, solely for the purpose of allowing the employee to obt ain this certificate or license. When such license or certificate is obtained by the employee, he or she shall automatically pass probation. Extensions shall not exceed 12 months.
SECTION E TERMINATION OF APPOINTMENT
Probationary employees do not have property or vested rights in their position with the City. A probationary employee may be discharged or rejected at any time by the appointing power without cause and without right of appeal. Notification in writing of discharge or rejection shall be serviced on the probationary employee and a copy shall be filed with the Management Services Director.
SECTION F REINSTATEMENT OF REJECTED PROBATIONARY EMPLOYEE
TO FORMER POSITION
An employee rejected during the probationary period from a position to which he or she has been promoted shall be reinstated to the position from which he or she was promoted, (this shall include an employee rejected under Section D, because of not obtaining a certificate or license) unless the employee is discharged for cause as provided in this Agreement. In exceptional cases and by mutual
ARTICLE IX
66 agreement of the parties to this agreement, an employee who voluntarily demotes from a promotion may be returned to the promotion list.
SECTION G DISPLACEMENT BY REINSTATEMENT OF ANOTHER TO
FORMER POSITION
Any employee, though he or she may have attained permanent status in his or her present position, who is displaced as a result of another employee’s being returned to his or her former position under Section E, above, or under this section, shall likewise be reinstated to his or her former position. If an employee so affected has permanent status but no former position, he or she shall be placed on the appropriate layoff list.
ARTICLE X
67 ARTICLE X
LAYOFF, DISPLACEMENT, AND RECALL
SECTION A PURPOSE
The purpose of this Article is to provide a fair and equitable basis for the reduction of personnel when this becomes necessary in a department or in the total work force. In such circumstances, the City will make every effort to assist those employees who may be subject to layoff due to lack of work or similarly compelling reason. Assistance will be made available through utilizing existing vacancies to the fullest extent possible to relocate affected employees. In addition, contacts will be made with other employers to refer th ose employees who are unable to be placed in other City vacancies.
SECTION B SENIORITY
1. Seniority is defined as the status attained by the length of Civil Service in employment for the City of Burbank.
2. Seniority shall accrue based on the present date of Civil Service employment. When an employee voluntarily terminates for a stated reason, except layoff, seniority shall cease and not be reinstated in the event of re- employment. Seniority shall be reinstated in the case of layoffs where the employee is recalled within three years of date of layoff. Such seniority shall include credits for prior time worked only and will not include any time while on layoff.
3. Seniority shall be implemented in accordance with the provisions as set forth in Sections C and D below of this Article.
4. An employee who has served the City under any federally funded manpower training program and has subsequently moved to a position in the Civil Service system, shall not have any seniority under the training program credited to his or her total service at the time of probationary appointment.
SECTION C LAYOFF
1. Layoff of employees shall be determined by length of Civil Service with the City using the present date of hire except as otherwise provided in this Article.
2. Except as outlined below in Section D-4, layoffs should be affected within departments and general displacement of employees across departmental lines shall not be permitted.
3. An employee with unique skills or body of knowledge for the performance of his or her duties as determined by the department manager with the concurrence of the City Manager, may be retained out of his or her seniority with the City as long as such employee has a minimum of two (2) years total
ARTICLE X
68 employment. There shall be a limit of ten (10) employees, citywide, who may be designated under this paragraph during any given layoff. Standards for defining retention of such employees shall be limited to:
A. Special schooling provided or required by the City for an employee following his or her initial employment to fill a unique position or meet a specific program need where the schooling lasts for six (6) months or longer.
B. Special experience provided or required by the City for a unique position or special program need where the experience requires at least one (1) year of training on the job.
C. Possession of a unique craft, artistic endeavor or professional level skill not available in other City employees.
4. An employee who has been previously appointed to provisional status in a higher classification at time of layoff considerations shall revert back to his or her permanent classification for purposes of determining his or her layoff.
5. An employee in a probationary status as a result of a promotion within the Civil Service System cannot displace a permanent employee in the same classification at time of layoff.
6. An employee may voluntarily request layoff in lieu of reassignment should his or her seniority be sufficient to be retained on the payroll.
7. An employee on layoff shall be recalled to his or her previous classification based on the minimum qualification requirements that existed at the time of his or her layoff.
8. An exempt employee shall have no rights relative to layoff or reassignment except the employee who at some time, during the same period of employment, served in a position under the Civil Service System and shall have the right to return to the System u nder the provisions of B.M.C. 2- 1- 513, provided time spent in the exempt position shall not be accrued toward Civil Service seniority.
9. Part-time employees shall be considered for layoff only with other part-time employees and may not be retained by displacing full-time employees.
SECTION D DISPLACEMENT
1. Except as stated in items 2 and 5 of this section below, an employee whose position has been eliminated shall be permitted, in total seniority order within the respective job classification, to transfer to a lateral or lower classification within the employee’s department. This transfer shall occur only when a position in such classification is either vacant or occupied by another employee with less total seniority as calculated from their present
ARTICLE X
69 date of hire. On taking a lower classification, the employee shall be paid at the highest rate of the lower classification that is not greater than the rate earned prior to the displacement.
2. In such instances as outlined in Subsection 1 immediately above, employees must meet the minimum qualifications of the newly assigned position.
3. Additionally, an employee must be medically fit to perform the duties of the newly assigned position. However, where an employee can reasonably fill a position in spite of age or a previously acknowledged preexisting medical condition, this subsection (3) shall be waived.
4. An employee displaced from a job because the position has been deleted or replaced by a higher classified employee with more seniority , shall be eligible to transfer to the same or lower title in another department, where the employee last served prior to his or her current assignment, if:
A. He or she served in that title and in that department where a vacancy or employee with lesser seniority exists, and
B. The department manager of the department to which the transfer is to be made approves such transfer if said department is any of the following: City Council, City Manager, City Attorney, and Management Services Department.
5. An employee who is reduced in classification shall be returned to his or her previous higher classification and department when a vacancy occurs within a three-year period of the reduction. Such return will not require qualifying through testing or placement on an employment list. Where the return involves returning to probationary status within six (6) months following demotion, the time spent in probationary status before the demotion occurred shall be applied toward permanent status.
6. An employee in a provisional status in higher classification shall be returned to his or her permanent classification prior to layoff in order to determine his or her availability for displacement or reassignment.
7. Where three (3) or more employees exist in a classification within a department, the department shall not be required to lose more than fifty (50) percent of its employees in any given classification through displacement by higher classified, longer seniority employees.
8. An employee with greater seniority than other employees in the same classification and department may request voluntary transfer or demotion to another position under the provisions of Article X, Section B.
9. A part-time employee may displace another part-time employee only under the provisions that apply to full-time employees.
ARTICLE X
70 10. A full- time employee may displace a part -time employee with lesser seniority only if the latter is in a position budgeted for thirty (30) hours per week or more.
11. An employee designated by the City as a manager may or may not be reduced to a lower classification which would result in the employee having to work for another employee whom he or she formerly supervised when in a management position.
12. As used in this Article, “higher classification” or similar phrases are synonymous and interchangeable.
SECTION E PROCEDURE
Departments anticipating a possible reduction in staff shall notify the City Manager and the Management Services Director as soon as possible in order for appropriate action to be taken.
1. An immediate determination should be made as to which positions will be involved and the number of employees to be affected.
2. The Management Services Director shall determine what openings exist in the same and other departments so that affected employees may be considered for transfer prior to layoff.
3. Employees to be affected by a layoff will be given written notice thirty (30) calendar days in advance.
4. Efforts will begin immediately to relocate affected employees into comparable positions of responsibility and pay or lower rated positions where practicable as outline in Section D of this Article. First priority for filling open positions will be given to affected employees as opposed to other employees or job applicants under consideration.
SECTION F RECALL
The City will establish and make available to affected employees a Recall List showing all employees on demotion or layoff status along with the date of appointment. In utilizing the list, the following shall apply:
1. Persons on the Recall List shall have absolute rights over regular employment, transfer or reinstatement lists.
2. Names shall be listed in the inverse order of their layoff or demotion according to seniority . An employee shall be recalled to his or her last classification or lower classified position in any Department of the City should he or she be the most senior on the recall list or lists for the positions available. Should a lower classified position first become available and no recall list exists for such position, then the most senior employee on the recall list for the next higher classified position shall be recalled i n
ARTICLE X
71 accordance with Subsection 3 of this Section.
3. Employees on the Recall List will hold reinstatement rights for period of three years from date of layoff and be considered for openings as they arise and are determined to be medically fit, as provided in Section D.3 above.
4. Upon reinstatement, the employee will receive his or her old salary step or, if in a lower classification, the step nearest to, but not exceeding the old classification. In addition, if recalled within three years of layoff , previous seniority will be reinstated less any time spent on layoff.
5. If an employee is recalled from layoff and had been (1) serving in a probationary status and (2) never in a permanent status in the Civil Service System, then his or her past seniority shall not be reinstated for purposes of satisfying the probationary period unless recalled to the former position with six (6) months following the layoff.
6. An employee on layoff status shall be responsible for keeping the City’s Management Services Department aware of the most current address and telephone number for purposes of contact at time of recall. Absences from the home for over two (2) weeks should also be reported if the employee on layoff desires to safeguard against being passed over should notice of recall be given. On notifying employees of recall, the City of Burbank shall send notice by certified mail and the employee shall have fourteen (14) calendar days to respond from receipt of such notice. Where the employee fails to respond, the City shall contact the next most senior employee on the Recall List, and the same procedures, shall apply. Failure of an employee to respond to notices sent as a result of three (3) opportunities during the permitted recall period shall cause removal of his or her name from the said list. In addition, employees must be available to return to work within tw o (2) weeks of receiving the above stated notification.
SECTION G BENEFIT CONSIDERATIONS
1. For layoffs under thirty (30) days, all benefits will be retained except for pro rata reduction in the retirement plan and reduction of seniority for days on layoffs.
2. For layoffs of thirty (30) days up to three years, there is no accrual of seniority, vacation, sick leave or other benefits for the period of the layoff .
Sick leave and vacation benefits not previously paid the employee at the time of layoff shall be paid at the end of the first month of layoff unless at the time of layoff, an employee elects to leave all sick leave and vacation credits on account and hav e such credits reinstated upon recall . If the employee elects to leave all sick leave and vacation credits on accounts, such employee, or his or her heirs, representatives or assigns, may, at any time within three (3) years after the effective date of such employee’s layoff, demand payment for such benefits in such sum or sums as would otherwise
ARTICLE X
72 have been payable at time of layoff, without interest. The City shall have up to thirty (30) days to make such payment after time of demand. Failure to demand such payment during such three- year period and one year thereafter shall constitute a waiver thereof. Payments of the cash value of accrued sick leave and vacation credits shall terminate all further obligation by the City to reinstate such past credits should the employee be returned to work.
3. For layoffs of three years or more, recall privileges cease at three years.
4. Any employee recalled following a layoff shall be entitled to receive at least the same level of benefits which he or she was receiving at the time the layoff occurred, provided, however, any reduction or increase in benefits for all employees in the recalled employee’s represented group during the layoff period shall apply to the recalled employee.
ARTICLE XI
73 ARTICLE XI
CONTRACTING OUT
SECTION A CONTRACTING OUT
1. The City shall meet and confer with the BCEA on any impact of proposed contracting out.
2. The City and the BCEA agree that for any plan to contract out for services within the scope work of BCEA represented classifications, the City shall give the BCEA written notice of intended action and an opportunity to communicate orally or in writing for the purpose of presenting and obtaining views regarding the intended actions.
3. Contract extensions for "time only" within a fiscal year with no scope or monetary changes do not require a second meet and confer process.
However, BCEA will be notified if this should occur.
SECTION B ENFORCEMENT
The City will actively enforce the terms of this Article during the life of this Agreement. The City Manager will direct the managers and executives to comply with these contracting out procedures. Part of the managers'/executives' annual evaluation will include their record relative to compliance with this contracting out procedure and the City Manager's directive.
SECTION C IMPLEMENTATION
1. Contracts, Department Purchase Orders, Direct Purchase Orders or Professional Services Agreements (PSAs) for services within the scope of work of BCEA represented classifications.
A. The Department will fax or personally deliver a proposed contract to BCEA to inform BCEA of the Department's intent to contract out.
B. BCEA will have five working days to present its views on the proposed contract.
C. The Department will consider the Union's views if presented by BCEA but will not be obligated to meet and confer on the contract in question.
D. Five working days from the date that the BCEA is notified of the Department's intended action, the Department may proceed with the contract at its discretion.
E. In case of an emergency the Department may proceed with the contract without delay and discuss the contract with the BCEA as soon as possible but no later than within two (2) working days.
ARTICLE XI
74 2. Contracts, Direct Purchase Orders or PSAs that have an impact on the work performed by employees represented by BCEA.
A. The Department will fax or personally deliver a proposed contract to BCEA. The Department will maintain copies of the delivery method.
B. The Department will also send a copy of the delivery method and contract to Management Services.
C. The BCEA will have five (5) working days to contact the Department to indicate that it wishes to meet and confer about the contract in question.
D. Failure of BCEA to respond to the Department's notification within five (5) working days will cause the BCEA to have waived its right to meet and confer on the proposed contract. The Department may proceed with the contract.
E. The five (5) working days limitation may be extended with the mutual agreement of the Department and the BCEA.
F To initiate the meet and confer process, the BCEA must deliver its request to meet and confer to the Department with a copy to Management Services, within five (5) working days from the time that it was notified that the Department intended to contract out the work.
G. If the BCEA notifies the Department that it wishes to meet and confer on a contract, the Department will suspend the processing of the contract until the meet and confer process is completed.
H. Upon notification by BCEA that it wishes to meet and confer on a proposed contract, Management Services and the applicable Department will represent the City in the negotiations.
I. In case of an emergency, the Department may proceed with the contract without delay and meet with the BCEA as soon as possible but no later than within two (2) working days.
SECTION D DEFINITION OF EMERGENCY
For purposes of this Article, emergency is defined as an unforeseen circumstance requiring immediate action, a sudden unexpected happening, or an unforeseen occurrence or condition, or a pressing necessity.
SECTION E JOINT LABOR / MANAGEMENT COMMITTEE
1. The parties agree to establish a Joint Labor/Management Committee, upon request by either party , for the limited purpose of discussing items of interest to one or both parties, including but not limited to the review of the following issues:
ARTICLE XI
75 • Restructure Wellness Program
• Update the Panel of Arbitrators listed in Article XIII, Section C.5.A • Clarify the calculation of days served for major discipline in Article XIV, Section C.3.C
• Workers’ Compensation rates savings
• Review evaluation process
If the parties reach agreement on an issue under review, and implementation will not increase the cost of the contract, then the parties shall reduce such agreement in the form of a side- letter to this MOU, and the City Manager or designee may execute such side letter on behalf of the City.
ARTICLE XII
76 ARTICLE XII
NON-DISCRIMINATION
SECTION A NON-DISCRIMINATION
The City and BCEA will not discriminate in the treatment of an employee on any basis (prohibited by Federal and State Law), union activity or union membership.
The City and BCEA also will not discriminate in the treatment of an employee on the basis of part-time status, unless such treatment is directly based upon a level of benefit or right for part -timers which is codified in this agreement. These complaints are not subject to the grievance procedure and are under the jurisdiction of the Civil Service Board.
ARTICLE XIII
77 ARTICLE XIII
GRIEVANCE PROCEDURE
SECTION A STATEMENT
The purpose of the Grievance Procedure is to establish channels of communications between employees, supervisors and management. The City encourages any employee having a grievance related to his or her working conditions to discuss the matter informally with his or her immediate supervisor without undue delay. The informal discussion need not be reduced to writing and no records need be kept. The purpose of informal discussion is to settle grievances fairly and as quickly as possible. Management may limit an employee to a maximum of three employee representatives on the clock, unless management has a higher number of representatives. The employee may have his or her designated BCEA/AFSCME representative present during any step of this procedure.
SECTION B DEFINITIONS
1. GRIEVANCE
A grievance is a dispute or difference of opinion raised by an employee, a group of employees (with respect to a single common issue), or the Union covered by this Agreement involving the meaning, interpretation or application of the provisions of this Agreement.
2. IMMEDIATE SUPERVISOR
Immediate supervisor is defined as the employee’s closest superior whose position has been designated a supervisory management or management by the City.
3. TIME LIMIT FOR FILING
Effective May 25, 2025, N no grievance shall be considered and/or processed unless it is submitted within fifteen twenty (1520) working days after the employee concerned has become aware or should have become aware, through the use of reasonable diligence, of the occurrence of the event giving rise to the alleged grievance. If a grievance is not presented within the time limits s et forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any mutually agreed extension thereof, it shall be considered settled on the basis of the Department’s last answer. If the Department does not answer a grievance or an appeal thereof within the specified time limits, the Union and/or the employee may elect to treat the grievance as denied at that step and immediately appeal to the next step of the grievance procedure. The time limit(s) in each step may be extended by mutual written agreement of the City and the Union representative and/or the employee involved in each step. The term working days as used in this Article shall mean the days Mondays through Fridays inclusive and e xcludes Saturdays, Sundays, holidays and/or other days on which City Hall is closed.
ARTICLE XIII
78 SECTION C PROCEDURE
1. STEP 1:
Effective May 25, 2025, Iif an employee feels that he or she has a grievance concerning his or her working conditions or some action taken against him/her, he or she should contact his or her supervisor within fifteen twenty (1520) working days to discuss the matter informally. The supervisor will verbally respond to that employee within five (5) business days.
Note: Grievances involving discipline, up to and including discharge and grievances filed by the Union, shall be initially heard at Step 3 of the grievance procedure, i.e., department manager level.
2. STEP 2:
Grievances not resolved at Step 1 shall be referred, in writing, to the employee’s division manager within fifteen (15) working days after the designated supervisor’s answer to Step 1. Copies of grievances must also be simultaneously submitted to the Mana gement Services Director. This statement shall set forth in detail the exact condition or conditions as to which the grievance is made. The division manager shall conduct a grievance hearing within five (5) working days or at a time mutually agreeable to the parties. The division manager shall respond in writing with his or her decision to the Union within ten (10) working days following the hearing.
3. STEP 3:
If the grievance is not settled in Step 2 and the Union and/or the employee desires to appeal, the grievance shall be referred by the Union and/or the employee, in writing, to the department manager or his or her designated representative within ten (10) working days after the division manager’s answer in Step 2. At this level, the employee through the union may, at time of submittal of the grievance to the Department Manager, revise the written grievance to include additional conditions and/or additional requests, as long as such corrections do not substantially cause the City to be faced with a new grievance. A meeting between the department manager, the employee(s), and the Union representative shall be held within five (5) working days of the receipt of the employee’s and/or the Union’s appeal or at a time mutually agreeable to the parties. The BCEA President shall be notified at least three (3) days prior to the meeting if the department manager will be sending a designee. If the grievance is settled as a result of this meeting, the settlement shall be reduced to writing and signed by the department manager or his or her representative, the employee(s), and the Union. If no settlement is reached the department manager or his or her representative s hall give the department’s written response to the Union within ten (10) working days following the date of the meeting.
4. MEDIATION
A. Initiation of Mediation
Prior to requesting arbitration for a grievance, the BCEA may request
ARTICLE XIII
79 that the grievance be submitted to mediation, pursuant to the provisions of this section of the MOU.
B. Appointment of Mediator
The parties shall appoint a mediator from the list of names and in the same manner as provided for arbitrators in Article XIII, Section C.5.A.
C. Qualifications of Mediator
Prior to accepting an appointment, the prospective mediator shall disclose any circumstance likely to create a presumption of bias or prevent a prompt meeting with the parties.
D. Vacancies
If any mediator shall become unwilling or unable to serve, the parties will appoint another mediator as provided for in Article XIII, Section C.5.A.
E. Representation
Persons of the party's choice may represent any party.
F. Date, Time and Place of Mediation
The mediator shall fix the date and the time of each mediation session. The mediation shall be held in the City of Burbank.
G. Identification of Matters in Dispute
At least ten (10) days prior to the first scheduled mediation session, each party shall provide the mediator with a brief memorandum setting forth its position with regard to the issues that need to be resolved. At the discretion of the mediator, the parties may mutually exchange such memoranda.
At the first session, the parties will be expected to produce all information reasonably required for the mediator to understand the issues presented.
The mediator may require any party to supplement such information.
H. Authority of Mediator
The mediator does not have the authority to impose a settlement on the parties but will attempt to help them reach a satisfactory resolution of their dispute. The mediator is authorized to conduct joint and separate meetings with the parties and to make oral and written recommendations for settlement. Whenever necessary, the mediator may also obtain expert advice concerning technical aspects of the dispute, provided that the parties agree and assume the expenses of obtaining such advice. Arrangements for obtaining such advice
ARTICLE XIII
80 shall be made by the mediator or the parties, as the mediator shall determine.
The mediator is authorized to end the mediation whenever, in the judgment of the mediator, further efforts at mediation would not contribute to a resolution of the dispute between the parties.
I. Privacy
Mediation sessions are private. The parties and their representatives may attend mediation sessions. Other persons may attend only with the permission of the parties and with the consent of the mediator.
J. Confidentiality
The mediator shall not divulge confidential information disclosed to a mediator by the parties or by witnesses in the course of the mediation. All records, reports, or other documents received by a mediator while serving in that capacity shall be confidential, and shall not be subject to discovery or release, except as provided for in Section K. The mediator shall not be compelled to divulge such records or to testify in regard to the mediation in any adversary proceeding or judicial forum. Matters discussed in mediation shall be considered confidential and privileged to the maximum extent of California law.
The parties shall maintain the confidentiality of the mediation and shall not rely on or introduce as evidence in any arbitral, judicial, or other proceeding:
1. Views expressed or suggestions made by another party with respect to a possible settlement of the dispute;
2. Admissions made by another party in the course of the mediation proceedings;
3. Proposals made or views expressed by the mediator; or
4. The fact that another party had or had not indicated willingness to accept a proposal for settlement made by the mediator.
K. Written Agreement
A written agreement reached by the parties in the course of the mediation is admissible in any subsequent proceeding to enforce its terms.
L. No Stenographic Record
There shall be no stenographic record of the mediation process.
ARTICLE XIII
81 M. Termination of Mediation
The mediation shall be terminated:
1. By the execution of a settlement agreement by the parties;
2. By a written declaration of the mediator to the effect that further efforts at mediation are no longer worthwhile; or
3. By a written declaration of a party or parties to the effect that the mediation proceedings are terminated.
N. Exclusion of Liability
The mediator is not a necessary party in judicial proceedings relating to the mediation.
The mediator shall not be liable to any party for any act or omission in connection with any mediation conducted under these rules.
O. Interpretation and Application of Rules
The mediator shall interpret and apply these rules insofar as they relate to the mediator's duties and responsibilities.
P. Expenses
The party producing any witness shall pay that witness' expenses.
All other expenses of the mediation (including required traveling and other expenses of the mediator and the cost of any proofs or expert advice produced at the direct request of the mediator) shall be borne equally by the parties unless they agree otherwise.
5. STEP 4 ARBITRATION:
A. If the grievance is not settled in accordance with the foregoing procedure, the Union, or employee in the case of a discipline, may refer the grievance within fifteen (15) working days to the Management Services Director to schedule the matter for an arbitration hearing within twenty (20) calendar days of receipt of the request. The Union, or employee in the case of a discipline, and the Management Services Director shall attempt to mutually agree upon an arbitrator, and, if they cannot agree, shall strike names from a panel of nine (9) arbitrators until one name remains. The final arbitrator’s name remaining on the list shall arbitrate the dispute. The order of striking shall be determined by a coin toss. The arbitrator shall be notified of his or her selection by a joint letter from the parties requesting that he or she set a time and place, subject to the availability of the City and Union representatives.
PANEL OF ARBITRATORS:
Norman Brand Michael Prihar Guy Prihar
Walter Daugherty Joe Gentile Christopher Cameron
Mark Burstein Charles Askin Bob Bergensen
ARTICLE XIII
82 B. Ten (10) days prior to the hearing by an arbitrator representatives of the parties shall meet and prepare a submission statement setting forth the issues to be submitted to the arbitrator and exchange evidentiary documents. In the event the parties cannot jointly agree on a submission statement then at the hearing each party shall present to the arbitrator its own submission statement in which case the arbitrator shall determine the issues to be resolved.
C. If there is a dispute between the parties as to the question of arbitrability, that question shall be submitted separately to the arbitrator for resolution prior to addressing the merits of the grievance.
D. The decision of an arbitrator resulting from any arbitration of grievances hereunder shall not add to, subtract from, or otherwise modify the terms and conditions of this memorandum of
understanding. The decision of the arbitrator shall be solely advisory in nature. The arbitrator’s written award shall be submitted within thirty (30) calendar days from the last day of the hearing. The arbitrator’s decision shall be forwarded to the City Manager, who shall review the award and make the final decision w ithin thirty (30) days of its receipt.
E. Employees called as witnesses during the course of the arbitration hearing shall be released for that purpose without loss of compensation or benefits. Witnesses will be subject to subpoena issued by the arbitrator, at the request of either the BCEA or the City, and enforceable by the City.
F. The fee and expenses of the arbitrator and the cost of a written transcript shall be borne equally by the parties.
SECTION D ALTERNATIVE ARBITRATION RESOLUTION
1. This is an alternate to the procedure set forth in Article XIII, Section C/Grievance Procedure. Individual members of the bargaining unit (BCEA) may have access to this procedure with the approval of the BCEA.
2. A written joint submission statement setting forth the issue(s) to be determined will be prepared by the parties prior to the hearing by an arbitrator. In the event the parties cannot jointly agree on a submission statement then at the hearing, each party shall present to the arbitrator its own submission statement in which case the arbitrator shall determine the issues to be resolved.
3. Only those grievances that directly concern and/or involve the interpretation and/or application of the specific terms and provisions of this Memorandum
ARTICLE XIII
83 of Understanding may be submitted to arbitration. In no event shall such arbitration extend to:
A. The interpretation, application, merits or legality of any state or local law or ordinance; unless the arbitrator, in his or her discretion, finds it necessary to interpret or apply such state or local law in order to resolve the grievance which has been submitted to the arbitrator.
B. The arbitrator will be compensated at the contracted flat daily rate and the costs related to the hearing will be borne entirely by the grievant. If a stenographic record of the hearing is made, it will be at the expense of the requesting party. A true copy of the stenographic record, if any, shall be forwarded to both the City and BCEA. The grievant can be represented by legal counsel, or a party of their own choosing. The BCEA shall be afforded the opportunity to be present during the course of the hearing as an observer.
4. The arbitrator selected shall hear the grievance (s) within thirty (30) working days of his or her selection, or by mutual agreement.
5. Arbitration of a grievance hereunder shall be limited to the formal grievance as originally filed by the employee to the extent that said grievance has not been satisfactorily resolved.
6. The arbitrator shall issue a “letter award” within ten (10) days of the hearing, if a stenographic record is utilized. If no record is used the arbitrators “written award” shall be submitted within thirty (30) calendar days from the last day of the hearing. The arbitrator’s decision shall be forwarded to the City Manager, who shall review the award and make the final decision within thirty (30) days of its receipt. The decision of the arbitrator shall be solely advisory in nature to the City Manager.
7. The decision of an arbitrator resulting from any arbitration of grievances hereunder shall not add to, subtract from, or otherwise modify the terms and conditions of the Memorandum of Understanding.
8. The decision of the arbitrator shall be binding upon the grievant, but only advisory respective to the City, and subject to review by the City Manager.
SECTION E JURISDICTION OF CIVIL SERVICE BOARD
Disciplinary actions including, but not limited to, suspensions, demotions, and termination shall be subject to the grievance procedure set forth above and shall not be subject to the jurisdiction of the Civil Service Board. Further, it is agreed the grievance provisions and the Civil Service Appeals procedure are mutually exclusive and that no relief shall be available under the Civil Service Appeals process on matters covered by this agreement with the exception of matters related to discrimination and sexual harassment.
ARTICLE XIV
84 ARTICLE XIV
DISCIPLINE AND DISCHARGE
SECTION A REASONS FOR DISCIPLINE AND DISCHARGE
1. DISMISSAL FOR REFUSAL TO TESTIFY BEFORE LOS ANGELES
COUNTY GRAND JURY OR OTHER LEGALLY CONSTITUTED OFFICIAL
PUBLIC BODY
The refusal of any City employee to testify under oath before the Los Angeles County grand Jury or other legally constituted official public body in a legally authorized investigation of government bribery or other misconduct in public office shall be suff icient cause for the immediate discharge of such City employee.
2. REASONS FOR SUSPENSION, DEMOTION, OR DISMISSAL
Suspension, demotion, or dismissal of an employee may be accomplished for any one or more of the following reasons:
A. Violation of any official regulation or order or failure to obey any proper direction made and given by a superior, or failure to comply with any condition of employment or to maintain any necessary qualification in the course of municipal employment;
B. Neglect of duty;
C. Unjustified failure or refusal to properly perform the duties assigned;
D. Gross carelessness in the discharge of assigned duties;
E. Conviction or forfeiture of bail for any job- related misdemeanor or felony involving moral turpitude;
F. Having one’s privilege to operate a motor vehicle on the public highway in the State of California suspended or revoked by the Department of Motor Vehicles where a driver’s license is required for the performance of your job;
G. One or more days’ unauthorized absence;
H. Repeated tardiness;
I. Inability to establish and maintain proper working relationships with fellow officers or employees;
J. Reporting for duty, or being on duty, under the influence of alcohol, drugs or any combination thereof; or rendering oneself unfit to perform fully one’s duties for reasons attributable to, or produced by, indulgence in alcohol, drugs, or any combination thereof; K. Absence from the job during the working hours without permission;
ARTICLE XIV
85 L. Unauthorized use of City tools, equipment or property;
M. Abuse or gross negligence in the care or operation of City tools, equipment or property;
N. Use of sick leave for unauthorized purposes;
O. Receiving gratuities or any personal favor in exchange for the performance or for the non-performance of an assigned duty;
P. Discussion with unauthorized persons of City business known to the employee to be confidential;
Q. Willful refusal to respond to an official call in an emergency;
R. Willfully making any false statements, certificates, or reports or in any manner committing or attempting fraud;
S. Violation of administrative rules and regulations;
T. Illegal possession or use of drugs or narcotics;
U. Incompetence or inefficiency in the performance of required duties;
V. Discrimination against, or harassment of, co- workers or the public based on race, religion, national origin, sex, age, handicap, or other unlawful consideration;
W. The consumption of alcohol or the use of drugs during the workday.
SECTION B LIE-DETECTOR TESTS
No employee shall be subjected to a lie-detector test as a condition of employment.
SECTION C PRE-DISCIPLINARY HEARINGS AND PROCEDURES
1. STATEMENT
Employees of the City with permanent civil service status shall be assured of fair and consistent treatment and no arbitrary actions will be taken for disciplinary time off or termination of any employee without just cause and due process.
2. PROCEDURE
A. Minor discipline shall be all discipline administered where the punishment imposed is a written reprimand, suspension from work for not more than three days or similar discipline.
B. In minor disciplinary matters the statement of charges should be specific and factual and enumerate violations of Section A of this
ARTICLE XIV
86 article. All evidence requested by the employee or the Union, and relied upon for disciplinary actions, shall be supplied to the employee or his or her representative. Any evidence discovered after the initial request by the employee or the Union shall be supplied to the employee or the Union. Failure to provide all evidence relied upon for disciplinary action shall result in the exclusion of such evidence from any disciplinary hearing.
C. The employee shall receive by a written or oral notice to the employee of the date and time of the informal hearing at least two calendar days prior to the hearing.
D. The department manager or supervisor shall document only the problem, significant facts and the results (statements made by the parties at the hearing shall not be included). A copy will be placed in the employee’s personnel file and the employee shall be given a copy.
E. If, during the course of the hearing, it becomes apparent that more than minor discipline is in order, the department manager shall terminate the hearing and then proceed in accordance with the procedure set forth below applicable to major discipline. The employee will be informed as to why the hearing is being terminated.
It is understood by the parties that Subsections D and E above do not prevent the City from:
1) taking action against an employee who goes beyond the norm for behavior in a grievance or pre-disciplinary hearing, it being clear that behavior beyond the norm by a supervisor or
leadworker can justify similar behavior by an employee, and
2) considering additional discipline for admissions made during the informal hearing, as long as the admissions go to new issues or are major in scope.
F. For purposes of clarification, the definition of a 1-day suspension will mean eight (8) hours of work time when used as part of a discipline.
A “day” for a part -time employee will be their regularly scheduled hours or at the discretion of the Department head for non- regularly scheduled part-time employees.
3. MAJOR DISCIPLINE
A. Major discipline shall be all discipline administered, where the punishment imposed may result in suspension without pay or more than three days, or in the dismissal or demotion of the employee.
Major discipline shall not be imposed for minor infractions that have occurred infrequently.
ARTICLE XIV
87 B. The employee shall receive notice at least ten calendar days prior to a pre-disciplinary hearing. The notice shall contain the time, date and place of the hearing and shall also contain a brief statement of all charges against the employee. An earlier date may be established if the employee agrees, or with department approval, the date may be extended by five calendar days.
C. Further, major suspensions of 15 days or more will be calculated as follows:
15 days= 11 days of suspension as defined above
20 days= 15 days of suspension as defined above
30 days =22 days of suspension as defined above
4. STATEMENT OF CHARGES
In major disciplinary matters the statement of charges should be specific and factual and enumerate violations of Section A of this article. All evidence requested by the employee or the Union, and relied upon for disciplinary actions, shall be supplied to the employee or his or her representative. Any evidence discovered after the initial request by the employee or the Unio n shall be supplied to the employee or the Union.
Failure to provide all evidence relied upon for disciplinary action shall result in the exclusion of such evidence from any disciplinary hearing.
5. EMPLOYEE’S RIGHT TO RESPOND
In major disciplinary matters, the employee’s rights include calling witnesses, presenting testimony and evidence, inspection of City evidence, and representation by BCEA/AFSCME or an attorney.
6. THE HEARING
A. The department manager, or his or her authorized representatives in his or her absence, shall preside at major disciplinary hearings.
B. The person conducting the hearing may decide on the facts and render a decision at the immediate conclusion of the hearing or advise the employee within ten calendar days. A summary of the decision will be sent to the employee and to the BCEA (Statements made by the parties at the hearing shall not be included).
7. EMERGENCY DISCIPLINARY SITUATIONS
A. Emergency disciplinary situations exist when the continuation on the job by the employee shall constitute an immediate adverse effect on the function of the department in which the employee works.
B. In such situations the employee may be placed upon suspension with pay for a period of time no more than ten calendar days from the employee’s receipt of notice of the hearing.
ARTICLE XIV
88 C. At the discretion of the department manager, the employee may not be permitted to come to his or her regular place of employment or may be assigned a task where the department’s function is not jeopardized by his or her presence.
8. IMPLEMENTATION
In implementing the disciplinary procedure, a full trial type evidentiary hearing is not required in pre-disciplinary hearings.
SECTION D MEDIATION
Prior to requesting a post disciplinary hearing, BCEA may request that a discipline be submitted to mediation subject to the provisions of Article XIII, Section C.4. of this MOU.
SECTION E FORMAL DISCIPLINARY PROCEDURES AND POST
DISCIPLINARY HEARINGS
1. SUSPENSION
Any person holding a position or employment in the Civil Service System shall be subject to suspension without pay by the appointing power, but such suspensions shall not exceed a total of thirty (30) days in any fiscal year; provided, however, any person suspended without pay shall have the right of appeal in the manner provided by this Article.
2. EXCEPTION
Neither the provisions of this Section nor this Article shall apply to reductions in pay which are part of a general plan to reduce salaries and wages as an economy measure or as part of a general curtailment program.
3. Right of Appeal is defined in Section E of Article XIII.
4. Verbal and written reprimands will be processed only in accordance with the provisions in Article XIV . Such reprimands may not be processed through the grievance procedure or appealed to the Civil Service Board.
ARTICLE XV
89 ARTICLE XV
INFORMAL DISCUSSION OF DEPARTMENTAL PROBLEMS
SECTION A DEPARTMENTAL MEETINGS
Departmental Managers will implement the following policy:
1. The BCEA may request, monthly, that a meeting be scheduled between the Department Steward or Stewards, the Department Head, and his or her representatives, to discuss items of mutual interest. Advance notification of at least three (3) working days of such meeting(s) shall be sent to the BCEA President. At the option of the BCEA, the President of the BCEA may be present at such meetings. The Department Head shall make every effort to comply with this request.
2. Department Managers are encouraged to consult with employee representatives on departmental problems, future actions, and related matters. Union representatives cannot enter into binding agreements on meet and confer matters without the expressed written permission of the President of BCEA or his or her designated representative.
3. In addition to the monthly meeting, Department Managers are encouraged to meet with department representatives when it would be to everyone’s advantage to meet immediately.
4. Department managers shall permit short meetings for employees held by the Steward during business hours in order to discuss departmental problems so long as it does not interfere with the orderly and efficient operations of the Department.
ARTICLE XVI
90 ARTICLE XVI
HEALTH AND SAFETY
SECTION A SAFETY IN THE WORK PLACE
The City and the BCEA reaffirm their joint commitment to ensure safety and reasonable health in the work place and to maintain a continuous awareness of safety procedures and accident prevention guidelines. In order to reinforce these objectives, a Citywide Safety Coordinators Committee has been established to broaden the base of participation in safety activities. The Burbank City Employees Association (BCEA) will have two representatives on the Safety Coordinators Committee. Each representative will serve one (1) year. The representatives will be appointed six (6) months apart.
SECTION B SAFETY SHOES
1. Every two years the City shall provide to full-time and part-time employees three (3) pairs of department approved safety shoes to each affected employee at no cost to the employee. Approved safety shoes shall mean such styles as may be approved by the af fected department and which provide, in the opinion of the City’s Safety Officer, adequate safety.
2. For this section, the term “employee” shall mean a person on active status at the time of request for safety shoes.
SECTION C SAFETY GLASSES
1. It is the policy of the City to require the use of safety glasses or other eye protection in all classifications of employment in which there is a significant threat of eye injury. This policy is in accord with the California Occupational Health Act of 1973. The Safety Officer shall reasonably determine which employees are eligible and are required to wear safety glasses.
2. For those employees, the City will pay for the cost of frames, prescription lens, and fitting or other eye protection as referenced in Section C1 above.
The cost of eye examinations to obtain the prescription will be paid by the employee. The City will provide plain safety glasses to qualifying employees not requiring prescription lens.
3. Broken or badly damaged glasses will be replaced by the same method as the glasses were originally obtained. Damaged safety glasses will be required to be turned in. Lost glasses will be replaced at the expense of the employee.
SECTION D RAINGEAR
The City shall provide raingear for Crossing Guards and Field personnel.
SECTION E VDT SAFETY COMMITTEE
The City & the BCEA agree that the issue of VDT (Video Display Terminal) safety is worthy of study. The parties agree to establish a joint committee to review the
ARTICLE XVI
91 information available, and formulate recommendations, and a plan including a time frame for implementation by the City.
SECTION F SPECIAL MEDICAL EXAMINATIONS AND DRUG AND ALCOHOL
PROGRAMS
1. The City Manager or a Department Manager may require an employee to have a special medical examination at City expense, if it appears to the department manager that the employee has or is developing a condition that may impair his or her ability to perform his or her work. If the examination confirms that the employee has or is developing such a disabling condition, the employee will be advised of it and directed to seek attention under the direction of his or her personal physician. The employee will be evaluated for retention in his or her present position, transfer to another position, or rehabilitation training depending on specific conditions in each case. Evidence developed by this procedure shall not be used for discipline, discharge, or termination except when the disabling condition is due to alcohol or an illicit drug, and then only upon properly following the rules and standards in “2" and “3" below.
2. When there is reasonable cause to believe that an employee, while on the job, is unfit for duty because of alcohol or illicit drugs, or is using alcohol or illicit drugs on the job, the employer may direct such employee to submit to medical examination. Where the results of the medical examination shows that the employee’s disabling condition on the job was due to the influence of alcohol or an illicit drug, the employee will be evaluated for retention in his or her present position, transfer to another position, rehabilitation training or imposition of discipline pursuant to Article XIV - Discipline & Discharge.
3. In administering “2" above the following rules shall be adhered to by the City:
A. The City will take every reasonable step, directly and through clinics, medical personnel and other agents and contractors, to preserve the chain of custody of the urine or blood sample given and do so in a manner which eliminates or practically eliminates the opportunity for samples to be lost, switched, confused, mixed or otherwise compromised. Employee shall receive promptly upon request part of the urine or blood sample given by the employee and may, at their own initiative and expense, have such sam ple sent to an independent laboratory for testing. The union or the employee shall submit the sample jointly with the employer to the independent laboratory and do so in a manner in which the employer is given ample opportunity to observe the union’s sample at all times prior to it being released to the independent laboratory.
B. Employees will not be subjected to unusual or unprofessional observation techniques when they provide samples.
ARTICLE XVI
92 C. The City will train employees to become Drug Recognition Experts to the extent that this is possible. If this is not possible the Department will seek to obtain appropriate training for employees in the recognition and identification of alcohol and drug use. Such alternate training must be acceptable to the union.
D. It is the intent of the City that whenever there is a vehicle accident involving a "third party", a police officer and/or a Drug Recognition Expert will respond to the accident. The police officer or the DRE will determine if a drug screen is necessary based on a determination that there is reasonable cause to believe that an employee, while on the job, is unfit for duty because of alcohol or drugs.
SECTION G U.S. DEPARTMENT OF TRANSPORTATION, ALCOHOL AND
DRUG ABUSE POLICY
This agreement supplements the City of Burbank Alcohol and Drug Abuse Policy.
The provisions of this agreement apply only to those employees who are subject to the U.S. Department of Transportation Drug Testing Regulations pertaining to holders of commercial driver’s license when required by the City of Burbank. All other employees remain subject to the City’s existing policies, Administrative Procedures, and the provisions of their applicable agreements.
As with all employees, employees subject to the U.S. Department of Transportation Drug Testing Regulations are expected to report to work free of drugs and/or alcohol.
The BCEA shall have access, upon request, to review any documents generated by the HEIDI Random Computer Program, including who has accessed the Program and when random tests were generated.
When a random test is generated, a hard copy of the randomly selected names, including a listing of the entire pool, will be printed and retained with the permanent drug testing records. (See Exhibit H).
ARTICLE XVII
93 ARTICLE XVII
EMPLOYEE RIGHTS
SECTION A PAYROLL DEDUCTION AND DUES
1. UNION MEMBER DEDUCTION AND DUES
A. The City shall deduct BCEA dues on the bi-weekly payroll basis, and remit to the Union, subject to the provisions outlined in this section.
Such deductions shall be made only when the employees' earnings for a pay period are sufficient after other legally required deductions are made. Both parties are aware that the amount of dues deductions are subject to the limitations of the computer-based payroll system.
B. BCEA hereby certifies that it has and will maintain authorizations for individual employees. The City shall rely on representations made by BCEA regarding the authorization to make, revoke, cancel, or change deductions for employees represented by BCEA.
C. The City shall deduct dues for employees represented by BCEA following receipt of written notice from BCEA that written authorization has been provided to the Association by the employee.
D. If a BCEA represented employee desires to revoke, cancel, or change prior dues deduction authorization, such requests shall be directed in writing to the Association, which shall promptly provide written notice to the City. The City shall stop or change dues effective the beginning of the pay period following April 1 of each calendar year. A copy of the processed cancellation forms shall be forwarded to the Union.
E. Should there be a dispute regarding the deduction of dues, the BCEA shall provide the City with a copy of the authorization(s) signed by the BCEA represented employee.
F. At BCEA’s request, the City will provide copies of dues deduction records in the City’s possession as well as a list of employees with dues deductions in place.
G. The BCEA, in consideration for and as a condition of the City withholding and transmitting payroll and benefit deductions authorized by this MOU and in compliance with Senate Bill 866, shall hold harmless the City, its officers, and employees from any liability that may result from making, canceling, or changing requested deductions certified by the BCEA.
2. COMMUNICATIONS WITH BCEA REPRESENTED EMPLOYEES
A. The City shall not deter or discourage employees or applicants represented by BCEA from becoming or remaining members of the
ARTICLE XVII
94 Association, or from authorizing dues or fee deductions to the Association.
B. If the City chooses to disseminate mass communications to employees or applicants represented by BCEA concerning their right to join or support an employee organization, or to refrain from joining or supporting an employee organization, it shall meet and confer with the BCEA concerning the content of the mass communication.
C. If the City and the BCEA do not agree on the content of the City’s mass communication as referenced above in Section B, the City shall distribute to the employees, in addition to, and at the same time as, its own mass communication, a communication of reasonable length provided to the City by the BCEA. The Association shall provide the City with adequate copies of its ow n mass communication prior to distribution.
SECTION B MEMBERSHIP LIST
The City shall furnish the BCEA a listing each September 1st, December 1st, March 1st and June 1st of member employees in classifications represented by the BCEA. The City shall furnish the BCEA a listing each September 1st of non - member employees in classifications represented by the BCEA. In addition, the City shall provide the BCEA a listing by the 20th of each month of all new employees hired on a non- temporary basis during the preceding month into classifications represented by the BCEA.
SECTION C ACCESS TO WORK LOCATIONS
Reasonable access to employee work locations shall be granted to officers of the Association and its authorized representatives for the purpose of processing grievances or contacting members of the Association concerning business within the scope of repres entation. Such officers or representatives shall not enter any work locations without the consent of the City or its authorized representative, and such consent shall not be unreasonably denied. Access shall be restricted so as to not interfere with the normal operations of the department or with established safety or security requirements. Solicitation of membership and activities concerned with the internal management of an employee organization, such as collecting dues or campaigning for office, will not be permitted during working hours.
SECTION D MEETING WITH NEW EMPLOYEES
The City shall notify the BCEA of the dates and times of the new employees' orientation not less than 10 days’ notice in advance of an orientation, except that a shorter notice may be provided in a specific instance where there is an urgent need critical to the City’s operations that was not reasonably foreseeable. The structure, time, and manner of BCEA access shall be determined through mutual agreement between the City and the BCEA, subject to the requirements of Section 3557 of the Government Code. BCEA will be allowed to speak to new employees
ARTICLE XVII
95 at the conclusion of the orientation by Management Services staff. The City shall only give notice of the orientation to the effected employees, their supervisors and/or Department Directors, or to a vendor that is contracted to provide service for purposes of the orientation. In addition, the City agrees to notify BCEA when employees become newly represented by BCEA as soon as practical.
SECTION E PERSONNEL FILES
The City acknowledges that an employee is entitled to review the contents of their “official” file located in the office of the Management Services Department at reasonable intervals. An employee may request a Union representative to assist him or her in reviewing said folder.
SECTION F TIME OFF FOR CIVIL SERVICE BOARD MEETINGS
1. Employees shall be granted time off without loss of pay to attend meetings of the Civil Service Board which are scheduled during the employees regular working hours, if the employee is (1) president of an employee organization and/or vice president, if the president cannot attend; (2) chairperson of the civil service committee or salary committee chairper son of an employee organization, if the salaries are being discussed; (3) present on official business before the Board including an appeal by the employee or representation of an employee by another for the purpose of appeal; or (4) present because, in the opinion of his or her department manager, the interests of the City are served by having the employee present.
2. Employees shall request permission from their department manager to attend at least twenty-four (24) hours prior to the meeting. Unless otherwise authorized, employees must return to work as soon as the business for which they are attending is completed.
SECTION G RIGHT OF REPRESENTATION
The BCEA may, at the employee’s option, represent the employee at disciplinary hearings, investigatory interviews, counseling, evaluations (only overall evaluations below achieves expectations), meetings to mete out discipline, safety meetings (accident review), any discussion or meeting concerning layoff or retirement, grievance meetings, arbitration proceedings, or Civil Service Board meetings or hearings. If an employee requests union representation and is not provided with it, admissions obtained by interrogation shall not be used against an employee in any proceeding or action by the City. Interrogation shall mean either express questioning or behavior by a manager or supervisor that is reasonably likely to elicit an incriminating response.
SECTION H CITY BULLETIN BOARDS
Adequate space shall be made available to the BCEA on City bulletin boards throughout the City provided the material posted is not derogatory to the City, of a political nature, or commercial advertising designed for purposes other than employee benefit or morale, or not endorsed by the BCEA. Notice shall be dated and signed by the authorized representative of the union responsible for its
ARTICLE XVII
96 issuance.
SECTION I UNION LEAVE
1. An aggregate of two thousand and eighty (2080) working hours per fiscal year shall be available without loss of pay for use by the BCEA President.
2. Effective May 25, 2025, An aggregate of 1,100 hours per calendar year of release time with pay shall be available to BCEA employees for any meetings initiated by the BCEA not involving City staff, including but not limited to Stewards and Executive Board m eetings, preparation for City related union appearances, to provide counsel to employees on labor relations subjects, to attend union conferences and conventions held by labor or professional organizations, and to serve on the union election committee. Unu sed hours accrued annually during the contract may be rolled over to the following year and utilized at any time until the expiration of the contract.
2. An aggregate of 750 hours per fiscal year of release time with pay shall be available to BCEA employees for any meetings initiated by the BCEA not involving City staff, including but not limited to Stewards and Executive Board meetings, preparation for City related union appearances, or to counsel employees on labor relations subjects.
3. An aggregate of 350 hours of union leave per fiscal year will be available for board members and other representatives to attend union conferences and conventions held by labor or professional organizations, and to serve on the union election committee.
43. BCEA employees may use City time to attend meetings initiated by the City, including but not limited to the following:
Safety Committee meetings
Accident Investigation Committee meetings
Deferred Compensation Committee meetings
Civil Service Board meetings
Investigative interviews
Monthly department meetings pursuant to Article XV
Pre-disciplinary meetings
BERMT meetings
5. Department managers may make efforts to arrange the hours of day shift employees on the day in question so as to adjust the hours of the employee in order to allow such employee to finish his or her shift before the start of a Steward’s Council or Execut ive Board meeting. Evening and night shift employees shall attend these meetings with pay and without adjustment of their hours.
ARTICLE XVIII
97 ARTICLE XVIII
98 ARTICLE XVIII
MANAGEMENT RIGHTS AND PAST PRACTICES
SECTION A MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to:
1. Determine the mission of its constituent departments, divisions, commissions, and boards;
2. Set standards of service and municipal fees and charges;
3. Determine the procedures and standards of selection for employment, assignment, transfer, and promotion;
4. Direct its employees;
5. Take disciplinary action for just cause;
6. Relieve its employees from duty because of lack of work or for other legitimate reasons;
7. Maintain the efficiency of governmental operations;
8. Determine the methods, means, and personnel by which governmental operations are to be conducted;
9. Determine the content of job classifications;
10. Take all necessary actions to carry out its mission in emergencies;
11. Exercise complete control and discretion over its organization and technology of performing its work.
SECTION B ALL RIGHTS RETAINER
All rights held by the City, or vested in the City, on the effective date of this Article and not mentioned in Section A of this Article are retained by the City unless altered by this Memorandum of Understanding or by a past practice covered by Section C of this Article.
SECTION C PAST PRACTICES
Past practices concerning rights, wages, hours, and working conditions will be continued unless specifically altered by this agreement.
SECTION D CONTROL
If any rule or regulation conflicts with this document or is superseded by this document, this Memorandum of Understanding is controlling.
ARTICLE XIX
99 ARTICLE XIX
MISCELLANEOUS
SECTION A ARBITRATION TRAINING
The City agrees to provide American Arbitration Association training to new BCEA Executive Board members and stewards. The City agrees that the BCEA will be advised of Civil Service Board openings and be afforded the opportunity to provide the City Council with a list of names for consideration for appointments.
SECTION B CONTRACT TRAINING
The parties agree that every manager and supervisor shall be provided with a copy of the current contract and receive formal training as to its application. This training is to be completed within six (6) months from City Council approval of this agreement
SECTION C MOU COPIES
The City will provide to the BCEA, at no cost, up to 400 printed copies of this collective bargaining agreement. The printed copies will be 8½ inches by 11 inches. The City will provide the copies no later than 60 days after the new Memorandum of Understanding is approved.
SECTION D CRAFT AND PROFESSIONAL LICENSES
The City will pay for or reimburse fees for all licenses , certificates, examinations or training that it requires of employees in their present positions. This includes but is not limited to professional fees, Class A or B Driver’s licenses, water treatment certificates, Engineer -In-Training certificates, FCC licenses, toxic materials certificates, smog certificates, continuing education units for required licenses and certificates, and back-flow valve certificates. This provision does not include remedial training or preparation for advancement. All employees as above who need to maintain and renew their licenses for work which they do for the City shall be given adequate time off with pay in order to take such renewal examinations or required seminars.
SECTION E NOTICE OF RESIGNATION
A permanent employee, who leaves City employment for reasons other than as stated herein, shall give reasonable notice of not less than two (2) weeks and shall submit in writing his or her resignation from the position. Permanent employees who do not submit a resignation but voluntarily leave the service of the City without notice to the City Manager may be deemed discharged.
SECTION F RENEGOTIATION
If any term or provision of this Agreement is found to be in violation of any City, County, State, or Federal law, the parties agree to meet promptly, and as often as necessary, to expeditiously renegotiate this term or provision. All other terms and provisions of this agreement shall remain in full force and effect during the period of such negotiations and thereafter until their normal expiration date.
ARTICLE XIX
100
SECTION G FAIR LABOR STANDARD ACT
The parties understand that many of the employees covered by this agreement may also be covered by the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. , Section 201 et seq. (FLSA). To the extent that any provision herein conflicts with the FLSA, employees covered by the FLSA shall receive benefits required there under and any additional benefits set forth herein if compatible with FLSA.
SECTION H PROVISIONS OF LAW
It is understood and agreed that this Memorandum of Understanding is subject to all current and future applicable federal and state laws, ordinances and regulations and any lawful ordinances and regulations enacted by the City of Burbank. If any part or provisions of this Memorandum of Understanding is in conflict or inconsistent with such applicable provisions of federal and state laws, regulations or ordinances or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended or superseded by such applicable law, regulation, or ordinance and the remainder of the Memorandum of Understanding shall not be affected thereby.
SECTION I TRADES COMMITTEE
The parties will continue with the joint Union/Management Committee known as the “Trades Committee”. The purpose of the committee will be to meet and confer to determine whether inequities exist between BCEA trade classifications and comparable classifications within the IBEW trade series and other outside agencies.
SECTION J BURBANK EMPLOYEE RETIREE MEDICAL TRUST (BERMT) The City provided $20,000.00 to set up a Retiree Medical Trust Coalition in 2003. In addition, the City deposited the sum of $2.4 million for three years ’ worth of monthly payments for the prospective retirees. The employer rates were established as $50.00 per month effective April 1, 2003, $60.00 per month effective April 1, 2004, and $65.00 per month effective April 1, 2005. Upon implementation, employees contributed $20 per pay period to the trust.
Effective April 1, 2006 the City and each eligible employee will both contribute $26.25 per pay period to the BERMT.
Effective December 16, 2007 the City and each eligible employee will both contribute $30.00 per pay period to the BERMT. Effective September 7, 2008 the City and each eligible employee will both contribute $40.00 per pay period to the BERMT. Effective August 1, 2010 the City and each eligible employee will both contribute $50.00 per pay period to the BERMT.
SECTION K CLASSIFICATION VACANCIES
The City shall notify the BCEA quarterly as to any open position and the expected time frame to fill said position.
ARTICLE XIX
101
SECTION L 457 CONTRIBUTION (DEFERRED COMPENSATION)
Effective the beginning of the pay period containing January 1, 2017May 25, 2025 , the City began matchingwill match an employee contributions to the City’s 457 Deferred Compensation Plan of up to $ 2530.00 per pay period for employees identified by the Public Employee Retirement System (PERS) as Classic Members.
Effective May 25, 2025, employees identified by PERS as New Members may select for the City to match their contributions to the City’s 457 Deferred Compensation Plan either up to 2% of base pay, or up to $30.00 per pay period
Effective June 22, 2025, employees identified by PERS as New Members may select for the City to match their contributions to the City’s 457 Deferred Compensation Plan either up to 3% of base pay, or up to $30.00 per pay period.
SECTION M END OF “INCENTIVE PROGRAM”
Effective December 31, 2025, BCEA and the City agree to end the practice of allowing Solid Waste Truck Operators to end their shift early upon completion ofif they complete their designated routes. In exchange, the City agrees to the following provisions contained in this MOU:
1. Article II, Section H.1. - Holiday Pay will increase to 10%, effective May 25, 2025
2. Article II. Section H.9. - Refuse Collection Assignment differential will increase from 5% to 7.5%, effective May 25, 2025.
3. Employees in the Solid Waste Truck Operator classification will continue to receive 5.25% retention pay until the end of this contract (June 30, 2026).
4. Article V, Section 2.E. – Solid Waste Truck Operators may continue to leave work at 12pm, as long asif they have satisfactorily finished their routes on City- observed holidays.
SECTION N REOPENER PROVISION
The City agrees to meet monthly with BCEA, beginning no later than six weeks following Council adoption, to continue discussions limited to the subjects and provisions specified below (listed in no particular order):
1. Class & Compensation:
a. Duties, responsibilities, and qualifications of the following titles:
1. Forensic Specialist
2. Heavy Equipment Operator
3. Human Resources Technician
4. Intermediate Clerk
5. Laborer
6. Recreation Leader
7. Senior Recreation Leader
8. Social Services Coordinator
b. Compensation for the following titles:
1. Heavy Equipment Operator
ARTICLE XIX
102
2. Motor Sweeper Operator
2. Article II, Section H.5. - Asphalt Spray Differential
3. Article III, Section A.4. - Discuss the addition of Library Pages to the PERS system.
4. Article VIII, Section F.3.C. 16-Hour Rule & Rest Periods
5. Article VIII, Section F.8. - In Lieu Accumulation
6. Article XII, Section C.5. – Panel of Arbitrators
7. Exhibit A - Expedited Hiring
8. Exhibit B - Civil Service Exempt Employees
SIGNATURE PAGE
103
In witness whereof, the parties hereto have caused their authorized representatives to execute this Memorandum of Understanding on this date to be effective the 1st day of July 20222024, and as provided herein.
ON BEHALF OF THE CITY OF
BURBANK:
ON BEHALF OF THE BURBANK CITY
EMPLOYEES’ ASSOCIATION:
___________________________
JUSTIN HESS
City Manager
___________________________
BETSY MCCLINTON
Management Services Director
___________________________
GRISELDA SANDOVAL
BCEA President
___________________________
Erik Sartuche
BCEA Vice President
___________________________
JULIE CHAIDEZ
Human Resources Manager
___________________________
MICHELLE RODRIGUEZ
Administrative Analyst II
EXHIBIT A
104
EXHIBIT A
AFFECTED EMPLOYEES CLASSIFICATION TITLES
Note: Any classification marked with a plus (+) sign is exempted from layoff rights per Article I and Article X. Any classification marked with an asterisk (*) sign, although Civil Service, is subject to “expedited hiring” “Expedited hiring” means the City does not have to post, advertise, recruit, or select in accordance Civil Service Rules or Exhibit E of this MOU.
ACCOUNT CLERK
ACCOUNTANT
ANIMAL CONTROL OFFICER
APPLICATION DEVELOPMENT ANALYST I
AQUATIC PROGRAM COORDINATOR
AQUATICS SUPERVISOR
ASSISTANT PLANNER
ASSISTANT TRAFFIC SIGNAL TECHNICIAN
ASSISTANT TRANSPORTATION PLANNER
ASSOCIATE TRANSPORTATION PLANNER
ASSOCIATE PLANNER
BENEFITS COORDINATOR
BUILDING INSPECTOR I
BUYER I
BUYER II
CARPENTER
CARPENTER LEADWORKER
CEMENT FINISHER
CIVIL ENGINEERING ASSISTANT
CIVIL ENGINEERING ASSISTANT-BWP
CIVIL ENGINEERING ASSOCIATE
CIVIL ENGINEERING ASSOCIATE- BWP
CLIENT TECHNOLOGY SPECIALIST
CODE COMPLIANCE INSPECTOR I
CODE COMPLIANCE INSPECTOR II
COLLECTIONS SPECIALIST
COLLECTIONS SYSTEMS JOURNEYMAN
COLLECTIONS SYSTEMS LEADWORKER
COLLECTIONS SYSTEMS WORKER
COMMUNICATIONS OPERATOR
COMMUNICATIONS SUPERVISOR
COMMUNITY SERVICE OFFICER
CONSTRUCTION INSPECTOR I
CONSTRUCTION INSPECTOR II
CONSTRUCTION & MAINTENANCE LEADWORKER
CONSTRUCTION & MAINTENANCE WORKER
CROSS CONNECTION CONTROL SPECIALIST
CROSSING GUARD *
CUSTODIAL LEADWORKER
CUSTODIAN
CUSTOMER SERVICE REPRESENTATIVE I
CUSTOMER SERVICE REPRESENTATIVE II
CUSTOMER SERVICE REPRESENTATIVE III
CUSTOMER SERVICE SUPERVISOR
DUPLICATING MACHINE OPERATOR
ELECTRICAL ENGINEERING ASSOC. I
ENGINEERING TECHNICIAN
FACILITY TECHNOLOGY COORDINATOR
FIBER SERVICES SUPERVISOR
FIELD SERVICE REPRESENTATIVE
FIELD SERVICE REPRESENTATIVE II
FIRE EQUIPMENT MECHANIC
FIRE EQUIPMENT SPECIALIST
FIRE INSPECTOR I
FIRE INSPECTOR II
FLEET MAINTENANCE TECHNICIAN
FLEET UTILITY WORKER
FOOD SERVICES AIDE *
FOOD SERVICES SUPERVISOR
FORENSIC SPECIALIST
FORENSIC SPECIALIST SUPERVISOR
FORESTRY SERVICES SUPERVISOR
GIS SPECIALIST
GRAPHICS MEDIA DESIGNER
GROUNDSKEEPER
GROUNDSKEEPER HELPER
HEAVY EQUIPMENT OPERATOR
HEAVY TRUCK DRIVER
HELICOPTER MECHANIC
HOUSEHOLD HAZARDOUS WASTE LEADWORKER
HOUSEHOLD HAZARDOUS WASTE TECHNICIAN
HOUSING ASSISTANT + *
HOUSING SERVICES ASSISTANT + *
HOUSING SPECIALIST + *
HUMAN RESOURCES SPECIALIST
HUMAN RESOURCES TECHNICIAN I
HUMAN RESOURCES TECHNICIAN II
INFORMATION SYSTEMS ANALYST I
INTELLIGENT TRANSPORTATION SYS SPECIALIST
INTERMEDIATE CLERK
IRRIGATION SPECIALIST
JAILER
JUNIOR ENGINEERING AIDE - BWP
KENNEL ATTENDANT
LABORER
LANDFILL LEADWORKER
LANDSCAPE SERVICES SUPERVISOR
LEAD JAILER
LEGAL ASSISTANT
LEGAL SECRETARIAL CLERK
EXHIBIT A
105
ELECTRICAL ENGINEERING ASSOCIATE II
ELECTRICAL SERVICE PLANNER
ENGINEERING AIDE
ENGINEERING ASSISTANT – TRAFFIC
ENGINEERING ASSOCIATE – TRAFFIC
LEGAL SECRETARY
LIBRARIAN*
LIBRARY ASSISTANT
LIBRARY ASSOCIATE
LIBRARY OPERATIONS SUPERVISOR
LIBRARY CLERK
LIBRARY PAGE/PT
LICENSE AND CODE SERVICES INSPECTOR I
LICENSE AND CODE SERVICES INSPECTOR II
METAL WORKER
MOTOR SWEEPER OPERATOR
MUNICIPAL RECORDS CLERK
NETWORK SUPPORT ANALYST I
OFFSET PRESS OPERATOR
PAINTER
PAINTER LEADWORKER
PARKING CONTROL OFFICER
PARKING CONTROL SUPERVISOR
PARKING PERMIT TECHNICIAN
PAYROLL TECHNICIAN I
PAYROLL TECHNICIAN II
PERMIT TECHNICIAN
PIPEFITTER
PIPEFITTER-OPERATOR
PLANNING TECHNICIAN
POLICE RECORDS TECHNICIAN
POLICE RECORDS TECHNICIAN SUPERVISOR
POLICE TECHNICIAN
POWER RESOURCES PLANNINC ASSOC. I
POWER RESOURCES PLANNING ASSOC. II
POWER SUPPLY SCHEDULER
PRINCIPAL CLERK
PROGRAM SPECIALIST
PROPERTY AND EVIDENCE TECHNICIAN
PUBLIC SAFETY FACILITY TECHNICIAN
PUBLIC WORKS JOURNEYMAN
RANGEMASTER
RECORDS TECHNICIAN
RECREATION COORDINATOR
RECREATION SUPERVISOR
RIGHT OF WAY SPECIALIST
SECURITY GUARD
SENIOR ACCOUNTANT
SENIOR ANIMAL CONTROL OFFICER
SENIOR CIVIL ENGINEERING ASSISTANT
SENIOR CLERK
SENIOR CODE COMPLIANCE INSPECTOR
SENIOR ELECTRIC SERVICE PLANNER
SENIOR ENGINEERING TECHNICIAN
SENIOR FLEET MAINTENANCE TECHNICIAN
SENIOR SURVEY AIDE
SENIOR TREE TRIMMER
SENIOR UTILITY LOCATOR
SENIOR VIDEO PRODUCTION ASSOCIATE
SENIOR WATER PLANT MECHANIC
SENIOR WATER PLANT OPERATOR
SIGN LANGUAGE INTERPRETER
SKILLED WORKER
SOCIAL SERVICES COORDINATOR *
SOCIAL SERVICES SUPERVISOR
SOCIAL SERVICES PROGRAM SUPERVISOR/NUT
SOLID WASTE LEADWORKER
SOLID WASTE TRUCK OPERATOR
SOLID WASTE UTILITY WORKER
SPECIAL ACTIVITY LEADER *
SPECIAL PROJECT CREW LEADER *
STOREKEEPER
STORES HELPER
STREET MAINTENANCE LEADWORKER
SUPERVISING ACCOUNT CLERK
SUPERVISING CLERK
SUPERVISING OFFSET PRESS OPERATOR
TECHNICAL SUPPORT ANALYST I
TECHNICAL SUPPORT ANALYST II
TIRE MAINTENANCE WORKER
TRAFFIC CONTROL JOURNEYMAN
TRAFFIC SIGNAL OPERATIONS SPECIALIST
TRAFFIC SIGNAL TECHNICIAN
TRANSPORTATION OPERATIONS SUPERVISOR
TRANSPORTATION SCHEDULER *
TRANSPORTATION SERVICES DRIVER *
TREASURER TECHNICIAN
TREE TRIMMER
TREE TRIMMER HELPER
UTILITY ACCOUNTING ANALYST
UTILITY BUSINESS SYSTEMS ANALYST
UTILITY LOCATOR
VETERINARY TECHNICIAN
VIDEO PRODUCTION ASSOCIATE
WATER METER MECHANIC
WATER PLANT MECHANIC
WATER PLANT OPERATOR
WATER QUALITY ANALYST
WATER SERVICE PLANNER
WELDER
WORKER’S COMP. REP. II
WORKERS’ COMP. AND RISK MGMT REP. I
EXHIBIT A
106
SENIOR GROUNDSKEEPER
SENIOR LIBRARIAN*
SENIOR LIBRARY ASSISTANT
SENIOR CODE ENFORCEMENT INSPECTOR
SENIOR CONSTRUCTION INSPECTOR
SENIOR FLEET MAINTENANCE TECHNICIAN
SENIOR GIS SPECIALIST
SENIOR PROPERTY AND EVIDENCE TECHNICIAN
SENIOR POWER RESOURCES PLANNER
SENIOR RECREATION LEADER
SENIOR SECRETARY
SENIOR SECURITY GUARD
EXHIBIT B
107
EXHIBIT B
AFFECTED CIVIL SERVICE EXEMPT EMPLOYEES
CLASSIFICATION TITLES
BCEA
PIPEFITTER APPRENTICE
CLERICAL WORKER POLICE CADET
FACILITY ATTENDANT I RECREATION LEADER
FACILITY ATTENDANT II SENIOR FOOD SERVICES AIDE
FLEET MAINTENANCE APPRENTICE SENIOR LIFEGUARD
UTILITY WORKER
LIBRARY MONITOR WORK TRAINEE I
LIFEGUARD YOUTH EMPLOYMENT ASSISTANT
LIFEGUARD-INSTRUCTOR YOUTH EMPLOYMENT COORDINATOR
LOCKER ROOM ATTENDANT YOUTH EMPLOYMENT JR TEAM LEADER
MAIL ROOM ASSISTANT YOUTH EMPLOYMENT TEAM LEADER
YOUTH SERVICES WORKER
NOTE: These positions may be temporarily classified as Exempt on a limited basis, only for the purpose of allowing current employees to accept these positions without loss of benefits.
EXHIBIT C
108
EXHIBIT C
AFFECTED CONFIDENTIAL EMPLOYEES
The following classifications (positions) are designated as “confidential employees” per the City’s Employer/Employee Relations Ordinance:
BENEFITS COORDINATOR
HUMAN RESOURCES TECHNICIAN I
HUMAN RESOURCES TECHNICIAN II
INTERMEDIATE CLERK (MANAGEMENT SERVICES DEPARTMENT ONLY)
LEGAL SECRETARY
LEGAL SECRETARIAL CLERK
SENIOR CLERK (EMPLOYEE RELATIONS & CITY ATTORNEY’S OFFICE)
EXHIBIT D
109
EXHIBIT D
DEFINITIONS
Arbitration: A system for resolving a grievance where the parties agree on an independent third party to resolve the dispute.
Civil Service System: The employment system based on merit and fitness established pursuant to Section 37 of the City Charter.
Class/Class of Position: A group of positions which is substantially so similar with respect to difficulty, responsibility, and character of work as to require the same kind and amount of training and experience for proper performance and to merit equal pay. The class specifications are to be considered descriptive and
explanatory and not necessarily inclusive or exclusive.
Continuous Service: Employment in a regular position which has not been interrupted by resignation, discharge, retirement, or layoff.
Department: A principal branch of City government that includes the offices of elected City officials and Council appointed employees.
Differential Pay: Compensation in addition to an employee’s base pay for performing the duties prescribed in Article II, Section H.
Displacement: A complex system of transfers and/or terminations utilized during a layoff or the return of a permanent employee to his/her former position.
Emergency: An unforeseen circumstance requiring immediate action, a sudden unexpected happening, or unforeseen occurrence or condition, or a pressing necessity. This definition does not apply to Emergency Leave.
Employee: Any officer or person represented by the BCEA and holding a position in the Classification Plan.
Exempt Employee/ An employee whose classification is listed in Exhibit B and Status: who is not covered by the Civil Service System but is represented by the BCEA.
Full-Time Employee: An employee who regularly works an average of forty (40) hours a week exclusive of overtime (See Article III for benefit exception).
EXHIBIT D
110
Grievance: A dispute or difference of opinion raised by an employee, a group of employees (with respect to a single common issue), or the Union covered by this Agreement involving the
meaning, interpretation, or application of the provisions of this Agreement.
Hours of Work:
5/40 Workweek: A workweek that consists of five (5) consecutive eight (8) hour work days followed by two (2) consecutive days off.
9/80 Workweek: A work schedule in which an employee works nine (9) days/eighty (80) hours in a fourteen (14) calendar day period.
Just Cause: The arbitration standard for upholding discipline and/or discharge. The "just cause" standard must include the
following: (1) the employee must have advance notice either expressed or implied, of the probable or possible
consequences of poor performance or misconduct; (2) the employer's policies, practices, and performance rules must be reasonable and related to the employer's legitimate business interest; (3) before discipline is imposed, the employer must fairly investigate the suspected violation; (4) there must be substantial proof that the employee was guilty of poor
performance or misconduct; (5) rules must be applied
evenhandedly in comparable circumstances; and (6) the
degree of discipline must be reasonable in light of the seriousness of the offense, the kind of employment involved, and the employee's record.
Layoff: A non-disciplinary termination of a regular appointment due to a reduction in personnel or an elimination of a position.
Leadworker: An employee who, under direction, assigns or directs other employees (i.e., a crew) to do routine work.
Meet and Confer Meet and confer in good faith means performance by duly (in Good Faith): authorized City representatives and duly authorized representatives of an employee organization recognized as the majority representative of their mutual obligation to meet at reasonable times and to confer in good faith regarding matters within the scope of representation, including wages, hours, and other terms and conditions of employment, in an effort to: (1) reach agreement on those matters within the authority of such representatives and (2) reach agreement on what will be reco mmended to the City Council on those
matters within the decision making authority of the City
EXHIBIT D
111
Council; but without requiring either party to agree to a proposal or to make a concession.
Meet and Consult: Consult or consultation in good faith means to communicate verbally or in writing for the purpose of presenting and obtaining views or advising of intended actions.
Overtime Work: Work that is performed by an employee of the City in excess of regularly scheduled hours, or on a holiday as defined in Article V, or at times other than those normally required for his/her employment.
Part-time Employee: An employee who regularly works less than forty (40) hours a week (See Article III for benefit exception).
Past Practice: There are generally four elements which should be present in order to cite a past practice: (1) a clear course of conduct; (2) a consistent activity or practice over a reasonable duration; (3) full knowledge and agreement concerning the activity or practice by the City and the Union; and (4) silence or
ambiguity in the Memorandum of Understanding concerning the activity or practice.
Permanent Employee/ An employee who has satisfactorily completed his Status: probationary period and has received an appointment for an indefinite period.
Personnel File: Those official individual employee files maintained by the Management Services Department.
Position: The permanent movement of an employee from one classification to another classification where the maximum step of the new salary range is higher than the maximum step of the old salary range.
Provisional Employee/ A non-permanent appointment to fill openings for an Status: interim period of time.
Recall: A system utilized to reinstate employees who have been laid off or displaced.
Seasonal Appointment/ An employee who is appointed to a temporary position Status: which may offer recurring periodic employment.
Seniority: The status attained by the length of Civil Service is employment for the City of Burbank.
EXHIBIT D
112
Shift Pay: Compensation in addition to an employee’s base pay for working hours as specified in Article II, Section G.
Supervisor: An employee, regardless of job description, with the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or to adjust their grievances, or effectively recommend such actions. The exercise of this authority is not of a merely routine or clerical nature but requires independent judgment. A supervisor is also responsible for evaluating employees' performances.
Temporary An employee who is appointed to a position for a short Appointment: duration for which no rights or privileges accrue.
Title: A position in the Classification Plan.
Transfer: A movement from one department or title to another. Transfer to another title must be to a position of the same or
comparable class and character or work, and where the same general type of examination is given for such position.
Working Out-of-Class: An employee who spends at least 51% or more of his/her time performing duties of a higher level which are not generally included in his/her class specification.
EXHIBIT E
113
EXHIBIT E
EMPLOYMENT EXAMINATIONS AND LISTS
The City of Burbank and the Burbank City Employee’s Association (BCEA) agree to the following provisions relating to employment examinations and employment lists . This Agreement shall apply to all recruitment commenced from December 1, 1993.
I: EXAMINATIONS
1. Examinations Impartial - All examinations shall be competitive, impartial, and suitable, as determined by the Management Services Director, for testing fairly the relative merit and fitness of the person examined to perform the duties of the positions to which they seek appointment.
2. Ordering of Examinations - The Management Services Director shall schedule examinations whenever necessary. The Department Managers shall anticipate future personnel needs of their departments as far as possible.
3. Public Announcement - Notice announcing an examination, setting forth the title of the position, the period for submitting applications, and other descriptive material as deemed necessary by the Management Services Director, shall be posted on the official bulletin board in the Management Services Department in the City Hall, and other conspicuous places. Public notice shall be given at least five (5) working days prior to final filing date.
4. Competitive Examinations
A. All examinations shall be competitive and examinations shall be deemed to be competitive when applicants are tested as to their relative qualifications and abilities, or when a single applicant is scored against a fixed standard.
B. All competitive examinations shall consist of one or more parts carrying a specific or numerical percentage weight as announced at the time of the examination. Such weights are designed to qualify an applicant in terms of the relative fitness to perfor m the duties of the position for which the examination was ordered. Any part of an examination may be deemed as qualifying.
C. Any recruitment posted as Open Competitive shall also be posted as Interdepartmental and Departmental Promotional. Any recruitment posted as interdepartmental shall also be posted as Departmental Promotional.
Current employees competing in Interdepartmental Promotional or Departmental Promotional recruitment, meeting the minimum qualifications as posted in the bulletin, shall be admitted to the next level of the competitive process beyond application screening.
5. Promotional Examinations
A. Promotional examination means an examination given for the purpose of establishing priority among applicants who have status as permanent
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employees and for exempt Utility Workers, Clerical Workers, Library Monitors, Recreational Leaders, Pipefitter Apprentices , Mail Room Assistant, and Work Trainee I, who have completed at least one full year of service. Police Cadets may participate in any Police Departmental examination for any BCEA classification after three months of service as long as they have successfully completed the Police Department required background process.
B. Any promotion to a vacant position shall be based on competitive examinations, an evaluation of records of efficiency, merit, character, seniority in service, or such other measures of merit and fitness as may be necessary.
C. The method of examination, the rules governing the same, and the method of certifying shall be the same as provided for applicants for original appointment. The Management Services Director shall provide the Civil Service Board with a report each month of the promotional competitions which have been scheduled for fewer than four (4) eligible employees and the reasons therefore.
6. Method of Examining - Examinations may consist of one or more of the following parts, to which weights shall be assigned according to their relative value in ascertaining the fitness of candidates:
A. Written Tests;
B. Oral test of knowledge or ability;
C. Performance tests, including physical tests of strength, training, or experience;
D. Interviews covering general qualifications, education, training, or experience;
E. Evaluation of education, training, experience, or other qualifications as shown by the application, or by other information submitted, including questionnaires submitted to references; and any other measure of fitness as deemed appropriate.
7. Continuous Examinations
A. For classes of positions for which the Management Services Director finds it difficult to maintain adequate eligible lists, he may receive applications, conduct examinations, and create eligible lists continuously. (The Management Services Director shall prepare a list of these titles and send it to the Civil Service Board.)
The names of eligible candidates who took the same or a comparable examination on different dates may be ranked for purposes of certification in the order of final earned ratings, except as such order may be modified by the applications of veterans’ prefer ences. Eligibility from a continuous
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examination may be deemed to be established as of the date of the examination.
B. No unsuccessful applicant taking a continuous type of examination may reapply for the same position within (90) days, unless the position is removed from open continuous examination.
8. Postponement or Cancellation of Examinations - Any examination or any part thereof may be postponed or canceled at any time. Notice of such postponement or cancellation shall be posted on the official bulletin board in the Management Services Department in the City Hall, and mailed or telephoned to t he applicants.
In an emergency, when time does not permit such notice, and examination may be postponed or canceled, or the place of examination changed, by posting a notice on the official bulletin board in the City Hall, in the Personnel location at the place where the examination was to be held originally.
9. Preparation - The Management Services Director shall prepare, or have prepared under his direction, all examinations. He may call upon other persons to draw up, conduct, or grade examinations.
II: SCORING & REPORTING OF EXAMINATIONS
1. Subjects, Weights, and General Averages - An examination shall consist of one or more parts. Each part is to be weighted to represent its relative value in the whole examination. The method of obtaining the average percentage of the examination is as follows: Multiply the rating obtained in eac h part by the relative weight of that part, add the products, and divide the sums of the products by the relative weights. The results thus obtained will be the average percentage for the examination. The final average scores will be calculated and rounded up or down to the nearest whole score. The scores will be rounded down if below .5 and rounded up if .5 or above. Normally the general average passing score shall be seventy percent (70%) in any part of an examination.
Any portion of an examination may be deemed as qualifying. When an examination consists of two or more parts, the Management Services Director shall determine whether all applicants who have received grades below seventy percent (70%) on one part will or will not be allowed to proceed to the next part of the examination. This decision is to be based on a consideration of the difficulty of the examination, the quality of the competition, and the needs of the service. Such determination is to be made before the identification of the competitor’s examination papers.
In attempts to improve the competitive process for selection, where an open and promotional examination is given, the Management Services Director may require a higher general average score for those in the promotional category. This minimum shall in no case exceed seventy-seven percent (77%).
In written tests, the seventy percent (70%) used to represent the minimum score need not be the arithmetic seventy percent (70%) of the total possible score. It can be an adjusted score based on consideration of the difficulty of the test, the
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quality of the competition, and the needs of the service.
However, if an applicant fails in a part of the examination with a weight sufficiently great to make it impossible for him to attain a general average of seventy percent (70%) or more, he shall be excluded from further examination and shall be considered as having failed in the entire examination.
2. Veteran’s Preference
A. When and if a veteran earns a passing grade in an Open Competitive examination, an additional one and one- half percent (1½%) of such grade scored shall be added to his grade for each six (6) months of active service, up to a maximum of six percent (6%).
B. A veteran entitled to a disability pension who has been honorably discharged because of wounds or other service incurred disabilities shall be entitled the full six percent (6%) regardless of length of service. Wives of veterans who were wounded, crippled, or otherwise physically or mentally incapacitated to an extent preventing them from engaging in any remunerative occupation, and widows of veterans who died while in such service, shall be accorded the same preference credit as provided for veterans.
C. The veteran should submit with his application his original discharge (or certificate of active service) or a photostatic copy or certified thereof, or, if this is not possible, an official record of his military or naval service based upon records of the Department of Defense. Such document must show the period of active service.
3. Promotability - When and if an employee earns a passing grade in a Promotional examination, there shall be added to his grade a credit for promotability determined by a special rating sheet filed by the Department Manager immediately prior to the competition, in accordance with the following point schedule:
Not recommended for promotion 0
Promotable 1
2 Above Standard 3
4 Outstanding 5
A copy of the rating sheet will be made available to employees by the Recruitment section at employees’ request.
4. Seniority - When and if an applicant earns a passing grade in a Promotional examination there shall be added to his grade a seniority credit. Credit for seniority shall be determined from the record of the employee’s service. For the completion of six (6) months of service, there shall be given a credit of one fourth (¼) point, and a like amount shall be added for each additional six (6) months of service thereafter, provided, however, that the total credit for the seniority shall not exceed
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five (5) points.
5. Inspection of Examination
A. Any applicant in an examination may inspect a copy of the question booklet and the correct answers in the Management Services Department during the five (5) working days immediately following a written test. Standardized tests shall not be subject to review, and continuous tests, if not standardized, shall be open to review only after the end of the testing period.
B. Examination papers of applicants are not subject to inspection by the public nor by other applicants, and the references and oral rating sheets shall be deemed confidential and shall not be open to inspection by the applicant nor by the public.
6. Preservation of Examination Papers - Application forms and examination papers for each examination shall be preserved for a period of not less than forty days after the date of the establishment of the resulting employment list. The examination papers written by an applicant certified for an appointment shall be open to the inspection of the appointing officer during this period.
After the requirements of this section have been fulfilled, all papers relating to an examination must be destroyed, except as provided elsewhere in these rules.
7. Retaking of Examinations - Any person who has been disqualified in any part of an examination may take the next scheduled examination for the same classification under either of the following conditions:
A. When at least three (3) months have elapsed since the date of the part of the previous examination in which the applicant was disqualified.
B. When less than three (3) months have elapsed since the date of the part of the previous examination in which the applicant was disqualified, but that part has since then been substantially revised or charged.
8. Reuse of Test Scores - Test scores of applicants are considered in effect for a period of three (3) months. If an applicant takes a test for an examination for one (1) classification and then is accepted within three (3) months for another examination in which the same test is to be used, either as part or all of the current examination, his previous raw score on that test will be used in computing his converted score on that portion of the current examination.
9. Results of Examination and Establishment of Employment List A. No examination shall be deemed to have been completed until the markings and results thereof have been determined and an employment list has been established there from.
B. The employment list may be promulgated by the City Manager and shall set forth in writing the names of the successful applicants in the numerical order in which they have been rated, giving their ratings and other data deemed to be pertinent for the purpose.
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C. After reviewing the results of the examination and before establishing a list, the City Manager may reject the examination and notify the Civil Service Board at their next meeting, giving the reasons there for. If the examination is rejected, no employment list shall be established there from.
D. No person taking an examination shall acquire any rights by reason of the outcome thereof until an employment list has been established there from.
Such employment list, however, may be revised or canceled as the result of any appeal involving the exami nation or the employment list. See Rule III, 4 below.
III: CIVIL SERVICE RULES
1. Examination Appeals - Any applicant who has competed in an examination may appeal any part of the examination according to the following provisions:
A. Written Part: Appeals on a written test may be made only on the basis of the following:
(1) Clerical or machine error
(2) Ambiguity
(3) Factual error
B. Other Parts: Appeals on other parts of an examination, including but not limited to performance, physical, or oral examinations or application review or rating from records, may be made only on the basis of any of the following:
(1) Mechanical errors in rating or scoring
(2) Fraud
(3) Prejudice
(4) Unfair or unreasonable conduct of examination
C. All appeals on any part of an examination must be submitted within five (5) working days of the test date and prior to the issuance of the scores. All appeals must state specific reasons and supporting evidence for the appeal. The Management Services Director may deny consideration to appeals that do not meet the requirements described above.
D. Appeals on the written test meeting the requirements described above may be referred for consideration to an Appeal Review Board consisting of at least two members. The Board shall be appointed by the Management Services Director. Evidence submitted in appeals may be summarized before presentation to the Appeal Review Board. The results of decisions made by the Appeal Review Board will either be posted in a conspicuous place or will be sent to appellants by mail.
E. Appeals on parts of the examination other than the written test will be referred to the Management Services Director for consideration and decision. The results of these decisions will be sent to appellants by mail.
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F. Appellants who are not satisfied with the decisions made by the Appeal Review Board or the Management Services Director may notify the Management Services Director in writing within five days of the date on the Notice of Results of Appeal (exclusive of Saturdays, Sundays, and holidays). The Management Services Director will then make arrangements for the appellant to present his appeal in person to the Civil Service Board.
The Board, after hearing the appellant, will make their recommendations to the City Manager and his decision shall be final. Results of such will be mailed to the applicant.
IV: EMPLOYMENT LISTS
1. Employment List Created - The Management Services Director shall, when necessary, prepare in accordance with this Agreement and the Civil Service Rules, employment lists for classifications.
2. Order of Names on Employment Lists - The names of applicants who received a passing score shall be placed on an employment list within whole score ranks and in alphabetical order within the ranks. Candidates will be listed on the employment list in descending order of the whole score ranks, from highest to lowest.
3. Disclosure of Names of Eligible Candidates - The employment list, including the names and final scores of all those who passed the examination shall be open to public inspection.
4. Termination of Employment Lists - An employment list may be terminated by the City Manager whenever fewer than three (3) names remain on the list or when a certification of at least three (3) names is impossible because the eligible candidates on the list have either refused appointment or failed to reply to a written inquiry regarding availability.
5. Duration of Employment Lists - An employment list shall be in effect for one (1) year from the date of the establishment, except for Promotional lists for safety members (Fire and Police) which shall be in effect for two (2) years from the date of establishment. The Civil Service Board, at its discretion, may designate a shorter period of time for the duration of an employment list.
An employment list may be extended by the City Manager for an additional year.
A person eligible for certification may retain such rights beyond the life of the employment list as provided in III, 9 and 10 below.
6. Automatic Cancellation of Employment List - An employment list which has been in effect for six (6) months shall be canceled upon promulgation of a new employment list for the same position or group of positions, unless otherwise ordered by the Board.
7. Employment List, Several Departments - If an employment list is used for several departments, a refusal to accept a position in one department shall not preclude certification to a similar position in another department.
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8. Effect of Appointment from Employment List - Whenever a person accepts a permanent appointment for a full -time position, his name shall be removed from the employment list for such a position. If he is appointed to a permanent part - time position, his name shall remain on such list. If he is appointed to a lower-level position from an employment list pertaining to a higher position, his name shall remain on such list. (Any person declining to accept a full -time appointment on account of salary shall be removed from the list.)
9. Restoration of Probationers to Employment List - Upon the expiration of a military vacancy, any person having been appointed to fill such vacancy from an employment list shall have his name restored to the current and succeeding lists like the one on which his name previously appeared and in the place corresponding to his general average in the examination, to remain for the balance of the time that his name would have appeared on the original list until it expired, except where he has voluntarily resigned from the City service or been dismissed there from for cause.
10. Veterans - Upon written request, any person entitled to a veteran’s preference with respect to any position and (1) not physically incapacitated to hold such position, or (2) who was prevented from accepting a prior appointment by such military service, may have his name restored to the same employment list on which his name previously appeared, or on the current list, in the same corresponding to his general average plus his veteran’s preference.
V. CERTIFICATION FROM EMPLOYMENT LISTS & APPOINTMENT
1. Requisition for Appointment - Upon receipt of a signed and authorized requisition to fill one vacancy, the Personnel Division will certify the names of all eligible candidates whose scores, at the time of certification, represent the three (3) highest whole percentage score ranks on the employment list. If more than one vacancy exists, the Personnel Division will provide two (2) ranks more than the number of vacancies. All eligible candidates certified to the department will be considered equally qualified and the appointing authority may appoint any eligible candidate from the certified list of names. The department shall be required to interview all eligible candidates. Whenever an employment list from which certification is to be made contains fewer than three (3) rank s, the appointing authority may make an appointment from such list or may make a temporary appointment until at least three (3) ranks of eligible candidates are certified.
2. Canvas of Employment List - Whenever the Management Services Director is notified that proficiency in a special subject is needed in the position to be filled, he or she may ascertain the names of all those on the list who possess such qualifications and shall certify them, with the approval of the City Manager, in order of standing, or shall, in his discretion, conduct a new examination.
3. Appointments - The appointing power may, with the approval of the City Manager and in accordance with the provisions of the Municipal Code and Civil Service Rules as to certification and appointment, fill a vacancy by making an appointment
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from an employment list established for a comparable or higher-level position, provided:
A. The duties or qualifications of the comparable or higher -level classification include those of the position being filled; and
B. No employment list exists for the position being filled; and
C. There are not sufficient persons eligible for and wanting promotion to give a promotional examination for the position being filled.
4. Priority of Lists - When Open, Interdepartmental, or Departmental Competitive lists exists in some combination, the top three (3) ranks of each list shall be provided to the department from the Personnel Division. The department shall interview all candidates submitted from the Personnel Division. The department may select a candidate from any of the certified lists.
5. Withholding Names & Certification or Removal from the Employment List The name of an eligible may be withheld from certification or removed from the employment list for any of the reasons set forth in Civil Service Rule II, 4 or for any of the following:
A. He expresses unwillingness or inability to accept appointment;
B. He fails to respond within five (5) working days next succeeding the mailing of written inquiry regarding availability for permanent employment or request to appear for interview regarding such employment;
C. He fails to present himself for duty at the time agreed upon after having accepted the appointment;
D. He fails to present his license, registration, certificate, or any other credential required of the position.
6. Temporary Appointments - The acceptance or declination of an appointment for less than six (6) months shall not affect the certification of an eligible’s name for permanent appointment. The name of an eligible that accepts a temporary appointment shall remain on the employment list.
7. Objections and Substitutions - If a person has been certified three times from an Open Competitive List or five (5) times from a Departmental or Interdepartmental List without receiving an appointment, his name shall be removed from the employment list, unless the City Manager approves the retention. The Department Manager may object to any person certified on any of the grounds herein above set forth or under Rule II, 4 as disqualifications for applicants. If such person’s name shall be struck from the employment lists, the Management Services Director shall certify the next name on the employment list.
8. Appointment to a Seasonal Position - Appointees to seasonal positions shall be by temporary appointment only.
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EXHIBIT F
PUBLIC WORKS DEPARTMENT
BUILDING MAINTENANCE DIVISION
EMERGENCY CALL-OUT PROCEDURE
An emergency call -out crew for the Building Maintenance Division of the Public Works Department has been established to provide a guarantee that, in the event there is a problem, there will be qualified personnel available.
During the first week of January each year, all Construction & Maintenance Leadworkers, Construction & Maintenance Workers, Carpenter Leadworkers, and Carpenters in the Building Maintenance Division will be asked if they are interested in participating in the program. All employees who elect to participate (hereinafter referred to as “participants”) in January, will be required to remain in the program for a one-year period. In accordance with Article II, Section H.21.c., if the stand -by/call-out crew is not fully staffed, the Department will assign employees specified in Article II, Section H.21.a., on a rotational basis that is equitable for all employees as determined by the Department , and participation will be mandatory in order to fill the operational need.
Assignment to the call-out crew will be rotated each payroll period among all participants.
Participants will receive the stand-by/call-out duty pay as set forth under Article II, Section H.21.
Work hours for the Building Maintenance Division are Monday through Friday from 6:00 a.m. to 3:30 p.m. Participants are required to be available for emergency calls during all after-hour periods including, but not limited to, evenings, weekends, and holidays .
Participants, who are scheduled to be on call, shall make themselves available to respond to emergency calls from the Police Department Dispatch Center, Burbank Water and Power Department, Verdugo Dispatch, and the Fire Department.
Effective May 25, 2025, Tthe participant who is called will answer the call or return the emergency voicemail message within fifteen (15) minutes of receiving the notification and, if required, shall respond to the site of the emergency within forty-fivesixty (4560) minutes of the call.
When a call is received and answered, each participant shall use their best judgment when responding, and if in question, contact the Facilities Maintenance Manager for approval to respond to the emergency. If unable to contact the Facilities Maintenance Manager, the participant shall use their best judgment to determine whether or not the situation warrants an emergency response. If the participant is uncertain, they shall contact the Assistant Public Works Director - Fleet & Building to determine if the situation warrants an emergency call-out. For this purpose, an emergency is defined as a situation which could cause hardship to the public or employees, damage to property, or injury to persons.
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EXHIBIT G
PARKS AND RECREATION DEPARTMENT
LANDSCAPE AND FORESTRY SERVICES DIVISION
EMERGENCY CALL-OUT PROCEDURE
An emergency call -out program for the Landscape and Forestry Services Division has been established to provide a guarantee that, in the event of an emergency situation, there will be a qualified person available to respond and remedy the situation.
Prior to the first week of January each year, the Landscape and Forestry Services Superintendent will ask the appropriate personnel in the Landscape and Forestry Services Division in the Parks and Recreation Department if they are interested in participating in the program. Eligible titles include, but are not limited to: Forestry Services Supervisors, Landscape Services Supervisors, Senior Tree Trimmers, and Senior Groundskeepers. All employees who elect to participate (hereinafter referred to as “participants”), will be required to remain in the program for a one (1) year period. In accordance with Article II, Section H.21.c., if the stand-by/call-out crew is not fully staffed, the Department will assign employees specified in Article II, Section H.21.a., on a rotational basis that is equitable for all employees as determined by the Department, and participation will be mandatory in order to fill the operational need.
There are two separate programs dealt with by this call -out program. Forestry Services personnel will deal with all park and parkway tree related issues while Landscape Services personnel will deal with all park and median issues, particularly as they relate to irrigation issues. Participants will receive the stand-by/call-out duty pay as set forth under Article II, Section H.21.
Participants will be required to carry a City issued cell phone (referred to as the call -out phone).
Assignment to the call -out program will be rotated every pay period among all the participants, changing on the Monday following the end of the pay period unless there is a Monday holiday in which case the rotation will take place on the Tuesday.
In the event a participant needs to change the dates of being on-call, it is the responsibility of the assigned participant to find appropriate replacement personnel. The replacement personnel will receive the stand -by/call-out duty pay while covering for the participant.
The replacement personnel will carry the call-out phone.
In the event the participant has an emergency and needs to have someone fill in for a partial day, the participant will continue to hold the call -out phone. If the participant receives a call -out, the participant will contact the replacement. When the repl acement responds to the call -out information provided from the participant, the replacement will receive the differential pay. The participant will not receive the stand-by/call-out duty pay when the replacement responds to the call-out.
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Forestry and Landscape personnel are on the 9/80 schedule work week. Work hours are Monday through Thursday from 6:30 a.m. to 4:00 p.m. Friday work hours are from 6:30 a.m. to 3:00 p.m. Participants are required to be available for emergency calls during all after-hour periods including, but not limited to, evenings, weekends, and holidays.
Participants, who are scheduled to be on call, shall make themselves available to respond to emergency calls from the Burbank Parks and Recreation Department, Burbank Police Dispatch Center, Burbank Water and Power Department , Verdugo Dispatch, and the Burbank Fire Department.
The participant who is on-call shall have the call-out phone in their possession or in close proximity to hear the phone ring. In case of a missed call(s), the participant should check the phone for any missed calls or voicemail messages.
When a call is received from one of the above listed departments or dispatch centers, it is to be presumed that the need for a response is necessary. Participants shall be required to respond within one (1) hour from receiving the call. For this purpose, an emergency is defined as a situation which could cause hardship to the public or employees, damage to public/private property, injury to persons, or impairment of public right-of-way access.
Once the participant receives a call-out, they are to respond to the site of the emergency and assess the situation. The participant shall resolve or make safe the immediate problem without doing any further damage or causing injury to any persons . The participant may request assistance, and utilize any equipment needed to resolve the situation safely ( i.e., Forestry personnel and equipment, or Landscape personnel and equipment). This does not mean that the participant should attempt to make any repairs of systems or equipment or perform any work that is not normally within their scope of duties. If the participant is able to resolve the immediate problem (i.e., shutting off water) but it is believed that the related devices, equipment, or associated systems will be affected by these actions or is unable to resolve the immediate problem, the participant is authorized and shall call out the appropriate personnel from the appropriate department to handle the situation . If the participant is able to effective ly resolve the immediate situation and no additional assistance is needed, the participant shall notify the appropriate department or individual at the beginning of the next workday.
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EXHIBIT H
CITY OF BURBANK
U.S. DEPARTMENT OF TRANSPORTATION
ALCOHOL AND DRUG ABUSE POLICY
STATEMENT OF PURPOSE AND POLICY
Drivers of commercial vehicles are an extremely valuable resource for the City of Burbank. Their health and safety are a serious City concern. Drug or alcohol use may pose a serious threat to drivers and to the public’s health and safety. It is, therefore, the policy of the City to prevent substance use or abuse from having an adverse effect in our drivers. The City ma intains that the work environment is safer and more productive without the presence of alcohol, illegal, or inappropriate drugs in the body or on City property. Furthermore, all employees have a right to work in alcohol and drug- free environment and to work with drivers free from the effects of alcohol and drugs. Drivers who abuse alcohol and use illicit drugs are a danger to themselves, their co-workers, and the City’s assets.
The adverse impact of substance abuse by drivers has been recognized by the federal government. The Federal Highway Administration (“FHWA”) has issued regulations that require the City to implement a controlled substance testing program for employees required to operate commercial vehicles. The City will comply with these regulations and is committed to maintaining a drug-free workplace. All drivers are advised that remaining drug free and medically qualified to drive are condi tions of continued employment with the City.
Specifically, it is the policy of the City that the use, sale, purchase, transfers, possession or presence in one’s system of any controlled substance (except medically prescribed drugs) by any driver while on City premises, engaged in City business, while operating City equipment, or while under the authority of the City is strictly prohibited. The FHWA states the mandatory testing must apply to every person who operates a commercial motor vehicle in interstate or intrastate commerce and is subject to the Commercial Driver’s License (“C.L.”) licensing requirement.
The execution and enforcement of this policy will follow set procedures to screen body fluids (urinalysis), conduct breath testing, and/or test all driver applicants for alcohol and drug use, and those suspected of violating this policy who are involved in a U.S.
Department of Transportation (“DOT”) reportable accident or who are periodically and/or randomly selected pursuant to thes e procedures. These procedures are designed not only to detect violations of this policy, but also to ensure fairness to each driver. Every effort will be made to maintain the dignity of drivers or driver applicants involved.
Appropriate disciplinary action will, however, be taken as necessary. Neither this policy nor any of its terms are intended to create a contract of employment or to contain the terms of any contract of employment. This policy is effective immediately and will supersede any prior conflicting policies and statements relating to alcohol or drug as those pertain to operators of commercial motor vehicles. This policy will be administered in cooperation with the terms of the alcohol/drug testing procedures set forth in the Administrative Procedures or in any applicable Memorandum of Understanding.
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ADMINISTRATION GUIDE TO THE CITY OF BURBANK
ALCOHOL & DRUG TESTING PROCEDURES
I. PURPOSE
The purpose of this Administrative Guide is to set forth the procedure for the implementation of controlled substance and alcohol use and testing of commercial driver applicants and current commercial drivers pursuant to the City of Burbank Alcohol and Drug Abuse Policy. These procedures are intended as a guide only and are in no way intended to alter any existing relationship between the City and any driver, except as mandated by enforcement of the Department of Transportation /Omnibus Transportat ion Employee Testing Act of 1991 (“The Act”).
The City’s Alcohol and Drug Program Administrator designated to monitor, facilitate, and answer questions pertaining to these procedures shall be the Management Services Department, safety Office at Extension 5050.
II. DEFINITIONS
When interpreting or implementing these procedures, or the procedures required by the Federal Highway Administration (“FWHA”) controlled substance testing regulations, the following definitions apply.
“Alcohol” means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
“Alcohol concentration (or content)” means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test (EBT) under this part.
“Collection site” means a place where individuals present themselves for the purpose of providing breath, body fluid, or tissue samples to be analyzed for specified controlled substances. The site must possess all necessary personnel, materials, equipment, facilities and supervision to provide for the collection, security, temporary storage and transportation on shipment of the samples to a laboratory.
“Commercial Driver’s License (CDL)” refers to Class A or Class B Licenses.
“Commercial motor vehicle” means a motor vehicle or combination of motor vehicles which requires a CDL to operate and is used in commerce to transport persons or property if the motor vehicle:
1. Has a gross combination rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or
2. Has a gross vehicle weight rating of 26,001 or more pound; or
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3. Is designed to transport 16 or more passengers, including the driver; or
4. Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR par 172, subpart F).
“Controlled substance” has the meaning assigned by 21 U.S.C. 802 and includes all substances listed on Schedule I through V as they may be revised from time to time (21 CFR 1308).
“Driver” means any person who operates a commercial motor vehicle. This includes, but is not limited to: full time, regularly employed drivers; casual, intermittent, or occasional drivers; leased drivers and independent owner operated contractors, who are either directly employed by or under lease to an employer or who operates a commercial motor vehicle at the direction of or with the consent of an employer. For the purposes of pre-employment/pre-duty testing only, the term “driver’ includes a person applying to drive a commercial motor vehicle.
“Drug” means any substance (other than alcohol) that is a controlled substance as defined in this section and 49 CFR Part 40.
“FHWA” means the Federal Highway Administration, U.S. Department of Transportation.
“Owner-operator” means a driver who has been contracted for services with the City. For the purposes of this procedure and the City’s Alcohol and Drug Abuse Policy, owner-operators are not to be considered employees, but will be required to participate in the City’s Alcohol and Drug Abuse Policy like all City employee drivers.
“Medical Review Officer (MRO)” means a licensed M.D. or D.O. with knowledge of drug abuse disorders, employed or used by the City to review drug results in accordance with this procedure.
“On duty time” means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility to perform work. “On duty time” shall include:
1. All time at a facility, or other property, or on any public property, waiting to be dispatched unless the driver has been relieved from duty by the City;
2. All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
3. All driving time;
4. All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth;
5. All time loading and unloading a vehicle, supervising, or assisting in the
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loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded;
6. All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
“Performing a safety sensitive function” means a driver is considered to be performing a safety sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform a safety sensitive function.
“Premises” means buildings, property, work and rest areas, vehicles, parking lots and any place the employee happens to be during the course and scope of City employment during regular working hours, breaks or any pay status.
“Prescription drugs” means any drug or medication prescribed by a licensed physician for a medical condition.
“Random selection process” means that alcohol and drug tests are unannounced; that every driver is subject to testing; and that tests are conducted annually equaling or exceed twenty five percent (25%) for alcohol tests and fifty percent (50%) for drug testing of the total number of drivers subject to said testing.
“Reasonable cause” means that the supervisor believes the actions or appearance or conduct of a commercial motor vehicle driver who is on duty as defined below, are indicative of the use of alcohol or of a controlled substance.
“Safety sensitive function” means any of those on- duty functions set forth in CFR 49 Section 395.2.
“Substance Abuse Professional (SAP)” means a licensed physician, license or certified psychologist, social worker, employee assistance professional, or an alcohol and drug counselor certified by the National Association of Alcohol and Drug Abuse Counselors (NAADAC) Certification Commission. SAP’s must have specific knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug-related disorders.
III. SUBSTANCES PROHIBITED/PRESCRIPTION MEDICATIONS
1. “Alcohol use” means the consumption of any beverage, mixture or preparation, including any medication containing alcohol which, when consumed, causes an alcohol concentration in excess of those prescribed by Section IV of this policy.
2. Controlled Substances: In accordance with FHWA rules, urinalysis will be conducted to detect the following substances:
Marijuana
Cocaine
Opiates
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Amphetamines
Phencyclidine (PCP)
Detection levels requiring a determination of a positive result shall be in accordance with the guidelines adopted by the FHWA and in accordance with the recommendations established by the City of Burbank Alcohol and Drug Abuse Policy.
3. Prescription Medications: Commercial vehicle drivers taking legally prescribed medication issued by a licensed health care professional familiar with the driver’s work -related responsibilities must report such to their immediate supervisor or dispatcher, and may be required to present written evidence from the health care professional which describes the effects such medications may have on the driver’s ability to perform his/her tasks.
In the sole discretion of the Alcohol and Drug Program Administrator, a driver may be temporarily removed, with pay, from a safety sensitive position if deemed appropriate.
IV. PROHIBITIONS
1. Alcohol Prohibitions
The new alcohol rule prohibits any alcohol misuse that could affect performance of a safety sensitive function, including:
A. Use while performing safety-sensitive functions.
B. Use during the four (4) hours before performing safety sensitive functions.
C. Reporting for duty or remaining on duty to perform safety sensitive functions with an alcohol concentration of 0.04 or greater.
E. Possession of alcohol, unless the alcohol is manifested and transported as part of a shipment. This includes the possession of medicines containing alcohol (prescription or over the counter), unless the packaging seal is unbroken.
E. Use during eight (8) hours following an accident or until he/she undergoes a post-accident test.
F. Refusal to take required test.
Note: A driver tested and found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall not perform, nor be permitted to perform, safety sensitive functions for at least twenty-four (24) hours.
However, documentation of this test constitutes written warning that City policy has been violated and the next occurrence could result in disciplinary action up to and including termination.
2. Drug Prohibitions
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The regulations prohibit any drug use that could affect performance of safety sensitive functions, including:
A. Use of any drug, except by doctor’s prescription, and then only if the doctor has advised the driver that the drug will not adversely affect the driver’s ability to safely operate the commercial motor vehicle:
B. Testing positive for drugs; and
C. Refusing to take a required test.
All drivers will inform the Alcohol and Drug Program Administrator of any therapeutic drug use prior to performing a safety sensitive function.
V. DRIVER APPLICANT AND CURRENT DRIVER TESTING
1. Pre-employment testing:
All commercial driver applicants will be required to submit to and pass a urine drug test as a condition of employment. Job applicants who are denied employment because of a positive test may reapply for employment after six months.
Offers of employment are made contingent upon passing the City’s medical review, including the drug test. Driver applicants who have received firm employment offers are to be cautioned against giving notice at their current place of employment or incurring any costs associated with accepting employment with the City until after medical clearance has been received. Under no circumstances may a driver perform safety sensitive functions until a confirmed negative test is received.
Driver applicant drug testing shall follow the collection, chain- of-custody and reporting procedures as set forth in CFR 49 part 40.
2. Employees: Under all circumstances, when a commercial vehicle operator is directed to provide either a breath test or urine sample in accordance with these procedures, he/she must immediately comply as instructed. Refusal will constitute a positive result, the driver will be immediately removed from the safety sensitive function, and will be subject to further discipline or termination as appropriate.
3. The Alcohol and Drug Program Administrator will be responsible for designating the appropriate Substance Abuse Professional (SAP) who, in conjunction with the City’s designated MRO, will diagnose the potential drug or substance abuse problem and recommend treatment.
A. The driver’s successful completion of the approved treatment program is a condition of continued employment as driver.
B. Following successful completion of any approved treatment program, the driver will be required to submit to at least six random tests during the first year and follow-up testing may be conducted for up to 60 months. Failure to adhere to this condition is grounds for immediate termination.
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C. All supervisors will receive training to assist them in identifying alcohol and drug use behavioral characteristics.
4. Reasonable Suspicion Testing:
A. If a driver is having work performance problems or displaying behavior that may be alcohol or drug- related or is otherwise demonstrating conduct that may be in violation of this Policy where immediate management action is necessary, a supervisor with th e concurrence of the Alcohol and Drug Program Administrator, will require that driver to submit to a breath test or urinalysis.
B. Supervisors must take action if they have reason to believe one or more of the above- listed conditions is indicated and that the substance abuse is affecting a driver’s job performance or behavior in any manner. A supervisor observing such conditions will take the following actions immediately:
1) Confront the employee involved immediately and keep under observation until the situation is resolved.
2) Secure the Alcohol and Drug Administrator’s concurrence to observe the employee’s behavior. Job performance and City policy violations must be specific.
3) If the supervisor believes, after observing or talking to the driver, that the conduct or performance problem could be due to substance abuse, the driver will be immediately required to submit to a breath test or urinalysis. If the driver refuses to submit to testing for any reason, the driver will be informed that continued refusal will result in immediate removal from performing any safety sensitive functions and may result in discipline up to and including termination.
4) As a condition of employment, urine and breath may be subjected to testing. Failure to comply may subject the employee to subsequent discipline and/or suspension from driving duties. The drug testing/breath alcohol testing facility will receipt for all confiscated evidence.
5) If prior to confrontation by the supervisor, the driver admits to use but requests assistance, the Alcohol and Drug Program Administrator will arrange for assessment by the Substance Abuse Professional (SAP). Reassignment to the employee’s safety sensitive function, if offered, is conditional to completing the SAP’s guidelines and is conditioned upon return-to-work testing.
C. The supervisor shall immediately but no later than within 24 hours - document the particular facts related to the behavior or performance
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problems, and present such documentation to the Alcohol and Drug Program Administrator.
D. The supervisor or the Alcohol and Drug Program Administrator will remove or cause the removal of the driver from the City -owned vehicle and ensure that the driver is transported to an appropriate collection site. Under no circumstances will the driver/ employee be allowed to continue to drive a City vehicle until a confirmed negative test result is received.
E. If during the course of employment, the driver acknowledges a substance abuse problem and requests assistance, the problem may be treated as if it were an illness, subject to the provisions set forth below:
1) The decision to seek diagnosis and accept treatment for the substance abuse problem is the responsibility of the driver;
2) The diagnosis and prescribed treatment of the driver’s condition will be determined by the Medical Review Officer and Substance Abuse Professional designated by the Alcohol and Drug Program Administrator in conjunction with the City of Burbank Management Services Director; and
3) The driver must be placed on Medical Leave for a
predetermined period recommended by those medical
professionals if the SAP determines that such action is appropriate.
5. Post-Accident Testing:
Currently, federal regulations place the burden of compliance with post-accident alcohol and drug testing regulations on the driver.
Therefore, all drivers are required to provide a breath test and a urine specimen to be tested for the use of controlled substances “as soon as practicable” after an accident (where driver performance could have contributed to the accident as determined by a citation for a moving traffic violation). The driver shall remain readily available for such testing or may be deemed by the Alcohol and Drug Program Administrator to have refused to submit to testing. No alcohol may be consumed for eight (8) hours after the accident or until a test is conducted. If the driver is seriously injured and cannot provide a specimen at that time of the acc ident, he/she shall provide the necessary authorization for obtaining hospital reports and other documents that would indicate whether there were any controlled substances in his/her system. Adherence by drivers to post-accident specimen collection requirements to a condition of continued employment (the failure of owner -operator or contract employee to comply with DOT post-accident and specimen collection rules will be considered a breach of his/her contract with the City, and the contract is invalid until appropriate substance abuse professional counseling
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has been completed.
6. Random Testing:
The City will conduct random testing for all covered drivers as follows:
A. A citywide selection process, which removes discretion in selection from any supervisor personnel, will be adopted by the City. This process will select covered drivers through the use of a computerized program.
B. The random testing, once begun, will provide for breath alcohol testing of at least twenty -five percent (25%) and for urine drug testing of at least fifty percent (50%) of all covered drivers.
C. The random testing will be reasonably spaced over any twelve (12) month period.
7. Return-To-Duty Testing:
Before a driver returns to duty requiring the performance of a safety sensitive function after engaging in conduct prohibited by this policy, the driver shall undergo one of the following return-to-duty tests:
A. If the original violation was alcohol related: a return to duty alcohol test with a result of less than a 0.02 BAC (Blood Alcohol Content); or
B. If the original violation was substance abuse related: a return to duty test with a negative urinalysis test for controlled substance.
VI. COLLECTION OF SPECIMENS AND LABORATORY ANALYSIS
1. Breath Alcohol Testing: Breath alcohol testing will be conducted either on site or at a prearranged location by a qualified Breath Alcohol Technician according to CFR 49 Part 40 procedures. Refusal to complete and sign the testing form or refusal to provide any or adequate breath will be considered a positive test, and the driver will be removed from a safety sensitive function until the issue is resolved.
2. Specimen Collection: Specimen collection will be conducted in accordance with applicable state and federal law. The collection procedures will be designed to ensure the security and integrity of the specimen provided by each driver, and those procedures will strictly follow federal chain -of- custody guidelines. Moreover, every reasonable effort will be made to maintain the dignity of each driver submitting a specimen for analysis in accordance with these procedures.
3. Laboratory Analysis: As required by FHWA regulations, only a laboratory certified by the Department of Health and Human Services (DHHS) to perform urinalysis for the detection of the presence of controlled substances will be retained by the City. The laboratory will be required to maintain strict
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compliance with federally approved chain- of-custody procedures, quality control, maintenance, and scientific analytical methodologies.
VII. CONSEQUENCES AND RETESTING PROCEDURES
1. Alcohol and drug abuse not only threatens the safety and productivity of all employees, but also causes serious individual health consequences to those who use them. Any confirmed actions prohibited by Part IV above, while performing a safety sensitive function, or refusing to take a breath or urine test, may be grounds for discipline as outlined in the following Disciplinary Policy:
DISCIPLINARY POLICY
The following guidelines may be followed for violations of the City of Burbank DOT Alcohol and Drug Abuse Policy. As stated above, these guidelines shall apply only to those commercial drivers licensed employees covered by the DOT regulations and other applicable laws.
FIRST POSITIVE TEST: Ten (10) day suspension. If the employee does not test clean at the conclusion of the ten (10)
day suspension, the employee will be on leave
without pay until he/she tests "clean" pursuant
to DOT regulations. The employee will be
subject to mandatory counseling and may be
tested for drugs and alcohol at any time.
SECOND POSITIVE TEST: Thirty (30) day suspension . If the employee does not test clean at the conclusion of the thirty
(30) day suspension, the employee will be on
leave without pay until he/she tests "clean"
pursuant to DOT regulations. The employee will
be subject to mandatory counseling and may be
tested for drugs and alcohol at any time.
Employees will be offered a last chance
agreement that provides for termination if the
employee subsequently tests positive for drugs
or alcohol. Employees who
refuse to sign the
agreement will be terminated.
THIRD POSITIVE TEST: Termination
2. A driver -applicant testing positive for alcohol or drug use is subject to disqualification. Refusal to submit to testing will also be considered a positive test.
3. Refusal may be defined as not providing an adequate breath or urine sample as directed, neglecting to sign appropriate control forms, using alcohol within eight (8) hours of an accident, or engaging in conduct that
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clearly obstructs the testing process.
4. Any employee testing positive for the presence of a controlled substance will be contacted by the City’s MRO. The employee will be allowed to present medical documentation and explain any permissible use of a drug.
All such discussion between the employee and the MRO will be confidential, to be shared only with the Alcohol and Drug Program Administrator or the Management Services Director. If medically supportable reasons exist to explain the positive result, the MRO will report the test result to the City as a negative.
5. Within seventy-two (72) hours after the employee has been notified of a positive test result for drugs, he/she may request a retest of the split sample.
A written, signed request will be provided to the MRO, who will then initiate the new laboratory analysis. If a differe nt result is detected by the subsequent laboratory, the test will be voided by the MRO, and the City’s Alcohol and Drug Program Administrator will be notified. A retest may be initiated as appropriate.
VIII. CONFIDENTIALITY
1. Under no circumstance, unless required or authorized by law, will alcohol or drug testing information or results for any employee or applicant be released without written authorization from the applicable employee.
2. Drivers are entitled, upon written request, to obtain copies of any records pertaining to the driver’s use of alcohol or controlled substances, including any records pertaining to his or her alcohol or controlled substance tests.
3. Collection of breath and urine samples must always be documented and sealed with a tamper proof sealing system in the presence of the driver, to ensure that all tests be correctly traced to the driver.
4. Drug test analysis from the DHHS approved laboratory will be forwarded directly to the MRO assigned by the Alcohol and Drug Program Administrator.
5. Alcohol and drug test results will be forwarded by the MRO to the Alcohol and Drug Program Administrator for confidential record keeping.
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OBSERVED BEHAVIOR - REASONABLE SUSPICION RECORD
This form applies only to employees with Commercial drivers Licenses who are covered under DOT regulations. Attach other sheets as necessary:
Employee: Name: Title:
Dept:
Observation:
Date: Time: (from) am/pm (to): am/pm
Location: (Be specific)
Street City
CAUSE FOR SUSPICION:
1. Presence of Drugs and/or Drug paraphernalia (specify):
2. Appearance: Normal Flushed Puncture marks
Disheveled Bloodshot eyes Inappropriate
Tremors Profuse sweating
Dilated/constricted pupils Runny nose/eyes
Dry-mouth symptoms
Inappropriate wearing of sunglasses
Other (specify)
3. Behavior/Speech:
Normal Incoherent
Slurred
Silent Confused Slowed
Whispering
Other (specify)
4. Awareness:
Normal Confused Mood Swings
Euphoria Lethargic In-coordination
Paranoid Disoriented
Other (specify)
5. Motor Skills/Balance:
Normal Swaying Falling Staggering
Other: (specify)
6. Walking and Turning:
Normal Swaying Stumbling Falling
Other (specify)
7. Cause for Suspicion:
Unusual or distinct pattern of absenteeism and/or tardiness Frequent complaints of illness negatively affecting work performance Increased high/low periods of productivity
Frequent lapses in concentration and/or judgment
Repeated difficulty in recalling instructions
Frequent accidents, mistakes
Frequently misses deadlines or takes more time than necessary to complete job
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Takes needless risks
Disregard for safety of others
Frequent complaints from co-workers
Frequently borrowing money from co-workers
Constantly complaining
Bringing domestic or personal problems to work
8. Incidents Observed:
Date: Time: am/pm Location:
Comments:
Name: Signature: Date:
Print Name
Supervisor’s Comments:
Name: Signature: Date:
Print Name
Employee’s Response:
Name: Signature: Date:
Print Name
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CITY OF BURBANK
U.S. DEPARTMENT OF TRANSPORTATION
ALCOHOL & DRUG TESTING PROCEDURES
ACKNOWLEDGMENT OF RECEIPT
Name of Employee: I hereby acknowledge that I have received the City of Burbank Alcohol and Drug Abuse Policy for Employees with Commercial Driver’s Licenses, and I fully understand that I will be expected to comply with its provisions.
Dated: ____________________________________________ Employee Signature
____________________________________________
Employee Name Print/Type
____________________________________________
Witness Signature
____________________________________________
Department and Division
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TESTING PROCEDURES
If a supervisor has reasonable cause to believe that either an employee has consumed drugs and/or alcohol on City premises or reported to work under the influence of drugs and/or alcohol, the supervisor must request a urine/breath test even though the employee is not believed to be impaired. The drug/alcohol test is not intended to prove impairment, but to confirm the presence of the drug and/or alcohol. Whether or not impairment is suspected, if the supervisor has reason to consider requiring a drug/alcohol test, use the following procedure to validate the reasons for considering a drug/alcohol test:
1. The supervisor should personally escort the employee to an office or other private area and have another supervisor present as a witness, if possible.
2. Confront the employee with reasons for suspecting drug and/or alcohol policy violations. Use the Reasonable Suspicion Record to record your observations and discussion, including information given by the employee. Complete the form and, in conversation with the employee, determine whether or not the employee has either consumed drugs and/or alcohol on City premises or during work duty, is under the influence, or whether the employee’s off duty abuse of drugs and/or alcohol has resulted in work-related problems.
3. If the employee does not appear to be under the influence of drugs, including prescription drugs, has not consumed drugs during work duty or on City premises, and the employee is able to perform regular work duties, have him/her return to the work unit and resume work.
4. If it is believed that the employee is under the influence of, or has consumed drugs and/or alcohol on City premises or during work duty, or that the employee’s off - duty abuse of drugs and/or alcohol has resulted in work -related problems, advise the employee that the City rules have been violated and that he/she is being requested to provide a urine sample for drug testing and/or breath sample for alcohol. Personally escort the employee (with another supervisor, whenever possible) to the City approved drug/alcohol testing site (presently Burbank Urgent Care during normal working hours and St. Joseph’s Medical Center after hours).
The employee shall not be permitted to drive him/herself to the testing facility.
A. Burbank Urgent Care is located at 1130 W. Olive. The telephone number is (818) 843- 8555. Advise the person that you are bringing a City of Burbank employee for a drug/alcohol screen and they will have the appropriate forms ready upon arrival.
B. St. Joseph’s Medical Center is located at Buena Vista/Alameda. After hours, an Occupational Health Staff member will be on- call and available for drug testing at the Emergency Department of the hospital. When drug testing is necessary, call beeper # (818) 953- 5909 and the on -call staff member will make prompt arrangements.
C. Every traffic accident involving a commercial drivers licensed employee will result in a drug and alcohol test screen.
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5. Require the employee to read and sign a consent form available at the testing location agreeing to the urinalysis test. Advise the employee that refusal to sign the form or give a specimen will be treated as a refusal to obey a direct order, and will constitute an admission that the suspicion is reasonable and may be grounds for discipline, up to and including termination . Once the specimen is taken and initialed by the employee, the employee should be placed on Administrative Leave with pay pending test results and a review of the circumstances.
A. If an employee is ordered to test at the end of or after their duty day, continue the employee on the payroll (on an overtime basis) and issue a direct order for them to attend testing. A refusal to test will be treated as in paragraph 5 above.
B. Tampering with a test will be considered a failed test result.
6. Whenever an employee is required to provide specimens for testing, two (2) specimens shall be collected at the same time in order to facilitate the testing procedures described herein.
7. In testing for the presence of illegal drugs, the testing facility shall submit the first specimen for testing. If the initial test is positive for an illegal drug, the same specimen shall be subjected to a confirmatory test for verification.
8. The MRO will report the result to the City via a signed, written communication, within three (3) business days of completion of the MRO review. In the event of an initial positive test result, the City will direct the employee to contact the MRO for additional screening information. At the time the employee contacts the MRO, he/she may request that a second specimen be tested at another laboratory.
A. All positive tests will be treated administratively in the following manner:
1) The employee may be subject to discipline as outlined in the Disciplinary Policy.
2) The employee will immediately be removed from the safety sensitive duty.
B. The employee will be placed on either Administrative Leave or other leave as determined by the department. Placing the employee on Administrative Leave in no way confers and actual or inferred right on the employee. He or she is still subject to discipline up to and including termination.
C. A follow-up test will immediately be arranged. If alcohol-related, the follow- up test will be the next day. If drug-related, the employee will be referred to the Substance Abuse Professional, who will determine the date of the follow test.
9. If the employee fails to contact the MRO or the employee does not request the testing of the second specimen, or if the employee does request the testing of the second specimen and it also tests positive for an illegal drug, rehabilitative or corrective action shall be taken as specified in this policy.
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10. At any time within twenty-four (24) hours of being notified of a positive test result, the employee may present bona fide verification of a current valid prescription in the employee’s name for any potentially impairing drug or medication identified in the positive drug screen.
11. If it is believed that the employee is impaired, make arrangements to have the employee taken home. Do not permit him/her to leave the premises or drive alone.
If the employee refuses any assistance, make sure the witnessing supervisor can verify that the employee refused such assistance. If the employee cannot control his/her actions and departs without assistance, immediately call the Police Department to inform them of the employee’s condition and refusal for assistance.
Advise the Police of the employee’s name, description (ethnicity, hair, eyes, height, weight, clothing, etc.) direction and mode of travel including a full description of any vehicle involved.
12. Each employee who has engaged in conduct prohibited under this Policy will be advised by the City of resources available in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances.
A. Substance Abuse Recovery Program: Only those employees who identify themselves as users of drugs or alcohol or being under the influence prior to the day of testing, will be eligible for the Substance Abuse Recovery Program. Any employee who attempts to self-identify on the day of testing will be ineligible for the Substance Abuse Recovery Program.
B. The employee will bear the cost of Substance Abuse Recovery Program.
13. Before an employee returns to duty requiring the performance of a safety sensitive function, the employee shall undergo a return- to-duty drug or alcohol test. In addition, the employee shall be evaluated by the Substance Abuse Professional to determine that he/she has properly followed any prescribed rehabilitation program.
A. The employee may use sick leave to attend the meeting with the SAP.
14. The employee shall be subject to unannounced follow -up alcohol and controlled substances tests following the employee’s return to duty, consisting of at least six (6) tests in the first 12 months following the employee’s return to duty.
A. The SAP may determine that the employee should be subjected to follow up testing for up to five (5) years.
EXHIBIT I
142
EXHIBIT I
EVALUATION OF VEHICLE ACCIDENTS
I. STATEMENT:
In accordance with Administrative Procedure IV-4 (Evaluation of Vehicle Accidents), it is the policy of the City to review all accidents involving City vehicles. The purpose of this procedure is to determine whether or not the accident may have been prevented by defensive driving techniques.
The National Safety Council defines a preventable accident as “any accident involving an organizational vehicle which results in property damage and/or personal injury, regardless of who was injured, what property was damaged, to what extent, or where it occurred, in which the driver in question failed to exercise every reasonable precaution to prevent the accident.”
This Administrative Procedure does not apply to accidents involving equipment operation and/or malfunction, unless one of the involved parties is in a moving vehicle. This Administrative Procedure does not apply to the Police or Fire Department, as these departments have their own procedure in place.
II. PROCEDURE:
A. All vehicle accidents, regardless of what was damaged, the amount of damage, the location of the accident, or who was injured, must be reported in accordance with Administrative Procedure IV -3 (Reporting City Property Damage). All vehicular accidents must be reported in writing to the driver's immediate supervisor in accordance with Administrative Procedure IV -7 (Incident Analysis).
Additionally, the applicable department must report all vehicular accidents to the Risk Management & Safety Division of the Management Services Department via the “Accident Notification” e- mail immediately, but not later than twenty -four (24) hours after the accident.
All correspondence related to a vehicular accident shall be confidential and noted as such on any report and/or paperwork generated (i.e., CONFIDENTIAL PERSONNEL MATTERS GOVT.
CODE #54957).
B. The applicable department manager or designated representative shall convene and chair an Accident Investigation Committee no later than thirty (30) working days after the vehicular accident. The Accident Investigation Committee is separate from any of the safety committees described in Administrative Procedure V -1 (Accident Prevention and Safety). An Accident Investigation Committee must evaluate all vehicular accidents.
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The Accident Investigation Committee shall consist of:
1. The applicable department manager or designated
representative (Committee chairperson);
2. The City's Safety Officer or designated representative;
3. The driver’s immediate supervisor or a supervisor within the same chain of command;
4. The Assistant Management Services Director/Risk
Management & Safety or designated representative;
5. Any other personnel as deemed necessary by the Committee Chairperson;
C. The employee(s) involved in the vehicular accident and his/her appropriate union representative shall receive notification of the date, time, and location of the Accident Investigation Committee meeting in order to attend.
D. The purpose of the Accident Investigation Committee is to determine if the accident was preventable and to make appropriate reports and recommendations regarding safe driving procedures . This determination shall be based on the Incident Analysis report, any Police investigation reports, any witness statements, any diagrams, photographs, and any other available evidence, and the Guidelines for Determining Motor Vehicle Accident Preventability, which can be found in Administrative Procedure IV -4 (Evaluation of Vehicle Accidents).
The Committee shall complete its final report within ten (10) working days of the Committee’s meeting unless the Committee Chairperson decides to extend the time limit based on unforeseen or extenuating circumstances. The findings of the Committee may be used as evidence in any disciplinary action(s) that are taken as a result of a vehicular accident.
A copy of the final report shall be provided to:
1. The applicable department manager (Committee Chairperson);
2. The employee(s) involved in the vehicular accident;
3. The appropriate union;
4. The Risk Management & Safety Division of the Management Services Department;
5. The employee(s)’ department personnel file.
F. The Risk Management & Safety Division of the Management Services Department shall be responsible to create a historical record of employee vehicular accidents. It shall also be responsible to create and distribute a quarterly Vehicular Accident Report to the City Manager and all department managers. This report shall also contain a summary of any disciplinary actions taken as a result of the
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vehicular accidents.
NOTE: Disciplines resulting from the application of this administrative guide would expire at the end of three years, unless there were disciplines for subsequent preventable accidents within the three (3) year time frame.
ACCIDENT INVESTIGATION COMMITTEE FINAL REPORT &
RECOMMENDATIONS
EMPLOYEE NAME: ___________________________________________________
EMPLOYEE CLASSIFICATION: __________________________________________
ACCIDENT DATE: _____________________________________________________
ACCIDENT INVESTIGATION COMMITTEE MEETING DATE: __________________
MEETING ATTENDEES: ________________________________________________
_____________________________________________________________________
_____________________________________________________________________
DATE OF FINAL REPORT: (DUE 10 DAYS AFTER COMMITTEE MEETING.
PROVIDE JUSTIFICATION IF EXTENSION IS NEEDED) _______________________
______________________________________________________________________
______________________________________________________________________
ACCIDENT INVESTIGATION COMMITTEE FINDINGS: (INCLUDE SYNOPSIS OF
ACCIDENT FACTS, ANY MITIGATING FACTORS CONSIDERED, DETERMINATION OF PREVENTABILITY, AND ANY RECOMMENDATIONS) _____________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________ DISTRIBUTION:
Employee
Employee’s Union
Risk Management & Safety Division of Management Services Department Labor Relations & Human Resource Division of Management Services Department Department Manager ____ (Initial here to approve placement in employee’s department personnel file)
FOR EMPLOYEE’S DEPARTMENT USE ONLY: (WITHIN 5 WORKING DAYS OF THIS FINAL REPORT, THE EMPLOYEE’S SUPERVISOR MUST CHOOSE TO
EXHIBIT I
145
RECOMMEND OR NOT RECOMMEND ANY DISCIPLINARY ACTION AND
COMMUNICATE THIS RECOMMENDATION TO HIS/HER DEPARTMENT MANAGER)
EXHIBIT J
146
EXHIBIT J
BENCHMARK POSITIONS AND CLASSIFICATIONS TIED TO THE BENCHMARKS
This exhibit memorializes the benchmarks and ties established for the salary survey that was jointly developed by the City and BCEA to inform negotiations pertaining to this MOU.
This exhibit memorializes the benchmarks and tied titles used to analyze market data through a salary survey during negotiations. The survey was used as a tool to inform discussions pertaining to the salary increases provided in this contract. This exhibit does not establish any agreement for specific salary increases for any title (salary increases are set forth in Exhibit N) nor does it bind either BCEA or the City to these benchmarks and tied titles in future negotiations.
GENERAL GOVERNMENT SURVEY
A CCOUNT CL ERK COMMUNITY SERVICES OFFICER INFORM A T ION SY ST EM S A NA L Y ST I Supervising A ccount Clerk Parking Control Officer A pplications Development A nalyst I Crossing Guard Network Support A nalyst I
AC C O UNTANT T echnical Support A nalyst I
Senior A ccountant C ONS TRUC TION INS P EC TOR I T echnical Support A nalyst II Construction Inspector II
AS S O C IATE P LANNER Senior Construction Inspector INTERMEDIATE CLERK A ssistant Planner Clerical W orker
A ssistant T ransportation Planner CUSTODIAN M ail Room A ssistant A ssociate T ransportation Planner Custodial L eadworker M unicipal R ecords Clerk Graphics M edia D esigner Principal Clerk
Planning T echnician FIRE INSPECTOR I R ecords T echnician Fire I nspector II Senior Clerk
BU YE R I Senior Secretary
Bu ye r II FLEET MAINTENANCE TECHNICIAN Supervising Clerk Fire Equipment M echanic Y outh Employment A ssistant
CARPENTER LEADWORKER Fire Equipment Specialist Y outh Employment Coordinator Const & Ma i n tenance L eadworker Fleet M aintenance A pprentice Y outh Employment Jr T eam L eader Painter L eadworker Fleet Utility W orker Y outh Employment T eam L eader Carpenter Helicopter M echanic Y outh Services W orker
Construction & M aintenance W orker Sr Fleet M aintenance T echnician Painter Ti r e M aintenance W orker IRRIGATION SPECIALIST M etal W orker
CODE COM PL IA NCE INSPECT OR II W elder JAILER
B uilding Inspector I L ead Jailer
Code Compliance I nspector I FORENSIC SPECIALIST Public Safety Facility T echnician Permit T echnician Forensic Specialist Supervisor R angemaster Senior Code Compliance Inspector Property and E v idence T echnician Sr Property and E v idence T echnician LEGAL SECRETARY COLLECTION SY STEMS WORKER L egal A ssistant
Collection Systems Journeyman HEAVY EQUIPMENT OPERA TOR L egal Secretarial Clerk Collection Sy stems L eadworker
HOUSING SERV ICES A SSIST A NT MOTOR SWEEPER OPERATOR
COMMUNICA TIONS OPERA TOR Housing A ssistant
Communications Supervisor Housing Specialist OFFSET PRESS OPERATOR Police Cadet Duplicating M achine Operator
Police R ecords T echnician HUMAN RESOURCES TECHNICIA N II Superv ising Offset Press Operator Police R ecords T ech Supervisor B enefits Coordinator
Police T echnician Human R esources Specialist PARKING CONTROL SUPERVISOR Human Resources T echnician I
EXHIBIT J
147
GENERAL GOVERNMENT SURVEY (c ont inue d )
PAY ROLL TECHNICIAN II SENIOR LIBRARIAN TRAFFIC CONTROL JOURNEY MAN Collections Specialist L ibrary A ssistant A ssistant T raffic Signal T echnician Payroll T echnician I L ibrary A ssociate T raffic Signal T echnician T reasurer T echnician L ibrary M onitor
L ibrary Page/PT TRANS P O RTATIO N S ERVIC ES DRIVER
RECREA TION COORDINA TOR Librarian T ransportation Operations Supervisor Program Specialist Senior Library A ssistant T ransportation Scheduler Social Services Coordinator L ibrary Operations Supervisor Facility A ttendant I TREE TRIMMER
Facility A ttendant II SENIOR LIFEGUARD Senior T ree T rimmer Food Serv ices A ide Life gu a r d Special Projects Crew L eader Sign L anguage I nterpreter Life gu a r d-Instructor T ree T rimmer Helper Work T rainee I L ocker Room A ttendant Groundskeeper
Senior Food Services A ide Groundskeeper Helper
Special A ctiv ity L eader SENIOR RECREATION LEADER Senior Groundskeeper L andscape Serv ices Superv isor
RECREATION LEADER SR V IDEO PRODUCTION A SSOCIA TE Forestry Services Supervisor V ideo Production A ssociate
RECREATION SUPERVISOR LABO RER
Social Serv ices Program Spv-Nutrition S OLID WAS TE TRUC K OP ERATOR Utility Worker Social Serv ices Superv isor La n d fil l Le a d wo r ke r Cement Finisher A quatics Supervisor Solid W aste L eadworker Public W orks Journeyman Food Services Supervisor Solid Waste Utility Worker Skilled Worker Street M aintenance L eadworker
Household Hazardous W aste
T echnician
SENIOR A NIMA L CONTROL OFFICER He a vy Truc k Drive r
A nimal Control Officer Household Haz W aste L eadworker WORKERS' COMP REP II K ennel A ttendant Worker Comp & Ris k Mg t Re p I
V eterinary T echnician
UTILITY SURVEY
CIVIL ENGINEERING ASSOCIATE-BWP ELECTRICAL ENGINEERING A SSC II PWR RESOURCES PLANNING AS S C II Civil Engineering A ssistant-BWP E lectrical E ngineering A ssociate I Power Resources Planning A ssociate I Junior Engineering A ide-BWP Power Supply Scheduler Senior Power Resources Planner Senior Engineering T echnician Facility T echnology Coordinator Senior Survey A ide SR ELECTRICAL SERVICE PLANNER
Civil Engineering A ssociate FIELD SERVICES REPRESENTATIVE II E lectrical Serv ice Planner Civil Engineering A ssistant Field Serv ices R epresentativ e W ater Serv ice Planner Engineering A ide Fiber Serv ices Superv isor
Engineering A ssistant-Traffic GIS SPECIALIST
Engineering A ssociate-Traffic Senior GIS Specialist STOREKEEPER Engineering T echnician Stores Helper
Intelligent Tr a n s Sy stems Specialist P IP EFITTER
Right of Way Specialist Cross Connection Control Specialist UTILITY ACCOUNTING ANALY ST Senior Civil Engineering A ssistant Pipefitter A pprentice Traffic Signal Operations Specialist Pipefitter-Operator S ENIOR UTILITY LOC ATOR ( TBD) W ater M eter M echanic UTILITY LOC ATOR ( TBD)
CUSTOMER SERVICE REP II W ater Plant Operator
Customer Serv ice R epresentativ e I Senior W ater Plant M echanic Customer Serv ice R epresentativ e I I I Senior W ater Plant Operator Customer Service Supervisor W ater Plant M echanic
Security Guard W ater Quality A naly st
Senior Security Guard
ACCOUNT CLERK
Supervising Account Clerk
CUSTODIAN
Custodial Leadworker
IRRIGATION SPECIALIST
JAILER
EXHIBIT J
148
ACCOUNTANT
Senior Accountant
ASSOCIATE PLANNER
Assistant Planner
Assistant Transportation Planner
Associate Transportation Planner
Graphics Media Designer
Planning Technician
BUYER I
Buyer II
CARPENTER
Construction & Maintenance Worker
Metal Worker
Painter
Welder
CARPENTER LEADWORKER
Construction & Maintenance Leadworker
Painter Leadworker
*CIVIL ENGNRG ASSOCIATE-BWP
Civil Engineering Assistant
Civil Engineering Associate
Civil Engineering Assistant-BWP
Engineering Aide
Engineering Assistant-Traffic
Engineering Associate-Traffic
Engineering Technician
Intelligent Transportation Systems Specialist
Junior Engineering Aide-BWP
Right of Way Specialist
Sr. Civil Engineering Assistant
Sr. Engineering Technician
Sr. Survey Aide
Traffic Signal Operations Specialist
COLLECTION SYSTEMS WORKER
Collection Systems Journeyman
Collection Systems Leadworker
COMMUNICATIONS OPERATOR
Communications Supervisor
Police Cadet
Police Records Tech
Police Records Tech Supv
Police Tech
Property and Evidence Tech
Sr. Property and Evidence Tech
CONSTRUCTION INSPECTOR I
Construction Inspector II
Sr. Construction Inspector
*CUSTOMER SERVICE REP II
Customer Service Rep I
Customer Service Rep III
Customer Service Supervisor
Security Guard
Senior Security Guard
*ELECTRICAL ENGINEERING ASSOC. II
Electrical Engineering Associate I
Facility Tech Cord
Power Supply Scheduler
*FIELD SERVICES REP II
Field Services Rep
FIRE INSPECTOR I
Fire Inspector II
FLEET MAINT TECH
Fire Equipment Mechanic
Fire Equipment Specialist
Fleet Maint Apprentice
Fleet Utility Worker
Helicopter Mechanic
Senior Fleet Maint Tech
Tire Maintenance Worker
FORENSIC SPECIALIST
Forensic Specialist Supervisor
HEAVY EQUIPMENT OPERATOR
Heavy Truck Driver
HUMAN RESOURCES TECHNICIAN II
Benefits Coordinator
Human Resources Technician I
Human Resources Specialist
Workers’ Comp Representative II
Workers’ Comp & Risk Mgmt. Rep I
INFORMATION SYSTEMS ANALYST I
Applications Development Analyst I
Network Support Analyst I
Technical Support Analyst I
Technical Support Analyst II
INTERMEDIATE CLERK
Clerical Worker
Mail Room Assistant
Municipal Records Clerk
Principal Clerk
Senior Clerk
Senior Secretary
Supervising Clerk
Youth Employment Coordinator
Youth Employment Team Leader
Youth Employment Jr. Team Leader
Youth Employment Assistant
Youth Services Worker
Lead Jailer
Public Safety Facility Tech
Rangemaster
LANDSCAPE SERVICES SUPERVISOR
Forestry Services Supervisor
LEGAL SECRETARY
Legal Secretarial Clerk
Legal Assistant
LIBRARIAN
Library Assistant
Library Clerk
Library Monitor
Library Page/PT
Senior Librarian
Senior Library Assistant
LIC & CODE SERVICES INSPECTOR II
Building Inspector I
Housing Assistant
Housing Services Assistant
Housing Specialist
Lic & Code Services Inspector I
Permit Technician
Senior Code Enforcement Inspector
LIFEGUARD
Lifeguard-Instructor
Locker Room Attendant
Senior Lifeguard
OFFSET PRESS OPERATOR
Duplicating Machine Operator
Supervising Offset Press Operator
PARKING CONTROL OFFICER
Crossing Guard
Parking Control Supervisor
PAYROLL TECHNICIAN II
Collections Specialist
Payroll Technician I
Treasurer Technician
*PIPEFITTER
Cross Conn Ctrl Spec
Pipefitter Apprentice
Pipefitter/Operator
Senior Water Plant Mechanic
Senior Water Plant Operator
Water Meter Mechanic
Water Plant Mechanic
Water Plant Operator
Water Quality Analyst
RECREATION COORDINATOR
Aquatic Program Coordinator
Food Services Supervisor
Program Specialist
Social Services Coordinator
RECREATION LEADER
Facility Attendant I
Facility Attendant II
Food Services Aide
Work Trainee I
Sign Language Interpreter
RECREATION SUPERVISOR
Soc. Services Program Supervisor-Nut
*SR. ELECTRICAL SERVICES PLANNER
Electrical Service Planner
Fiber Services Supervisor
Water Service Planner
SR. RECREATION LEADER
Sr. Food Services Aide
Special Activity Leader
SR. VIDEO PRODUCTION ASSOCIATE
Video Production Associate
*STOREKEEPER
Stores Helper
TREE TRIMMER
Groundskeeper
Groundskeeper Helper
Senior Groundskeeper
Senior Tree Trimmer
Special Project Crew Leader
Tree Trimmer Helper
UTILITY WORKER
Cement Finisher
Laborer
Public Works Journeyman
Skilled Worker
*UTILITY ACCOUNTING ANALYST
EXHIBIT J
149
Social Services Supervisor
SOLID WASTE TRUCK OPERATOR
Solid Waste Utility Worker
Motor Sweeper Operator
Street Maintenance Leadworker
Landfill Leadworker
Solid Waste Leadworker
SR. ANIMAL CONTROL OFFICER
Animal Control Officer
Kennel Attendant
Veterinary Technician
TRAFFIC CONTROL JOURNEYMAN
Assistant Traffic Signal Technician
Traffic Signal Technician
TRANSPORTATION SERVICES DRIVER
Transportation Operations Supervisor
Transportation Scheduler
UTILITY BENCHMARKS TBD:
GIS Specialist
Sr. GIS Specialist
Power Resources Planning Assoc. I
Power Resources Planning Assoc. II
Sr. Power Resources Planner
*Utility Benchmarks
EXHIBIT K
150
EXHIBIT K
UNIFORMS FOR COMMUNICATION OPERATORS
CITY PROVIDED
POLO SHIRTS
The City will provide the employee with four (4) polo shirts per year of the style already specified and agreed upon ( e.g., blue, black, and gray). Employees may purchase additional shirts (beyond the allowed 4) at their own expense. Employees may wear any of the styles/colors agreed upon or any combination thereof ( i.e., gray short sleeve one day, long black sleeve on another day, blue short sleeve another day, etc.) Polo shirts are not required to be tucked in and no belt is required when shirts are worn outside the plain black twill style pants.
SWEATER/JACKET
The City will provide one (1) sweater or jacket per year of the specified style agreed upon.
The parties agreed that the sweater will be identical to that worn by the Police Records Technicians. The parties further agree that the jacket will be selected no later than September 30, 2008. Should the employees require a jacket prior to the final selection of the Communication Operator jacket; the parties agree that the sweater issued to the Police Records Technician will be worn.
EMPLOYEE PAID
PANTS
Employees will purchase and wear basic black twill style pants at their own expense. The quantity purchased will be determined by the employee. Black twill style pants are defined as clean, plain, full coverage pants. No low- rise pants are permissible. Employees will be allowed to wear jeans on Sundays and for special City events such as “Casual for a Cure”.
BELT
When wearing a polo shirt that is tucked in, a plain black belt will be worn. Employees will purchase this belt at their own expense. Polo shirts are not required to be tucked in and no belt is required when shirts are worn outside the plain black twill style pants.
SHOES
Employees will purchase and wear plain black shoes at their own expense. Tennis shoes, thongs, “flip flops”, or overly casual sandals are generally prohibited unless given direct authorization.
EXHIBIT L
151
EXHIBIT L
BCEA PROFESSIONAL/SUPERVISORY UNIT
Exhibit L is not an inclusive list, and as titles are created or as the FLSA status of existing titles change, those titles will be subject to Article VIII Section F.10 and will be added to the BCEA Professional/Supervisory Unit.
Accountant
Aquatics Supervisor
Facility Technology Coordinator
Librarian
Recreation Supervisor
Senior Accountant
Senior Librarian
Social Services Program Supervisor – Nutrition
Social Services Supervisor
Workers’ Compensation Representative II
EXHIBIT M
152
EXHIBIT M
PARKS AND RECREATION DEPARTMENT
SENIOR AND HUMAN SERVICES SECTION
NUTRITION STAFF UNIFORMS AND DRESS CODE
Per Article II.K.3 Uniforms Provided through Laundry Services and Article II.L.
Dress Code, the Parks and Recreation Department strives to maintain a workplace environment that presents a professional, businesslike image to clients, visitors, customers, and the public. As part of that effort, employees are required to maintain a neat and clean appearance that is appropriate for the workplace setting and for the work being performed. Below outlines the uniform and dress code standards for assignments related to working a kitchen and the Home Delivery Meal Program.
ASSIGNMENT - KITCHEN
Employees who are primarily assigned to work in a kitchen (i.e., including, but not limited to: Food Services Supervisor, Senior Food Services Aide, Food Services Aide, Work Trainee I, or any job title the immediate supervisor deems as operationally necessary) are required to comply with the following uniform and dress code standards:
• Top:
o White cookware uniform shirt (City provided – Article II. Section K.3); or o For special or as -needed occasions, as specified by a supervisor, the Parks and Recreation Department staff shirt (City provided - One per employee each year), including the name badge.
• Bottom:
o Uniform jeans (City provided - Article II. Section K.3); or o Personal jeans, shorts, skirts, or capris. Note:
Jeans must not be baggy or excessively loose fitting, and may not have holes.
Shorts must be of walking length or longer. Shorts may not be baggy, excessively loose fitting, tight, and may not have anything hanging from them.
Skirts must be at knee length. Skirts must not be free- flowing and may not have anything hanging from them.
• Shoes:
o Closed-toe shoes (City-provided – one per employee).
Note: If the employee chooses to wear the City -provided uniforms, such as jeans, the employee must wear the City provided-uniforms for the duration of their employment. Any other changes to uniform selection may be authorized by the immediate supervisor.
EXHIBIT M
153
The City will provide the aforementioned uniform to those employees whose primary assignment is to work in a kitchen, per Article II. Section K.3 . Replacement of City - provided uniforms shall be provided as needed during the year except that employees will bear the replacement cost if the item is lost or is deliberately damaged or significantly faded by the employee. Employees will report damage to City-provided uniforms in a timely manner.
ASSIGNMENT – HOME DELIVERED MEAL PROGRAM
Employees who are primarily assigned work in the operations of the Home Delivered Meals Program (including, but not limited to: Food Services Aide, Work Trainee I, or any job title the immediate supervisor deems as operationally necessary, delivering food to clients’ doors, driving vehicle, etc.) are required to comply with the following uniform and dress code standards:
• Top:
o Option 1: White cookware uniform shirt (City provided – Article II. Section K.3) AND the Parks and Recreation Department staff shirt (One per employee each year); or
o Option 2: The Parks and Recreation Department staff shirt (Two per employee each year), including the name badge.
• Bottom:
o Uniform jeans (City provided - Article II. Section K.3); or o Personal jeans, shorts, skirts, or capris. Note:
Jeans must not be baggy or excessively loose fitting, and may not have holes.
Shorts must be of walking length or longer. Shorts may not be baggy, excessively loose fitting, tight, and may not have anything hanging from them.
Skirts must be at knee length. Skirts must not be free-flowing, and may not have anything hanging from them.
• Shoes:
o Closed-toe shoes (City-provided – one per employee).
Note: If the employee chooses to wear the City-provided uniforms, such as the jeans, the employee must wear the City provided-uniforms for the duration of their employment. Any other changes to uniform selection may be authorized by the immediate supervisor.
Replacement of City -provided uniforms shall be provided as needed during the year except that employees will bear the replacement cost if the item is lost or is deliberately damaged or significantly faded by the employee. Employees will report damage to Ci ty- provided uniforms in a timely manner.
EXHIBIT M
154
ASSIGNMENT - SOCIAL SERVICES COORDINATORS IN THE HOME DELIVERED
MEAL PROGRAM AND/OR IN A KITCHEN
Social Services Coordinators who work in a kitchen and/or the Home Delivered Meal Program are required to wear appropriate professional attire, which includes:
• Short or long sleeves shirt, blouse, or Parks and Recreation Department staff shirt; o Note: Tank tops are prohibited;
• Parks and Recreation Department name badge;
• Personal jeans, shorts, skirts, or capris. Note:
o Jeans must not be baggy or excessively loose fitting, and may not have holes.
o Shorts must be of walking length or longer. Shorts may not be baggy, excessively loose fitting, tight, and may not have anything hanging from them.
o Skirts must be at knee length. Skirts must not be free-flowing, and may not have anything hanging from them; and
• Personal closed-toed shoes.
EXHIBIT N
155
EXHIBIT N
BCEA CLASSIFICATIONS’
BIWEEKLY SALARIES
(Hourly salaries where noted)
TABLE 1
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
CLASSIFICATION
CURRENT
TOP
(BIWEEKLY)
%
INCREASE
Effective
5/25/25
NEW TOP
(BIWEEKLY)
Effective
5/25/25
%
INCREASE
Effective
6/22/25
NEW TOP
(BIWEEKLY)
Effective
6/22/25
A CCOUNT CLERK $2,426.61 3.78% $2,518.34 4.00% $2,619.07 AC C O UNTANT $3,693.43 7.58% $3,973.39 4.00% $4,132.33 ANIMAL C TRL O FC R $3,041.26 5.04% $3,194.54 4.00% $3,322.32 AP P LS DEV ANALYS T I $3,173.95 6.79% $3,389.46 4.00% $3,525.04 AQ UATIC S S UP V $3,950.64 9.41% $4,322.40 4.00% $4,495.30 A SSOC PL NER $4,231.92 7.36% $4,543.39 4.00% $4,725.13 A SSOC T RA NS PL NER $4,231.92 7.36% $4,543.39 4.00% $4,725.13 AS T P LNER $3,837.59 7.36% $4,120.04 4.00% $4,284.84
AS T TRAF S IGNL TEC H $2,997.86 3.92% $3,115.38 4.00% $3,240.00 AS T TRANS P LNER $3,837.59 7.36% $4,120.04 4.00% $4,284.84 BENEFITS CORD $3,515.77 8.99% $3,831.84 4.00% $3,985.11 BLDG INSP I $3,375.23 11.55% $3,765.07 4.00% $3,915.67
BUY ER I $3,557.05 5.27% $3,744.51 4.00% $3,894.29
BUY ER II $4,090.72 5.27% $4,306.30 4.00% $4,478.55
CARPENTER $3,115.34 4.64% $3,259.89 4.00% $3,390.29
CARPENTER LEADWKR $3,370.19 4.64% $3,526.57 4.00% $3,667.63 CEMENT FINISHER $3,154.56 9.48% $3,453.61 4.00% $3,591.75 CIVIL ENGNRG ASSOC $4,932.54 6.66% $5,261.05 4.00% $5,471.49 CIVIL ENGNRG ASSOC-BWP $4,932.54 6.66% $5,261.05 4.00% $5,471.49 CIVIL ENGNRG AST $4,241.97 6.66% $4,524.49 4.00% $4,705.47 CIVIL ENGNRG AS T-BWP $4,241.97 6.66% $4,524.49 4.00% $4,705.47 CLERICAL WKR $2,159.34 5.29% $2,273.57 4.00% $2,364.51
CODE COM PLIA NCE INSP I $3,159.63 11.55% $3,524.57 4.00% $3,665.55 CODE COMPLIANCE INSP II $3,375.23 11.55% $3,765.07 4.00% $3,915.67 COLLECTION SY S JOURNEY MA N $3,223.15 6.41% $3,429.75 4.00% $3,566.94 COLLECTION S YS LEADWKR $3,954.41 6.41% $4,207.89 4.00% $4,376.21 COLLECTION S YS WKR $2,840.64 6.41% $3,022.73 4.00% $3,143.64 COLLECTIONS S P ECIALIS T $3,186.37 6.49% $3,393.17 4.00% $3,528.90
EXHIBIT N
156
TABLE 1 (continued)
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
CLASSIFICATION
CURRENT
TOP
(BIWEEKLY)
%
INCREASE
Effective
5/25/25
NEW TOP
(BIWEEKLY)
Effective
5/25/25
%
INCREASE
Effective
6/22/25
NEW TOP
(BIWEEKLY)
Effective
6/22/25
COMITY SERV OFCR $2,702.42 7.35% $2,901.05 4.00% $3,017.09 C OMM OP $3,258.39 5.36% $3,433.04 4.00% $3,570.36
C OMM S UP V $3,975.35 5.36% $4,188.43 4.00% $4,355.97
C O NS T & MAINT LEADWKR $3,448.58 4.64% $3,608.59 4.00% $3,752.93 CONST AND MAINT WK R $2,963.54 4.64% $3,101.05 4.00% $3,225.09 CONST INSP I $3,710.17 3.96% $3,857.09 4.00% $4,011.37
CONST INSP II $3,945.78 3.96% $4,102.03 4.00% $4,266.11 CROSS CONN CT RL SPECIA L IST $4,792.32 8.14% $5,182.41 4.00% $5,389.71 CROSSING GUARD (hourly) $17.39 7.35% $18.67 4.00% $19.42 CUST SERV REP I $2,399.23 5.54% $2,532.15 4.00% $2,633.44 CUST SERV REP II $2,688.38 5.54% $2,837.32 4.00% $2,950.81 CUST SERV REP III $3,087.26 5.54% $3,258.29 4.00% $3,388.62 CUST SERV SUPV $4,239.44 5.54% $4,474.30 4.00% $4,653.27 C US TO DIAL LEADWKR $2,276.16 2.83% $2,340.58 4.00% $2,434.20 C US TO DIAN $2,084.63 2.83% $2,143.63 4.00% $2,229.38
DUPLICATING MACHINE OP $2,281.77 5.26% $2,401.79 4.00% $2,497.86 ELEC ENGNRG ASSOC I $4,519.00 7.42% $4,854.31 4.00% $5,048.48 ELEC ENGNRG ASSOC II $5,254.66 7.42% $5,644.56 4.00% $5,870.34 ELEC SERV PLNER $4,386.13 10.82% $4,860.71 4.00% $5,055.14 ENGNRG AIDE $3,643.90 6.66% $3,886.58 4.00% $4,042.04
ENGNRG ASSOC-TRAF $4,932.54 6.66% $5,261.05 4.00% $5,471.49 ENGNRG AST-TRAF $4,241.97 6.66% $4,524.49 4.00% $4,705.47 ENGNRG TECH $4,241.97 6.66% $4,524.49 4.00% $4,705.47
FAC ILITY ATTENDANT I (hourly) $16.50 4.83% $17.30 4.00% $17.99 FAC ILITY ATTENDANT II $1,595.74 4.83% $1,672.81 4.00% $1,739.72 FACILITY TECHNOLOGY CORD $5,412.75 7.42% $5,814.38 4.00% $6,046.96 FIBER SRV S SUPV $4,978.69 10.82% $5,517.38 4.00% $5,738.08 FIELD SERV REP $3,301.10 4.87% $3,461.86 4.00% $3,600.33 FIELD SERV REP II $2,771.38 4.87% $2,906.35 4.00% $3,022.60 FIRE EQUIP MECH $3,116.99 9.71% $3,419.65 4.00% $3,556.44 FIRE EQUIP SPECIALIST $3,637.19 9.71% $3,990.36 4.00% $4,149.97 FIRE INSP I $3,666.48 2.00% $3,739.81 4.00% $3,889.40
FIRE INSP II $4,307.84 2.00% $4,394.00 4.00% $4,569.76
FLEET MAINT AP P RENTIC E $2,619.47 9.71% $2,873.82 4.00% $2,988.77 FLEET MAINT TEC H $3,116.99 9.71% $3,419.65 4.00% $3,556.44 FLEET UTILITY WKR $2,218.97 9.71% $2,434.43 4.00% $2,531.81
EXHIBIT N
157
TABLE 1 (continued)
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
CLASSIFICATION
CURRENT
TOP
(BIWEEKLY)
%
INCREASE
Effective
5/25/25
NEW TOP
(BIWEEKLY)
Effective
5/25/25
%
INCREASE
Effective
6/22/25
NEW TOP
(BIWEEKLY)
Effective
6/22/25
FO O D S RVS AIDE $1,819.65 4.83% $1,907.54 4.00% $1,983.84 FOOD SRV S SUPV $2,694.24 9.41% $2,947.77 4.00% $3,065.68 FORENSIC SPECIALIST $3,551.69 6.28% $3,774.74 4.00% $3,925.73 FORENSIC SPECIA L IST SUPV $4,465.64 6.28% $4,746.08 4.00% $4,935.92 FORESTRY SRVS SUPV $3,806.29 10.24% $4,196.05 4.00% $4,363.89 GIS SPECIALIST $4,081.06 15.00% $4,693.22 4.75% $4,916.15 GRAPHICS MEDIA DESIGNER $4,244.61 7.36% $4,557.01 4.00% $4,739.29 GROUNDSKEEPER $2,664.91 10.24% $2,937.80 4.00% $3,055.31 GROUNDSKEEPER HELPER $2,121.50 10.24% $2,338.74 4.00% $2,432.29 HEAVY EQ UIP O P $3,198.23 2.00% $3,262.19 4.00% $3,392.68 HEAVY TRUC K DRIVER $2,499.07 8.62% $2,714.49 4.00% $2,823.07 HELICOPTER MECH $3,822.35 9.71% $4,193.50 4.00% $4,361.24 HH HAZ WAS TE LEADWKR $3,861.06 8.62% $4,193.88 4.00% $4,361.64 HH HAZ WASTE TECH $2,629.83 9.48% $2,879.14 4.00% $2,994.31 HR SPECIALIST $2,830.46 8.99% $3,084.92 4.00% $3,208.32 HR TECH I $2,668.26 8.99% $2,908.14 4.00% $3,024.47
HR TECH II $2,881.92 8.99% $3,141.00 4.00% $3,266.64
HSG AST $3,882.04 4.60% $4,060.61 4.00% $4,223.03
HSG SPECIA L IST $4,846.58 4.60% $5,069.52 4.00% $5,272.30 HSG SRV S A ST $3,060.13 4.60% $3,200.90 4.00% $3,328.94 INFO SY S A NA L Y ST I $3,173.95 6.79% $3,389.46 4.00% $3,525.04 INT EL L IGENT T RA NS SY S SPECIA L IST $4,260.27 6.66% $4,544.00 4.00% $4,725.76 INTERMEDIATE CLK $2,181.49 5.29% $2,296.89 4.00% $2,388.77 IRRIGATION SPECIALIST $2,792.31 6.64% $2,977.72 4.00% $3,096.83 JAILER $2,924.92 6.57% $3,117.09 4.00% $3,241.77
JR ENGNRG AIDE-BWP $2,959.52 6.66% $3,156.62 4.00% $3,282.88 K ENNEL ATTENDANT $2,407.47 5.04% $2,528.81 4.00% $2,629.96 LABORER $2,077.24 9.48% $2,274.16 4.00% $2,365.13
LANDFILL LEADWKR $3,861.06 8.62% $4,193.88 4.00% $4,361.64 L A NDSCA PE SRV S SUPV $3,806.29 10.24% $4,196.05 4.00% $4,363.89 LEAD JAILER $3,123.71 6.57% $3,328.94 4.00% $3,462.10
LEGAL AS T $3,280.09 6.42% $3,490.67 4.00% $3,630.30
LEGAL S EC $2,863.04 6.42% $3,046.85 4.00% $3,168.72
LEGAL S ECRETARIAL CLK $2,593.63 6.42% $2,760.14 4.00% $2,870.55 LIB OPERATIONS SUPV $2,975.75 8.65% $3,233.15 4.00% $3,362.48 LIBRARIAN $3,272.12 8.65% $3,555.16 4.00% $3,697.37
EXHIBIT N
158
TABLE 1 (continued)
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
CLASSIFICATION
CURRENT
TOP
(BIWEEKLY)
%
INCREASE
Effective
5/25/25
NEW TOP
(BIWEEKLY)
Effective
5/25/25
%
INCREASE
Effective
6/22/25
NEW TOP
(BIWEEKLY)
Effective
6/22/25
LIBRARY ASSOC $2,232.97 8.65% $2,426.12 4.00% $2,523.16 LIBRARY AST $2,679.38 8.65% $2,911.15 4.00% $3,027.60
LIBRARY MONITOR $1,915.16 8.65% $2,080.82 4.00% $2,164.05 LIBRARY PAGE/ PT $1,848.25 8.65% $2,008.12 4.00% $2,088.44 LIFEGUARD $1,564.07 15.00% $1,798.68 7.69% $1,937.00
LIFEGUARD-INS TRUC TOR $1,720.55 15.00% $1,978.63 7.69% $2,130.79 LO C KER RM ATTENDANT (hourly) $16.50 15.00% $18.98 7.69% $20.44 MAIL RM AS T $1,626.21 5.29% $1,712.24 4.00% $1,780.73
METAL WKR $3,805.45 9.71% $4,174.96 4.00% $4,341.96
MOTOR SWEEPER OP $3,124.41 2.00% $3,186.90 4.00% $3,314.38 M UNICIPA L RCRDS CLK $2,979.17 5.29% $3,136.77 4.00% $3,262.24 NETWORK S UP P ORT ANALYS T I $3,169.38 6.79% $3,384.58 4.00% $3,519.96 OFFSET PRESS OP $2,459.48 5.26% $2,588.85 4.00% $2,692.40 P AINTER $3,092.16 4.64% $3,235.64 4.00% $3,365.07
P AINTER LEADWKR $3,450.37 4.64% $3,610.47 4.00% $3,754.89 PARKING CTRL OFCR $2,528.20 7.35% $2,714.02 4.00% $2,822.58 PARKING CTRL SUPV $2,934.13 10.28% $3,235.76 4.00% $3,365.19 P AYROLL TECH I $2,798.29 6.49% $2,979.90 4.00% $3,099.10 P AYROLL TECH II $2,950.64 6.49% $3,142.14 4.00% $3,267.83 P ERMIT TEC H $2,959.59 11.55% $3,301.42 4.00% $3,433.48 P IP EFITTER $4,090.39 8.14% $4,423.35 4.00% $4,600.28
PIPEFIT T ER A PPRENT ICE $3,681.35 8.14% $3,981.02 4.00% $4,140.25 P IP EFITTER-OP $4,417.48 8.14% $4,777.06 4.00% $4,968.14 PLNG TECH $2,953.63 7.36% $3,171.02 4.00% $3,297.86
P O L C ADET $2,009.41 5.36% $2,117.11 4.00% $2,201.79
POL RCRDS TECH $2,835.91 5.36% $2,987.91 4.00% $3,107.43 POL RCRDS T ECH SUPV $3,459.67 5.36% $3,645.11 4.00% $3,790.91 P OL TEC H $2,586.96 5.36% $2,725.62 4.00% $2,834.64
P RIN CLK $3,191.67 5.29% $3,360.51 4.00% $3,494.93
PROG SPECIALIST $2,795.60 4.83% $2,930.63 4.00% $3,047.86 PROPERTY AND EVIDENCE TECH $2,758.38 6.28% $2,931.61 4.00% $3,048.87 P UBLIC S FTY FAC ILITY TEC H $3,213.10 6.57% $3,424.20 4.00% $3,561.17 P W J O U R N E YMAN $2,967.55 9.48% $3,248.87 4.00% $3,378.82 PWR RESOURCES PLNG ASSOC I $4,364.84 9.95% $4,799.14 4.00% $4,991.11 PWR RESOURCES PLNG ASSOC II $5,075.41 9.95% $5,580.41 4.00% $5,803.63 PWR SUPPLY SCHEDULER $5,254.66 7.42% $5,644.56 4.00% $5,870.34
EXHIBIT N
159
TABLE 1 (continued)
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
CLASSIFICATION
CURRENT
TOP
(BIWEEKLY)
%
INCREASE
Effective
5/25/25
NEW TOP
(BIWEEKLY)
Effective
5/25/25
%
INCREASE
Effective
6/22/25
NEW TOP
(BIWEEKLY)
Effective
6/22/25
RANGEMAS TER $3,557.56 6.57% $3,791.29 4.00% $3,942.94
RCRDS TECH $2,979.17 5.29% $3,136.77 4.00% $3,262.24
REC CORD $3,017.03 4.83% $3,162.75 4.00% $3,289.26
REC LDR $2,169.52 2.00% $2,212.91 4.00% $2,301.43
REC SUPV $3,835.57 9.41% $4,196.50 4.00% $4,364.36
RIGHT OF WAY SPECIALIST $4,445.74 6.66% $4,741.83 4.00% $4,931.50 SECURITY GUARD $2,634.11 5.54% $2,780.04 4.00% $2,891.24 SIGN LANG INTERPRETER (hourly) $45.05 4.83% $47.23 4.00% $49.12 S KILLED WKR $2,629.83 9.48% $2,879.14 4.00% $2,994.31
SOC SRV S CORD $2,648.72 4.83% $2,776.65 4.00% $2,887.72 SOC SRV S PROG SUPV-NUTR $4,251.03 9.41% $4,651.05 4.00% $4,837.09 SOC SRV S SUPV $3,517.09 9.41% $3,848.05 4.00% $4,001.97 S O LID WAS TE LEADWKR $3,861.06 8.62% $4,193.88 4.00% $4,361.64 SOLID WA ST E TRUCK OP $2,590.79 8.62% $2,814.12 4.00% $2,926.68 SOLID WASTE UTILITY WKR $3,183.96 8.62% $3,458.42 4.00% $3,596.76 S P EC IAL AC TIVITY LDR $2,166.69 4.83% $2,271.34 4.00% $2,362.19 SPECIAL PROJ CREW LDR $2,118.17 10.24% $2,335.07 4.00% $2,428.47 S R AC C O UNTANT $4,642.70 7.58% $4,994.62 4.00% $5,194.40 S R ANIMAL C TRL O FC R $3,530.21 5.04% $3,708.13 4.00% $3,856.46 SR CIVIL ENGNRG AST $4,454.35 6.66% $4,751.01 4.00% $4,941.05 S R CLK $2,603.68 5.29% $2,741.41 4.00% $2,851.07
SR CODE COMPLIANCE INSP $4,350.41 11.55% $4,852.88 4.00% $5,047.00 SR CONST INSP $4,333.60 3.96% $4,505.21 4.00% $4,685.42 SR ELEC SERV PLNER $4,767.53 10.82% $5,283.38 4.00% $5,494.72 SR ENGNRG TECH $4,587.25 6.66% $4,892.76 4.00% $5,088.47 S R FLEET MAINT TEC H $3,369.82 9.71% $3,697.03 4.00% $3,844.91 SR FOOD SRV S A IDE $2,203.58 4.83% $2,310.01 4.00% $2,402.41 SR GIS SPECIALIST $4,613.68 15.00% $5,305.73 4.75% $5,557.75 SR GROUNDSK EEPER $3,193.42 10.24% $3,520.43 4.00% $3,661.25 SR LIB AST $2,949.65 8.65% $3,204.79 4.00% $3,332.98
SR LIBRARIAN $3,589.11 8.65% $3,899.57 4.00% $4,055.55
SR LIFEGUARD $1,912.67 15.00% $2,199.57 7.69% $2,368.72 SR PROPERTY AND EVIDENCE TECH $3,034.20 6.28% $3,224.75 4.00% $3,353.74 SR PWR RESOURCES PLNER $6,265.98 9.95% $6,889.45 4.00% $7,165.03 SR REC LDR $2,545.50 2.00% $2,596.41 4.00% $2,700.27
SR SECRETARY $3,042.31 5.29% $3,203.25 4.00% $3,331.38
EXHIBIT N
160
TABLE 1 (continued)
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
CLASSIFICATION
CURRENT
TOP
(BIWEEKLY)
%
INCREASE
Effective
5/25/25
NEW TOP
(BIWEEKLY)
Effective
5/25/25
%
INCREASE
Effective
6/22/25
NEW TOP
(BIWEEKLY)
Effective
6/22/25
SR SECURITY GUARD $2,952.21 5.54% $3,115.76 4.00% $3,240.39 SR SURVEY AIDE $4,488.61 6.66% $4,787.55 4.00% $4,979.05 SR TREE TRIMMER $3,193.42 10.24% $3,520.43 4.00% $3,661.25 SR VIDEO PROD AS S O C $3,459.81 12.62% $3,896.44 4.00% $4,052.30 S R WTR P LT MEC H $4,663.07 8.14% $5,042.64 4.00% $5,244.35 S R WTR P LT OP $4,663.07 8.14% $5,042.64 4.00% $5,244.35 STOREKEEPER $2,700.24 5.29% $2,843.08 4.00% $2,956.80
STORES HELPER $2,445.84 5.29% $2,575.22 4.00% $2,678.23 S TR MAINT LEADWKR $3,861.06 8.62% $4,193.88 4.00% $4,361.64 SUPV G A CCOUNT CLK $2,816.38 3.78% $2,922.84 4.00% $3,039.75 S UP VG C LK $2,745.35 5.29% $2,890.58 4.00% $3,006.20
SUPV G OFFSET PRESS OP $2,648.31 5.26% $2,787.61 4.00% $2,899.11 TEC HNL S UP P ORT ANALYS T I $2,795.74 6.79% $2,985.57 4.00% $3,104.99 TEC HNL S UP P ORT ANALYS T II $3,183.20 6.79% $3,399.34 4.00% $3,535.31 TIRE MAINT WKR $2,552.24 9.71% $2,800.06 4.00% $2,912.06 TRAF CTRL JOURNEY MAN $2,671.32 3.92% $2,776.04 4.00% $2,887.08 TRAF SIGNL OPERATIONS SPECIALIST $4,260.27 6.66% $4,544.00 4.00% $4,725.76 TRAF S IGNL TEC H $3,578.25 3.92% $3,718.52 4.00% $3,867.26 TRANS OPERATIONS SUPV $3,120.46 12.78% $3,519.25 4.00% $3,660.02 TRANS SCHEDULER $2,726.64 12.78% $3,075.10 4.00% $3,198.10 TRANS SRVS DRIVER $2,158.44 12.78% $2,434.29 4.00% $2,531.66 TREASURER TECH $2,950.64 6.49% $3,142.14 4.00% $3,267.83 TREE TRIMMER $2,664.91 10.24% $2,937.80 4.00% $3,055.31 TREE TRIMMER HELPER $2,121.50 10.24% $2,338.74 4.00% $2,432.29 UTILITY AC C TG ANALYS T $3,696.63 7.35% $3,968.33 4.00% $4,127.06 UTILITY WKR $2,179.81 9.48% $2,386.46 4.00% $2,481.92
VETERINARY TECH $2,721.94 5.04% $2,859.13 4.00% $2,973.50 VIDEO P RO D AS S O C $2,475.50 12.62% $2,787.91 4.00% $2,899.43 WELDER $3,556.52 9.71% $3,901.86 4.00% $4,057.93
WK TRAINEE I $1,530.81 4.83% $1,604.75 4.00% $1,668.94
WORKERS' COMP & RK MGT REP I $2,139.70 15.00% $2,460.66 15.00% $2,829.76 WORKERS' COMP REP II $2,830.46 15.00% $3,255.03 15.00% $3,743.28 WTR METER MECH $4,295.13 8.14% $4,644.75 4.00% $4,830.54 WTR P LT MEC H $4,090.39 8.14% $4,423.35 4.00% $4,600.28 WTR P LT OP $4,090.39 8.14% $4,423.35 4.00% $4,600.28
WTR Q UALITY ANALYS T $4,748.98 8.14% $5,135.55 4.00% $5,340.97
EXHIBIT N
161
TABLE 1 (continued)
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
CLASSIFICATION
CURRENT
TOP
(BIWEEKLY)
%
INCREASE
Effective
5/25/25
NEW TOP
(BIWEEKLY)
Effective
5/25/25
%
INCREASE
Effective
6/22/25
NEW TOP
(BIWEEKLY)
Effective
6/22/25
WTR SERV PLNER $4,386.13 10.82% $4,860.71 4.00% $5,055.14 YO U TH E MP LO YMT AS T $1,623.31 5.29% $1,709.18 4.00% $1,777.55 Y OUTH EMPLOY MT CORD (hourly) $26.22 5.29% $27.61 4.00% $28.71
YOUTH EMP LOYMT JR TEAM LDR
(hourly) $18.22 5.29% $19.18 4.00% $19.95
YOUTH EMP LOYMT TEAM LDR
(hourly) $21.86 5.29% $23.02 4.00% $23.94
Y OUT H SRV S WK R (hourly) $17.25 5.29% $18.16 4.00% $18.89
TABLE 2
Column 1 Column 2 Column 3 Column 4 Column 5
CLASSIFICATIONS
ESTABLISHED AFTER
JUL Y 1, 2024
DATE
ES T.
BEGINNING
TOP
(BIWEEKLY)
%
INCREASE
Effective
6/22/25
NEW TOP
(BIWEEKLY)
Effective
6/22/25
CLIENT TECHNOLOGY
SPECIALIST 2/25/2025 $3,390.98 4.00% $3,526.62
P ARKING P ERMIT TEC H 1/14/2025 $2,959.59 4.00% $3,077.97 S R UTILITY LOC ATOR 7/16/2024 $3,761.74 4.00% $3,912.21 UT IL IT Y BUSINESS SY S A NA L Y ST 2/25/2025 $4,499.39 4.00% $4,679.37 UTILITY LOC ATOR 7/16/2024 $6,806.58 4.00% $7,078.84
TABLE 3
Column 1 Column 2 Column 3 Column 4
CLASSIFICATIONS WITH
ADDITIONAL INCREASE
TOP
(BIWEEKLY)
AS OF
6/22/25
%
INCREASE
Effective
12/21/25
NEW TOP
(BIWEEKLY)
Effective
12/21/25
WORKERS' COMP & RK MGT REP I $2,829.76 13.89% $3,222.81 WORKERS' COMP REP II $3,743.28 13.89% $4,263.22
APPENDIX
162
APPENDIX
A
ACCESS TO WORK LOCATIONS .............................................................................................................................. 89 ALCOHOL .............................................................................. 86, 87, 117, 118, 120, 121, 122, 123, 124, 126, 127, 130 APPOINTMENTS ......................................................................................................................................... 37, 112, 113 AQMD .......................................................................................................................................................................... 45 ARBITRATION ................................................................................................................................................. 75, 76, 77 ARBITRATION TRAINING ........................................................................................................................................... 93 ARBITRATORS ........................................................................................................................................................... 76 AS-NEEDED STATUS ................................................................................................................................................... 2 ATTENDANCE ............................................................................................................................................................. 56 B
BENCHMARK POSITIONS ........................................................................................................................................ 138 BENEFITS WHILE ON UNPAID LEAVE ...................................................................................................................... 44 BEREAVEMENT LEAVE ............................................................................................................................................. 48 BILINGUAL BONUS..................................................................................................................................................... 11 BULLETIN BOARDS .................................................................................................................................................... 91 BURBANK EMPLOYEE RETIREE MEDICAL TRUST (BERMT) ................................................................................. 94 C
CALLED BACK TO WORK .......................................................................................................................................... 51 CAMPAIGNING FOR OFFICE ..................................................................................................................................... 89 CERTIFICATES ..................................................................................................................................................... 80, 93 CIVIL SERVICE BOARD .............................................................................................. 43, 70, 78, 83, 90, 106, 110, 111 CIVIL SERVICE EXEMPT EMPLOYEES ..................................................................................................................... 99 CLASSIFICATION TITLES .......................................................................................................................................... 97 CONFIDENTIAL EMPLOYEES .............................................................................................................................. 1, 100 CONTINUOUS EXAMINATIONS ............................................................................................................................... 106 CONTRACT TRAINING ............................................................................................................................................... 93 CONTRACTING OUT .................................................................................................................................................. 67 D
DEATH IN FAMILY ...................................................................................................................................................... 39 DEFERRED COMPENSATION ................................................................................................................................... 95 DEFINITIONS ................................................................................................................................................ 101–4, 118 DEMOTION ................................................................................................................................................ 63, 64, 79, 81 DEPARTMENTAL MEETINGS .................................................................................................................................... 84 DIFFERENTIAL PAY ..................................................................................................................................................... 9 DISCHARGE ............................................................................................................................................ 72, 79, 86, 108 DISCIPLINE ............................................................................................. 7, 72, 79, 80, 81, 86, 122, 123, 126, 132, 135 DISMISSAL ...................................................................................................................................................... 43, 79, 81 DISPLACEMENT ....................................................................................................................................... 60, 61, 62, 63 DRESS CODE ....................................................................................................................................................... 20–21 DRUG AND ALCOHOL PROGRAMS .......................................................................................................................... 86 E
ELECTION LEAVE ...................................................................................................................................................... 42 EMERGENCY CALL-OUT PROCEDURE – PARKS AND RECREATION ................................................................ 115 EMERGENCY CALL-OUT PROCEDURE – PUBLIC WORKS .................................................................................. 114 EMERGENCY DISCIPLINARY SITUATIONS .............................................................................................................. 82 EMERGENCY LEAVE ................................................................................................................................................. 40 EMPLOYEE RIGHTS ................................................................................................................................................... 88 EMPLOYMENT EXAMINATIONS .............................................................................................................................. 105 EMPLOYMENT LISTS ............................................................................................................................... 105, 111, 113 EQUIPMENT DAMAGE ............................................................................................................................................... 20 EVALUATION OF VEHICLE ACCIDENTS ................................................................................................................ 134 EVALUATIONS - FAILURE TO PERFORM ................................................................................................................... 6 EXEMPT STATUS ................................................................................................................................................... 3, 36 EXPIRATION OF LEAVES .......................................................................................................................................... 43
APPENDIX
163
F
FAIR LABOR STANDARDS ACT (FLSA) .................................................................................................................... 94 FLOATING HOLIDAYS .......................................................................................................................................... 23, 35 FRINGE BENEFIT CONTRIBUTION ........................................................................................................................... 23 G
GRIEVANCE ........................................................................................................................................ 18, 70, 77, 81, 83 GRIEVANCE DEFINITIONS ........................................................................................................................................ 71 GRIEVANCE PROCEDURE ............................................................................................................................ 71, 72–76 H
HEALTH CARE PROGRAMS ...................................................................................................................................... 26 HOLIDAYS ......................................................................................................................................... 23, 33, 34, 71, 114 HOLIDAYS – PART-TIME EMPLOYEES ..................................................................................................................... 34 HOURS OF WORK ...................................................................................................................................................... 45 I
ILLICIT DRUGS ................................................................................................................................................... 86, 117 IMMEDIATE SUPERVISOR ......................................................................................................................... 71, 121, 134 IN LIEU ACCUMULATION ........................................................................................................................................... 52 IN LIEU TIME ............................................................................................................................................................... 52 INDUSTRIAL ACCIDENT LEAVE .......................................................................................................................... 36, 42 INJURY .......................................................................................................................................................... 42, 50, 114 J
JOINT LABOR / MANAGEMENT COMMITTEE ...................................................................................................... 9, 68 JURY AND SUBPOENA LEAVE .................................................................................................................................. 39 L
LAYOFF ................................................................................................................................... 53, 61, 62, 63, 64, 65, 66 LEAVE OF ABSENCE ..................................................................................................................................... 39, 40, 43 LEAVES ........................................................................................................................................................... 39, 40, 44 LICENSES ................................................................................................................................................................... 93 LIE DETECTOR TEST ................................................................................................................................................. 80 LIFE INSURANCE ....................................................................................................................................................... 26 LUNCH PERIOD .......................................................................................................................................................... 49 M
MAJOR DISCIPLINE.................................................................................................................................................... 81 MANAGEMENT RIGHTS ............................................................................................................................................. 92 MATERNITY LEAVE .................................................................................................................................................... 42 MEDIATION ........................................................................................................................................................... 72, 83 MEDICARE .................................................................................................................................................................. 26 MEMBERSHIP LIST .................................................................................................................................................... 89 METHOD OF EXAMINING ........................................................................................................................................ 106 MILEAGE REIMBURSEMENT ..................................................................................................................................... 21 MILITARY LEAVE .................................................................................................................................................. 40, 43 MINOR DISCIPLINE .................................................................................................................................................... 80 N
NEW CLASSIFICATIONS .............................................................................................................................................. 1 NEW EMPLOYEES ..................................................................................................................................................... 89 NON-DISCRIMINATION .............................................................................................................................................. 70 O
OVERTIME DEFINITION ............................................................................................................................................. 49 OVERTIME MEAL POLICY ................................................................................................................................... 56, 57 OVERTIME PAY .............................................................................................................................................. 48, 49, 58 OVERTIME RATE ........................................................................................................................................................ 50
APPENDIX
164
P
PART TIME EMPLOYEES ............................................................................................................... 1, 16, 36, 38, 48, 62 PAST PRACTICES ...................................................................................................................................................... 92 PAY DATES ................................................................................................................................................................... 9 PERS EMPLOYE CONTRIBUTION ............................................................................................................................. 29 PERS RETIREMENT ................................................................................................................................................... 36 PERSONAL LEAVE ............................................................................................................................................... 23, 41 PERSONNEL FILES .................................................................................................................................................... 90 POSITION AUDIT ........................................................................................................................................................ 18 PRE-DISCIPLINARY HEARINGS ................................................................................................................................ 83 PROBATION ................................................................................................................................................................ 59 PROBATION EXTENSION .......................................................................................................................................... 59 PROFESSIONAL DEVELOPMENT PAY ..................................................................................................................... 56 PROFESSIONAL LEAVE ....................................................................................................................................... 53, 54 PROFESSIONAL LEAVE - PART TIME EMPLOYEES ............................................................................................... 54 PROFESSIONAL LICENSES ...................................................................................................................................... 93 PROFESSIONAL/SUPERVISORY UNIT (FLSA EXEMPTION) ................................................................................... 53 PROFESSIONAL/SUPERVISORY UNIT (TITLES) ................................................................................................... 141 PROMOTABILITY ...................................................................................................................................................... 108 PROMOTIONAL EXAMINATIONS ............................................................................................................................ 105 R
RAINGEAR .................................................................................................................................................................. 85 RECALL ........................................................................................................................................................... 64, 65, 66 RECOGNITION .............................................................................................................................................................. 1 RECRUITMENT ......................................................................................................................................................... 105 REDUCTIONS IN PAY................................................................................................................................................. 83 REINSTATEMENT ....................................................................................................................................................... 59 RELIGIOUS SERVICES .............................................................................................................................................. 40 RENEWAL EXAMINATIONS ....................................................................................................................................... 93 REPRESENTATION .................................................................................................................................................... 82 REQUISITION FOR APPOINTMENT ........................................................................................................................ 112 RESIGNATION ...................................................................................................................................................... 53, 93 REST PERIODS .......................................................................................................................................................... 49 RETIREMENT .................................................................................................................................................. 36, 53, 65 RIGHT OF REPRESENTATION .................................................................................................................................. 90 ROTATING SHIFTS ..................................................................................................................................................... 48 S
SAFETY ........................................................85, 111, 117, 118, 120, 121, 122, 123, 125, 126, 129, 132, 133, 134, 135 SAFETY GLASSES ..................................................................................................................................................... 85 SAFETY SHOES ......................................................................................................................................................... 85 SALARY ............................................................................................................................................................... 65, 112 SALARY - ACCELERATION .......................................................................................................................................... 8 SALARY - ADVANCEMENT .......................................................................................................................................... 5 SALARY - INITIAL ......................................................................................................................................................... 4 SALARY SCHEDULE .................................................................................................................................................... 4 SENIORITY .......................................................................................................................... 32, 62, 63, 64, 65, 106, 108 SHIFT PAY .................................................................................................................................................................... 9 SHORT MEETINGS ..................................................................................................................................................... 84 SICK LEAVE .................................................................................................................................................. 36, 80, 133 SICK LEAVE ACCRUAL .............................................................................................................................................. 36 SICK LEAVE CONVERSION ....................................................................................................................................... 37 SICK LEAVE MEDICAL CERTIFICATE ....................................................................................................................... 37 SICK LEAVE NOTICE.................................................................................................................................................. 37 SICK LEAVE REVOKED .............................................................................................................................................. 37 SICK LEAVE USE ........................................................................................................................................................ 36 SICK LEAVE WITHOUT PAY ...................................................................................................................................... 37 SOLICITATION OF MEMBERSHIP ............................................................................................................................. 89 SPECIAL MEDICAL ..................................................................................................................................................... 86 SUSPENSION ..................................................................................................................... 43, 80, 81, 82, 83, 123, 126
APPENDIX
165
T
TEMPORARY ................................................................................................................................................................ 1 TEMPORARY APPOINTMENT ......................................................................................................................... 112, 113 TEMPORARY ASSIGNMENT ...................................................................................................................................... 43 TERMINATION .................................................................................................. 53, 59, 80, 86, 121, 122, 123, 126, 132 TESTING .................................. 63, 86, 87, 105, 109, 117, 118, 119, 120, 122, 123, 124, 125, 126, 127, 131, 132, 133 TIME OFF FOR CIVIL SERVICE BOARD MEETINGS ................................................................................................ 90 TRAINING ........................................................................................................................................ 86, 87, 93, 106, 123 TUITION REIMBURSEMENT ...................................................................................................................................... 27 U
U.S. DEPARTMENT OF TRANSPORTATION ALCOHOL AND DRUG ABUSE POLICY ........................................... 87 UNAUTHORIZED ABSENCE ................................................................................................................................ 43, 79 UNIFORMS ...................................................................................................................................................... 18–20, 19 UNIFORMS AND DRESS CODE (SENIOR AND HUMAN SERVICES) .................................................................... 142 UNIFORMS FOR COMMUNICATION OPERATORS ................................................................................................ 140 UNION LEAVE ............................................................................................................................................................. 91 V
VACATION - PART-TIME EMPLOYEES ..................................................................................................................... 32 VACATION ACCRUAL................................................................................................................................................. 31 VACATION ACCUMULATION ..................................................................................................................................... 32 VACATION SCHEDULING .......................................................................................................................................... 31 VACATIONS .......................................................................................................................................................... 31, 46 VDT SAFETY COMMITTEE ........................................................................................................................................ 85 W
WELLNESS PROGRAM .............................................................................................................................................. 27 WORK WEEK .............................................................................................................................................................. 48 WORKING OUT-OF-CLASS ........................................................................................................................................ 15 WORKING OUT-OF-CLASS DEFINITION ................................................................................................................... 16 WORKING OUT-OF-CLASS STANDARDS ................................................................................................................. 17 Y
Y RATE .......................................................................................................................................................................... 9