EXHIBIT A – CONTINUING LETTERS OF UNDERSTANDING (LOUs)
i
and
International Union of Operating
Engineers,
Stationary Engineers, Local 39
Labor Agreement
Covering All Employees
In The General Supervisory Unit
2023-2025
ii
TABLE OF CONTENTS
Section Page
PREAMBLE ................................ ................................ ................................ ................................ ... 1 ARTICLE 1 – RECOGNITION ................................ ................................ ................................ ........ 1
1.1 RECOGNITION ............................................................................................................................... 1 ARTICLE 2 – SOLE AGREEMENT ................................ ................................ ................................ 1
2.1 SOLE AGREEMENT ....................................................................................................................... 1 ARTICLE 3 – CITY RIGHTS ................................ ................................ ................................ .......... 2
3.1 CITY RIGHTS .................................................................................................................................. 2 ARTICLE 4 – UNION RIGHTS ................................ ................................ ................................ ....... 2
4.1 PAYROLL DEDUCTIONS ............................................................................................................... 2
4.2 BULLETIN BOARDS ....................................................................................................................... 4
4.3 LIST OF NEW EMPLOYEES .......................................................................................................... 5
4.4 STEWARDS .................................................................................................................................... 5
4.5 USE OF CITY INFORMATION SYSTEMS ..................................................................................... 5
4.6 NEW EMPLOYEE ORIENTATION ................................................................................................. 5 ARTICLE 5 – GRIEVANCE PROCEDURE ................................ ................................ .................... 6
5.1 GRIEVANCE PROCEDURE ........................................................................................................... 6
5.2 PURPOSE ....................................................................................................................................... 6
5.3 DEFINITIONS .................................................................................................................................. 7
5.4 STEP ONE ...................................................................................................................................... 7
5.5 STEP TWO ...................................................................................................................................... 8
5.6 STEP THREE .................................................................................................................................. 8
5.7 ARBITRATION ................................................................................................................................ 8
5.8 WITNESSES ................................................................................................................................... 9 ARTICLE 6 – SALARY ADJUSTMENTS ................................ ................................ ........................ 9
6.1 SALARY RANGE ............................................................................................................................ 9
6.2 SALARIES ....................................................................................................................................... 9
6.3 SIGNING BONUS ........................................................................................................................... 9 ARTICLE 7 – SALARY ADMINISTRATION ................................ ................................ ................. 10
7.1 ORIGINAL APPOINTMENT COMPENSATION RATE ................................................................. 10
7.2 ADVANCEMENT IN RATE OF COMPENSATION ....................................................................... 10
7.3 EFFECT OF CLASSIFICATION CHANGE ON RATE OF COMPENSATION .............................. 12
7.4 EFFECT OF CHANGE OF SALARY RANGE UPON COMPENSATION ..................................... 12
7.5 RATE OF COMPENSATION UPON RETURN TO CITY SERVICE ............................................. 13
7.6 RATES HIGHER THAN TOP STEP (Y-RATE .............................................................................. 13
7.7 SALARY CONTINUATION FOR ABSENCES OF LESS THAN ONE WORK DAY ...................... 13
7.8 LONGEVITY PAY .......................................................................................................................... 13
7.9 SECTION 401(A) MONEY PURCHASE PLAN ............................................................................. 14
7.10 LIVING WAGE MEETING ............................................................................................................. 14 ARTICLE 8 – HEALTH AND WELFARE ................................ ................................ ...................... 14 iii
8.1 CONTRIBUTION TO FULL-TIME AND PART-TIME CAREER EMPLOYEES ............................. 14
8.2 CONTRIBUTION TO NON-CAREER EMPLOYEES .................................................................... 15
8.3 AMOUNT OF CONTRIBUTION .................................................................................................... 15
8.4 COVERED DEPENDENTS ........................................................................................................... 17
8.5 CASH-BACK LIMITS ..................................................................................................................... 17
8.6 LIFE INSURANCE ......................................................................................................................... 18
8.7 FLEXIBLE SPENDING ACCOUNTS ............................................................................................ 18
8.8 RETIREES OR SURVIVOR DEPENDENTS ................................................................................ 18 ARTICLE 9 – HOURS OF WORK ................................ ................................ ................................ 22
9.1 WORKDAY, WORKWEEK ............................................................................................................ 22
9.2 REST PERIODS ............................................................................................................................ 23
9.3 DISPATCHER SHIFT BIDS AND ASSIGNMENTS ...................................................................... 23 ARTICLE 10 – OVERTIME COMPENSATION ................................ ................................ ............. 23
10.1 OVERTIME/COMPENSATING TIME OFF (CTO) ........................................................................ 23
10.2 COURT OVERTIME ...................................................................................................................... 24 ARTICLE 11 – STANDBY ASSIGNMENTS AND NIGHT-SHIFT PREMIUM PAY ........................ 26
11.1 STANDBY ASSIGNMENTS .......................................................................................................... 26
11.2 NIGHT-SHIFT PREMIUM PAY ..................................................................................................... 26 ARTICLE 12 – LEAVES ................................ ................................ ................................ ............... 27
12.1 HOLIDAYS .................................................................................................................................... 27
12.2 VACATION .................................................................................................................................... 30
12.3 SICK LEAVE ................................................................................................................................. 32
12.4 COURT LEAVE ............................................................................................................................. 35
12.5 PARENTAL LEAVE ....................................................................................................................... 36
12.6 CATASTROPHIC LEAVE PLAN ................................................................................................... 37
12.7 PERSONAL TIME OFF (PTO) ...................................................................................................... 38
12.8 SUPERVISORY PERSONAL TIME OFF (PTO) ........................................................................... 39
12.9 FAMILY MEDICAL LEAVE ............................................................................................................ 39
12.10 STATE DISABILITY INSURANCE (SDI ........................................................................................ 39
12.11 BEREAVEMENT LEAVE .............................................................................................................. 40
12.12 PAID CITY LEAVE (PCL) .............................................................................................................. 40 ARTICLE 13 – SPECIAL ALLOWANCES ................................ ................................ .................... 41
13.1 TEMPORARY WORK IN A HIGHER CLASSIFICATION ............................................................. 41
13.2 TUITION REIMBURSEMENT ....................................................................................................... 41
13.3 FORENSIC IDENTIFICATION CERTIFICATE PROGRAM .......................................................... 41
13.4 SUPERVISING PLANT OPERATOR CERTIFICATE PAY ........................................................... 42
13.5 TOOL ALLOWANCE AND INSURANCE ...................................................................................... 42
13.6 PROFESSIONAL ENRICHMENT ................................................................................................. 42
13.7 REQUIRED LICENSES AND CERTIFICATIONS ......................................................................... 42
13.8 CONTINUING EDUCATION ......................................................................................................... 45
13.9 EDUCATIONAL INCENTIVE ........................................................................................................ 46
13.10 PLAYGROUND INSPECTOR INCENTIVE ................................................................................... 46
13.11 TECHNOLOGY ALLOWANCE ..................................................................................................... 46
13.12 BILINGUAL PAY ........................................................................................................................... 47
13.13 CERTIFICED ACCESS SPECIALIST (CASp) CERTIFICATION PAY ......................................... 47
13.14 INSTRUMENTATION SUPERVISOR INCENTIVE PAY .............................................................. 47
13.15 DRONE CERTIFICATION PAY .................................................................................................... 48 iv
ARTICLE 14 – TRANSPORTATION ................................ ................................ ............................ 48
14.1 GENERAL ..................................................................................................................................... 48
14.2 MILEAGE REIMBURSEMENT AND MONTHLY VEHICLE ALLOWANCE .................................. 48
14.3 TRANSPORTATION ..................................................................................................................... 49
14.4 COMMERCIAL DRIVER LICENSE REQUIREMENTS ................................................................. 49
14.5 DISCOUNTED PARKING RATES ................................................................................................ 50 ARTICLE 15 – LAYOFF ................................ ................................ ................................ ............... 50
15.1 PURPOSE ..................................................................................................................................... 50
15.2 DEFINITIONS ................................................................................................................................ 50
15.3 PROCEDURE ............................................................................................................................... 53
15.4 SALARY IN EVENT OF DOWNGRADE ....................................................................................... 55
15.5 FRINGE BENEFITS ...................................................................................................................... 55
15.6 RECALL ........................................................................................................................................ 56
15.7 GENERAL ..................................................................................................................................... 57 ARTICLE 16 – UNIFORMS AND COVERALLS ................................ ................................ ........... 58
16.1 UNIFORMS ................................................................................................................................... 58
16.2 FOUL WEATHER JACKET ........................................................................................................... 59
16.3 SUMMER WEAR ........................................................................................................................... 59
16.4 SENIOR ANIMAL CARE TECHNICIAN AND SENIOR ANIMAL CONTROL OFFICER .............. 59
16.5 SUPERVISING FORENSIC INVESTIGATORS ............................................................................ 60 ARTICLE 17 – SAFETY SHOES AND SAFETY GLASSES ................................ ......................... 61
17.1 SAFETY SHOES ........................................................................................................................... 61
17.2 SAFETY GLASSES ....................................................................................................................... 61 ARTICLE 18 – CLASSIFICATION AND PAY ................................ ................................ ............... 62
18.1 NEW OR REVISED JOB CLASSIFICATIONS ............................................................................. 62 ARTICLE 19 – DISCIPLINE ................................ ................................ ................................ ......... 62
19.1 LETTER OF REPRIMAND ............................................................................................................ 62
19.2 IN-LIEU DISCIPLINE..................................................................................................................... 63
19.3 DISCIPLINE TOLLING PERIOD ................................................................................................... 63
19.4 MEDIATION .................................................................................................................................. 63
19.5 DISCIPLINE APPEAL HEARING PROCEDURE .......................................................................... 63
19.6 DECISION ..................................................................................................................................... 64
19.7 WITHDRAWAL OF APPEAL ......................................................................................................... 64
19.8 DISCIPLINE AND DOCUMENTED COUNSELING RETENTION ................................................ 64 ARTICLE 20 – MISCELLANEOUS ................................ ................................ ............................... 65
20.1 CIVIL SERVICE RULES ............................................................................................................... 65
20.2 SELECTION OF VACANCIES ...................................................................................................... 65
20.3 PROMOTION FROM WITHIN ....................................................................................................... 66
20.4 CONSOLIDATION ......................................................................................................................... 66
20.5 DAMAGE TO PRESCRIPTION GLASSES ................................................................................... 66
20.6 REMOTE WORK ........................................................................................................................... 66
20.7 SAVINGS CLAUSE ....................................................................................................................... 66
20.8 NON-FAULT VEHICULAR ACCIDENTS ...................................................................................... 67
20.9 ZONAR OR OTHER GLOBAL POSITIONING SYSTEMS (GPS) AND VEHICLE STICKERS .... 67
20.10 CONTRACTING-OUT ................................................................................................................... 67
20.11 STRIKES AND LOCKOUTS ......................................................................................................... 67
20.12 BLOOD BANK TIME ..................................................................................................................... 67 v
20.13 TIME OFF FOR EXAMINATIONS ................................................................................................. 68
20.14 SUPERVISING DISPATCHERS USE OF FITNESS CENTER .................................................... 68
20.15 TRIAL PERIOD ............................................................................................................................. 69
20.16 PAYROLL ERRORS ..................................................................................................................... 69
20.17 PERS RETIREMENT PLAN AND CONTRIBUTION .................................................................... 70
20.18 EMPLOYEE PERFORMANCE EVALUATIONS ........................................................................... 71
20.19 DEFERRED COMPENSATION PLAN .......................................................................................... 71
20.20 URBAN FORESTRY ..................................................................................................................... 71
20.21 TERM ............................................................................................................................................ 71 EXHIBIT A – REGRESSION LADDERS ................................ ................................ ...................... 74 EXHIBIT B – USE OF FITNESS CENTER WAIVER OF LIABILITY ................................ ............. 79
1 PREAMBLE
This AGREEMENT, hereinafter referred to as the Agreement, entered into by and between the CITY OF SACRAMENTO, hereinafter referred to as the City, and the INTERNATIONAL UNION OF OPERATING ENGINEERS, STATIONARY LOCAL 39, AFL -CIO, hereinafter referred to as the Union, has as its purpose the promotion of harmonious labor relations between the City and the Union, establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, hours of work, and other conditions of employment.
ARTICLE 1 – RECOGNITION
1.1 RECOGNITION
a. The City hereby recognizes the Union as the exclusive bargaining agent for all employees in the General Supervisory Unit, as defined in the City's Employer-Employee Relations Policy, and agrees to meet and confer and otherwise deal exclusively with the Union on all matters relating to the scope of representation pertaining to the said employees as authorized by law. b. The Union will not object to the State Mediation and Conciliation Service or the American Arbitration Association conducting an election pursuant to the City's Employer-Employee Relations Policy.
ARTICLE 2 – SOLE AGREEMENT
2.1 SOLE AGREEMENT
a. This Agreement when signed by the parties hereto, and approved by the City Council, supersedes all other Agreements and supplements, and represents the sole agreement between the parties.
b. If during its term, the parties hereto should mutually agree to modify, amend , or alter the provisions of the Agreement in any respect, any such change shall be effective only if and when reduced to writing and executed by the authorized representative of the City and the Union. Any such changes validly made shall become a part of this Agreement and subject to its terms. c. The waiver of any breach or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all terms and conditions herein.
2 ARTICLE 3 – CITY RIGHTS
3.1 CITY RIGHTS
The City retains the exclusive right, subject to and in accordance with applicable laws, the City Charter, Civil Service Board Rules and Regulations, and the provisions of this Agreement, (a) to direct employees in the performance of their duties; (b) to hire, promote, transfer and assign employees; (c) to classify employees in accordance with applicable Charter, ordinance and Civil Service Board Rule provisions; (d) to discipline employees in accordance with applicable Rules; (e) to dismiss employees becau se of lack of work or for other reasonable cause; (f) to determine the mission of its Divisions and Departments, and its budget, organization, the number of employees, and the numbers, types, classifications and grades of positions or employees assigned to an organization unit, work project, shift, or tour of duty, and the methods and technology of performing its work; and (g) to take whatever action may be appropriate to carry out its mission in situations of emergency.
ARTICLE 4 – UNION RIGHTS
4.1 PAYROLL DEDUCTIONS
a. In addition to continuing existing payroll deductions for group insurance plans to which the City is or shall hereafter be a contracting party, the City agrees to establish payroll deductions for: (1) the normal and regular monthly Union membership dues , initiation fees, and assessments; and (2) the insurance premiums for plans sponsored by the City or the Union, not to exceed three (3) insurance deductions per member.
The City must approve any new payroll deductions for insurance premiums for plans to which the City is not the contracting party which are not being payroll deducted as of the effective date of this Agreement. b. All the above payroll deductions shall be subject to the following conditions:
(1) Such deductions shall be made pursuant to the terms and conditions set forth in using the dues authorization form agreed to by the City and the Union, and shall include:
• Employee full name
• Employee eCAPS ID number or the last four digits of their Social Security number
• Amount or percentage of monthly membership dues
3 • Additional Union-sponsored deductions (e.g., life insurance) • Any additional necessary information
(2) Any future changes or modifications to the authorization form shall be agreed upon between the City and the Union.
(3) The authorization form for deductions shall be completed and submitted by the Union to the Payroll Division, Department of Finance. (4) Such deductions shall be made only upon submission of the authorization form by the Union to the Payroll Division, Department of Finance.
(5) When changes in rates affect large groups of Union members, the Union may, in lieu of utilizing the dues authorization form, notify the Labor Relations Division, Department of Human Resources, by email of the new rate and clearly define the group(s) of Union members who are affected.
(6) The Union is responsible for submitting the dues authorization form to the Payroll Division, Department of Finance, any changes in the amounts to be payroll deducted from the paychecks of employees who have so authorized.
(7) Dues, deductions shall occur over twenty -four (24) pay periods per year, which shall be the first two (2) pay periods each month. (8) If for any reason an employee does not have sufficient funds due them to provide for payment of any of the above payroll deductions after all other authorized or mandatory deductions or garnishments have been made, if any, no such sums shall be payroll deducted and the Union shall assume the duty of direction collection from the employee. (9) Deductions and authorizations shall be separated by type of deductions ( e.g., Union membership dues, initiation fees, insurance premiums) and by payee.
(10) Unless notified in writing by the Union of an employee’s request to cancel their dues deductions, the City will continue to deduct union dues, and/or any additional deduction(s) noted. Notification of cancellation will be made utilizing the dues authorization form notating in the “Additional Information” or “Action” column that it is a membership cancellation.
4 (11) The City shall make the Union’s requested dues changes, enroll new members, and/or cancel existing membership as soon as practicable, not to exceed a period of thirty (30) calendar days following notification. (12) The City will remit to the Union a check for all of the deductions. (13) The Union shall maintain signed authorization forms by their members certifying that the dues and/or fee deduction(s) are authorized and shall provide said authorization forms to the City in the event of a dispute regarding the existence or terms of such authorization. (14) The Union shall indemnify, defend, and hold the City harmless against any claims made of any nature whatsoever, and against any suit instituted against the City arising from its deductions for dues, initiation fees, insurance, or other programs sponsored by the Union. (15) In the event there is a change in the law whereby any provision hereof becomes invalid or if for any reason any provision of this Section is rendered unlawful by any published appellate court decision, this Section shall be forthwith deemed amended to comply with the change or decision in question. Upon occurrence of such an event, the parties shall meet and confer as soon as practicable regarding the invalidated or amended provision(s).
(16) Employees recalled pursuant to Article 15 shall immediately be re- enrolled upon recall into the union dues deduction, or other payment that existed at the time of layoff, as appropriate.
4.2 BULLETIN BOARDS
a. In addition to providing the Union with a locked bulletin board at City Hall, space shall be provided on City property, at locations mutually agreed upon, for Union bulletin boards for the posting of the following types of notices:
(1) Union recreational and social activities
(2) Union steward elections
(3) Union appointments and results of Union elections
(4) Union meetings
b. Such other notices may be mutually agreed upon by the Union and the Department of Human Resources. Bulletin boards are for the sole purpose of such notices as are listed above. The board size shall be no larger than three (3) feet by four (4) feet.
5 4.3 LIST OF NEW EMPLOYEES
At least every thirty (30) days, the City shall provide the Union with a list of employees who are employed in the classifications represented by the bargaining unit.
To the extent it is known, information shall include: name; classification date; job title; department; work location; work, home, and personal cellular phone numbers; personal email address; and the home address of each employee.
4.4 STEWARDS
a. The City recognizes that the Union has established Stewards, who consist of career City employees represented by the Union. A current list of Stewards shall be made available to the Director of Human Resources, together with any changes thereto.
b. Stewards shall be designated in accordance with areas mutually agreed upon by the Union and the City. The Union will not exceed a ratio of one (1) Steward to every fifty-five (55) represented employees.
c. Stewards shall not conduct Union or representational activities on City time unless prior approval is expressly granted by City management.
4.5 USE OF CITY INFORMATION SYSTEMS
a. The Union shall have the right to reasonable use of the City's existing internal mail system for the limited purpose of communicating with employees who have been designated in writing by the Union as Stewards. The envelope for such mail shall contain the following information: Steward's name, Department, Division, and work location. The City shall not be held responsible for untimely or lost mail.
b. The Union may have reasonable use of the City's electronic mail ( Outlook) system (email) for the limited purpose of communicating with employees who have been designated in writing by the Union as stewards. Stewards may, with the advance approval of Department management, have reasonable use of City email to fulfill their role as a Steward.
c. Failure to comply with these requirements will result in withdrawal of the use of City information systems.
4.6 NEW EMPLOYEE ORIENTATION
a. Unless otherwise agreed in advance, Union Business Representatives, or their designees, shall be provided up to fifteen (15) minutes to attend the City’s regularly scheduled new -employee orientations so that they may provide information about the Union and the labor agreement.
6 The new-employee orientation schedule, and the reserved fifteen (15) minutes of time for the Union’s representative(s) to attend, shall be established by the City. The City shall make a reasonable effort to provide the Union with at least forty -eight (48) hour s’ notice of changes to the regular schedule.
b. The Union shall be permitted to have one (1) Union steward attend the new employee orientation so long as their absence from their assignment does not unduly disrupt the operation of the City and the steward obtains their supervisor’s authorization. The st eward shall be on City -paid Union release time for up to one (1) hour of regular time; overtime will not be paid for a steward to attend orientation.
The Union may have only one (1) steward on City -paid release time regardless of the unit they are in (i.e. Miscellaneous, Plant Operators, General Supervisors).
The City may terminate 4.6 (b) by providing written notice to the Union within thirty (30) calendar days of the expiration of this Agreement. c. Within ninety (90) calendar days of adoption of this Agreement by City Council, at the Union’s written request, the City and the Union agree to meet and discuss new-employee orientations. Absent agreement, the City’s current new-employee orientation process shall remain.
ARTICLE 5 – GRIEVANCE PROCEDURE
5.1 GRIEVANCE PROCEDURE
The City and the Union agree to implement the following grievance procedure:
No matter shall be considered as a grievance under this Article unless it is presented in writing within thirty (30) calendar days after occurrence of the events on which the grievance was based. With the consent of the City's third step representative , the thirty (30) day time limit for filing grievances may be extended.
5.2 PURPOSE
a. This grievance procedure shall be used to process and resolve grievances arising under this Agreement except to the extent that the City Charter vests jurisdiction elsewhere.
b. The purposes of this procedure are:
(1) to resolve grievances informally at the lowest possible level;
7 (2) to provide an orderly procedure for reviewing and resolving grievances promptly.
5.3 DEFINITIONS
a. A grievance is a good faith complaint of one (1) or a group of employees, or a dispute between the City and the Union involving the interpretation, application, or enforcement of the express terms of this Agreement. b. As used in this procedure, the term "supervisor" means the individual who assigns, reviews and directs the work of an employee.
c. As used in this procedure the term "party" means an employee, the Union, the City, or their authorized representatives.
d. The employee retains all rights conferred by Sections 3500 et. seq., of the Government Code or the Rules and Regulations of the Civil Service Board unless waived by such employee.
5.4 STEP ONE
An employee who believes they have cause for grievance may contact their supervisor alone. An employee who believes they have cause for grievance may contact their supervisor with their Steward. If after discussions with the supervisor, the employee does not feel the grievance has been properly adjusted, the grievance may be reduced to writing. The grievance statement shall include the following:
a. A statement of the grievance clearly indicating the question raised by the grievance and the article(s) and section(s) of this Agreement. b. The remedy or correction requested of the City.
c. The grievance form shall be signed by the grieving employee, the date and time of presentation affixed thereto, and signed as received by the employee's supervisor.
d. The grieving employee's Division Head or designee shall give their answer to the grievance in writing within fourteen (14) calendar days from the time they received the grievance in writing. The answer by the Division Head or designee shall include the following:
(1) a complete statement of the City's position and the facts upon which it is based;
(2) the remedy or correction which has been offered, if any.
8 5.5 STEP TWO
The appeal to the second step will be made within fourteen (14) calendar days after receipt of the City’s Step One Response . The hearing of the grievance will be held within fourteen (14) calendar days of the second step appeal. The Union representative and designated Departmental representative will meet in an effort to settle the matter. The City's answer will be made fourteen (14) calendar days after the hearing is held. The employee has fourteen (14) calendar days after receiving the City’s Step Two Response to determine whether or not to appeal the grievance to the third step.
5.6 STEP THREE
a. The Union's representative and the designated representative of the City will meet to hear grievance appealed to the third step.
b. Grievances of general nature pertaining to matters not normally decided by Shop or Unit supervisory personnel may be presented directly to the third step.
c. Grievances appealed to the third step of the grievance procedure shall be heard within fourteen (14) calendar days after the appeal to the third step of the grievance procedure.
d. A written answer will be made within fourteen (14) calendar days after the hearing, stating the City's position.
5.7 ARBITRATION
If the third step answer is not satisfactory, the Union may appeal the grievance to arbitration. The request for arbitration must be given in writing to the Labor Relations Manager by the Union within fourteen (14) calendar days from the date of the third step answer.
a. An arbitrator may be selected by mutual agreement between the Union representative and the Labor Relations Manager, or designee. b. Should the representatives fail to mutually agree on an arbitrator they shall make a joint request to the State Mediation and Conciliation Service for a list of five (5) qualified arbitrators. The parties shall alternate striking names from the list and the remaining person shall be accepted as the arbitrator. The first party to strike will be determined by the flip of a coin. c. It is understood that the arbitrator will only interpret this Agreement and will in no instance add to, delete from, or amend any part thereof. The arbitrator's decision shall be final and binding.
9 d. The fees of the arbitrator and the court reporter if used will be borne equally by the Union and the City.
e. Either party to this Agreement shall, upon receipt of a written grievance, have the right to refuse to handle such grievance if the aggrieved party has not followed the steps outlined in this Article for processing a grievance. f. If the City does not meet time limits, the Union may process the grievance to the next step of the grievance procedure. Time limits at each grievance step may be waived by mutual agreement of the parties.
g. The Union District Representative or designee shall have the authority to settle grievances for the Union or employees at the respective steps of the grievance procedure.
5.8 WITNESSES
The City agrees that employees shall not suffer loss of compensation for time spent as a witness at an arbitration hearing held pursuant hereto. The Union agrees that the number of witnesses requested to attend and their scheduling shall be reasonable.
ARTICLE 6 – SALARY ADJUSTMENTS
6.1 SALARY RANGE
a. The salary schedule shall consist of eight (8) steps with five percent (5.0%) between steps.
6.2 SALARIES
a. Effective September 23, 2023 , all salary steps shall be increased by six percent (6.0%).
This salary increase will be implemented within sixty (60) calendar days after the adoption of this Agreement by City Council. Only those employees who are on the payroll and who are employed in a classification covered by this Agreement on the date of implementation will receive t he increase retroactively.
b. Effective July 13, 2024, all salary steps shall be increased by four percent (4.0%).
6.3 SIGNING BONUS
Within sixty (60) calendar days after the adoption of this Agreement by the City Council, the City will pay employees a signing bonus of one thousand dollars
10 ($1,000.00), less normal and customary payroll deductions. Only those employees who are on payroll and who are employed in a classification covered by this Agreement on the date the payment is made will receive the signing bonus.
ARTICLE 7 – SALARY ADMINISTRATION
7.1 ORIGINAL APPOINTMENT COMPENSATION RATE
The rate of compensation upon original appointment shall normally be Step 1, as applicable. However, if the City Manager or designee finds that the appointee has extraordinary qualifications, or that a higher step is necessary in order to recruit, appointment at any step in the range may be made. This provision shall apply to original appointments to career positions and appointments to non-career positions.
7.2 ADVANCEMENT IN RATE OF COMPENSATION
a. Advancement in Steps
(1) Upon successful completion of twenty-six (26) weeks (1,040 hours) of service, an employee shall be advanced to the next higher step of the salary range of the classification. Employees who thereafter maintain a normally satisfactory level of performance shall be advanced automatically at fifty -two (52) week (2,080 hours) intervals to succeeding steps of the assigned salary range.
(2) Time spent on leave of absence without pay of ten (10) or less consecutive workdays shall not affect the step increase eligibility date.
For such leaves in excess of ten (10) consecutive working days, all leave time shall not count toward step increases.
(3) An employee who has completed the required probationary period in their current classification and who is at a salary step lower than top step may be advanced to any higher step in the salary range for that classification at any time. Such step advancement under this provision shall not be subject to the grievance procedure and shall be at the sole discretion of the Department Head.
(4) This Section shall not apply to non-career employees. b. Denial of Step Increase and Reduction in-Grade
Employees who do not maintain a satisfactory level of performance may be denied advancement, and may be reduced within grade upon approval of the appointing authority. Employees in the civil service who are denied advancement, or who are reduced in -grade, shall have the right to appeal to
11 the Civil Service Board in accordance with its Rules and Regulations. (This subsection shall not apply to non-career employees.)
c. Effective Date of Step Increases/Payroll Changes
All payroll changes shall be effective on the first day of the bi -weekly pay period following the date the employee became eligible for a pay increase, which bi -weekly pay period shall begin at 12:01 a.m. Saturday of the first week, and end at 12:00 midnight on the Friday of the second week. d. Effective Date of Salary Step Increase Upon Extension of Probationary Period (1) If the probationary period is extended due to light duty, sick leave, or injury-on-duty time, the salary step increase will be delayed for the period of the extension. However, the probationary period shall only be extended if the time exceeds thirty (30) consecutive calendar days. (2) For an employee in a classification with a six (6) month probationary period who successfully completes the extended probationary period, the period of the extension shall be included in determining the eligibility date for the salary step increase. For example, an employee is appointed on January 4, 1986, and works in the regular assignment until April 11, 1986. On April 12, 1986, the employee is on injury -on- duty time until July 4, 1986 , and returns to the regular assignment on July 5, 1986. The employee successfully completes the probationary period on September 26, 1986. The effective date on the salary step increase is July 5, 1986 , because the period April 12, 1986 , to July 4, 1986, is included in determining the salary step eligibility date. (3) When the probationary period is extended for an employee in a classification with a twelve (12) month probationary period who has successfully completed less than twenty-six (26) weeks of service, the employee shall be eligible for a salary step increase u pon successful completion of twenty-six (26) weeks of service, excluding the period of the extension. The period of the extension, however, shall be included in determining the eligibility date for the salary step increase. The effective date of the salary step increase is determined in accordance with the example given above.
(4) When the probationary period is extended for an employee in a classification with a twelve (12) month probationary period who has successfully completed more than twenty-six (26) weeks of service and who successfully completes the extended probationary per iod, the period of the extension shall be included in determining the eligibility date for the next salary step increase. The effective date of the salary step increase is determined in accordance with the example given
12 above, except fifty -two (52) weeks is required rather than twenty -six (26) weeks.
(5) If a probationary period is extended due to an unpaid leave of absence, the period of such extension is excluded in determining the eligibility date for a salary step increase.
7.3 EFFECT OF CLASSIFICATION CHANGE ON RATE OF COMPENSATION a. Movement to a Higher Classification
When an employee moves from one classification to another which has a higher salary, through examination, appointment to an exempt position, temporary appointment in the absence of an eligible list, or reallocation, the employee shall receive an increase at least equal to a full in-grade salary step (5.0%) or Step 1, as applicable, of the higher classification, whichever is greater, but not to exceed the maximum rate of the higher classification.
When an employee is promoted into the General Supervisory Unit, the employee shall be placed at the step that would result in a five percent (5.0%) increase in pay from the prior position, inclusive of any incentives that the employee will lose as a result of the promotion, but not to exceed the maximum rate of the higher classification.
b. Movement to Another Position in the Same Classification or to a Classification with the Same Salary Range
When an employee moves to another position in the same classification or to another classification with the same salary range, the employee shall maintain the same salary and same anniversary date.
c. Movement to a Lower Classification
When an employee ’s position is reallocated to a classification with a lower salary range, the employee shall suffer no reduction in salary, and the Y-rate provisions of this Agreement shall apply. The salary of an employee who voluntarily demotes shall be that salary step nearest but does not exceed such salary paid in the previous classification.
7.4 EFFECT OF CHANGE OF SALARY RANGE UPON COMPENSATION
Whenever the salary range of a classification is adjusted upward, the salary rate of each employee in the classification shall be adjusted to the step in the new range which corresponds to the step received in the former range, and the employee shall retain the current anniversary date for further increases within the new range.
13 7.5 RATE OF COMPENSATION UPON RETURN TO CITY SERVICE a. An employee recalled after layoff, reinstated after a leave of absence, or reemployed in the same classification after resignation shall return to the same salary step paid and shall be credited with the duration of time spent in their salary step paid at the time of departure. The period of time separated from City service shall not be included in the calculation of the anniversary date for future in-grade salary adjustments.
b. If the employee is reemployed after resignation to a classification lower than that in which last employed, the employee may receive any step, but not to exceed the salary of the classification in which last employed. If that step is other than the maximum step of the salary range, the anniversary date for subsequent in-grade adjustments shall be twelve (12) months from the date of reemployment and each year thereafter until the maximum step of the salary range is reached.
7.6 RATES HIGHER THAN TOP STEP (Y-RATE
Whenever the salary of an employee exceeds top step of the salary range established for a classification, such salary shall be designated as a “Y-rate”. During such time as an employee ’s salary remains above the top step, the employee shall not receive further salary increases, except that upon promotion to a higher classification, the employee shall immediately advance to the step of the range of the higher classification next above the “Y-rate”, and be eligible for advancement to succeeding steps in the range as outlined in this Agreement. In the event an employee is “Y-rated” below top step, the employee shall be permitted to advance to the maximum step of the original range.
7.7 SALARY CONTINUATION FOR ABSENCES OF LESS THAN ONE WORK DAY A salaried employee exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act who works for only a portion of the day shall not have their salary reduced that day due to insufficient accrued, usable leave.
7.8 LONGEVITY PAY
Employee eligibility for longevity pay as provided in Section 108 of the City Charter shall be determined by an employee’s City Service Seniority as defined in Article 15, Layoff, Section 15.2(b)(2). The amount to be paid annually on the second check in July after twenty (20) years of City service shall be one hundred dollars ($100 .00), and after twenty -five (25) years of City service, an additional two hundred dollars ($200.00), for a total of three hundred dollars ($300 .00). The parties acknowledge that Longevity Pay is provided in the City Charter and not through this Agreement.
In the e vent that changes are made to the City Charter, those changes shall supersede the provision of this Agreement regarding Longevity Pay.
14 Longevity Pay as provided in the Section shall be reported to CalPERS in a manner consistent with CalPERS rules for reporting special compensation, as amended. The specific language of this proposal is subject to change based on review by CalPERS.
7.9 SECTION 401(A) MONEY PURCHASE PLAN
An IRS Section 401(a) Plan shall be available to supervisors and effective November 15, 2014, participation shall be mandatory. The City will contribute two percent (2.0%) of salary and the employee shall contribute two percent (2 .0%) of salary to the 401(a) Plan.
7.10 LIVING WAGE MEETING
Within ninety (90) calendar days of adoption of this Agreement by City Council, at the writte n request of the Union, the parties agree to meet and discuss the recruitment and retention challenges facing the City’s lowest wage classifications represented by Local 39. Any change shall require mutual agreement between the parties.
ARTICLE 8 – HEALTH AND WELFARE
8.1 CONTRIBUTION TO FULL-TIME AND PART-TIME CAREER EMPLOYEES a. The City shall administer a Cafeteria Plan (Plan) for employees consistent with Section 125 of the Internal Revenue Code. The details of Plan eligibility and operational requirements are set forth in Plan documents. The City shall make contributions (City dollars) as defined below. One -half (1/2) of the City contributions will be made to eligible employees on the first two (2) paychecks (Eligible Paycheck) in each month for insurance coverage the first and second halves of that month, respectively.
b. Eligible employees shall receive a City contribution for each Eligible Paycheck on which the employee is paid for forty (40) or more hours. Employees who are paid less than forty (40) hours on an Eligible Paycheck may continue elected coverage limited to the City's medical, dental, and vision plans for up to six (6) months or the period of time permitted by Consolidated Omnibus Budget Reconciliation Act (COBRA), whichever is greater , by personal remittance or other arrangement for payment of the full premiu ms of any insurance elected to be continued.
c. The amount of City contribution for each of the first two (2) paychecks of each months shall be based on the number of hours for which the employee was paid in that bi-weekly pay period: 64 or more hours = 100% contribution; 40 -
63.9 hours paid = 50% contribution.
15 d. Notwithstanding Sections 8.1(b) and 8.1(c) above, eligible employees shall continue to receive a City contribution for each Eligible Paycheck during: (1) an approved leave of absence, if required by state and federal law; or (2) while suspended from service without pay.
e. All terms and conditions of medical, dental, vision, disability, and basic life insurance sponsored by the City will be as outlined in certificates of coverage and related insurance contracts.
8.2 CONTRIBUTION TO NON-CAREER EMPLOYEES
a. The City shall contribute City dollars as provided below, on either a 100% or 50% basis, for non -career (+1,040) employees. Except as provided herein, the City contribution shall be applied toward the premiums for City-sponsored medical, dental, and vision insurance plans for eligible employees and qualified dependents, if any. The amount of City contribution for each of the first two (2) paychecks of each month shall be based on the number of hours for which the employee was paid in that bi -weekly pay period: 64 or more hours paid = 100% contribution; 40-63.9 hours paid = 50% contribution. b. To be eligible for the City contribution under this Section, the non -career employee must be paid for a minimum of forty (40) hours of work on each paycheck. If the employee fails to be paid for the minimum forty (40) hours necessary to receive the City contribution, the City shall deduct from the employee's first two (2) paychecks each month the amount needed to pay for the insurance plans which the employee has selected. If this deduction from the employee's first two (2) paychecks each month cannot be ma de in its entirety, it is the responsibility of the individual employee to pay for the remaining amount. Failure to do so before the end of the calendar month including such paycheck(s) shall automatically drop the employee from the City-sponsored insurance program until the next open enrollment period.
8.3 AMOUNT OF CONTRIBUTION
a. Employees Enrolled in an Account-Based Health Plan (ABHP) (1) The ABHP is a combination of a High Deductible Health Plan (HDHP) and a Health Savings Account (HSA).
(2) Employees enrolled in an ABHP shall receive the same City contributions as specified in Section 8.3(b), below. To the extent the premium for the ABHP is less than the City contributions outlined in Section 8.3(b), below, any excess City contribution shall be credited to the employee’s HSA to the extent allowed by law.
16 b. City Contributions
(1) Effective the pay period beginning December 18, 2021, for full -time employees enrolled in a City -sponsored medical plan for employee only, the City contribution shall be $838.00 per month.
Effective December 30, 2023, for full-time employees enrolled in a City- sponsored medical plan for employee only, the Cit y contribution shall be $955.00 per month.
(2) Effective the pay period beginning December 18, 2021, for full -time employees enrolled in a City -sponsored medical plan for employee plus one (1) dependent, the City contribution shall be $1,333.00 per month.
Effective December 30, 2023, for full-time employees enrolled in a City- sponsored medical plan for employee plus one (1) dependent, the City contribution shall be $1,520.00 per month.
(3) Effective the pay period beginning December 18, 2021, for full -time employees enrolled in a City -sponsored medical plan for employee plus two (2) or more dependents, the City contribution shall be $1,777.00 per month.
Effective December 30, 2023, for full-time employees enrolled in a City- sponsored medical plan for employee plus two (2) or more dependents, the City contribution shall be $2,026.00 per month.
(4) Full-time employees not enrolled in a City-sponsored medical plan shall receive up to $747 .00 per month to purchase City -sponsored dental and vision coverage.
c. Part-time employees shall be prorated as indicated in 8.1(c). d. Effective the first paycheck of 2025 , for plan year 2025, the City shall contribute fifty percent (50%) of the first fifty dollars ($50 .00) of premium increases, up to a total City dollar maximum contribution of twenty-five dollars ($25.00) per month, toward the cumulative total increase in premiums, from plan year 2024 to plan year 2025, of the benchmarked twenty-five dollar ($25.00) Kaiser HMO, Delta Dental PPO, and VSP basic vision plans. The employee shall be responsible for any premium increase(s) which exceed this amount.
e. If all City bargaining units agree to the change, employees who are eligible to receive the City contribution who do not provide proof of other group medical coverage or do not enroll in City medical coverage within thirty (30) calendar days of being eligible for the City’s contribution shall be enrolled in the lowest
17 cost ABHP medical plan for employee only coverage. If all City bargaining units do not agree to the change, the City will continue to enroll such employees in the lowest cost traditional HMO medical plan for employee only coverage.
f. Employees shall not receive any unused portion of the City contribution as cash.
8.4 COVERED DEPENDENTS
a. An employee who has a domestic partner, and has a notarized City-provided affidavit as of January 23, 2018 , may cover the domestic partner under the employee’s City -sponsored health plan. The employee will pay for the premium difference for the domestic partner coverage as an out -of-pocket employee cost. There shall be no new enrollees in this program, however, an employee promoting into this Unit who has a domestic partner covered by this Section in another bargaining unit agreement shall remain eligible for this benefit.
b. The following eligible dependents qualify to be enrolled on a City medical, dental, or vision plan: lawfully married spouse or registered domestic partner; children up to age 26 who are an employee’s natural child, stepchild, adopted child, or the natural or adopted child of an employee’s spouse or registered domestic partner; children up to age 26 who are placed under the legal guardianship of an employee, the employee’s spouse, or employee’s registered domestic partner; children up to the age of 26 in which the City has received notice of a Qualified Domestic Relations Order of required coverage; and disabled unmarried children over the age of 26 who reside with the employee. The definition of a dependent child for the purposes of medical insurance shall a lso be in accordance with the Patient Protection and Affordable Care Act.
c. An employee covered as a dependent of another City employee may not enroll in a City medical plan but may enroll in a City dental or vision plan.
8.5 CASH-BACK LIMITS
a. The cash-back of City dollars shall be limited to $200.00 per month for career employees who have waived City-sponsored medical insurance continuously since June 29, 2012 . Part-time employees shall be prorated as indicated in
8.1(c).
b. New employees or employees who were not receiving the cash -back as of June 29, 2012, shall not be eligible for any cash-back.
18 c. Employees transferring to classifications covered by this Agreement who are receiving cash-back at the time of transfer may maintain the cash-back option as long as they continuously waive City-sponsored medical insurance.
8.6 LIFE INSURANCE
The City provides basic life insurance in an amount of $35,000 .00 to each eligible career employee at no charge . Employees may purchase , at their expense, additional City-sponsored term life insurance in an amount not to exceed $15,000.00.
Employees may also purchase, at their expense, supplemental life insurance at an amount of up to three (3) times their annual salary, subject to limitations specified by the insurance carrier.
8.7 FLEXIBLE SPENDING ACCOUNTS
The City shall offer the following Flexible Spending Accounts (FSA) as permitted by Internal Revenue Service Regulations:
a. Out-of-pocket costs for City -sponsored health, dental, and vision insurance plans;
b. Unreimbursed health care expenses; and
c. Dependent care reimbursement.
d. The City shall provide a summary of IRS rules on flexible spending limits during each open enrollment to the employees and to the Union.
8.8 RETIREES OR SURVIVOR DEPENDENTS
Eligible City retirees or survivor dependents shall receive City retiree insurance contributions for medical, dental, and vision insurance benefits under the following provisions:
a. The maximum City contribution towards the purchase of medical, dental, or vision insurance for retirees is $300.00 per month for the retiree. A retiree with one (1) or more dependent(s) enrolled on the retiree’s medical plan shall receive an additional sixty-five ( $65.00) per month, for a total maximum monthly contribution of $365.00. Retirees shall not receive any unused portion of the City contribution as cash.
b. Employees Retiring on or After July 1, 1992
(1) Except as provided below, to be eligible for the City’s retiree insurance contribution, the employee must retire from active service with a
19 minimum of ten (10) full years of City service for a service or ordinary disability retirement, and be minimum age fifty (50).
(2) Employees retiring with thirty (30) or more years of City service shall be eligible for the City's retiree insurance contribution effective with the date of retirement without regard to age.
(3) The City's retiree insurance contribution shall be as follows:
(a) Employees with a minimum ten (10) full years of City service but less than fifteen (15) full years of City service shall be eligible to a maximum of fifty percent (50%) of the City's maximum retiree insurance contribution identified in subsection 8.8(a) above. (b) Employees with a minimum fifteen (15) full years of City service but less than twenty (20) full years of City service shall be eligible to a maximum of seventy-five percent (75%) of the City's maximum retiree insurance contribution identified in subsection
8.8(a) above.
(c) Employees with a minimum of twenty (20) full years of City service shall be eligible for up to one hundred percent (100%) of the City's maximum retiree insurance contribution identified in subsection 8.8(a) above.
(4) There shall be no City retiree insurance contribution for retirees with less than ten (10) full years of City service.
(5) An employee who does not retire from the Sacramento City Employee Retirement System (SCERS) or the California Public Employee Retirement System (CalPERS) within one -hundred twenty (120) days from the date of separation from City service shall not be eligible for the City’s retiree insurance contribution and may not enroll in a City medical, dental, or vision plan.
c. Persons in Deferred Retirement Status as of January 1, 1991 Employees who have elected a deferred retirement prior to January 1, 1991, and who then elect to retire on or after July 1, 1992 , and before January 23, 2018, shall be eligible for the City's retiree insurance contribution as follows:
(1) A retiree with at least ten (10) full years of City service shall be eligible for fifty percent (50%) of the City's retiree insurance contribution as identified in subsection 8.8(a) above.
20 (2) A retiree with twenty (20) full years or more of City service shall be eligible for one hundred percent (100%) of the City's retiree insurance contribution as identified in subsection 8.8(a) above.
(3) Retirees must be at least 50 years of age.
(4) There is no eligibility to such health insurance contribution or dental benefit for retirees with less than ten (10) full years of City service or who have not attained the age minimum specified in subsection 8.8(b) above.
d. Pre-Medicare Eligible Retirees
Retirees who are not eligible for Medicare benefits may elect to participate in a City -sponsored medical plan or purchase an individual medical plan. A retiree who elects to purchase a medical plan not sponsored by the City shall be eligible to reenroll in a City -sponsored medical plan within two (2) consecutive plan years of waiving City coverage.
e. Retiree Insurance Contribution Exclusion
Retirees who participate in another group medical plan as an employee or dependent shall not be eligible for the City contribution as provided in subsection 8.8(a) above.
f. Industrial Disability or Death in Line of Duty Survivors Retirees who receive industrial disability pensions or death in -line-of-duty survivors shall be entitled to one hundred percent (100%) of the City -retiree insurance contribution for retirees regardless of years of service. g. Survivor Dependents Benefits
Survivor dependents of eligible retirees shall continue to receive the retiree insurance contribution of up to $300.00 for the survivor only or up to $365.00 for the survivor and an eligible dependent.
“Eligible dependent,” as used in this Section, is defined as a dependent who was eligible to be enrolled on the retiree’s benefit plan at the time of the retiree’s death.
h. Medicare Supplement
In order to maintain eligibility for the City retiree insurance contribution, each eligible retiree and dependent shall enroll in Medicare Parts A and B immediately after becoming eligible for such benefits.
21 i. Limitation Clause
No employee or retiree shall have any rights provided by Section 8.8 (Retirees or Survivor Dependents) after September 19, 2025.
j. Elimination of Retiree or Survivors Dependents Benefits for Employees Hired After June 30, 2012
Unless required by law, no employee hired, reemployed, or rehired on or after June 30, 2012, shall be eligible for any of the benefits provided in Section 8.8 (Retirees or Survivor Dependents) . Employees being recalled from layoff, reinstated consistent with the Rules and Regulations of the Civil Service Board, Rule 10.6, or transferring to classifications covered by this Agreement after June 30, 2012, shall be eligible for the benefits provided by Section 8.8 only if the transferring employee was eligible for retiree or survivor dependent benefits at the time of layoff, reinstatement, or transfer. k. Resuming Retiree or Survivor Dependents Benefits for Eligible Personnel Who Unretire from City Service and Subsequently Re-Retire from City Service On/After September 23, 2023
Individuals retired from classifications repres ented by the Union who are eligible for retiree or survivor dependents benefits under Section 8.8 shall have these benefits suspended if the y elect to unretire and return to active employment with the City of Sacramento.
Notwithstanding Section 8.8(j), upon re-retirement from a classification represented by the Union, retirees who were eligible for retiree or survivor dependents benefits under Section 8.8 at the time of their first retirement, shall receive the City contribution to which they were entit led upon their original retirement date. Years of service during the employee’s return to active employment will not be used to determine any employee’s entitlement to the City’s retiree insurance contribution under Section 8.8.
Example: An employee retires from a classification represented by the Union with fifteen (15) years of City service. The employee is eligible for 75% of the City’s retiree insurance contribution. The individual unretires and works in a Union represented
classification for another ten (10) years. When the employee re- retires, the employee is only eligible for the fifteen (15) year contribution amount, irrespective of any additional years of service worked for the City.
22 ARTICLE 9 – HOURS OF WORK
9.1 WORKDAY, WORKWEEK
a. The workweek for employees covered by this Agreement shall begin at 12:01 a.m. Saturday, and end at 12:00 midnight the following Friday. The employees' workweek shall consist of forty (40) working hours during the said seven (7) day period.
b. The City may establish a workweek schedule consisting of forty (40) hours in increments of four (4), ten (10) hour workdays ; five (5), eight (8) hour workdays; or a 9-80 workweek schedule consisting of four (4), nine (9) hour workdays, four (4), nine (9) hour workdays, and one (1), eight (8) hour workday during an eighty (80) hour bi -weekly period. The City shall discuss with the Union thirty (30) days in advance of implementation of the four ten (10) workweek or 9 -80 workweek schedule. Every effort will be made to schedule such workdays consecutively and avoid back -to-back workweeks, unless a separate written workweek agreement is entered into by the City and the Union.
c. All employees covered by this Agreement, except those employees on a straight eight (8) hour workday, shall be allowed a lunch period, to be used as the employee desires within accepted standards, of not less than thirty (30) minutes nor more than one (1) hour which may be scheduled generally in the middle of the work shift. If an employee is required to work during their lunch period, and if no alternate lunch period is taken, at the approval of the employee's supervisor said time shall be compensated at the overtime rate of one and one-half (1 ½) times the employee’s regular rate of pay if the hours worked exceed that of their scheduled work shift.
d. Employees shall be given at least ten (10) workdays' notice prior to a permanent change in their assigned hours of work. The notice requirement shall not apply to emergency assignments or changes as a result of absences by other employees. If an employee's shift or days off are changed without the above notification, they shall be paid one and one-half (1 ½) times their regular rate of pay for all hours worked on the first day of the new shift. e. Employees may voluntarily, and with the mutual agreement of their Department Head, or designee, flex their shift(s) to meet the needs of the operation. These voluntary shift changes shall not require the payment of overtime; however, the City shall not change an employee’s shift involuntarily to avoid the payment of overtime. This provision may be cancelled by either party with thirty (30) days’ written notice.
23 9.2 REST PERIODS
a. Each employee covered by this Agreement will be afforded rest periods.
These rest periods will be as currently administered by their respective departments.
b. The length of the rest periods will be fifteen (15) minutes during the first half of an employee's work shift, and fifteen (15) minutes during the last half of an employee's work shift, unless the City and Union agree otherwise in writing. c. The City shall notify employees or post in each work location a policy statement regarding when rest periods shall be taken. In the event it is deemed necessary to change an established rest period within a work organization, notification will be given to the Union prior to implementing such change.
9.3 DISPATCHER SHIFT BIDS AND ASSIGNMENTS
a. Career employees in the classification of Supervising Dispatcher who have completed their probationary period shall be permitted to annually bid for work shift preference based on classification seniority; however, administrative positions shall be filled by management.
b. Shift bid sign-ups will take effect within police dispatch.
ARTICLE 10 – OVERTIME COMPENSATION
10.1 OVERTIME/COMPENSATING TIME OFF (CTO)
a. Employees who are required to work in excess of their regularly scheduled shift, which is forty (40) hours per workweek, shall be compensated for such work time at one and one-half (1-1/2) times their regular rate of pay. With the exception of sick leave, a ll paid time shall count as time worked for the purposes of calculating overtime eligibility.
b. Part-time employees or employees who are regularly scheduled to work fewer than forty (40) hours per workweek, are eligible for overtime compensation at one and one-half (1.5) times their regular rate of pay when they work in excess of forty (40) hours in a workweek. With the exception of sick leave, all paid time shall count as time worked for the purpose of calculating overtime eligibility.
c. Scheduled overtime is work required to be performed outside of the employee’s regular shift with twenty -four (24) hours’ notice or more. If an employee is entitled to overtime compensation pursuant to Article 10.1 (a) or
10.1(b), scheduled overtime shall be compensated for a minimum of one (1)
24 hour at the overtime rate for days which are included in the employee’s regular shift, and two (2) hours at the overtime rate for days on which the employee is not otherwise regularly scheduled to work.
d. Overtime compensation shall be paid by cash payment . In lieu of cash payment, Compensating Time Off (CTO) may be earned by mutual agreement between the employee and the appointing authority or designee. The scheduling of CTO use must be approved in advance by the appointing authority or designee.
e. Employees may accrue up to one hundred sixty (160) hours of CTO. The City may cash out CTO hours accumulated in excess of eighty (80) hours at any time provided that the use of such time off has not been previously approved. f. The City shall not adjust a regular workweek schedule during said workweek to avoid payment of overtime.
g. Out-of-class incentive and/or night shift differential shall be included when calculating an employee’s overtime rate of pay for all actual hours worked in said assignment.
h. Cash-back provided to employees who opt -out of City sponsored medical insurance as provided in Section 8.5 (Cash-Back Limits), shall not be included in the employee’s regular rate of pay when determining such rate for contract overtime.
10.2 COURT OVERTIME
a. Court Overtime
(1) This Section applies when an employee is subpoenaed to appear in the litigation of a public offense in their capacity as an employee of the City of Sacramento. For the purposes of this Section "subpoenaed to appear" shall be defined as being served with a subpoena in California Penal Code Sections 1326 through 1332, or a "subpoena request form" used by the Sacramento Police Department.
(2) When an employee is subpoenaed to appear in court and is not scheduled to be on duty, during the time of their appearance, upon reporting to the court the employee will receive a minimum of four (4) hours pay at time and one -half the employee’s base rate of pay, plus applicable incentives , or the actual amount of time spent in court, whichever is greater.
(3) When such court appearance on off -duty time requires the employee to be in attendance before and after the lunch recess, such lunch time will be included in determining the employee's court overtime pay.
25 (4) When an employee works a graveyard shift that ends at or after 7:00 a.m., and is required to make a morning court appearance on the same day, the employee shall receive court overtime pay at time and one - half the employee’s base rate of pay, plus applicabl e incentives, beginning at the end of the employee’s shift. The employee shall use the time to the maximum extent possible to travel to and prepare for the court appearance.
(5) When the employee's court appearance is scheduled within two (2) hours prior to the beginning of the employee's work hours, the employee will be compensated at the rate of time and one -half the employee’s base rate of pay, plus applicable incentives, for a minimum of two (2) hours for such court appearance.
(6) When an employee is on vacation more than two hundred (200) miles from Sacramento and the vacation is interrupted by a court appearance, the employee shall be paid a minimum of four (4) hours pay at the rate of double time for such court appearance, and sh all be given an additional vacation day for each day at court appearance and travel time, if such travel time is at least one full day. (Travel time is defined as seven (7) hours.) However, for an employee to be eligible for compensation under this subsect ion the employee must, upon receiving the subpoena, notify both their immediate supervisor and the Court Liaison Office of the scheduled vacation/court appearance conflict.
b. Telephone Standby Time
(1) When an employee is placed on telephone standby by the District Attorney, or the judge of the court, the employee is required, at no cost to the City, to notify the Court Liaison Office, and the employee's immediate supervisor, of the court order. If the standby requirement has been confirmed by the Department, the employee will be compensated at the rate of one and one-half (1-1/2) times their regular rate of pay for only those hours that the court is actually in session. (2) There shall be no telephone overtime for an employee merely answering their personal telephone.
(3) This Section does not preclude the employee from contacting the court, District Attorney, their office, or the Court Liaison Office at their own discretion. However, these calls will not be compensated. c. Cancellation of Appearances
Notice of cancellation will be given to employees three (3) hours prior to court or at the end of last shift prior to court. In the event that such notice is given
26 within the three (3) hours, employees will receive two (2) hours of overtime at the rate of time and one-half. Notification to employees prior to three (3) hours will eliminate overtime compensation.
ARTICLE 11 – STANDBY ASSIGNMENTS AND NIGHT-SHIFT PREMIUM PAY
11.1 STANDBY ASSIGNMENTS
a. An employee who is required to remain on standby for emergency work shall be paid $280 per week, or the daily pro rata rate of $40.00, in addition to their regular compensation. Employees who are called out while on standby shall receive two (2) hours minimum pay at their regular rate of pay, or, consistent with Article 10.1, one and one-half (1 ½) times their regular rate of pay for all hours worked, whichever is greater. Non-career employees shall not be on standby for emergency work. Any employee who is on standby New Year's Day, Christmas Day, Thanksgiving Day or the 4th of July shall receive twelve (12) hours holiday credit.
b. Employees who are issued a City cell phone, laptop and/or pager are not on standby unless assigned by the appointing authority.
c. With the exception of sick leave, employees may use any type of authorized leave, including, but not limited to, vacation; CTO; holiday credit; etc., during their standby assignment, so long as they remain available for their standby assignment. An employee utilizing sick leave who is unable to work due to a personal illness, shall not receive standby pay for the day(s) out sick.
Employees who fall ill after hours while they are on standby, shall notify the Standby Supervisor who will find a replacement for the day(s) the employee is out sick. The standby assignment may resume when the employee returns to work.
11.2 NIGHT-SHIFT PREMIUM PAY
a. Employees covered by this Agreement who work five-eighths (5/8) or more of their regular shift in the period extending from 6:00 p.m. to 6:00 a.m., shall be compensated therefore, by payment for the entire shift of an additional five percent (5%) of their base pay for that shift. Said employees who work less than five-eighths (5/8) of their regular work shift in the period extending from 6:00 p.m. to 6:00 a.m., shall be compensated for those hours worked (to the nearest one -half hour) within this period by payment of an additional five percent (5%) of their base pay for such hours.
b. An employee shall not receive night -shift premium pay when on vacation or other authorized leave of absence with pay.
27 ARTICLE 12 – LEAVES
12.1 HOLIDAYS
a. The following shall be the recognized holidays under this Agreement:
Holiday Date
New Year's Day January 1
Martin Luther King's Birthday Third Monday in January
Washington's Birthday Third Monday in February
Cesar Chavez's Birthday March 31
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Day Friday after Thanksgiving
Christmas Eve (4 hours) December 24
Christmas Day December 25
New Year's Eve (4 hours) December 31
b. Eligibility
To be eligible for holiday pay, the employee shall work the last scheduled workday before and after the recognized holiday. Paid time on vacation, sick leave or CTO shall be considered hours worked for the purpose of holiday pay eligibility. An employee absent due to a disciplinary suspension shall not be considered to have missed a scheduled workday for the purpose of holiday pay eligibility.
c. Monday-Friday Schedule
If an employee's scheduled days off are Saturday and Sunday during a standard City workweek in which a recognized holiday falls, the following shall apply:
(1) If the recognized holiday falls on a Saturday, the preceding Friday shall be considered the employee's holiday.
(2) If the recognized holiday falls on a Sunday, the following Monday shall be considered the employee's holiday.
(3) An employee who is scheduled to work on a recognized holiday shall receive holiday pay plus time and one -half compensation for working the holiday.
28 d. Weekend Schedule
If an employee's scheduled days off are other than Saturday and Sunday during the standard City workweek in which a recognized holiday falls, the following shall apply:
(1) The actual dates as listed above shall be considered as the employee's holiday.
(2) If the recognized holiday falls on the employee's scheduled day off, the employee shall accrue holiday credit for the hours of the holiday benefit.
(3) An employee who is regularly scheduled to work on a recognized holiday shall receive holiday pay plus time and one-half compensation for working the holiday.
e. Alternate Monday-Friday Schedules
(1) For employees who work a Monday through Friday 9/80 or 4/10 schedule, if the recognized holiday falls on the employee's scheduled day off, the employee shall accrue holiday credit for the hours of the holiday benefit, up to a maximum of eight (8) hours.
(2) An employee who is scheduled to work on a recognized holiday shall receive holiday pay plus time and one -half compensation for working the holiday.
f. Holiday Benefit for Employees in Classifications Which Accrue Holiday Time (1) The number of recognized holiday hours for full-time career employees in a classification designated to accrue holiday time shall be one hundred and twelve (112) hours per calendar year which shall accrue at four (4) hours, forty (40) minutes on each of the first two (2) paychecks each month.
(2) The following classifications shall accrue holiday credit:
Supervising Property Assistant
Supervising Dispatcher
Parking Lot Supervisor
Senior Parking Lot Supervisor
(3) At the option of the City, the employee shall either be given one day off with pay for accrued holiday credit on a one -day for one-day basis, or in lieu thereof shall have their pay adjusted on the basis of an additional four (4) hours pay per eight (8) hours of holiday credit.
29 (4) Employees who accrue holiday time may accumulate holiday credit up to a maximum of one hundred twelve (112) hours. Thereafter, all accrued holiday time in excess of one hundred twelve (112) hours shall be paid to the employee at their straight-time hourly rate of pay. Holiday credit may be taken by the employee at the discretion of the Department Head. Employees may use up to forty (40) hours of holiday accrual in conjunction with a scheduled vacation with the approval of the Department Head.
g. Floating Holidays
(1) Accrual
In addition to the recognized holidays specified above, all employees, except those employees covered under subsection (f), shall receive the equivalent of two (2) floating holidays per calendar year accrued as follows:
(a) Full-time career employees shall accrue forty (40) minutes of each floating holiday on each of the first two (2) paychecks each month, as long as the employee is in paid status forty (40) or more hours on the paycheck that the accrual would occur. (b) A part-time career employee, including an employee in a work sharing program or a non -career (+1,040) employee shall accrue floating holiday credit based on the number of hours for which the employee was paid in that bi-weekly pay period: 64 or more hours paid = 100% accrual; 40 -63.9 hours paid = 50% accrual.
(2) Administration
(a) The scheduling of floating holiday time must be approved in advance by the appointing authority or designated
representative.
(b) An employee may carry over from the preceding calendar year a maximum of eight (8) hours of floating holiday . All floating hours accrued and not used in excess of eight (8) hours shall be paid to the employee at the employee’s straight-time hourly rate of pay on the final paycheck of the calendar year in which it was earned.
(c) An employee terminating for any reason shall be paid for all accrued floating holiday time at the straight-time hourly rate.
30 (3) Close Operations/Conversion of Floating Holiday
The City may elect to close operations for a full day on Christmas Eve and New Year’s Eve and eliminate one (1) floating holiday. The City agrees to meet and confer on the impacts associated with the implementation of the conversion of the floating holiday to the extent required by law.
h. Christmas Eve and New Year's Eve Holidays
In the event an eligible employee cannot be scheduled off the last four (4) hours of the work shift, or applicable pro -ration for part -time employees, on the two (2) four (4)-hour recognized holidays before Christmas and New Year's, the holidays shall be observed as a single holiday, at the discretion of the City, on Christmas Eve or New Year's Eve.
12.2 VACATION
a. Vacation Leave Accrual
(1) Employees with less than five (5) full years of service shall earn eighty (80) hours of vacation each year which shall accrue at three (3) hours, twenty (20) minutes on each of the first two (2) paychecks each month. (2) Employees with more than five (5) full years of service and less than fifteen (15) full years of service shall earn one hundred twenty (120) hours of vacation each year which shall accrue at five (5) hours on each of the first two (2) paychecks each month.
(3) Employees with more than fifteen (15) full years of service shall earn one hundred sixty (160) hours of vacation each year which shall accrue at six (6) hours, forty (40) minutes on each of the first two (2) paychecks each month.
(4) An employee’s maximum accrual of vacation shall not exceed four hundred eighty (480) hours. Accrual shall be suspended until the balance is reduced below the maximum accrual amount. Accrual will resume on the applicable paycheck following the pay check in which the balance is brought down.
b. Employees who are eligible to receive a cash payment in -lieu of vacation leave, as provided in Section 107(d) of the Sacramento City Charter, may make an irrevocable election to receive such payment by foregoing the same number of vacation hours in the cal endar year following the election.
Notification of the election must be made to the Payroll Division, Department of Finance, in writing by November 30. The in -lieu payment will be made to the employee on the last paycheck in March of the calendar year following the
31 election. Payment shall be made at the straight time hourly rate of pay the employee is receiving at the time payment is made. If the employee electing the in-lieu payment separates from City employment for any purpose before receiving the in -lieu payment, the employee forfeits any right to receive payment, but will instead have their vacation leave balances credited with the amount of hours that would have accrued from January 1 to the last day of employment.
c. Integration of Vacation with Workers Compensation
Where a career employee sustains an injury covered by workers' compensation and has utilized all of the one year "injury -on-duty time" as provided under City Charter Section 253, or former City Charter Section 167, as the case may be, and consequently is r eceiving straight workers' compensation temporary disability payments, the employee will be allowed to utilize (while off work) accrued vacation time in partial day increments in addition to receiving workers' compensation temporary disability payments with the total aggregate payment of temporary disability and vacation pay not to exceed one hundred percent (100%) of the employee’s regular rate of pay.
As a condition of so using such accrued vacation, however, the employee is required to continuously utilize accrued vacation until accrued vacation is exhausted or they return to work. This provision also applies to any accrued leave with the exception as noted in 12.4, Sick Leave.
d. Vacation Scheduling
(1) The time at which the employee shall be granted a vacation is at the approval of the Department Head. The Department shall determine the number and classification of employees who can be off on vacation on any given day. However, in an effort to accommodate the employee's requested vacation schedule each Department shall open to bid vacation scheduling thirty-one (31) days prior to November 1st of each year. Classification seniority shall govern where more than one employee bids for the same period. In case of a tie the employee with the greatest amount of continuous City service shall be senior. (2) The final vacation schedule as approved by the Department Head shall be permanently posted in the employee work area not later than the first Friday of December.
(3) Annual vacations applied for other than during the open bid period will be granted with the approval of the Department Head or their authorized representative. Such request shall not be unreasonably denied.
(4) In no event may a senior employee bump a junior employee from a vacation period after the thirty -one (31) day bidding period has run.
32 However, employees may trade vacation periods if all trading employees agree. Changes in the vacation schedule may be amended with the approval of the Department Head or designee.
e. Employees covered by this Agreement are entitled to schedule accumulated and unused vacation credits in increments of any duration.
12.3 SICK LEAVE
a. Accrual and Usage
(1) A full-time employee shall accrue sick leave at the rate of four (4) hours on each of the first two (2) paychecks each month which may be used at the discretion of the employee in the event of illness or injury which is not job -related; however, in accordance with the Rules and Regulations of the Civil Service Board, one -third (1/3) of the employee’s accrued sick leave may be used after exhaustion of injury- on-duty time ; however, the combination of workers’ compensation temporary disability payments and sick leave pay shall not exceed one hundred percent (100%) of the employee’s regular rate of pay . Such usage shall not exc eed the maximum amount of the employee's accumulation. A part -time career or non -career (+1,040) employee shall earn sick leave on a pro rata basis.
(2) Employees who have at least four hundred and eighty (480) hours of sick leave on the last day of the pay period ending on or before November 1 in any calendar year, may make an irrevocable election to forego the accrual of not more than twenty-four (24) hours of sick leave during the following calendar year and receive instead, a cash payment for the number of sick leave hours in the designated election. (3) Notification of the irrevocable election must be made in writing to the Payroll Division, Department of Finance, between November 1 and November 30. The payment will be made on the last paycheck in May of the calendar year following the irrevocable electi on. Payment shall be made at the hourly rate of pay the employee is receiving at the time the payment is made.
(4) If the employee electing the payment is separated from City employment before receiving the payment, the employee forfeits any right to the payment, but will instead have their sick leave balances credited with the sick leave hours the employee would have accrued from the January 1 following the date of election to the last day of employment.
33 b. Sick Leave Cash-Out/Conversion to PERS Service Credit (1) PERS
(a) PERS members hired prior to January 1, 2005, with more than twenty (20) years of City service, shall be eligible to cash out sick leave and/or convert sick leave to PERS service credit upon separation as follows:
i. Eligible employees may receive payment for thirty -three and one -third percent (33 -1/3%) of the total sick leave credits accumulated (to the nearest full day) by the
employee on the date of their retirement, resignation, or layoff.
ii. Eligible employees with an effective retirement date from PERS within one hundred twenty (120) calendar days of
their separation from City service may also convert any or all of their total sick leave credits accrued , less any payment received pursuant to sub -paragraph (i) above,
to PERS service credit as of the date of their retirement consistent with and pursuant to the PERS contract with the City, as amended.
iii. Individuals identified pursuant t o California Government Code Section 53245 as being the person designated on
the employee’s “Designation of Person Authorized to
Receive Warrants,” or in the absence of an identified
person pursuant to California Government Code Section
53245, persons entitled by law to the possession of the estate of a deceased employee who was eligible to cash
out sick leave credit s pursuant to sub -paragraph (i), above, may receive payments for thirty -three and one - third percent (33 -1/3%) of the total sick leave credits accumulated (to the nearest full day) by the employee on the date of the employee’s death.
(b) Employees hired, rehired, or reemployed on or after January 1, 2005, shall not be eligible for payment of any portion of accumulated sick leave credits upon retirement, resignation, or layoff regardless of their years of service. However, employees hired, rehired, or reemployed on or after January 1, 2005 , may convert the ir remaining sick leave balance to service credit consistent with law and pursuant to the PERS contract with the City upon separation of employment for retirement.
34 (c) No employee whose services are terminated by reason of discharge for cause shall be eligible for payment of any portion of accumulated sick leave credits.
(2) SCERS
Upon termination of any employee in SCERS eligible to accumulate sick leave credits for reasons of retirement, resignation, or layoff after service for a period of not less than two (2) years, or death, such employee (or those entitled by law to the possession of the estate of a deceased employee) shall receive payment for thirty-three and one - third percent (33-1/3%) of the total sick leave credits accumulated (to the nearest full day) by the employee on the date of such retirement , resignation, layoff, or death. No employee whose services are terminated b y reason of discharge for cause, or by reason of resignation or layoff prior to the completion of two (2) years of service, shall be eligible for payment of any portion of accumulated sick leave credits.
c. Reinstatement of Sick Leave After Return From Layoff Any employee who is laid off and receives payment for thirty -three and one- third percent (33-1/3%) of their total accumulated sick leave credits shall be credited with the remaining sixty-six and two-thirds percent (66-2/3%) of their accumulated sick leave credits if and when said employee is recalled. If said employee thereafter leaves City service after being recalled and is entitled to payment of their accumulated sick leave credits under this Section, said employee shall only receive payment for thirty -three and one -third percent (33-1/3%) of those sick leave credits which accrued after the date of recall. d. Utilization of Sick Leave
Use of sick leave is governed by the Citywide Sick Leave Policy, the Rules and Regulations of the Civil Service Board, Rule 16, and Attachment A to the Rules and Regulations of the Civil Service Board.
e. Administration of Sick Leave
The Rules and Regulations of the Civil Service Board relating to the administration of sick leave privileges and benefits and the Citywide Sick Leave Policy shall apply to all eligible employees.
f. Sick Leave Credit Limitation
Except as provided herein, no payments made, or sick leave credits accumulated shall be construed or deemed to constitute retirement benefits payable to employees of the City.
35 g. Sick Leave Verification
Departments shall notify and receive approval from the Citywide Leave Administrator in the Department of Human Resources prior to placing employees on sick leave verification to ensure compliance with appropriate laws and policies. Employees placed on sick leave verification may request to be removed after three (3) months, or earlier based upon appropriate City policy. If it is determined by the Citywide Leave Administrator in the Department of Human Resources that the employee is in compliance with the policy, the employee shall be removed from sick leave verification. If the employee is not in compliance, the employee may request to be removed on a monthly basis thereafter.
12.4 COURT LEAVE
a. When an employee is absent from work to testify in response to a subpoena issued by a court of competent jurisdiction in a non -work related matter to which the employee is not a party, or to serve on a jury or to report for jury duty examination, the emplo yee shall be granted pay for those hours which the employee is absent for such reason. The City may require the employee to elect to be on telephone alert and remain on the job until such time as called to testify or serve jury duty. When an employee is required to be on telephone alert, the employee will cooperate with the court or jury commissioner and the City will be responsible to ensure that the employee is available. Pay for work time lost shall be computed at the employee's regular rate of pay at th e time of such absence. The employee shall return all witness fees or jury remuneration received, less transportation allowance, to the City. b. If a swing shift or graveyard shift employee has served in excess of one -half the scheduled shift in court or on jury duty, the employee will notify the supervisor in advance of the start time so they will be excused from the shift.
If the employee is in court or on jury duty less than one -half of the shift, the employee will be required to work.
c. In lieu of the shift after service on court leave, a graveyard shift employee may request to take off the shift prior to court leave, provided that if the employee serves less than one-half of the shift, they will be required to use vacation or other leave accruals to cover the shift.
d. To receive pay for work time lost, an employee must provide the City with a statement signed by an official of the court certifying the employee's service as a witness or juror or appearance in court for such purposes, the date or dates of attendance, the time released from attendance and the compensation paid exclusive of any transportation and subsistence allowance.
36 e. When a non-career employee is regularly scheduled to work and is ordered to report to testify or for jury duty said employee shall be entitled to court leave benefits in accordance with the above-stated procedure.
12.5 PARENTAL LEAVE
a. Effective January 12, 1991, the current Pregnancy Disability Leave Policy for female employees shall be replaced by a parental leave policy for both male and female employees with the following provisions:
(1) Full-time career employees shall be eligible for a maximum City -paid parental leave of four (4) weeks consisting of up to one hundred -sixty (160) hours of continuous paid time off. Part-time career employees shall be eligible for up to eighty (80) hours of continuous City-paid time off during the four (4) week parental leave. Unused parental leave shall have no cash value. Non-career employees are not eligible for the four (4) weeks of City-paid parental leave.
(2) To be eligible for the paid leave an employee hired on or before June 23, 1995 must have completed at least 2,080 hours of service from the most recent date of hire, or an employee hired on or after June 24, 1995 must have completed at least 6,240 hours of service from the most recent date of hire, preceding either (a) the birth of a child who resides with the employee and for whom the employee has legal custody, or (b) the adoption of a child under age four (4) who resides with the employee and for whom the employee has physical and legal custody. Court-appointed legal guardians and foster parents do not qualify for parental leave.
(3) Eligible employees shall have the right to only one leave of absence per pregnancy or adoption regardless of the number of children involved (e.g., twins). The duration of City-paid leave shall not change based on a change in employment status, such as from part -time to full-time career.
(4) Upon return from parental leave on the date previously authorized, employees shall be reinstated in the former department and in the classification last held.
(5) Eligible employees shall have the right to extend parental leave beyond the four (4) weeks of City-paid leave to the maximum six (6) months of leave by adding accrued and available hours of sick leave, vacation, compensatory time off (CTO), accrued holiday, and/or unpaid leave to their initial request for parental leave. The total period of absence from work, including the four (4) weeks of paid parental leave, shall not exceed six (6) months.
37 (6) Paid parental leave shall be considered as time worked for purposes of eligibility for recognized holidays occurring during the leave. b. The City shall have the right to promulgate a policy and procedure to implement and administer parental leave.
12.6 CATASTROPHIC LEAVE PLAN
a. A benefit-qualified employee may donate to or receive from an unrepresented employee, or a represented employee whose bargaining agreement provides for such donation or receipt, usable vacation, floating holiday, management leave, or compensating time off hours. Participation in this plan shall be voluntary. Sick leave may not be donated under this plan. b. All donations shall be made and accepted in writing using City-provided forms. c. The donation in any category must be a minimum of eight (8) hours of usable time.
d. Donations shall be on an hour -for-hour basis, regardless of the pay rates of the donor and recipient, except hours transferred between employees on the Fire Suppression (56 hours) schedule and the non -Fire Suppression (40 hours) schedule shall be adjusted by a factor of 1.4 to 1. e. Hours to be donated shall be kept in a pledge status until used. As needed, pledged hours shall be debited from the donor's leave balance and credited to the recipient's usable vacation accrual balance. Once credited, the donation becomes irrevocable. A donor terminating for any reason shall be paid for pledged but unused leave time.
f. Management employees may only receive donations from management employees. A non-management employee may not receive donations from a subordinate employee where a direct supervisor/subordinate relationship exists. Any exception to this paragraph must be approved by the City Manager or designee.
g. To be eligible to use donations, an employee must:
(1) be incapacitated and unable to work due to a prolonged catastrophic non-industrial illness or injury which is estimated to last for at least thirty (30) calendar days;
(2) have exhausted all usable balances, including sick leave; (3) be on an approved leave of absence.
38 h. All donated hours must be used on a continuous and uninterrupted basis and will be paid at the rate of pay and normal work schedule of the recipient, along with all usable hours accrued, until the earliest of the following events occurs:
(1) All leave balances, including both donated and accrued leave, are exhausted; or
(2) The employee returns to work at their normal work schedule; or (3) The employee's employment terminates.
i. Donations received while a recipient is still utilizing previously donated and related accrued leave time may be used immediately thereafter. Hours donated subsequent to exhausting all donated hours shall be accumulated and utilized along with related accrued leave hours in amounts equal to the recipient's normal bi-weekly work hours.
j. Used donated leave time shall count toward the application of City service and benefits in the same manner as when the employee is on paid vacation leave. k. Used donated leave time shall be subject to the recipient's normal payroll deductions.
12.7 PERSONAL TIME OFF (PTO)
a. Full-time career employees who have completed ten (10) full years of City service shall be credited with twenty -four (24) hours of personal time off (PTO). Part-time career employees shall be credited with a prorated amount of time based on their regular schedule. Eligible employees will receive PTO each year on the paycheck representing the first full pay period that includes January 1.
b. Employees who separate service and who are subsequently reemployed, pursuant to Article 15.2 (b)(5)(a) into a classification covered by this Agreement, will receive credit toward PTO eligibility for their previous years of City service upon successful completion of probation, on a go -forward basis.
For purposes of determining eligibility to receive PTO, pu rsuant to this paragraph, an employee mu st complete probation prior to January 1 of the calendar year in which it is provided.
c. Use of PTO shall not cause overtime.
d. PTO shall not accumulate from year to year and shall have no cash value. If an employee is unable to use all of the time by the end of the calendar year based on operational need, the Department may approve carry -over to the next year. In all other cases, the time shall be forfeited.
39 12.8 SUPERVISORY PERSONAL TIME OFF (PTO)
a. Full-time career employees shall be credited with twenty -four (24) hours of personal leave time on July 1 of each fiscal year. Employees appointed after July 1 shall be entitled to a pro rata share of the time based on the number of full months remaining in that fiscal year.
b. Personal time off shall not accumulate from fiscal year to fiscal year. If an employee is unable to use all of the time by the end of the fiscal year based on operational need, the department may approve carry-over to the next year.
In all other cases, the time shall be forfeited.
12.9 FAMILY MEDICAL LEAVE
a. The federal and state medical leave acts are applicable to career and non - career employees who have completed the required 1250 hours of employment prior to the time requested. The City uses a rolling period under the Acts, determining eligibility from the last date of FMLA leave, if applicable. b. To apply for a leave the employee must complete the City leave request form available from the Department of Human Resources or the Department support staff. The employee must provide medical verification of the need and the duration or intermittent schedu le which is anticipated, to allow for coverage.
c. The duration of FMLA leave cannot exceed twelve (12) weeks. The employee must use their accrued leave during the FMLA leave, except that they may retain up to forty (40) hours of vacation at the time leave without pay commences. The employee may not then r esume paid leave until after returning to work.
d. To the extent allowed by law, federal and state FMLA leaves shall be used concurrently.
e. The City policy covering FMLA shall be applicable to all employees and may be obtained from the Department of Human Resources.
12.10 STATE DISABILITY INSURANCE (SDI
a. Eligible career employees who file for SDI benefits in accordance with applicable State of California rules and procedures may integrate such SDI benefits with their own leave balances. Integration is where the SDI benefit and the monetary value of the employee’s leave balances combine to provide a bi -weekly adjusted net income which is equivalent to 100% of the employee’s regular net income so long as available leave balances and SDI eligibility permits. The regular net income is the employee’s gross income, less any requ ired deductions such as taxes, retirement and SDI insurance
40 premiums, as well as any other mandatory deductions. Other employee - authorized deductions shall be deducted from the resultant net pay. b. Eligible career employees may integrate the following accrued City leave balances with SDI:
(1) Sick Leave
(2) Personal Leave
(3) Compensating Time Off (CTO)
(4) Holiday Leave
(5) Vacation Leave
c. Eligible part-time career employees shall be included in this program on a pro- rata basis.
12.11 BEREAVEMENT LEAVE
An employee may receive up to twenty-four (24) hours of City -paid leave for bereavement based on the death of the employee ’s spouse, parent, sibling, child, grandchild or grandparent as defined herein. The employee may use sick leave as authorized by Civil Service Board Rule 16, Sick Leave, for additional time off or to attend to other death, bereavement or funeral needs.
12.12 PAID CITY LEAVE (PCL)
a. Employees who are employed in a classification covered by this Agreement on January 1, 2022, shall receive a one-time leave bank contribution of thirty- five (35) hours of Paid City Leave. This Paid City Leave shall not expire, and shall have no cash value except as follows:
(1) Employees receiving Paid City Leave contribution described in Section
12.12(a) may make an irrevocable election to receive a cash payment in lieu of using the leave. Notification of the election to receive this cash payment must be made to the Payroll Division, Department of Finance, in writing by November 30, 2022. Employees making the irrevocable election shall receive the payment on the paycheck representing the first pay period following their election at the straight time rate of pay they are receiving at the time of payment, less ordinary payroll deductions.
(2) Upon separation from City service, employees with a balance of the Paid City Leave described in 12.1 2(a) shall receive a payment for the
41 Paid City Leave balance at the straight time rate of pay they are receiving at the time of the payment, less ordinary payroll deductions.
ARTICLE 13 – SPECIAL ALLOWANCES
13.1 TEMPORARY WORK IN A HIGHER CLASSIFICATION
a. Temporary assignments to higher classifications shall be permitted only in those classifications where in the judgment of the Department Head or designee, it is necessary to maintain proper and efficient departmental operations. An employee temporarily assigned to perform the duties of a higher classification shall be compensated for the duration of the out -of- classification assignment by the payment of five percent (5%) of the regular salary the employee received prior to the out -of-classification assignment, or the salary provided for in Step 1, as applicable, of the higher classification, whichever is greater, but not to exceed top step of the higher classification.
Departments may establish internal tracking and approval systems for out-of- classification pay administration.
b. Temporary work in a higher classification shall first be offered to career employees. If no career employee desires the temporary work in a higher classification said assignment may then be offered to a non-career employee. c. The City recognizes that temporary work in a higher classification shall not be used as a device for circumventing career civil service positions.
13.2 TUITION REIMBURSEMENT
The City agrees to reimburse career employees for the cost of tuition, books, and fees, excluding parking, up to a maximum of $1,500.00 per calendar year pursuant to the City's existing policy for such education reimbursement. This provision shall not apply to employees eligible for an educational incentive program.
In addition, the Department may authorize tuition reimbursement for training through other approved sources.
13.3 FORENSIC IDENTIFICATION CERTIFICATE PROGRAM
a. Career employees in the classification of Supervising Forensic Investigator who possess a Latent Print Examiner Certificate shall receive incentive compensation at the rate of fifteen percent (15.0%) of their base hourly rate of pay. The I.A.I. (International Association for Identification) standards currently in effect or any revised standards shall apply to the Latent Print Examiner Certificate.
42 b. To receive for the Incentive Compensation Program, eligible employees who possess the Latent Print Examiner Certificate must place the certificate on file with the Police Department for verification and process ing of the incentive compensation to be effective in the next bi-weekly pay period.
13.4 SUPERVISING PLANT OPERATOR CERTIFICATE PAY
Employees in the classification of Supervising Plant Operator shall receive certificate pay of sixty dollars ($60.00) per pay period for the possession of a T-5 certificate.
During the term of this Agreement, should the City agree to establish Water Treatment, Water Distribution and/or Waste Water Operator Certificate Pay for classifications represented by Local 447, the same certificate pay(s) shall be provided to employees i n the classification Utilities Operations and Maintenance Supervisor.
13.5 TOOL ALLOWANCE AND INSURANCE
a. Employees in the classification of Equipment Maintenance Supervisor shall receive a five dollar ($5.00) tool allowance on each of the first two (2) paychecks each month.
b. Employees in the classification of Equipment Maintenance Supervisor will be provided tool insurance against loss by fire or burglary where there is evidence of forced entry into the shop building (but not for loss by mysterious disappearance) provided the employee furnishes the City a list of their tools on an inventory form and notifies the City when they remove their tools from the City premises. This insurance will be on the basis of a fifty dollar ($50.00) deductible and it is understood the employee shall pay the deductible. Losses under this Section shall be reimbursed by replacement value of the tools, with a maximum reimbursement of four thousand dollars ($4,000.00). It is understood that tool boxes shall be included in the coverage under this Section. Insurance reimbursement shall not be authorized in any event if a full and complete police report is not made regarding loss of tools under this Section.
13.6 PROFESSIONAL ENRICHMENT
Supervisors who are members of work -related professional organizations or subscribe to periodicals related to their field may request that the costs attached to these be reimbursed by the Department. Such request shall not be unreasonably denied.
13.7 REQUIRED LICENSES AND CERTIFICATIONS
a. Where the City requires that employees maintain licenses and/or certifications, the Department Head or designee may consider, on a
43 classification-by-classification basis, reimbursing employees for costs associated with the renewal of such licenses and/or certifications. This Section shall not apply to driver licenses.
b. Building Inspector Certificate Pay
(1) Employees in the classifications of Supervising Building Inspector, and Senior Supervising Building Inspector will receive a monthly certificate pay for the possession of one or more of the certificates listed below:
(a) ICC Commercial Building Inspector or NFPA
Certified Building Inspector or Building Inspector (Combination Inspector)
(b) ICC Commercial Electrical Inspector or NFPA
Certified Electrical Inspector -Master or Electrical Inspector (Combination Inspector)
(c) ICC Commercial Plumbing Inspector or IAPMO
Plumbing Inspector or Plumbing Inspector (Combination
Inspector)
(d) ICC Permit Technician
(e) ICC Accessibility Inspector/Plans Examiner
(f) ICC Residential Combination Inspector
(g) ICC Building Plans Examiner or NFPA Certified Building Plans Examiner
(h) ICC Fire Inspector I & II or NFPA Certified Fire Inspector I & II or NFPA Certified Fire Protection Specialist
(i) AACE Housing and Property Maintenance Inspector or ICC Property Maintenance and Housing Inspector
(j) PC 832, Arrest Search and Seizure
(k) CACE Code Enforcement Officer
(l) ICC Zoning Inspector or AACE Zoning Officer
(m) ICC Commercial Energy Inspector
44 (n) ICC Commercial Energy Plans Examiner
(o) ICC Residential Energy Inspector/Plans Examiner
(p) ICC Structural Masonry Inspector
(q) ICC Steel and Welding Special Inspector
(r) ICC Pre-stressed Concrete Special Inspector
(s) ICC Certified Building Official
(t) AA degree in Building Inspector Technology
(u) ICC Commercial Mechanical Inspector or
IAPMO Mechanical Inspector or
ICC Mechanical Inspector
(v) ICC Housing Code Official or
AACE Code Enforcement Administrator
(w) ICC Property Maintenance and Housing Inspector
(x) ICC Electrical Plans Examiner
(y) ICC Plumbing Plans Examiner
(z) ICC Building Code Official
(aa) ICC Electrical Code Official
(bb) ICC Mechanical Code Official
(cc) ICC Plumbing Code Official
(dd) ICC Master Code Professional
(ee) ICC Reinforced Concrete Special Inspector
(ff) NFPA Certified Fire Plan Examiner I
(gg) Construction Technology Certificate from an accredited College (minimum of 30 Units of Construction Technology curriculum) (2) Employees shall receive thirty dollars ($30.00) for each certificate they possess up to a maximum of $300.00 for ten (10) certificates.
45 c. Code Enforcement Certificate Pay
(1) Employees in the classification of Senior Code Enforcement Officer who are required to maintain, or who obtain for City benefit, shall receive a monthly certificate pay for the possession of one or more of the certificates listed below:
(a) ICC Zoning Inspector or AACE
(b) ICC Property Maintenance & Housing Inspector or AACE (c) Public Health Vector Control Certification
(2) Employees shall receive thirty dollars ($30.00) for each certificate they possess up to a maximum of ninety dollars ($90 .00) per month for possession of a maximum of three (3) certifications.
d. Water Treatment Grade 2 Certification
Employees in the Department of Utilities in the classification of Instrumentation Supervisor shall receive a one hundred twenty -five dollar ($125.00) per month incentive for maintaining a valid Water Treatment Grade 2 (T-2 water) or higher certification. The employee will begin receiving the incentive within thirty (30) days after providing a valid copy of their T -2 water certification to the department. The City will pay the cost of certification for an employee to receive a T-2 water certification.
e. Professional Land Surveyor License
Employees in the classification of Survey Party Chief shall receive incentive pay at the rate of five percent (5%) of their base salary for obtaining and maintaining the Professional Land Surveyor License.
13.8 CONTINUING EDUCATION
When the City requires that an employee maintain a license or certificate which mandates continuing education units (CEUs) to maintain the license or certificate, the employee shall be responsible for obtaining the CEUs. Where feasible, the City will provide the needed CEUs on-duty.
When the City provides such training, CEU credit not received through the City shall be the responsibility of the employee. When the City does not provide required CEU training, the employee may request that the Department approve and pay for the training and allow the employee to attend on City time. Such request shall not be unreasonably denied.
46 13.9 EDUCATIONAL INCENTIVE
a. Employees with a bachelor’s degree (BA or BS) from an accredited college or university shall receive an educational incentive in the amount of five percent (5.0%) of their base rate of pay.
b. Employee with an associate’s degree (AA or AS) from an accredited college or university shall receive an educational incentive in the amount of three percent (3.0%) of their base rate of pay.
c. An employee is eligible to only one of the above incentives. d. The incentive shall be effective the start of the pay period following presentation of the degree to the department.
13.10 PLAYGROUND INSPECTOR INCENTIVE
a. Employees in the classification of Park Supervisor who are regularly assigned playground inspector duties and who possess a valid Certified Playground Safety Inspector (CPSI) Certificate shall receive an additional five percent (5.0%) of their base rate of pay during each full pay period when so assigned. b. Any fees or other costs related to obtaining or renewing the Certificate are at employee expense. Training or examination time spent in obtaining the Certificate shall either be during non -working hours or while on approved personal leave, including vacation, CTO, or holiday time. c. The incentive is payable only during those pay periods when a current valid certificate is on file in the Department of Youth, Parks, & Community Enrichment during the entire pay period.
13.11 TECHNOLOGY ALLOWANCE
a. Employees in the classifications of Supervising Dispatcher who, in their capacity as line supervisors, have Dispatcher IIIs reporting to them, and Survey Party Chief shall receive a monthly technology allowance of fifty dollars ($50.00).
b. Use of City-provided cellular telephones shall be discontinued upon receipt of the technology allowance by the employee.
c. Upon approval of the monthly technology allowance the employee shall provide and maintain a personal cellular phone and service that is available to conduct City -related business. The employee shall provide the cellular telephone number to designated individuals and organizations with whom the employee normally conducts City-related business.
47 13.12 BILINGUAL PAY
a. The City may authorize bilingual pay when it is determined to be necessary for the operation. The City shall determine what languages are appropriate for such pay and the number of employees to be certified. To be eligible for the bilingual pay, the employee must be determined to be verbally proficient, and if necessary for the assignment, proficient in the written language. The City will arrange the certification and testing process and authorize the bilingual pay.
b. Bilingual pay shall be paid at the rate of twenty dollars ($20 .00) bi-weekly for any pay period in which the employee is certified. An employee who is receiving bilingual pay may be required to provide assistance to any City operation.
13.13 CERTIFICED ACCESS SPECIALIST (CASp) CERTIFICATION PAY a. The City shall determine the number of employees authorized to receive CASp Certification Pay.
b. Authorized employees in the classification(s) of Supervising Building Inspector and Senior Supervising Building Inspector who obtain a (CASp) certification from the California Division of the State Architect shall be paid five percent (5.0%) of their base rate of pay for such certification. This incentive is additive and does not compound with any other incentive(s). c. Authorized employees who obtain CASp certification will be reimbursed for the receipted pre -approved costs and fees associated with obtaining and maintaining the certification. Authorized training for this certification shall be on City-time.
d. Employees already receiving CASp certification pay who promote into the Supervising Building Inspector or Senior Supervising Building Inspector classifications shall continue to receive said pay as provided in subsection (b), above.
13.14 INSTRUMENTATION SUPERVISOR INCENTIVE PAY
Career employees in the classification of Instrumentation Supervisor who obtain/maintain the California Water Environment Association (CWEA) certification of Electrical/Instrumentation Technologist shall receive incentive pay as follows:
Grade 2 - $25.00 per month
Grade 3 - $50.00 per month
48 The employee will begin receiving the incentive within thirty (30) days after providing a valid copy of their certificate.
13.15 DRONE CERTIFICATION PAY
a. The City shall determine the number of employees authorized to be drone certified.
b. Authorized employees in the classification of Supervising Building Inspector who obtain certification to operate drones from the Federal Aviation Administration (FAA) shall receive fifteen dollars ($15 .00) per pay period for Drone Certification Pay.
c. Employees who receive prior authorization from their supervisor will be reimbursed for the cost of obtaining and maintaining certification. d. Certification coursework shall be on paid City time with prior authorization. e. This incentive is additive and does not compound with any other incentive.
ARTICLE 14 – TRANSPORTATION
14.1 GENERAL
It is the understanding of the parties that the City retains the right to eliminate, at any time, the overnight retention of City vehicles for employees in the Units represented by the Union upon fifteen (15) days’ notice to the employee.
14.2 MILEAGE REIMBURSEMENT AND MONTHLY VEHICLE ALLOWANCE a. The City has the right to offer one of the following mileage reimbursements to individual employees who use their personal vehicles for City business:
(1) The Internal Revenue Service (IRS) rate established by the City for general mileage reimbursement; or
(2) Monthly vehicle allowance at one of the following rates:
Average Miles Per Month Monthly Vehicle Allowance
400 $160
200 $100
100 $50
b. If a personal vehicle was not a condition of employment, individual employees have the right to refuse to use their personal vehicles for City business.
49 14.3 TRANSPORTATION
a. Sacramento Regional Transit District (SRTD)
Full-time career employees who utilize the Sacramento Regional Transit District (SRTD) for home-to-work transportation are eligible for an eighty percent (80%) price discount on an SRTD monthly pass. Part-time career employees shall be eligible for a fifty percent (50%) price discount. The employee must notify the Department of Finance, Revenue Division on or before the fifth day of the month to obtain the monthly pass discount for that month.
b. Other Bus Transportation
Effective December 1, 2005, eligible full-time career employees as described above, who regularly utilize other bus or mass transportation services regulated by the Public Utilities Commission (i.e. buses, vanpools, rail) for home-to-work commuting are eli gible for up to eighty percent (80%) of the cost of the monthly pass. Eligible part-time employees, as described above, shall be eligible for a fifty percent (50%) monthly reimbursement. The employee must present the required proof of purchase to the Reve nue Division by the fifth day of the month to obtain reimbursement. The amount of monthly reimbursement shall not exceed one hundred twenty dollars ($120). c. Downtown Parking Subsidy
The City shall provide a one-hundred twenty dollar ($120) per month parking subsidy to eligible full -time career employees who are regularly assigned to work in the downtown area. Eligible part -time career employees who are regularly assigned to work in the downtown area will receive a ninety dollar ($90) per month parking subsidy. The subsidy will be included in the employee’s bi-weekly paycheck, subject to applicable state and federal taxes.
14.4 COMMERCIAL DRIVER LICENSE REQUIREMENTS
a. In those classifications which require a commercial driver license, employees hired on or after October 20, 1990 , shall be required to possess the appropriate valid commercial California driver license and endorsements as a condition of continued employment.
b. An employee who was hired prior to October 20, 1990, who is unable to qualify for the required commercial license but is able to maintain a Class "C" license shall be transferred to an alternate assignment and shall have their salary reduced by 2.5% until such time as they obtain the required license. Such reassignment and reduction in salary shall not be subject to the grievance procedure nor be disciplinary action as defined by Rule 12 of the Rules and Regulations of the Civil Service Board. In the event the employee obtains the
50 required license, such employee shall be transferred back to their previous assignment and shall have their salary restored to the same step in the salary range that they occupied prior to the transfer and salary reduction. c. An employee who is unable to qualify for the required commercial license for medical reasons, but is able to maintain a Class "C" license, shall not have their salary reduced by 2.5%. The City shall attempt to make reasonable accommodation for such employee.
14.5 DISCOUNTED PARKING RATES
Discounted parking will be available to employees, on a first-come, first-serve basis, for parking spaces in the Memorial Garage, located at 14th and H Streets, at seventy percent (70%) of the regular monthly Memorial Garage rate. This means that the employee discounted rate is thirty percent (30%) off the full monthly rate. This provision will remain in effect until further notice by the City.
ARTICLE 15 – LAYOFF
15.1 PURPOSE
This Article provides the procedure to be followed when an employee is to be displaced/laid off from their position.
15.2 DEFINITIONS
a. Layoff A layoff shall be defined as the dismissal or displacement of at least one employee due to lack of work, lack of funds, abolishment of position, or for other reasons not reflecting discredit on an employee. b. Seniority
(1) Classification Seniority: Classification seniority shall be defined as the effective date of probationary appointment to the employee's present job classification including any time spent in a higher job classification, but less any time spent in a lower job classification due to a downgrade.
The term higher classification shall mean a job classification in which the top rate of pay is greater than the top rate of pay of the employee's present job classification. For any employee who has not served a probationary period in their present job classification, or any employee whose position has been reallocated in accord with the Rules and Regulations of the Civil Service Board, classification seniority shall be mutually established by the City and the Union. For an employee who has downgraded, computation of classification seniority for a job classification lower than that of which the employee holds permanent status, the following seniority shall be counted:
51 (a) classification seniority in any higher classifications, and (b) previous classification seniority in the job classification in which the employee is currently working, and
(c) present time spent in the job classification in which the employee is currently working.
For a part -time career employee, classification seniority shall be prorated.
(2) City Service Seniority: City service seniority shall be defined as the effective date of appointment to the employee's first permanent career position, or as the effective date of appointment to the employee's first full-time position (or positions) which immediately preceded an appointment to a permanent career position, whichever is greater.
For a part-time career employee, City seniority shall be prorated. (3) Hire Date Seniority: Hire date seniority shall be defined as the employee's first date of hire to any position with the City. (4) Seniority Adjustments: Classification seniority and City service seniority shall be adjusted (reduced) in calendar days to reflect time spent on layoff from City service. There shall be no adjustment for time spent on an approved unpaid leave of absence.
(5) Termination of Seniority: Termination of classification seniority and City service seniority shall occur upon:
(a) Resignation, except that any employee who is appointed from a reemployment list and completes a probationary period, if any, in the position to which they were reemployed may count the seniority which they accumulated prior to resignation.
(b) Discharge.
(c) Retirement.
(d) Layoff in excess of five (5) consecutive years out of the City service.
(e) Failure to comply, report, or respond to a recall notice within fourteen (14) calendar days from the date of postmark on the recall notice.
52 c. Downgrade A downgrade shall be defined as a change in job classification to which the top rate of pay is the same or less than the top rate of pay of the employee's present classification, due to a layoff. A downgrade shall only be allowed to the appropriate classification within the employee's regression ladder, except as provided in Section 15.3(b)(4) of this Article. d. Regression Ladder A regression ladder shall be defined as a classification series through which an employee may downgrade. The regression ladders are as set forth in Exhibit A to this Agreement.
e. Permanent Status For the purposes of this layoff procedure, permanent status is attained in a job classification when an employee has successfully completed their probationary period in that job classification. An employee in an exempt classification represented by the Union shall be considered a permanent employee under this Article.
f. Leave of Absence Employees on an approved unpaid leave of absence shall accrue seniority.
g. Department The application of the term "department" for the sole purpose of layoff and/or downgrade of career employees shall mean:
(1) The Departments of Public Works shall be considered a single department.
(2) The Department of Utilities shall be considered a single department. (3) The Departments of Youth, Parks & Community Enrichment ; Community Development; Economic Development; and Convention & Cultural Services shall be considered a single department. (4) The Departments of Police, Fire, Information Technology, Finance and Human Resources shall be considered a single department. (5) The Charter Offices of the City Attorney, City Auditor, City Clerk, City Manager and City Treasurer shall each be considered a single, separate department.
A function that is assigned to work in a different department as part of an inter- departmental project, but continues to be funded from the original department (op-conned), remains a part of the original department for the purpose of layoff.
Any future departmental reorganization shall be effective for purposes of layoff only after one year from implementation. At the request of the Union, the City agrees to discuss such reorganization at the time of implementation to review
53 the placement of the reorganized function, and the application and impact of this Section, if any.
15.3 PROCEDURE
a. Non-Career Employees
(1) When a layoff is to occur within a job classification within a department, all non -career employees in the regression ladder in which that job classification is found shall be laid off first, except in the Solid Waste and Parking functions. In these functions, the City may continue working non-career Parking Lot Attendants and up to twenty -five (25) non-career Integrated Waste Equipment Operators regardless of any career employees who may be laid off in the regression ladder in which these job classifications fall. Career Integrated Waste Equipment Operators subject to layoff shall have the right to bump into the non - career classifications.
(2) Non-career employees shall be laid off in the order provided by established department procedures. If such procedures have not been established on the effective date of this Agreement, non -career employees shall be laid off in such order as the Department Head shall provide. In no event shall a career employee suffer a layoff until all non- career employees in the affected regression ladder in the Department have been laid off.
b. Career Employees
(1) Within each job classification in each Department in which a layoff occurs, employees shall be laid off in the following order: first, all provisional employees; second, all probationary employees in the order of their classification seniority; and, third, permanent employees in the order of their classification seniority, beginning with the employee with the least such seniority.
(2) Any provisional or probationary employee who is affected by a layoff or displaced by a downgrading employee shall return to the last Department and job classification in which the employee holds permanent status, if any. If the employee does not hold permanent status in another job classification, they shall be laid off; the name of such employee may be restored to an eligible list in accordance with applicable Civil Service Rules and Regulations. If the employee does hold permanent status in another job classification, they shall then be treated as a permanent employee in that job classification with respect to any layoff in that job classification.
54 (3) Any permanent employee who is to be laid off or displaced shall have the right to downgrade, within the Department, in descending order, to job classifications within their regression ladder, provided that the employee meets the qualifications of the lower classification. If there are any provisional employees in such lower classification, the provisional employee with the least City service seniority shall be displaced first. If there are no provisional employees in the lower classification, the probationa ry employee with the least City service seniority shall be displaced. If there are neither provisional nor probationary employees in the lower classification, the permanent employee with the least City service seniority shall be displaced, provided that the downgrading employee has greater City service seniority. If the permanent employee is unable to downgrade to any job classification within the appropriate regression ladder, they shall be laid off.
(4) A career employee in a classification contained in classification group 36 who is to be laid off, displaced, or demoted shall have the right to downgrade, within the Department and in descending order, to represented classifications in which the employee previously held permanent status provided a vacancy exists.
(5) Any permanent employee currently working in a classification contained within classification group 35 shall have the right to downgrade, in the same manner as provided in Section 15.3(b)(3), to the last classification in which permanent status was held, if any, provided such classification is contained within regression ladder 1 through 34, or classification group 35. If such a downgrade is not possible, the employee shall be laid off. If such a downgrade is possible, the employee shall then in the future h ave the right to downgrade through that new regression ladder only.
(6) An employee may accept layoff in lieu of the opportunity to downgrade by notifying Labor Relations within five (5) working days of receiving notice of layoff. Where the employee accepts a layoff in lieu of a downgrade, said employees shall forfeit all recall rights except to a vacancy within the same classification from which the employee was laid off.
(7) If two (2) or more employees have an equal amount of classification seniority, the senior employee shall be determined on the basis of greater City service seniority. If two (2) or more employees have an equal amount of City service seniority, the senior employee shall be determined on the basis of greater hire date seniority, or by lowest random number in the event of a tie.
55 (8) The application of this procedure is not intended to extend job assignment, work organization, or departmental preference to any employee affected by a layoff.
c. Notice of Layoff
In the event of a layoff, the City shall send by certified mail a layoff notice to all affected employee(s). Such notice shall be postmarked at least thirty (30) calendar days in advance of the effective date of layoff. Such layoff notice shall be mailed to the employee's address currently in the City’s payroll system, and shall be deemed appropriate notice. The employee(s) who is on a paid or unpaid leave shall be affected by the layoff in accordance with the provisions of this Article in the same manner as all other employees.
15.4 SALARY IN EVENT OF DOWNGRADE
a. An employee who is downgraded through a regression ladder pursuant to this Article shall be paid in the new classification the salary range step closest to the monthly pay rate received immediately prior to downgrade providing there is no increase in pay.
b. If appointed in the lower classification at other than top step, future salary step adjustment shall be made in accordance with Section 7.2 "Advancement in Rate of Compensation" with time served in the classification from which the downgrade occurred counting toward salary step advancement. c. Upon subsequent recall through a regression ladder the employee shall not receive in the next higher classification less than that received in the lower classification, provided however, that upon subsequent placement in the classification from which the e mployee was downgraded, salary step placement shall be at the salary step previously held. If, however, said salary step is less than that received in the classification to which the employee was downgraded, salary step placement shall be at the salary ste p immediately higher. The anniversary date for future in -grade salary adjustments shall be the date of recall to the permanent classification.
d. Salary as referred to in this Article shall be the monthly salary range and respective salary step for the affected classification as identified in the current salary schedule.
15.5 FRINGE BENEFITS
a. Upon layoff, e mployees shall be paid for accrued leave balances, including but not limited to: vacation, sick, holiday, longevity, and similar benefits per applicable ordinances and rules. Employees being recalled, shall have the uncompensated portion of their sick leave balance restored . However, if
56 eligible, only those sick leave hours accrued after recall shall be applied to any subsequent sick leave payoff.
b. Employees enrolled in City insurance programs may continue elected coverage limited to the City's medical, dental, vision, and life insurance plans for a period up to six (6) months or the period of time permitted by Consolidated Omnibus Budget Reconciliation Act (COBRA), whichever is greater, by advanced personal remittance for each month's premium for the cost of such coverage, at the time of layoff.
c. Assistance with this insurance option, unemployment benefits, and the availability of retirement benefits or refunds as governed by the City Charter will be provided by the Benefits Division, Department of Human Resources, at the request of laid-off employees.
15.6 RECALL
a. When a vacancy occurs in a job classification, the laid off or downgraded employee(s) eligible to return to that job classification shall be recalled in the order of City service seniority, beginning with the employee with the greatest City service seniori ty. When a recall list exists and an employee is on a reinstatement list due to a medical leave of absence, such employee will be merged with employees on the established layoff eligibility list based on seniority. Permanent employees who were laid off or downgraded are eligible to return to the job classification in which permanent status is held within their regression ladder, or to lower classifications within the same regression ladder, but shall have no recall rights to any job classification in which provisional status was held at the time of layoff or downgrade. Permanent employees who held probationary status in another job classification on the date of layoff shall be eligible to return to the job classification in which probationary status was held for a period of five (5) years from the date of layoff; but upon such return must serve the complete probationary period for such job classification.
b. Career employees shall be entitled to recall rights for a period of five (5) consecutive years from the effective date of layoff or downgrade. The effective date of layoff shall be the employee's last day of work. The effective date of downgrade shall be the employee's last day of work in the classification from which they is downgraded. If, however, a permanent employee has been recalled or downgraded but has not been recalled to the classification in which permanent status is held within the five (5) year period, said employee shall continue to possess recall rights back to the classification in which permanent status is held, and to any other classifications in the employee's regression ladder which are lower than the classification in which permanent sta tus is held and higher than the classification in which the employee was working at the expiration of the five (5) year period. If said employee is recalled to a
57 classification higher in their regression ladder than the employee was working at the expiration of the five (5) year period, the employee shall serve the complete probationary period in such higher classification. If said employee fails to satisfactorily complete the probationary period they shall return to the next highest classification in the applicable regression ladder in which a vacancy exists and shall gain permanent status in such classification. In no event shall the employee be required to return to a classification lower than that from which they left to take the probationary appointment. Said employee shall then continue to possess recall rights to any higher classification in their regression ladder which is lower than the classification in which the employee failed to complete the probationary period but higher than the classification to which the employee returned after failing probation, subject to all provisions stated above.
c. When a vacancy exists, and employees are to be recalled, notice of the opening(s) shall be sent to the mailing address as shown on the employee's last paycheck unless a more recent address has been furnished by the laid off/downgraded employee. To expedite recall, more than one employee may be notified of an opening. This recall notice shall be by certified mail and the employee shall have fourteen (14) calendar days to report to work from the date of postmark on the recall notice. If said employee fails to report to work within fourteen (14) calendar days, they will lose all recall rights. An employee who has been laid off or downgraded shall be required to meet the physical and other minimum qualifications of the classification to which they are recalled. Any additional qualifications established during said employee's layoff shall be waived with regard to an employee holding recall rights to that job classification except as required by law. An employee who accepts recall shall receive all seniority to which they are entitled under Section 15.2(b) of this Article.
d. Career employees holding recall rights may be offered a non -career job of less than 1,040 hours annually, and if said career employee accepts or refuses such non-career jobs of less than 1,040 hours it shall have no effect on said career employee's normal recall rights.
15.7 GENERAL
a. A seniority list shall be made available to the Union on the first working day in September of each year, and after review with the Union, said list shall be posted by each department and copies made available for ready inspection.
A copy shall be furnished free of cost to the Union each September. b. The City shall immediately after effecting a layoff provide the Union a list of those employees who have been laid off. Said list shall be known as a Recall List and shall be updated as necessary.
58 c. The City or the Union shall have the right, at any time during the term of this Agreement, to initiate discussions between the parties as to possible alternatives to layoff. The City, however, retains the right to proceed with layoffs according to the procedures set forth in this Agreement at any time including, but not limited to that time, if any, during which an impasse on layoff alternatives is being resolved.
d. Any grievance filed regarding this Article shall be submitted directly to the third step of the grievance procedure as set forth in Article 5.
ARTICLE 16 – UNIFORMS AND COVERALLS
16.1 UNIFORMS
a. City Provided Uniforms
(1) The City agrees to provide uniforms for employees who are required to wear uniforms.
(2) All employees covered by this Agreement and required by the City to wear a uniform shall have a clean uniform provided five days a week (5-5-1), at no cost to the employee , with the exception of Supervising Forensic Investigators.
(3) The value of uniforms provided by the City shall be reported as compensation at the rate of five dollars ($5.00) biweekly to the Public Employees Retirement System (PERS).
(4) All employees who are provided a uniform shall meet Department dress and grooming standards and adhere to the uniform policy of the division and/or Department.
b. Uniform Allowance
(1) New and/or promoted employees, excluding Supervising Property Assistant, hired into the classifications for which the City requires a uniform which the employee must provide, shall receive an initial allowance of two hundred fifty dollars ($250) for the purchase of the necessary uniform, including but not limited to appropriate footwear. (2) Thereafter, employees shall receive a uniform allowance of twenty-two dollars ($22.00) for uniform maintenance and replacement cost bi - weekly.
59 (3) All employees who receive a uniform allowance shall meet Department dress and grooming standards and adhere to the uniform policy of the division and/or Department.
16.2 FOUL WEATHER JACKET
a. Employees in the classification of Senior Animal Control Officer and Integrated Waste Supervisor shall be supplied with one foul weather jacket.
Employees shall be responsible for the laundry, maintenance, and repair of such jacket. Replacement of unserviceable jackets shall be the responsibility of the City.
b. Supervisory employees whose duties and responsibilities include working outside during inclement weather shall be provided an inclement weather jacket.
c. Employees shall be responsible for the laundry, maintenance, and repair of such jacket. Replacement of unserviceable jackets shall be the responsibility of the City.
16.3 SUMMER WEAR
a. Employees in the classifications of Parking Meter Collection Supervisor and Parking Enforcement Supervisor shall have the option to wear summer shorts and shoes between May 1 and September 30.
b. Employees will adhere to the appropriate departmental uniform policy and will be responsible for the purchase and maintenance of the shorts and shoes, and other uniform articles if required.
16.4 SENIOR ANIMAL CARE TECHNICIAN AND SENIOR ANIMAL CONTROL
OFFICER
a. Employees in the classification of Senior Animal Care Technician shall be provided six (6) tops/shirts and five (5) pair of pants for each employee. b. Employees in the classification of Senior Animal Control Officer shall be provided with six (6) tops/shirts and six (6) pair of pants for each employee. c. The City shall provide employees in the Animal Care Technician series, on an as-needed basis, up to two (2) pair of rubber boots per fiscal year. d. Employees who are provided uniforms pursuant to this section shall be required to maintain the uniform in a clean, presentable, professional condition. When necessary, the department shall replace uniform tops and/or pants via the selected vendors(s) at Department expense.
60 e. Employees provided uniforms pursuant to this section shall not be eligible for uniform allowance provided in Section 16.1(b).
16.5 SUPERVISING FORENSIC INVESTIGATORS
a. The City shall provide the following uniforms to the Supervising Forensic Investigators:
Long-Sleeve
Shirt
Short-Sleeve
Shirt Pants
Supervising Forensic
Investigator 2 2 2
b. The City shall provide laundry service twice per week. c. The City shall be responsible for the replacement of unserviceable uniforms. d. Employees in this classification series are authorized, at their sole expense, including cleaning and replacement of unserviceable items, to wear the following load bearing vests: Safariland #DN6700 & #DN6701; or the Point Blank #BP2256, each of which must bear a black 6x10 inch patch with the words “CSI” affixed to the center back of the load bearing vest. Employees in this classification are also authorized, at their sole expense, including cleaning and replacement of unserviceable items, to wear the following uniform shirts: Blauer #8471; Flying Cross Hybrid Shirt (long sleeve) #05VS8486; or Hybrid Base Shirt (short sleeve) #55VS8486 with appropriate SPD forensic shoulder patches.
16.6 TREE PRUNER SUPERVISOR
a. In lieu of laundered trousers provided through the City’s uniform vendor, employees in the classification of Tree Pruner Supervisor shall be provided with six (6) pairs of Levi jeans per fiscal year.
b. Employees who are provided jeans pursuant to this Section shall be required to maintain the uniform in a clean, presentable, and professional condition.
The Department shall replace the jeans only when the damage is caused by circumstances which arise out of employment, and not from ordinary wear incidental to normal use and employment.
16.7 SOLID WASTE UNIFORMS
The Policies and Procedures Manual for the Solid Waste Division (which shall be incorporated by reference) shall be amended to give employees in the classification of Integrated Waste Supervisor the choice of collared shirts or t -shirts and pants or jeans, or any combination thereof.
61 ARTICLE 17 – SAFETY SHOES AND SAFETY GLASSES
17.1 SAFETY SHOES
a. Where the City requires that safety shoes be worn by employees as a condition of employment, the City shall reimburse said employees for the cost of an acceptable safety shoe, inserts, and/or repairs for safety shoes up to a maximum of $200 per pair, or up to a maximum of $250 if special order of the safety shoes is required, and generally no more than two (2) pair per fiscal year. Employees may initially request two (2) pair of shoes at the same time.
To be eligible for this reimbursement, the employee must obtain prior authorization from their supervisor before purchasing safety shoes, and must submit the receipt to the supervisor to verify the cost and substantiate the reimbursement. Safety shoes shall normally be authorized for a single pair, and the second pair in the fiscal year shall only be approved if replacement is necessary.
b. The City maintains the right to specify the type of required safety shoes.
17.2 SAFETY GLASSES
a. It shall be mandatory for employees to wear safety glasses where such glasses are required to be worn by the City. Employees who wear prescription glasses shall wear protective eye wear provided by the City or prescription safety glasses.
b. Employees are free to purchase prescription safety glasses from any source the employee chooses. The City will reimburse the employee for the purchase of prescription safety glasses up to a maximum of $125 per pair of glasses. c. To be eligible for the above reimbursement, the employee must obtain prior authorization from their supervisor before purchasing the required safety glasses, and must submit the receipt to the supervisor to verify the cost and substantiate the reimbursement. The City maintains the right to specify the standards for non -prescription safety glasses. Further, prescription safety glasses shall conform in all respects to the U.S.A. Safety Standards for Head, Eye and Respiratory Protection, and the prescription s hall not be more than twenty-four (24) months old.
d. The cost of any eye examination and special or cosmetic frames shall be paid by the employee.
62 ARTICLE 18 – CLASSIFICATION AND PAY
18.1 NEW OR REVISED JOB CLASSIFICATIONS
a. It is recognized that the establishment of new or revised job classifications within the Unit covered by this Agreement may be warranted because of changes in job content or services offered by the City. Under such circumstances, the City shall prepare and submit to the Union the proposed descriptions and proposed appropriate rate ranges for such job classifications as will have been determined to be within the Unit covered by this Agreement not less than fifteen (15) days prior to submission of the job classification to the Civil Service Board. Upon request of the Union, the fifteen (15) day period will be extended by an additional ten (10) days.
b. The Union and the City shall meet prior to submission of the proposed descriptions to the Civil Service Board and shall make every reasonable effort to reach agreement on a joint proposal to the Civil Service Board. The Union and the City shall follow provisions of applicable state law and the City's Employer-Employee Relations Policy regarding negotiations of an appropriate salary range for any revised entry or revised promotional classification covered by this Agreement.
c. The Union shall have the right to file an appeal to the Civil Service Board regarding job classification.
d. The City shall submit all job announcements for positions covered under this Agreement to the Union not less than five (5) days prior to publication by the City.
e. In the event the Employer-Employee Relations Policy is revised in respect to the assignment of classifications to representation units, either party may reopen this Section for the purpose of reaching mutual agreement on the procedural changes which may need to be made under this Section.
ARTICLE 19 – DISCIPLINE
19.1 LETTER OF REPRIMAND
a. A letter of reprimand issued on or after October 20, 1990, shall not be appealable, except the employee may have an administrative review of the reprimand by submitting a request in writing within seven (7) calendar days to the Manager of Labor Relations . The Manager or designee will schedule a meeting within seven (7) calendar days of receipt of the written request to hear the employee's response. A final written decision by the Director or designee will be rendered within seven (7) calendar days of the meeting. This Section shall not be subject to the Grievance Procedure.
63 b. When issuing a letter of reprimand, the City shall provide to the employee all available information upon which the reprimand is based, including but not limited to, fact-finding transcripts and written complaints filed. The City is not required to prepare transcriptions of audio -taped interviews to meet this obligation. However, if a transcript of audio -taped interviews is prepared, the City shall provide the transcript.
19.2 IN-LIEU DISCIPLINE
By mutual agreement between the appointing authority or designee and the employee, an employee suspended from duty without pay may forfeit accumulated holiday, compensating time off, and/or vacation credits equal to the number of hours of suspension in lie u of such suspension. If the suspension is reduced or reversed at the conclusion of the appeal process, the City shall reinstate the forfeited credits.
This provision shall not be subject to the grievance procedure.
19.3 DISCIPLINE TOLLING PERIOD
In all disciplinary matters, the City shall issue a letter of intent to discipline within 365 days from the date of discovery of the misconduct by a person authorized to initiate an investigation of the misconduct. This time limitation shall be extended if any of the conditions referenced in the California Peace Officers’ Bill of Rights Act, as amended, (California Government Code sections §§3300 et seq.) exist during the 365 day period.
19.4 MEDIATION
The Parties may participate in mediation in an attempt to settle the disciplinary matters before a hearing with the Administrative Law Judge. Mediation shall be required if requested by either party and the parties will request a mediator from the State Mediation and Conciliation Service. All mediation proceedings shall be private.
The mediator shall make no public recommendations, nor take any public position at any time concerning the issues. All costs of the mediation shall be borne by the requesting party.
19.5 DISCIPLINE APPEAL HEARING PROCEDURE
Disciplinary appeals above a letter of reprimand shall be conducted pursuant to Rule 12 of the Rules and Regulations of the Civil Service Board.
An employee’s appeal of discipline shall be heard by an Administrative Law Judge at the California Office of Administrative Hearings (OAH). a. The hearing shall be transcribed by a certified shorthand reporter. The appearance fees of the reporter will be borne equally by the City and the Union. If only one party orders a transcript, that party shall pay for the cost of
64 the transcription. If both parties elect to order a transcript, the parties will equally bear the cost of the original transcript and any necessary copies. b. The hearing shall be conducted pursuant to the procedures of Rule 12 of the Rules and Regulations of the Civil Service Board. On issues of procedure where the Rules and Regulations of the Civil Service Board are silent, the California Administrative Procedures Act shall govern the proceedings. c. The City agrees that employees shall not suffer loss of compensation for time spent as a witness at a discipline hearing held pursuant to this procedure. The Union agrees that the number of witnesses requested to attend and their scheduling shall be reasonable.
d. The parties agree that any dispute of the jointly recommended proposed decision to the Civil Service Board shall be limited to the grounds specified in Section 1286.2 of the California Code of Civil Procedure.
19.6 DECISION
The Administrative Law Judge shall issue a written decision . The parties agree to jointly recommend the Administrative Law Judge’s decision to the Civil Service Board, any dispute with the decision by a party shall be limited to the grounds specified in Section 1286.2 of the California Code of Civil Procedure.
19.7 WITHDRAWAL OF APPEAL
The employee may withdraw an appeal of discipline at any time prior to a decision by an Administrative Law Judge or the Civil Service Board. An appeal shall be deemed withdrawn if the employee fails to respond within thirty (30) calendar days to a written request by the City schedule a hearing or otherwise participate in the appeal process. The written request shall be certified and sent to the employee’s mailing address as shown in the City’s payroll system.
19.8 DISCIPLINE AND DOCUMENTED COUNSELING RETENTION
a. Suspensions and pay reductions issued after June 30, 2014, will not be permanently placed in an employee’s official personnel file. Suspensions and pay reductions will be withdrawn from the employee’s official personnel file five (5) years from the date of issue provided there has not been additional formal discipline imposed during the five-year period. All suspensions and pay reductions removed from the employee’s official personnel file will be retained in Labor Relations. Should an employee have subsequ ent discipline, the earlier disciplines may be used for purposes of progressive discipline. b. A letter of reprimand issued after October 20, 1990, will be withdrawn from an employee's official personnel file two (2) years from the date of issue provided
65 there has not been additional formal discipline imposed during the two -year period.
c. A letter of reprimand issued prior to October 20, 1990, may be pulled at the request of the employee provided there was no additional formal discipline imposed within five (5) years from the date of issue.
d. Documented counselings will be withdrawn from an employee’s department file eighteen (18) months from the date of issue provided there has not been formal discipline imposed during the eighteen (18) month period. Once removed, the documented counseling may not be used to enhance the subsequent discipline but may be used to demonstrate that the employee is aware of the issue and/or for impeachment purposes.
ARTICLE 20 – MISCELLANEOUS
20.1 CIVIL SERVICE RULES
In the event that any Civil Service Board Rules or Regulations are in conflict with this Agreement, the Agreement shall apply.
20.2 SELECTION OF VACANCIES
a. Whenever a vacancy occurs in a particular job assignment, and the manager elects to permanently fill said vacancy, the vacancy shall be posted for a period of ten (10) calendar days which shall include the duties of the position.
Employees holding career status in the classification allocated to that position, and who are assigned to the particular operation in which the vacancy arises, may request to be reassigned to fill said vacancy. The manager shall give first consideration to those employees making su ch requests before considering any other persons for the vacancy. The term “first consideration” does not mean that employees requesting transfer to the vacant position have first priority to the job or require the appointing authority to appoint an employee from such list to the vacancy, but only assures that such emplo yees shall in fact be given consideration for the position prior to reviewing other candidates. b. In the event more than one qualified employee requests to fill said vacancy, the assignment shall be based on classification seniority (or in the case of a tie, highest position on the eligible list) provided relative experience and capability in performing the required job functions and relative disruptive effect on the established work schedule are equal.
c. The City shall reassign or prevent the assignment of employees where there is or would be an immediate supervisory/subordinate relationship and the employees have a potential employment conflict of interest due to a parental, spousal or sibling relationship.
66 d. A vacancy or vacancies resulting from an assignment made hereunder may not be subject to this procedure.
e. It shall be within the discretion of the Department Heads, or their respective designee, to make departmental transfers as in their judgment will best meet the organizational, operational and personnel needs of the departments. f. This Section does not apply to non-career employees.
20.3 PROMOTION FROM WITHIN
In accord with Article VII, Section 84 of the Charter of the City of Sacramento, the City does hereby reaffirm its policy to promote from within whenever possible.
20.4 CONSOLIDATION
Prior to entering into an Agreement to consolidate any City function which includes employees represented by Local 39 as the recognized employee organization, the City shall meet with the Union in an attempt to resolve employee problems.
20.5 DAMAGE TO PRESCRIPTION GLASSES
a. The City agrees to repair or replace prescription glasses damaged or destroyed while the employee is actively at work provided that the employee furnishes satisfactory proof to the City of such loss.
b. The prescription shall not be more than twenty-four (24) months old to qualify for reimbursement under the Section. All costs to update the prescription shall be borne by the employee.
20.6 REMOTE WORK
Employee eligibility and participation in the City’s Remote Work Program will be pursuant to the City’s Remote Work Policy.
This policy shall not be subject to the grievance procedure but shall follow the review procedures outlined in the Remote Work Policy.
20.7 SAVINGS CLAUSE
If any provision of this Agreement, or the application of such provision should be rendered or declared invalid by any decree of a court of competent jurisdiction or by the reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect.
67 20.8 NON-FAULT VEHICULAR ACCIDENTS
At the request of an employee who was involved in a non -fault vehicular accident while performing City work, the City will provide a letter to the employee stating the accident was non-fault.
20.9 ZONAR OR OTHER GLOBAL POSITIONING SYSTEMS (GPS) AND VEHICLE
STICKERS
Zonar and other GPS devices will be used for purposes of improving departmental efficiencies to include, but not limited to, preserving City resources and preventing idle time. Zonar or GPS data shall not be used by the City as the only factor in gathering data for purposes of discipline. However, the data may be used to substantiate public complaints, support findings or confirm work performance issues for purposes of discipline. A list of vehicles which contain Zonar or other GPS devices will be maintained in the department and provided to employees. The City may place one (1) “safety sticker” on City vehicles which reads “How’s My Driving? Dial 311.” Safety stickers shall not exceed 200 square inches and will not be placed in an area which obscures the driver’s safe operation of the vehicle.
20.10 CONTRACTING-OUT
a. The City shall not contract out for goods and services performed by bargaining unit employees which will result in any career employee being laid off without prior consultation with the Union concerning the impact on the terms and conditions of employment of employees covered by this Agreement. b. Any layoffs resulting from the City's action shall be made pursuant to the layoff provisions of this Agreement.
20.11 STRIKES AND LOCKOUTS
For the duration of this Agreement the Union and its members agree that it shall not call, sanction or engage in any strike, slowdown, suspension or stoppage of work activity, and the City agrees that it shall not cause or engage in any lockout.
20.12 BLOOD BANK TIME
a. The City shall establish a blood bank account with the Sacramento Medical Foundation Blood Center.
b. An employee shall be permitted time off without loss of compensation to donate blood during duty hours when a mobile blood unit vehicle is located at the employee's work site. Time off shall only be granted if work activities are not unduly disrupted. Such paid time off shall not exceed thirty (30) minutes per blood donation, unless extended by City management on a case-by-case basis.
68 c. Time off without compensation shall be permitted during duty hours in the event an employee wishes to donate blood at the office of the Blood Center.
In such case, the employee may be permitted to use accrued vacation, CTO or holiday time.
d. This provision is not intended to authorize any overtime compensation.
20.13 TIME OFF FOR EXAMINATIONS
If a request is made by an employee, such employee shall be released from duty without loss of compensation while competing in City examinations and interviews.
The employee must give the immediate supervisor at least three (3) working days' advance notice. Employees shall not be compensated for examination and interview time which occurs during non-duty hours.
20.14 SUPERVISING DISPATCHERS USE OF FITNESS CENTER
a. Supervising Dispatchers shall be permitted to use the fitness center at the Communication Center as follows:
(1) Employees Working a 4/10 Schedule – During Meal Period Supervising Dispatchers who currently have a forty (40) minute paid meal period and wish to exercise in the fitness center shall be permitted to have a sixty (60) minute meal period in order to exercise. The minimum workout time shall be twenty (20) minutes.
(2) Employees Working a 5/8 Schedule – During Normal Shift Supervising Dispatchers shall be permitted to work out during their normal shift for a maximum of twenty (20) minutes. Employees who chose to work out for more than twenty (20) minutes will do so before or after their normal shift or during their meal period. For example, if an employee who starts work at 8:00 a.m. wishes to work out for thirty (30) minutes at the beginning of their shift, they will start ten (10) minutes before 8:00 a.m. and will work out until 8:20 a.m. The first ten (10) minutes are unpaid, and the remaining twenty (20) minutes are paid at the regular rate of pay.
b. Supervising Dispatchers who use the fitness center as stated in (a), above, will be required to meet with the Police Department’s fitness coordinator for assessment and approval prior to using the fitness center. c. Although Supervising Dispatchers will be using the fitness center on paid time, the parties agree that participation is not a job requirement in the classification of Supervising Dispatcher, that use of the fitness center is completely voluntary, and that such use is not work related.
69 d. Supervising Dispatchers will be required to sign a waiver of liability, as shown in Exhibit B, which acknowledges their understanding and acceptance of the conditions for use of the fitness center.
e. Supervising Dispatchers on a 4/10 work schedule, who do not use the fitness center during their regular shift, will continue to have a forty (40) minute paid meal period.
20.15 TRIAL PERIOD
a. An employee or a former employee appointed to a career classification as a non-career employee on and after November 22, 1986 , shall serve a trial period. A former employee is a person who was previously employed with the City but terminated such employment for any reason including the expiration of a limited-term appointment.
b. The trial period shall be a thirty (30) calendar day period beginning with the first day the employee reports to work or until the employee has worked one hundred sixty-eight (168) straight-time hours, whichever occurs last. c. A non-career employee may be released from their position at the discretion of the appointing authority at any time during the trial period without right of appeal to the Civil Service Board. Such release shall be confirmed in writing. d. This provision shall not be used to circumvent the civil service system in respect to the City's testing practices.
20.16 PAYROLL ERRORS
a. In the event an error has been made in the payment of an employee's compensation, including, but not limited to, wages, overtime payment, health care contributions, incentives, or leave accruals, balances and/or usages, the City shall, for purposes of future compensation, adjust such compensation to the correct amount, giving written notice to the employee. b. In the event an employee received an overpayment , reimbursement to the City shall be accomplished by:
(1) Lump sum payment by the employee;
(2) A one -time deduction from all available paid leave balances, except sick leave, equivalent to the overpayment at the employee's current hourly rate;
(3) A repayment schedule through payroll deduction; and/or (4) Other means, as may be mutually agreed between the parties.
70 No repayment schedule shall exceed fifty -two (52) pay periods in duration, except that if the employee does not agree to a voluntary repayment schedule, the overpayment collection shall not exceed twenty-six (26) pay periods. The time period may be extended by a signed agreement between the City and the employee.
c. No action shall be taken to enforce repayment of an overpayment, or to correct an underpayment, unless action is taken within two (2) years from the ending date of the pay period in which the error is discovered. "Action is taken" as used in this Section shall mean written notice to the employee in the case of an overpayment, or written or oral notice to the City in the case of an underpayment error.
d. The City shall make a reasonable effort to verify employee underpayments within ten (10) calendar days of discovery or by written notice by the employee or the employee’s representative. Once verified, repayment shall be made within thirty (30) calendar days.
20.17 PERS RETIREMENT PLAN AND CONTRIBUTION
a. Miscellaneous employees are covered by the following Public Employees Retirement System (PERS) plan – Classic Members
• Modified 2% at age 55
• One-year highest compensation
• 2% COLA
• 25% survivor continuation
• 50% industrial disability
• Military service credit
• Sick leave conversion credit
b. Effective June 30, 2012, “classic members” as defined by PERS shall pay the seven percent (7%) member contribution to the PERS retirement plan. Classic members shall qualify for the 2% at 55 benefit formula and retirement shall be based upon the highest twelve (12) consecutive months of compensation. c. Effective the November 15, 2014, “classic members” shall pay eight percent (8%) of salary to the PERS retirement plan. If necessary, the contract with PERS shall be amended to reflect the eight percent (8%) employee contribution rate for classic members.
d. Member Contribution to PERS Retirement Plan – New Members “New members” as defined by Public Employees’ Pension Reform Act (PEPRA) shall be members in the PERS on terms consistent with the PEPRA.
New members shall qualify for the 2% at 62 benefit formula, shall contribute
71 fifty percent (50%) of the total normal cost as required by PEPRA, and retirement shall be based upon the highest thirty-six (36) consecutive months of compensation.
20.18 EMPLOYEE PERFORMANCE EVALUATIONS
a. Each City department shall have the right to conduct employee performance evaluations on a department -wide basis at the discretion of the appointing authority. Probationary employees will normally be evaluated every three (3) months. Non-probationary employees will normally be evaluated annually. b. An employee who disagrees with a performance evaluation may within ten (10) workdays from the date of the performance evaluation: (1) Write a rebuttal statement for the attachment to the performance evaluation form; and (2) Informally appeal to the supervisor of the reviewer, but in no case higher than the department head.
c. Appeals of employee performance evaluations are not subject to the grievance procedure.
d. In accordance with Rule 12 of the Sacramento Civil Service Board Rules, withholding an employee’s salary step advancement is formal discipline.
Salary step advancements shall not be delayed solely because the employee’s performance evaluation is not completed on time. Step advancements delayed solely due to untimely performance evaluations shall be subject to the grievance procedures.
20.19 DEFERRED COMPENSATION PLAN
Career employees may participate in the City’s Deferred Compensations 457 Plan, to the extent provided by law.
Each participant in the Plan shall contribute an administrative fee of one dollar and fifty cents ($1.50) per month from their plan balance to the Plan’s administrative allowance account. Funds accumulated by the administrative fee will be utilized as prescribed in the Defined Contribution Plans Committee’s Fee and Expense Policy.
20.20 URBAN FORESTRY
Within sixty (60) days of the adoption of this Agreement, at the request of the Union, the parties shall meet and discuss options to reduce the reliance on service contracts in Urban Forestry. Absent mutual agreement, the status quo shall remain.
20.21 TERM
a. This Agreement shall remain in full force and effect from September 23, 2023, to and including September 19, 2025.
72 b. The provisions of this Agreement shall be effective on the effective date stated above except as otherwise specifically provided.
73 DATED: JANUARY 9, 2024
INTERNATIONAL UNION OF
OPERATING ENGINEERS,
STATIONARY ENGINEERS LOCAL
39, AFL-CIO CITY OF SACRAMENTO
Bart Florence Shelley Banks-Robinson
Business Manager Director of Human Resources
Jeff Gladiuex Aaron Donato
President Labor Relations Manager
Brandy Johnson Chee Khang
Director of Public Employees Chief Negotiator
Laura LeSieur Approve as to form:
District Representative
Amanda Skibby Brett M. Witter
Business Representative Assistant City Attorney
Lesley Currie
Negotiating Committee Member
Matt Hermann
Negotiating Committee Member
Deion Mays
Negotiating Committee Member
Philip Meyer
Negotiating Committee Member
Seth Ogden
Negotiating Committee Member
EXHIBIT A – REGRESSION LADDERS
(Includes Flexibly Staffed Classifications)
GENERAL SUPERVISORY UNIT
1. Traffic Control and Lighting Supervisor
Traffic Control and Lighting Technician II/I/Trainee
2. Supervising Water Quality Chemist
Water Quality Chemist
Water Quality Laboratory Technician
3. Senior Maintenance Worker
Maintenance Worker
Security Guard
4. Supervising Building Inspector
Building Inspector 4
Building Inspector 3/2/1
Development Services Technician III
Development Services Technician II/I
5. Supervising Construction Inspector
Construction Inspector III/II/I
6. Supervising Forensic Investigator
Lead Forensic Investigator
Forensic Investigator II/I
7. Assistant Box Office Supervisor
Ticket Seller
Cashier
8. Supervising Community Center Attendant
Custodial Supervisor
Community Center Attendant II
Community Center Attendant I
Senior Custodian
Custodian II
Custodian I
Security Guard
9. Senior Accounting Technician
Accounting Technician
Account Clerk II/I
10. Supervising Dispatcher
*****Dispatcher III
*****Dispatcher II/I
11. Supervising Property Assistant
Senior Evidence and Property Technician
Evidence and Property Technician
12. Senior Animal Control Officer
Animal Control Officer II/I
Senior Animal Care Technician
Animal Care Technician
13. Integrated Waste Supervisor
Senior Integrated Waste Equipment Operator
Integrated Waste Equipment Operator
14. Program Supervisor
Program Coordinator
Program Developer
Program Leader
15. Program Supervisor (Older Adults)
Program Coordinator (Older Adults)
Program Developer (Older Adults)
16. Parks Supervisor
Park Maintenance Worker III
Park Equipment Operator
Park Maintenance Worker II
Park Maintenance Worker I
Park Maintenance Worker
(employee may downgrade to Park Equipment Operator only if they previously held such classification)
17. Tree Maintenance Supervisor
Senior Tree Maintenance Worker
Tree Maintenance Worker/Trainee
18. Tree Pruner Supervisor
Senior Tree Pruner
Tree Pruner II/I/Trainee
19. Supervising Police Clerk
Police Clerk III
Police Clerk II/I
20. Senior Parking Lot Supervisor
Parking Lot Supervisor
Senior Parking Lot Attendant
Parking Lot Attendant
21. Parking Meter Collection Supervisor
Parking Enforcement Supervisor
Parking Meter Coin Collector
Parking Enforcement Officer
22. Instrumentation Supervisor
Instrument Technician II/I/Trainee
23. Supervising Code Enforcement Officer
Senior Code Enforcement Officer
Code Enforcement Officer
Assistant Code Enforcement Officer
24. Supervising Plant Operator
*Senior Plant Operator
*Plant Operator
*Junior Plant Operator
25. Equipment Maintenance Supervisor (Mechanical Shops) **Equipment Mechanic III
**Equipment Mechanic II/I
26. Equipment Maintenance Supervisor
**Equipment Mechanic III
**Equipment Mechanic II/I
27. Senior Police Records Supervisor
Police Records Supervisor
Police Records Specialist III
Police Records Specialist II/I
28. Meter Reading Supervisor
Utility Services Inspector
Meter Reader
29. Water Conservation Supervisor
Water Conservation Specialist
Water Conservation Representative
30. Streets Maintenance Supervisor
Street Construction Equipment Operator
Street Construction Laborer/Trainee
31. Utilities Operations and Maintenance Supervisor
******Utilities Operations and Maintenance Leadworker
******Utilities Operations and Maintenance Specialist
******Utilities Locater
******Utilities Operations and Maintenance Serviceworker ******Utilities Operations and Maintenance Serviceworker (Apprentice)
32. Customer Service Supervisor
Customer Service Specialist
Customer Service Representative/Assistant/Trainee
(Or the employee may downgrade to the classification from which promoted/transferred/ reallocated)
33. Supervising Surveyor
Survey Party Chief
Survey Technician II/I
Engineering Aide II/I
34. 311 Customer Service Supervisor
311 Customer Service Specialist
311 Customer Service Agent
(Or the employee may downgrade to the Customer Service Series from which promoted/transferred/ reallocated)
35. Bump to previously held classification’s regression ladder
Curator of Education
Enforcement and Collections Supervisor
Financial Services Supervisor
Museum Security Supervisor
Parking Facilities Maintenance Supervisor
36. Classifications designated as Confidential/Administrative (***) or Exempt Management Support (*******) may downgrade to vacant positions in classifications where previously held permanent status
***/*******Administrative Analyst
***Administrative Assistant
***Administrative Assistant (Confidential/Exempt)
***Administrative Technician
***Administrative Technician (Confidential/Exempt)
***Applications Developer
***Data System Technician
***Deputy City Clerk
***Desktop Support Specialist
***Executive Assistant
***LAN Administrator
***Legal Secretary
***Legal Staff Assistant
***Legal Staff Assistant (Exempt)
***Paralegal
***Payroll Technician
***Personnel Technician
***Personnel Technician (Confidential)
***/*******Program Analyst
***Programmer
*******Senior Deputy City Clerk
***Senior Legal Staff Assistant
***Senior Staff Assistant
***Staff Assistant
***Staff Assistant (Exempt)
***Supervising Legal Secretary
***Systems Engineer
***Treasury Assistant
*******Workers’ Compensation Claims Representative
* Plant Operator Unit
** Automotive/Equipment Mechanics Unit
*** Confidential/Administrative
**** Engineering Unit
***** Police Department Unit
****** Plumbers and Pipefitters Unit
******* Exempt Management Support
EXHIBIT B – USE OF FITNESS CENTER WAIVER OF LIABILITY
SUPERVISING DISPATCHERS
I understand and agree that I may use the fitness center at the Communications Center during my paid meal period, or if I am on a 5/8 schedule, during my regular shift. I understand that use of the center is voluntary, not a requirement of my job classification or employment with the City, and is not work related.
The City does not anticipate injury to occur during the use of the fitness center; however, it is still a possibility. Knowing the risk, and in consideration of being permitted to use the center during my meal period, I agree to assume all risks connected to such use.
Except as otherwise prohibited by law, I agree to release and discharge the City of Sacramento, its officers, employees, agents, and volunteers from any and all liability for personal injury, death or property damage connected with the use of the fitness c enter, even though that liability may arise out of their negligence or carelessness.
This release will be a continuing release and will remain in effect until revoked in writing.
Signature: Date:
Name (printed):
and
Plumbers and Pipefitters,
Local 447
Labor Agreement
Covering Employees
In The Water and Sewer Unit
2023-2025
i
TABLE OF CONTENTS
Section Page
PREAMBLE ................................ ................................ ................................ ............................... 1 ARTICLE 1 – RECOGNITION ................................ ................................ ................................ .... 1
1.1 RECOGNITION ............................................................................................................................. 1 ARTICLE 2 – SOLE AGREEMENT ................................ ................................ ............................ 2
2.1 SOLE AGREEMENT ..................................................................................................................... 2 ARTICLE 3 – CITY RIGHTS ................................ ................................ ................................ ...... 2
3.1 CITY RIGHTS................................................................................................................................ 2 ARTICLE 4 – UNION RIGHTS ................................ ................................ ................................ ... 2
4.1 PAYROLL DEDUCTIONS ............................................................................................................. 2 ARTICLE 5 – GRIEVANCE PROCEDURE ................................ ................................ ................ 4
5.1 PURPOSE ..................................................................................................................................... 4
5.2 DEFINITIONS................................................................................................................................ 5
5.3 STEP ONE .................................................................................................................................... 5
5.4 STEP TWO .................................................................................................................................... 6
5.5 STEP THREE ................................................................................................................................ 6
5.6 ARBITRATION .............................................................................................................................. 6
5.7 WITNESSES ................................................................................................................................. 7 ARTICLE 6 – SALARY ADJUSTMENTS ................................ ................................ .................... 7
6.1 SALARY RANGE .......................................................................................................................... 7
6.2 SALARIES ..................................................................................................................................... 7 ARTICLE 7 – WATER AND SEWER INCENTIVE PROGRAM ................................ ................... 8
7.1 CRANE/BACKHOE CERTIFICATION .......................................................................................... 8 ARTICLE 8 – SALARY ADMINISTRATION ................................ ................................ ................ 8
8.1 ORIGINAL APPOINTMENT COMPENSATION RATE ................................................................. 8
8.2 ADVANCEMENT IN RATE OF COMPENSATION ....................................................................... 8
8.3 EFFECT OF CLASSIFICATION CHANGE ON RATE OF COMPENSATION............................ 10
8.4 EFFECT OF CHANGE OF SALARY RANGE UPON COMPENSATION ................................... 10
8.5 RATE OF COMPENSATION UPON RETURN TO CITY SERVICE ........................................... 11
8.6 RATES HIGHER THAN STEP TOP STEP (Y-RATE) ................................................................ 11
8.7 LONGEVITY PAY ....................................................................................................................... 11 ARTICLE 9 – HEALTH AND WELFARE ................................ ................................ ...................12
9.1 CONTRIBUTION TO FULL-TIME AND PART-TIME CAREER EMPLOYEES .......................... 12
9.2 CONTRIBUTION TO NON-CAREER EMPLOYEES .................................................................. 12
9.3 AMOUNT OF CONTRIBUTION .................................................................................................. 13
9.4 COVERED DEPENDENTS ......................................................................................................... 15
9.5 CASH-BACK LIMITS ................................................................................................................... 15 ii
9.6 LIFE INSURANCE ...................................................................................................................... 16
9.7 FLEXIBLE SPENDING ACCOUNTS .......................................................................................... 16
9.8 RETIREE HEALTH SAVINGS ACCOUNT ................................................................................. 16
9.9 RETIREES OR SURVIVOR DEPENDENTS .............................................................................. 16 ARTICLE 10 – LEAVES ................................ ................................ ................................ ............20
10.1 RECOGNIZED HOLIDAYS ......................................................................................................... 20
10.2 VACATION ADMINISTRATION .................................................................................................. 23
10.3 SICK LEAVE ............................................................................................................................... 24
10.4 PARENTAL LEAVE ..................................................................................................................... 27
10.5 CATASTROPHIC LEAVE PLAN ................................................................................................. 28
10.6 COURT LEAVE ........................................................................................................................... 29
10.7 PERSONAL TIME OFF (PTO) .................................................................................................... 30
10.8 BEREAVEMENT LEAVE ............................................................................................................ 30
10.9 PAID CITY LEAVE ...................................................................................................................... 30 ARTICLE 11 – SPECIAL ALLOWANCES ................................ ................................ .................31
11.1 STANDBY ASSIGNMENTS ........................................................................................................ 31
11.2 CALL BACK................................................................................................................................. 32
11.3 TEMPORARY WORK IN A HIGHER CLASSIFICATION ........................................................... 32
11.4 SHIFT DIFFERENTIAL ............................................................................................................... 33
11.5 TUITION REIMBURSEMENT ..................................................................................................... 33
11.6 EMERGENCY RESPONSE ........................................................................................................ 33
11.7 BILINGUAL PAY ......................................................................................................................... 34 ARTICLE 12 – WORKWEEK/OVERTIME ................................ ................................ .................34
12.1 WORKWEEK/OVERTIME ........................................................................................................... 34
12.2 PREMIUM PAY CALCULATION ................................................................................................. 37
12.3 VOLUNTARY WORK FURLOUGH PROGRAM ......................................................................... 37 ARTICLE 13 – SAFETY SHOES, SAFETY GLASSES, AND UNIFORMS ................................ 37
13.1 SAFETY SHOES ......................................................................................................................... 37
13.2 SAFETY GLASSES .................................................................................................................... 38
13.3 DAMAGE TO PRESCRIPTION SAFETY GLASSES.................................................................. 38
13.4 SAFETY JACKETS ..................................................................................................................... 39
13.5 UNIFORMS ................................................................................................................................. 39 ARTICLE 14 – LAYOFF ................................ ................................ ................................ ............39
14.1 PURPOSE ................................................................................................................................... 39
14.2 DEFINITIONS.............................................................................................................................. 39
14.3 PROCEDURE ............................................................................................................................. 41
14.4 NOTICE OF LAYOFF .................................................................................................................. 42
14.5 SALARY IN EVENT OF DOWNGRADE ..................................................................................... 42
14.6 FRINGE BENEFITS .................................................................................................................... 42
14.7 RECALL ...................................................................................................................................... 43 ARTICLE 15 – TRANSPORTATION ................................ ................................ .........................44
15.1 TRANSPORTATION ................................................................................................................... 44
15.2 DRIVER LICENSE REQUIREMENTS ........................................................................................ 45 ARTICLE 16 – MISCELLANEOUS ................................ ................................ ............................45 iii
16.1 SELECTION OF VACANCIES .................................................................................................... 45
16.2 NEW OR REVISED JOB CLASSIFICATION .............................................................................. 46
16.3 NEW EMPLOYEE ORIENTATION ............................................................................................. 46
16.4 NEW EMPLOYEE INFORMATION ............................................................................................. 46
16.5 TRIAL PERIOD ........................................................................................................................... 47
16.6 NO STRIKE OR LOCKOUT ........................................................................................................ 47
16.7 SEPARABILITY ........................................................................................................................... 47
16.8 LETTERS OF REPRIMAND ....................................................................................................... 47
16.9 WITHDRAWAL OF DISCIPLINARY APPEAL ............................................................................ 48
16.10 REQUIRED LICENSES AND CERTIFICATIONS ....................................................................... 48
16.11 EMPLOYEE PERFORMANCE EVALUATIONS ......................................................................... 48
16.12 UTILITIES OPERATIONS AND MAINTENANCE SPECIALIST CLASSIFICATION .................. 49
16.13 PAYROLL ERRORS ................................................................................................................... 49
16.14 PERS RETIREMENT PLAN ........................................................................................................ 50
16.15 MODIFIED/ALTERNATIVE DUTY POLICY ................................................................................ 51
16.16 PROBATIONARY PERIOD ......................................................................................................... 51
16.17 USE OF VOLUNTEERS ............................................................................................................. 51
16.18 ZONAR OR OTHER GLOBAL POSITIONING SYSTEMS (GPS) & SAFETY STICKERS ........ 51
16.19 DEFERRED COMPENSATION PLAN ........................................................................................ 52
16.20 TERM .......................................................................................................................................... 52 Exhibit A – Continuing Letters of Understanding ................................ ................................ .......54
1 PREAMBLE
THIS AGREEMENT, hereinafter referred to as the Agreement, entered into by the City of Sacramento, hereinafter referred to as the City, and PLUMBERS AND PIPEFITTERS LOCAL #447, hereinafter referred to as the Union, has as its purpose the promotion of harmonious labor relations between the City and the Union, establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, hours of work, and other conditions of employment.
ARTICLE 1 – RECOGNITION
1.1 RECOGNITION
The City hereby confirms its prior certification of the Union as the recognized employee organization for the employees in the Water and Sewer Unit, as defined in the City's Employer -Employee Relations Policy. The City agrees to meet and confer and otherwise deal exclusively with the Union on all matters relating to the scope of representation pertaining to the said employees as provided under the City's Employer-Employee Relations Policy and authorized by law.
The Water and Sewer Unit as currently defined in the City's Employer -Employee Relations Policy includes the following classifications:
Assistant Water Cross-Connection Control Specialist
Utilities Locator
Utilities Operations and Maintenance Leadworker
Utilities Operations and Maintenance Serviceworker
Utilities Operations and Maintenance Serviceworker (Apprentice) Water Cross-Connection Control Specialist
The City shall have the right during the term of the Agreement to establish Career Development Trainee classifications. Such classifications shall have a flat hourly rate of pay equivalent to ten percent (10%) below Step 1, as applicable, of the salary range of the career classification, as shown in the current salary schedule. (For example, if the Step 1 hourly rate of pay is $9.00 for the career classification for which the career development training is being conducted, the flat hourly rate for the Caree r Development Trainee would be $9.00 minus 90¢ or $8.10.) An employee appointed as a Career Development Trainee shall have non -career (+1,040) status for purposes of benefit eligibility during the term of the appointment.
2 ARTICLE 2 – SOLE AGREEMENT
2.1 SOLE AGREEMENT
a. The City and the Union both agree that this Agreement, when signed by both parties hereto, and approved by the City Council, supersedes all other Agreements and supplements and represents the sole agreement between the parties.
b. If during its term, the parties hereto should mutually agree to modify, amend or alter the provisions of the Agreement in any respect, any such change shall be effective only if and when reduced to writing and executed by the authorized representative of t he City and the Union. Any such changes validly made shall become a part of this Agreement and subject to its terms.
ARTICLE 3 – CITY RIGHTS
3.1 CITY RIGHTS
In accordance with applicable laws, regulations, and the provisions of this Agreement, the City retains the sole and exclusive rights and responsibilities, (a) to direct employees in the performance of their duties; (b) to hire, promote, transfer and assign employees; (c) to classify employees; (d) to discipline employees; (e) to dismiss employees because of lack of work or for other reasonable and just cause; (f) to determine the mission of the Division and Department, its budget, its organization, the number of employees, and the number, types, classification and grades of positions or employees assigned to an organization unit, work project, or tour of duty, and the methods and technology of performing its work; (g) to take whatever action may be appropriate to carry out its mission in situations of emergency.
ARTICLE 4 – UNION RIGHTS
4.1 PAYROLL DEDUCTIONS
a. In addition to continuing existing payroll deductions under plans to which the City now is or shall hereafter be a contracting party, the City agrees to establish payroll deductions for members of the Union for ( 1) the normal and regular monthly Union membership dues ; and (2) monthly insurance premiums for plans sponsored by the City or Union, not to exceed three (3) insurance deductions per member, including other Union -sponsored programs.
3 b. All the above payroll deductions shall be subject to the following conditions:
(1) Such deductions shall be made pursuant to the terms and conditions set forth in this Agreement using the Union’s Member Enrollment Form (hereafter, “Member Enrollment Form”) agreed to be the City and Union. The member enrollment form shall include:
• Employee full name;
• Employee date of birth;
• Employee eCAPS ID number or the last four numbers of their Social Security Number;
• Amount or percentage to be deducted from employee’s bi - weekly paycheck for membership dues;
• Additional deductions (e.g., life insurance); and
• Any additional necessary information.
Any future changes or modifications to the member enrollment form shall be agreed upon between the City and the Union.
(2) Such deductions shall be made only upon submission of the member enrollment form, by the Union, to the Payroll Division, Department of Finance.
(3) Dues deductions shall occur over twenty -four (24) pay periods per year, which shall be the first two (2) paychecks each month. (4) The Union is responsible for submitting the member enrollment form to the Payroll Division, Department of Finance, any changes in the amount to be payroll deducted from the paychecks of employees who have so authorized. The City will remit to the Union a check for all of the deductions.
(5) When changes in the rates affect large groups of the Union’s members, the Union may, in place of the agreed upon member enrollment form, notify the Payroll Division, Department of Finance, by email, clearly defining the group of Union members affected and the new rate.
(6) Unless notified in writing by the Union of an employee’s request to cancel their union dues deduction(s), the City will continue to deduct dues, and/or any additional deduction(s) noted. Notification will be made to the Payroll Division, Department of Finance, utilizing the
4 member enrollment form notating in the “Additional Information” column that it is a membership cancellation.
(7) In the event that a union member is no longer employed in a classification covered under this Agreement, but remains an active employee of the City, the City may cancel their union dues deduction(s) without notification from the Union. Upon written notification by the Union, the City shall enroll new members and/or cancel existing membership as soon as practicable, not to exceed a period of thirty (30) calendar days after notification. (8) The Union shall maintain signed authorization forms by their members certifying that the dues and/or fee(s) deductions(s) are authorized and shall provide said authorization forms to the City in the event of a dispute regarding the existence or terms of su ch authorization.
c. The Union will promptly refund to the City any amounts paid to the Union in error under this Section. The Union expressly agrees to indemnify and hold the City harmless from any and all claims, demands, costs (including any costs incurred by the City in defense of a lawsuit), expenses, damages or other monetary losses arising out of or in any way connected with any action or inaction of the City in the adoption or administration of this Section. This hold harmless and indemnity agreement shall include, but not be limited to, employee legal actions of any sort or nature against the City based upon or related to this Section.
d. Within ninety (90) calendar days of adoption this Agreement by City Council, at the written request of the Union, the City and the Union shall schedule a meeting to discuss the Union Shop Stewards and Union Postings at job sites. Implementation of any changes shall only be upon mutual agreement.
Absent mutual agreement, the status quo shall continue.
ARTICLE 5 – GRIEVANCE PROCEDURE
The City and the Union agree to implement the following grievance procedure.
5.1 PURPOSE
a. This grievance procedure shall be used to process and resolve grievances arising under this Agreement except to the extent that the City Charter vests jurisdiction elsewhere. No matter shall be considered as a grievance under this Article unless it is presented in writing within thirty (30) calendar days after occurrence of the events on which the grievance was based. With the
5 consent of the City's third step representative the thirty (30) calendar day time limit for filing grievances may be extended.
b. The purposes of this procedure are:
(1) to resolve grievances informally at the lowest possible level; (2) to provide an orderly procedure for reviewing and resolving grievances promptly.
5.2 DEFINITIONS
a. A grievance is a good faith complaint of one or a group of employees, or a dispute between the City and the Union involving the interpretation, application, or enforcement of the express terms of this Agreement. b. As used in this procedure, the term "supervisor" means the individual who assigns, reviews and directs the work of an employee.
c. As used in this procedure the term "party" means an employee, the Union, the City, or their authorized representatives.
d. The employee retains all rights conferred by Sections 3500 et. seq., of the Government Code or Rules and Regulations of the Civil Service Board unless waived by such employee.
5.3 STEP ONE
An employee who believes they have cause for grievance may contact their supervisor alone. An employee who believes they have cause for grievance may contact their supervisor with their Shop Steward. If after discussions with the supervisor, the employee does not feel the grievance has been properly adjusted, the grievance may be reduced to writing. The grievance statement shall include the following:
a. A statement of the grievance clearly indicating the question raised by the grievance and the article(s) and section(s) of this Agreement. b. The remedy or correction requested of the City.
c. The grievance form shall be signed by the grieving employee, the date and time of presentation affixed thereto, and signed as received by the employee's Division Head.
d. The grieving employee's Division Head, or designee, shall give their answer to the grievance in writing within fourteen (14) calendar days from the time
6 they received the grievance in writing. The first step answer shall include the following:
(1) a complete statement of the City's position and the facts upon which it is based.
(2) the remedy or correction which has been offered if any.
5.4 STEP TWO
The appeal to the second step will be filed with the relevant department within fourteen (14) calendar days after receipt of the City’s Step One Response. The hearing of the grievance will be held within fourteen (14) calendar days of the second step appeal. The Union representative and designated departmental representative will meet in an effort to settle the matter. The City’s answer will be made within fourteen (14) calendar days after the hearing is held. The employee has fourteen (14) calendar days after receiving the City’s Step Two Response to determine whether or not to appeal the grievance to the third step.
5.5 STEP THREE
The appeal to the third step shall be made to the Labor Relations Manager or their designee. The Union's representative and the designated representative of the City will meet to hear grievance appealed to the third step. Grievance appealed to the third step of the grievance procedure shall be heard within fourteen (14) calendar days after the appeal to the third step of the grievance procedure is received by the Labor Relations Manager.
A written answer will be made within fourteen (14) calendar days after the hearing, stating the City's position.
5.6 ARBITRATION
a. If the third step answer is not satisfactory to the employee, the Union may appeal the grievance to arbitration. The request for arbitration must be given in writing to the Labor Relations Manager by the Union within fourteen (14) calendar days from the date of the third step answer.
b. An arbitrator may be selected by mutual agreement between the Union representative and the City's representative.
c. Should the representatives fail to mutually agree on an arbitrator they shall make a joint request to the American Arbitration Association for a list of five (5) qualified arbitrators. The parties shall alternate striking names from the list and the remaining person shall be accepted as the arbitrator. The first party to strike will be determined by the flip of a coin.
7 d. It is understood that the arbitrator will only interpret this Agreement and will in no instance add to, delete from, or amend any part thereof. The arbitrator's decision shall be final and binding on the City, the Union , and employee.
e. The fees of the arbitrator and the court reporter if used will be borne by the losing party.
f. Either party to this Agreement shall, upon receipt of a written grievance, have the right to refuse to handle such grievance if the aggrieved party has not followed the steps outlined in this Article for processing a grievance. g. If the City does not meet time limits, the Union may process the grievance to the next step of the grievance procedure. Time limits at each grievance step may be waived by mutual agreement of the parties.
h. A Shop Steward or a Union representative shall have the authority to settle grievances for the Union or employees at the respective steps of the grievance procedure.
5.7 WITNESSES
The City agrees that employees shall not suffer loss of compensation for time spent as a witness at an arbitration hearing held pursuant hereto. The Union agrees that the number of witnesses requested to attend , and their scheduling shall be reasonable.
ARTICLE 6 – SALARY ADJUSTMENTS
6.1 SALARY RANGE
The salary schedule shall consist of eight (8) steps with five percent (5%) between steps.
6.2 SALARIES
Effective July 1, 2023, all salary steps shall be increased by ten percent (10%).
This increase to all salary steps will be implemented within sixty (60) calendar days after the adoption of this Agreement by City Council. Only those employees who are on the payroll and who are employed in a classification covered by this Agreement on the date of implementation will receive the increase retroactively.
8 ARTICLE 7 – WATER AND SEWER INCENTIVE PROGRAM
7.1 CRANE/BACKHOE CERTIFICATION
Serviceworkers will receive five percent (5%) incentive pay when operating a crane that requires certification from the State of California, or when operating a backhoe.
ARTICLE 8 – SALARY ADMINISTRATION
8.1 ORIGINAL APPOINTMENT COMPENSATION RATE
The rate of compensation upon original appointment shall normally be Step 1, as applicable. However, if the City Manager or designee finds that the appointee has extraordinary qualifications, or that a higher step is necessary in order to recruit, appointment at any step in the range may be made. This provision shall apply to original appointments to career positions and appointments to non -career positions.
8.2 ADVANCEMENT IN RATE OF COMPENSATION
a. Advancement in Steps
(1) Upon successful completion of twenty -six (26) weeks (1,040 hours) of service, an employee shall be advanced to the next higher step of the salary range of the classification. Employees who thereafter maintain a normally satisfactory level of performance shall be advanced automatically at fifty-two (52) week (2,080 hours) intervals to succeeding steps of the assigned salary range.
(2) Time spent on leave of absence without pay of ten (10) or less consecutive workdays shall not affect the step increase eligibility date. For such leaves in excess of ten (10) consecutive working days, all leave time shall not count toward step increases. (3) An employee who has completed the required probationary period in their current classification and who is at a salary step lower than top step may be advanced to any higher step in the salary range for that classification at any time. Such step advancement under this provision shall not be subject to the grievance procedure and shall be at the sole discretion of the Department Head.
(4) This Section shall not apply to non-career employees.
9 b. Denial of Step Increase and Reduction in Grade
Employees who do not maintain a satisfactory level of performance may be denied advancement, and may be reduced within grade upon approval of the appointing authority. Employees in the civil service who are denied advancement, or who are reduced in grade, shall have the right to appeal to the Civil Service Board in accordance with its rules and regulations. (This subsection shall not apply to non-career employees.)
c. Effective Date of Step Increases/Payroll Changes
All payroll changes shall be effective on the first day of the bi -weekly pay period following the date the employee became eligible for a pay increase, which bi-weekly pay period shall begin at 12:01 a.m. Saturday of the first week, and end at 12:00 midnight on the Friday of the second week. d. Effective Date of Salary Step Increase Upon Extension of Probationary Period
(1) If the probationary period is extended due to light duty, sick leave, or injury-on-duty time, the salary step increase will be delayed for the period of the extension. However, the probationary period shall only be extended if the time exceeds thirty (30) consecutive calendar days.
(2) For an employee in a classification with a six (6) month probationary period who successfully completes the extended probationary period, the period of the extension shall be included in determining the eligibility date for the salary step increase. For example, an employee is appointed on January 4, 1986, and works in the regular assignment until April 11, 1986. On April 12, 1986, the employee is on injury-on-duty time until July 4, 1986 , and returns to the regular assignment on July 5, 1986. The employee successfully completes the probationary period on September 26, 1986. The effective date on the salary step increase is July 5, 1986, because the period April 12, 1986, to July 4, 1986, is included in determining the salary step eligibility date.
(3) When the probationary period is extended for an employee in a classification with a twelve (12) month probationary period who has successfully completed less than twenty -six (26) weeks of service, the employee shall be eligible for a salary step increase u pon successful completion of twenty-six (26) weeks of service, excluding the period of the extension. The period of the extension, however, shall be included in determining the eligibility date for the salary step increase. The effective date of the salary step increase is determined in accordance with the example given above.
10 (4) When the probationary period is extended for an employee in a classification with a twelve (12) month probationary period who has successfully completed more than twenty -six (26) weeks of service and who successfully completes the extended probationary per iod, the period of the extension shall be included in determining the eligibility date for the next salary step increase. The effective date of the salary step increase is determined in accordance with the example given above, except fifty -two (52) weeks is required rather than twenty-six (26) weeks.
(5) If a probationary period is extended due to an unpaid leave of absence, the period of such extension is excluded in determining the eligibility date for a salary step increase.
8.3 EFFECT OF CLASSIFICATION CHANGE ON RATE OF COMPENSATION a. Movement to a Higher Classification
When an employee moves from one classification to another which has a higher salary, through examination, appointment to an exempt position, temporary appointment in the absence of an eligible list, or reallocation, the employee shall receive an increase a t least equal to a full in -grade salary step (5%) or Step 1, as applicable, of the higher classification, whichever is greater, but not to exceed the maximum rate of the higher classification. b. Movement to Another Position in the Same Classification or to a Classification With the Same Salary Range
When an employee moves to another position in the same classification or to another classification with the same salary range, the employee shall maintain the same salary and same anniversary date.
c. Movement to a Lower Classification
When an employee's position is reallocated to a classification with a lower salary range, the employee shall suffer no reduction in salary, and the Y - rate provisions of this Agreement shall apply. The salary of an employee who voluntarily demotes shall be that salary step nearest but does not exceed such salary paid in the previous classification.
8.4 EFFECT OF CHANGE OF SALARY RANGE UPON COMPENSATION
Whenever the salary range of a classification is adjusted upward, the salary rate of each employee in the classification shall be adjusted to the step in the new range which corresponds to the step received in the former range, and the employee shall retain the current anniversary date for further increases within the new range.
11 8.5 RATE OF COMPENSATION UPON RETURN TO CITY SERVICE a. An employee recalled after layoff, reinstated after a leave of absence, or reemployed in the same classification after resignation shall return to the same salary step paid at the time of departure. Employees recalled, reinstated, or reemployed shall maintain the salary range based on their original date of hire, and the period of time separated from City service shall not be included in the calculation of the anniversary date for future in-grade salary adjustments.
b. If the employee is reemployed after resignation to a classification lower than that in which last employed, the employee may receive any step, but not to exceed the salary of the classification in which last employed. If that step is other than the maximum step of the salary range, the anniversary date for subsequent in-grade adjustments shall be twelve (12) months from the date of reemployment and each year thereafter until the maximum step of the salary range is reached.
8.6 RATES HIGHER THAN STEP TOP STEP (Y-RATE)
Whenever the salary of an employee exceeds top step of the salary range established for a classification, such salary shall be designated as a "Y -rate." During such time as an employee's salary remains above the top step , the employee shall not receive further salary increases, except that upon promotion to a higher classification, the employee shall immediately advance to the step of the range of the higher classification next above the "Y -rate," and be eligible for advancement to succeeding steps in the range as outlined in this Agreement. In the event an employee is "Y-rated" below top step, the employee shall be permitted to advance to the maximum step of the original range.
8.7 LONGEVITY PAY
Employee eligibility for longevity pay shall be determined as provided in Section 108 of the City Charter . The amount to be paid annually on the second check in July after twenty (20) years of City service shall be one hundred dollars ($100.00), and after twenty-five (25) years of City service, an additional two hundred dollars ($200.00), for a total of three hundred dollars ($300.00). The parties acknowledge that Longevity Pay is provided for in the City Charter and not through this Agreement. In the event that changes are made to the City Charter, those changes shall supersede the provision of this Agreement regarding Longevity Pay.
Longevity Pay as provided in this Section shall be reported to CalPERS in a manner consistent with CalPERS rules for reporting special compensation, as amended.
12 ARTICLE 9 – HEALTH AND WELFARE
9.1 CONTRIBUTION TO FULL-TIME AND PART-TIME CAREER EMPLOYEES a. The City shall administer a Cafeteria Plan (Plan) benefits program for employees consistent with Internal Revenue Code Section 125. The details of Plan eligibility and operational requirements are set forth in Plan documents. The City shall make contributions (City dollars) as defined below. One-half ( 0.5) of the City contributions will be made to eligible employees on the first two (2) paychecks (Eligible Paycheck) in each month for insurance coverage the first and second halves of that month, respectively.
b. The amount of City contribution as provided in Section 9.3(b) (1 -3) and (c) for each of the first two paychecks of each month shall be based on the number of hours for which the employee was paid in that bi -weekly pay period: 64 or more hours paid = 100% c ontribution; 40-63.9 hours paid = 50% contribution.
c. Eligible employees shall receive the City contribution for each Eligible Paycheck on which the employee is paid for forty (40) or more hours.
Employees who are paid less than forty (40) hours on an Eligible Paycheck may continue elected coverage limited to the City's medical, dental, and vision plans for up to six (6) months or the period of time permitted by Consolidated Omnibus Budget Reconciliation Act (COBRA), whichever is greater, by personal remittance or other arrangement for payment of the full premiums of any insurance elected to be continued.
d. Notwithstanding Sections 9.1(b) and 9.1(c), eligible employees shall continue to receive a City contribution for each Eligible Paycheck during: (1) an approved leave of absence, if required by state and/or federal law; or (2) while suspended from service without pay.
e. All terms and conditions of medical, dental, vision, disability, and basic life insurance sponsored by the City will be as outlined in certificates of coverage and related insurance contracts.
9.2 CONTRIBUTION TO NON-CAREER EMPLOYEES
a. The City shall contribute City dollars as provided below, on either a 100% or 50% basis, for non -career (+1,040) employees. Except as provided herein, the City contribution shall be applied toward the premiums for City- sponsored medical, dental, and vision insurance plans for eligible employees and qualified dependents, if any. The amount of City contribution as provided in Section 9.3(b) (1-3) and (c) for each of the first two (2) paychecks of each month shall be based on the number of hours for which
13 the employee was paid in that bi-weekly pay period: 64 or more hours paid = 100% contribution; 40-63.9 hours paid = 50% contribution. b. To be eligible for City contribution under this Section, the non -career employee must be paid for a minimum of forty (40) hours of work on each paycheck. If the employee fails to be paid for the minimum forty (40) hours necessary to receive the City contribution, the City shall deduct from the employee's first two (2) paychecks each month the amount needed to pay for the insurance plans which the employee has selected. If this deduction from the employee's first two (2) paychecks each month cannot be made in its entirety, it is the responsibility of the individual employee to pay for the remaining amount. Failure to do so before the end of the calendar month including such paycheck(s) shall automatically drop the employee from the City-sponsored insurance program until the next open enrollment period.
9.3 AMOUNT OF CONTRIBUTION
a. Employees Enrolled in an Account-Based Health Plan (ABHP) (1) The ABHP is a combination of a High Deductible Health Plan (HDHP) and a Health Savings Account (HSA).
(2) For employees enrolled in an ABHP, the City contributions shall be as specified in section 9.3(b), below. To the extent the premium for the ABHP is less than the City contributions outlined in (b), below, any excess City contribution shall be credited to the employee’s Health Savings Account (HSA) to the extent allowed by law. b. City Contributions
(1) Employee Only
(a) For full -time employees enrolled in City -sponsored medical plan for employee only, the City contribution shall be $838.00 per month.
(b) Effective December 30, 2023, for full-time employees enrolled in a City-sponsored medical plan for employee only, the City contribution shall be $955.00 per month.
(2) Employee Plus One (1) Dependent
(a) For full -time employees enrolled in City -sponsored medical plan for employee plus one (1) dependent, the City
contribution shall be $1,333.00 per month.
14 (b) Effective December 30, 2023, for full -time employees enrolled in a City -sponsored medical plan for employee plus one (1) dependent, the City contribution shall be $1,520.00 per month.
(3) Employee Plus Two (2) or More Dependents
(a) For full -time employees enrolled in City -sponsored medical plan for employee plus two (2) or more dependents, the City contribution shall be $1,777.00 per month.
(b) Effective December 30, 2023, for full time employees enrolled in a City -sponsored medical plan for employee plus two (2) or more dependents, the City contribution shall be $2,026.00 per month.
(4) Any necessary retroactive healthcare contributions that arise as a result of the increased contributions described in Sections
9.3.b(1)(b), 9.3.b(2)(b), and 9.3.b(3)(b) shall be made by the City within sixty (60) calendar days of adoption of this Agreement by the City Council.
c. Employees not enrolled in a City -Sponsored medical plan shall receive up to $747 .00 per month to purchase City -Sponsored dental and vision coverage.
d. Part-time employees shall be prorated as indicated in subsection 9.1(b). e. Effective the first paycheck of 2025 , for plan year 2025, the City shall contribute fifty percent (50%) of the first fifty dollars ($50 .00) of premium increases, up to a total City dollar maximum contribution of twenty -five dollars ($25 .00) per month, toward the cumulative total increase in premiums, from plan year 2024 to plan year 2025, of the benchmarked plans (twenty-five dollar ($25.00) Kaiser HMO, Delta Dental PPO, & VSP basic vision plans). The employee shall be responsible for any premium increase(s) which exceed this amount.
f. If all City bargaining units agree to the change, employees who are eligible to receive the City contribution who do not provide proof of other group medical coverage or do not enroll in City medical coverage within thirty (30) calendar days of being eligible for the City’s contribution shall be enrolled in the lowest cost ABHP medical plan for employee only coverage. If all City bargaining units do not agree to the change, the City will continue to enroll such employees in the lowest cost traditional HMO medical plan for employee only coverage.
15 g. Employees shall not receive any unused portion of the City contribution as cash.
9.4 COVERED DEPENDENTS
a. An employee who has a domestic partner, and has a notarized City provided “Declaration & Understanding of Partnership Status for City of Sacramento Employee Health Benefits” dated on or before January 23, 2018, may cover the domestic partner under the employee's City-sponsored medical, dental, or vision plan. The employee will pay for the premium difference for the domestic partner coverage as an out-of-pocket employee cost. In no event will the City's monthly health and welfare contribution be used to pay for the cost of the domestic partner's coverage. b. An employee who has a domestic partner, and is registered with the Secretary of State of the State of California, may cover the domestic partner and/or the domestic partner’s children, under the employee’s City sponsored medical, dental or vision plan. Emp loyees with registered State of California domestic partners shall receive the City contribution as specified in Section 9.3.
c. The following eligible dependents qualify to be enrolled on a City medical, dental, or vision plan: lawfully married spouse or registered domestic partner; children up to age 26 who are an employee’s natural child, stepchild, adopted child, or the natural or adopted child of an employee’s spouse or registered domestic partner; children up to age 26 who are placed under the legal guardianship of an employee , the employee’s spouse, or employee’s registered domestic partner; children up to the age of 26 in which the City has received notice of a Qualified Domestic Relations Order of required coverage; and disabled unmarried children over the age of 26 who reside with the employee. The definition of dependent child for purposes of medical insurance shall also be in accordance with the Patient Protection and Affordable Care Act (PPACA).
d. An employee covered as a dependent of another City employee may not enroll in a City medical plan but may enroll in a city dental and/or vision plan.
9.5 CASH-BACK LIMITS
a. The cash -back of City dollars shall be limited to $200 .00 per month for career employees who waive City-sponsored medical insurance. Part-time employees shall be prorated as indicated in 9.1(b). Cash-back shall not be included in the employee’s regular rate of pay when determin ing such rate for contract overtime.
b. New employees or employees who are not receiving the cash-back prior to December 1, 2014, shall not be eligible for the cash-back option.
16 c. Employees transferring to classifications covered by this Agreement who are receiving cash-back at the time of transfer may maintain the cash-back option as long as they continuously waive City -sponsored medical insurance.
9.6 LIFE INSURANCE
a. The City provide s basic life insurance in an amount of $ 10,000 to each eligible career employee at no charge. Employees may purchase, at their own expense, additional life insurance of $40,000.
b. Employees may also purchase, at their expense, supplemental life insurance at an amount of up to three (3) times their annual salary, subject to limitations specified by the insurance carrier.
9.7 FLEXIBLE SPENDING ACCOUNTS
The City shall offer the following Flexible Spending Accounts (FSA) as permitted by Internal Revenue Service Regulations:
a. Out-of-pocket costs for City -sponsored medical, dental, and vision insurance plans;
b. Unreimbursed health care expenses; and
c. Dependent care reimbursement.
The City shall provide a summary of IRS rules on flexible spending limits during each open enrollment to employees.
9.8 RETIREE HEALTH SAVINGS ACCOUNT
Employees shall contribute ten dollars ($10.00) per pay period, which shall be on a pre -tax basis to the extent allowed by law. The plan shall allow both City contributions as well as mandatory pre-tax employee contributions; however, there shall be no City contributions to the RHSA.
9.9 RETIREES OR SURVIVOR DEPENDENTS
Eligible City retirees or survivor dependents shall receive City -paid retiree insurance contributions for medical, dental, and vision insurance benefits under the following provisions:
a. The maximum City contribution towards the purchase of medical, dental, or vision insurance for retirees is $300 .00 per month for the retiree. A retiree with one (1) or more dependent(s) enrolled on the retiree’s medical plan shall receive an additional $65.00 per month, for a total maximum monthly
17 contribution of $365.00. Retirees shall not receive any unused portion of the City contribution as cash.
b. Employees Retiring on or After July 1, 1992
(1) Except as provided below, to be eligible for the City ’s retiree insurance contribution, the employee must retire from active service with a minimum of ten (10) full years of City service for a service or ordinary disability retirement, and be minimum age fifty (50). (2) Employees retiring with thirty (30) or more years of City service shall be eligible for the City's retiree insurance contribution effective with the date of retirement without regard to age.
(3) The City's retiree insurance contribution shall be as follows:
(a) Employees with a minimum ten (10) full years of City service but less than fifteen (15) full years of City service shall be eligible to a maximum of fifty percent (50%) of the City's maximum retiree insurance contribution identified in
subsection 9.9(a) above.
(b) Employees who retire with a minimum fifteen (15) full years of City service but less than twenty (20) full years of City service shall be eligible to a maximum of seventy -five percent (75%) of the City's maximum retiree insurance contribution identified in subsection 9.9(a) above.
(c) Employees with a minimum of twenty (20) full years of City service shall be eligible for up to one hundred percent (100%) of the City's maximum retiree insurance contribution identified in subsection 9.9(a) above.
(4) There shall be no City-paid retiree insurance contribution for retirees with less than ten (10) full years of City service.
(5) An employee who does not retire from the Sacramento City Employee Retirement System (SCERS) or the California Public Employee Retirement System (CalPERS) within one-hundred twenty (120) days form the date of separation from City service shall not be eligible for the City retiree insurance contribution and may not enroll in a City medical, dental, or vision plan.
18 c. Retiree Insurance Contribution for Persons in Deferred Retirement Status as of January 1, 1991
Employees who have elected a deferred retirement prior to January 1, 1991, and who then elect to retire on or after July 1, 1992, and before December 9, 2017, shall be eligible for the City's retiree insurance contribution as follows:
(1) A retiree with at least ten (10) full years of City service shall be eligible for fifty percent (50%) of the City's retiree insurance contribution as identified in subsection 9.9(a) above.
(2) A retiree with twenty (20) full years or more of City service shall be eligible for one hundred percent (100%) of the City's retiree insurance contribution as identified in subsection 9.9(a) above. (3) Retirees must be at least fifty (50) years of age.
(4) There is no eligibility for retiree insurance contribution for retirees with less than ten (10) full years of City service or who have not attained the age minimum specified in subsection 9.9(b)(1) above. d. Pre-Medicare Retirees
Pre-Medicare retirees who are not eligible for Medicare benefits may elect to participate in a City -sponsored medical plan or purchase an individual medical plan. A retiree who elects to purchase an individual medical plan not sponsored by the City shall only be eligible to enroll in a City medical plan if the retiree enrolls with an effective date of cov erage which is within two (2) years from the date their prior City medical coverage terminated. e. Medicare Eligible Retirees
In order to maintain eligibility for the City retiree insurance contribution, each eligible retiree and eligible dependent(s) shall enroll in Medicare Parts A and B immediately after becoming eligible for such benefits. Medicare retirees may elect to participate in a City -sponsored Medicare medical pl an or purchase an individual Medicare medical plan.
Medicare retirees who have enrolled in Parts A and B after becoming eligible for such benefits may elect to participate in a City -sponsored Medicare medical plan without restriction to the amount of time the retiree has waived a City-sponsored medical plan . Medicare retirees may only enroll on their City-sponsored Medicare medical plan a Medicare eligible dependent(s) who has enrolled in Parts A and B.
19 Medicare retirees who are eligible for Medicare Parts A and B and who elect to purchase an individual medical plan shall only be reimbursed the cost of the individual premiums associated with a Medicare Advantage, Medicare Supplemental, and/or Medicare Pre scription Drug plan up to their eligible City contribution.
f. Retiree Insurance Contribution Exclusion
Retirees who participate in another group medical plan as an employee or dependent spouse shall not be eligible for the City contribution outlined above.
g. Industrial Disability or Death in Line of Duty Survivors Retirees who receive industrial disability pensions or death in -line-of-duty survivors shall be entitled to one hundred percent (100%) of the City -paid retiree insurance contribution for retirees regardless of years of service. h. Survivor Dependents Benefits
Survivor dependents of eligible retirees shall continue to receive the retiree insurance contribution of up to $300.00 for the survivor only or up to $365.00 for the survivor and eligible dependents(s).
Eligible dependent as used in this Section, is defined as a dependent who was eligible to be enrolled on the retiree’s benefit plan at the time of the retiree’s death.
i. Limitation Clause
No employee or retiree shall have any rights provided by this Section 9. 9 after July 11, 2025.
j. Elimination of Retiree or Survivors Dependents Benefits for Employees Hired After November 15, 2014
Unless otherwise required by law, no employee hired , rehired, or reemployed after November 15, 2014, shall be eligible for any of the benefits provided in Section 9. 9. Employees being recalled from layoff, reinstated consistent with the Rules and Regulations of the Civil Service Board, Rule
10.6, or transferring to classifications covered by this Agreement after November 15, 2014, shall be eligible for the benefits provided by this Section only if the transferring employee was eligible for retiree or survivor dependent benefits at the time of layoff, reinstatement, or transfer.
20 k. Resuming Retiree or Survivor Dependents Benefits for Eligible Personnel Who Unretire from City Service and Subsequently Re -Retire from City Service On/After January 13, 2024
Individuals retired from classifications represented by the Union who are eligible for retiree or survivor dependents benefits under Section 9.9 shall have these benefits suspended if they elect to unretire and return to active employment with the City of Sacramento.
Notwithstanding Section 9.9(j), upon re -retirement from a classification represented by the Union, retirees who were eligible for retiree or survivor dependents benefits under Section 9.9 at the time of their first retirement, shall receive the City contribution to which they were entitled upon their original retirement date. Years of service during the employee’s return to active employment will not be used to determine any employee’s entitlement to the City’s retiree insurance contribution under Section 9.9.
Example: An employee retires from a classification represented by the Union with fifteen (15) years of City service. The employee is eligible for 75% of the City’s retiree insurance contribution. The individual unretires and works in a Union represented classification for another ten (10) years. When the employee re -retires, the employee is only eligible for the fifteen (15) year contribution amount, irrespective of any additional years of service worked for the City.
ARTICLE 10 – LEAVES
10.1 RECOGNIZED HOLIDAYS
a. The following shall be the recognized holidays under this Agreement:
Holiday Date
New Year's Day January 1
Martin Luther King's Birthday Third Monday in January
Washington's Birthday Third Monday in February
Cesar Chavez's Birthday March 31
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Day Friday after Thanksgiving
Christmas Eve (4 hours) December 24
Christmas Day December 25
New Year's Eve (4 hours) December 31
21 b. Eligibility
(1) To be eligible for holiday pay, the employee shall work the last scheduled workday before and after the recognized holiday. Paid time on vacation, sick leave or CTO shall be considered hours worked for the purpose of holiday pay eligibility. An employee absent due to a disciplinary suspension shall not be considered to have missed a scheduled workday for the purpose of holiday pay eligibility. (2) A part -time career employee or a non -career (+1,040) employee shall receive the recognized holiday benefit based upon the number of hours the employee was paid in that workweek as follows:
Number of
Recognized Holidays
In the Workweek
Minimum Number of Paid
Hours in the Workweek
50% Benefit 100% Benefit
0.5 18 28.8
1.0 16 25.6
1.5 14 22.4
2.0 12 19.2
An employee paid for less than the minimum number of hours required for the fifty percent (50%) benefit shall receive no recognized holiday benefit.
c. If the recognized holiday falls on a Saturday, the preceding Friday shall be considered the employee's holiday.
d. If the recognized holiday falls on a Sunday, the following Monday shall be considered the employee's holiday.
e. If the holiday falls upon such employee's vacation, the employee shall receive an additional vacation day off with pay.
f. Accrual of Leaves Over 24 Pay Periods
The accrual of leaves shall occur over twenty-four (24) pay periods, on each of the first two (2) paychecks each month . Leave accrual rates for each paycheck in which accrual occurs shall be as specified in Sections 10.1(g),
10.2, and 10.3 below.
22 g. Floating Holidays
(1) Accrual
In addition to the recognized holidays specified above, each employee shall receive the equivalent of two (2) floating holidays per calendar year accrued as follows:
(a) Full-time career employees shall accrue forty (40) minutes of floating holiday on each of the first two (2) paychecks each month as long as the employee is in paid status forty (40) or more hours on the paycheck that the accrual would occur. (b) A part-time career employee, including an employee in a work sharing program or a non -career (+1,040) employee shall accrue floating holiday credit based on the number of hours for which the employee was paid in that bi-weekly pay period:
64 or more hours paid = 100% contribution; 40 -63.9 hours paid = 50% contribution.
(2) Administration
(a) The scheduling of floating holiday time must be approved in advance by the appointing authority or designated
representative.
(b) An employee may carry over from the preceding calendar year a maximum of eight (8) hours of floating holiday. All floating hours accrued and not used in excess of eight (8) hours shall be paid to the employee at the employee’s
straight-time hourly rate of pay on the final paycheck of the calendar year in which it was earned.
(c) An employee separating from City employment for any reason shall be paid for all accrued floating holiday time at the straight-time hourly rate of pay.
h. Holiday Credit Accumulation
Employees may accumulate holiday credit up to a maximum of eighty (80) hours. All accrued holiday time in excess of eighty (80) hours in any bi - weekly pay period shall be paid to the employee at their straight-time hourly rate of pay. Holiday credit may be taken by the employee at the discretion of the Department Head. Employees may use up to forty (40) hours of holiday accrual in conjunction with scheduled vacation, with the approval of the Department Head.
23 10.2 VACATION ADMINISTRATION
a. Vacation Leave Accrual
(1) Employees earning eighty (80) hours each year shall accrue at three (3) hours, twenty (20) minutes on each of the first two (2) paychecks each month.
(2) Employees earning one hundred twenty (120) hours each year shall accrue at five (5) hours on each of the first two (2) paychecks each month.
(3) Employees earning one hundred sixty (160) hours each year shall accrue six (6) hours, forty (40) minutes on each of the first two (2) paychecks each month.
(4) Employees who are eligible to receive a cash payment in -lieu of vacation leave, as provided for in Article 8 Section 107(d) of the Sacramento City Charter, may make an irrevocable election to receive such payment by foregoing the same number of vacation hours in the calendar year following the election. Notification of the election must be made to the Payroll Division, Department of Finance, in writing by November 30 . The in -lieu payment will be made to the employee on the last paycheck in March of the calendar year following the election. Payment shall be made at the straight time hourly rate of pay the employee is receiving at the time payment is made. If the employee electing the in-lieu payment separates from City employment for any purpose before receiv ing the in -lieu payment, the employee forfeits any right to receive the payment, but will instead have their vacation leave balances credited with the amount of hours that would have accrued from January 1 to the last day of employment.
b. Integration of Vacation With Workers Compensation
Where a career employee sustains an injury covered by workers' compensation and has utilized all of the one year "injury -on-duty time" as provided under City Charter Section 253, or former City Charter Section 167, as the case may be, and consequently is receiving straight workers' compensation temporary disability payments, the employee will be allowed to utilize (while off work) accrued vacation time in partial day increments in addition to receiving workers' compensation temporary disability payments with the total aggregate payment of temporary disability and vacation pay not to exceed one hundred percent (100%) of the employee’s regular rate of pay. As a condition of so using such accrued vacation, however, the employee is required to continuously utilize accrued vacation until accrued
24 vacation is exhausted or they return to work. This provision also applies to any accrued leave with the exception as noted in 10.3, Sick Leave. c. Vacation Scheduling for Career Employees
The time at which the employee shall be granted a vacation is at the approval of the Department Head in accordance with a policy and procedure developed by the Department. The Department shall determine the number and classification of employees who can be off on vacation on any given day. However, in an effort to accommodate the employee’s requested vacation schedule the Department shall open to bid vacation scheduling during the month of November each year. The department shall determine the number of days/hours bid on each rotation. Classification seniority shall govern where more than one (1) employee bids for the same period in the same round. In case of a tie related to classification seniority, the employee with the greatest amount of continuous City service shall be senior. d. Vacation Scheduling for Non-Career Employees
Non-career employees shall be eligible to request vacation after career employees have done so. Non-career employees shall bid for vacation on the basis of seniority in the same manner as set forth above.
10.3 SICK LEAVE
a. Accrual and Usage
(1) A full-time employee shall accrue sick leave at the rate of four (4) hours on each of the first two (2) paychecks each month which may be used at the discretion of the employee in the event of illness or injury which is not job -related. In accordance with the Rules and Regulations of the Civil Service Board, one -third (1/3) of the employee’s accrued sick leave may be used after exhaustion of injury-on-duty time; however, the combination of temporary disability payments and sick leave pay shall not exceed one hundred percent (100%) of the employee’s regular rate of pay. Such usage shall not exceed the maximum amount of the employee's accumulation. A part-time career or non -career (+1,040) employee shall earn sick leave on a pro rata basis.
(2) Employees who have at least four hundred and eighty (480) hours of sick leave on the last day of the pay period ending on or before November 1 of any calendar year, may make an irrevocable election to forego the accrual of not more than twenty-four (24) hours of sick leave during the following calendar year and receive instead, a cash payment for the number of sick leave hours designat ed in the election.
25 (3) Notification of the irrevocable election must be made in writing to the Payroll Division, Department of Finance, in writing between November 1 and November 30. The payment will be made on the last paycheck in May of the calendar year following the irrevoca ble election. Payment shall be made at the hourly rate of pay the employee is receiving at the time payment is made.
(4) If the employee electing the payment is separated from City employment before receiving the payment, the employee forfeits any right to the payment, but will instead have their sick leave balances credited with the sick leave hours the employee would have accrued from January 1 following date of election to the last day of employment.
b. Sick Leave Cash-out/Conversion to PERS Service Credit (1) PERS
(a) PERS members hired prior to January 1, 2005, with more than twenty (20) years of City service, shall be eligible to cash out sick leave and/or convert sick leave to PERS service credit upon separation as follows:
(i) Eligible employees may receive payment for thirty - three and one-third percent (33-1/3%) of the total sick leave credits accumulated (to the nearest full day) by
the employee on the date of such retirement,
resignation, or layoff.
(ii) Eligible employees with an effective retirement date from PERS within one hundred twenty (120) calendar
days of their separation from City service may also
convert any or all of their total sick leave credits
accrued, less any payment received pursuant to
subparagraph (i), above, to PERS service credit as of
the date of their retirement consistent with and
pursuant to the PERS contract with the City , as
amended.
(iii) Individuals identified pursuant to California
Government Code Section 53245 as being the person
designated on the employee's "Designation of Person
Authorized to Receive Warrants," or in the absence of
an identified person pursuant to California Government
Code Section 53245, persons entitled by law to the
possession of the estate of a deceased employee who
was eligible to cash out sick leave credits pursuant to
26 subparagraph (i), above, may receive payment for
thirty-three and one-third percent (33-1/3%) of the total sick leave credits accumulated (to the nearest full day) by the employee on the date of the employee's death.
(b) Employees hired, rehired, or reemployed on or after January 1, 2005, shall not be eligible for payment of any portion of accumulated sick leave credits upon retirement, resignation, or layoff regardless of their years of service . However employees hired, rehired, or reemployed on or after January 1, 2 005, may convert the ir remaining sick leave balance to service credit consistent with law and pursuant to the PERS contract with the City upon separation of employment for retirement.
(c) No employee whose services are terminated by reason of discharge for cause, shall be eligible for payment of any portion of accumulated sick leave credits.
(2) SCERS
Upon termination of any employee eligible to accumulate sick leave credits for reasons of retirement, resignation, or layoff after service for a period of not less than two (2) years, or death, such employee (or those entitled by law to the possession of t he estate of a deceased employee) shall receive payment for thirty-three and one- third percent (33-1/3%) of the total sick leave credits accumulated (to the nearest full day) by the employee on the date of such retirement, resignation, layoff, or death. No employee, whose services are terminated by reason of discharge for cause, or by reason of resignation or layoff prior to the completion of two (2) years’ service, shall be eligible for payment of any portion of accumulated sick leave credits.
c. Reinstatement of Sick Leave After Return From Layoff Any employee who is laid off and receives payment for thirty-three and one- third percent (33-1/3%) of their total accumulated sick leave credits shall be credited with the remaining sixty -six and two -thirds percent (66 -2/3%) of their accumulated sick leave credits if and when said employee is recalled.
If said employee thereafter leaves City service after being recalled and is entitled to payment of their accumulated sick leave credits under this Section, said employee shall only receive payment for thirty-three and one- third percent (33-1/3%) of those sick leave credits which accrued after the date of recall.
27 d. Except as provided herein, no payments made or sick leave credits accumulated shall be construed or deemed to constitute retirement benefits payable to employees of the City.
e. The Rules and Regulations of the Civil Service Board relating to the administration of sick leave privileges and benefits and the Citywide Sick Leave Policy shall apply to all eligible employees.
10.4 PARENTAL LEAVE
a. The Pregnancy Disability Leave Policy shall apply to all employees, regardless of gender, with the following provisions:
(1) Full-time career employees shall be eligible for a maximum City-paid parental leave of four (4) weeks consisting of up to one hundred-sixty (160) hours of continuous paid time off. Part-time career employees shall be eligible for up to eighty (80) hours of continuous City -paid time off during the four (4) week parental leave. Unused parental leave shall have no cash value. Non-career employees are not eligible for the four (4) weeks of City-paid parental leave. (2) To be eligible for the paid leave an employee must have completed at least three (3) years of City service from the most recent date of hire, preceding either (a) the birth of a child who resides with the employee and for whom the employee has legal custody, or (b) the adoption of a child under age four (4) who resides with the employee and for whom the employee has physical and legal custody. Court- appointed legal guardians and foster parents do not qualify for parental leave.
(3) Eligible employees shall have the right to only one leave of absence per pregnancy or adoption regardless of the number of children involved (e.g., twins). The duration of City -paid leave shall not change based on a change in employment status, such as from part- time to full-time career.
(4) Upon return from parental leave on the date previously authorized, employees shall be reinstated in the former department and in the classification last held.
(5) Eligible employees shall have the right to extend parental leave beyond the four (4) weeks of City-paid leave to the maximum six (6) months of leave by adding accrued and available hours of sick leave, vacation, compensatory time off (CTO), accrued holiday , and/or unpaid leave to their initial request for parental leave. The total period of absence from work, including the four (4) weeks of paid parental leave, shall not exceed six (6) months.
28 (6) Paid parental leave shall be considered as time worked for purposes of eligibility for recognized holidays occurring during the leave. b. The City shall have the right to promulgate a policy and procedure to implement and administer parental leave.
10.5 CATASTROPHIC LEAVE PLAN
a. A benefit -qualified employee may donate to or receive from an unrepresented employee, or a represented employee whose bargaining agreement provides for such donation or receipt, usable vacation, floating holiday, management leave, or CTO hours. Participation in this plan shall be voluntary. Sick leave may not be donated under this plan. b. All donations shall be made and accepted in writing using City -provided forms.
c. The donation in any category must be a minimum of eight (8) hours of usable time.
d. Donations shall be on an hour-for-hour basis, regardless of the pay rates of the donor and recipient, except hours transferred between employees on the Fire Suppression (56 hours) schedule and the non-Fire Suppression (40 hours) schedule shall be adjusted by a factor of 1.4 to 1. e. Hours to be donated shall be kept in a pledge status until used. As needed, pledged hours shall be debited from the donor's leave balance and credited to the recipient's usable vacation accrual balance. Once credited, the donation becomes irrevocable. A donor terminating for any reason shall be paid for pledged but unused leave time.
f. To be eligible to use donations, an employee must:
(1) be incapacitated and unable to work due to a prolonged catastrophic non-industrial illness or injury which is estimated to last for at least thirty (30) calendar days;
(2) have exhausted all usable balances, including sick leave; (3) be on an approved leave of absence.
g. All donated hours must be used on a continuous and uninterrupted basis and will be paid at the rate of pay and normal work schedule of the recipient, along with all usable hours accrued, until the earliest of the following events occurs:
29 (1) All leave balances, including both donated and accrued leave, are exhausted; or
(2) The employee returns to work at their normal work schedule; or (3) The employee's employment terminates.
h. Donations received while a recipient is still utilizing previously donated and related accrued leave time may be used immediately thereafter. Hours donated subsequent to exhausting all donated hours shall be accumulated and utilized along with related accrued leave hours in amounts equal to the recipient's normal bi-weekly work hours.
i. Used donated leave time shall count toward the application of City service and benefits in the same manner as when the employee is on paid vacation leave.
j. Used donated leave time shall be subject to the recipient's normal payroll deductions.
10.6 COURT LEAVE
a. When an employee is absent from work to testify in response to a subpoena issued by a court of competent jurisdiction in a non-work-related matter to which the employee is not a party, or to serve on a jury or to report for jury duty examination, the employee shall be granted pay for those hours which the employee is absent for such reason. The City may require the employee to elect to be on telephone alert and remain on the job until such time as called to testify or serve jury duty. When an employee is required to be on telephone alert, the employee will cooperate with the court or jury commissioner and the City will be responsible to ensure that the employee is available. Pay for work time lost shall be computed at the employee's regular rate of pay at the time of such absence. The employee shall return all witness fees or jury remuneration received, less transportation allowance, to the City.
b. If a swing shift or graveyard shift employee has served in excess of one - half the scheduled shift in court or on jury duty, the employee will notify the supervisor in advance of the start time so they will be excused from the shift.
If the employee is in court or on jury duty less than one-half of the shift, the employee will be required to work.
c. In lieu of the shift after service on court leave, a graveyard shift employee may request to take off the shift prior to court leave, provided that if the employee serves less than one-half of the shift, they will be required to use vacation or other leave accruals to cover the shift.
30 d. To receive pay for work time lost, an employee must provide the City with a statement signed by an official of the court certifying the employee's service as a witness or juror or appearance in court for such purposes, the date or dates of attendance, the time released from attendance , and the compensation paid exclusive of any transportation and subsistence allowance.
e. When a non-career employee is regularly scheduled to work and is ordered to report to testify or for jury duty said employee shall be entitled to court leave benefits in accord with the above-stated procedure.
10.7 PERSONAL TIME OFF (PTO)
a. Full-time career employees who have completed ten (10) full years of City service shall be credited with twenty -four (24) hours of personal time off (PTO). Part-time career employees shall be credited with a prorated amount of PTO based on their regular schedule. Eligible employees will receive this PTO each year on the paycheck representing the first full pay period that includes January 1.
b. Employees who separate service and who are subsequently reemployed, pursuant to Article 14.2(b)(5)(a), into a classification covered by this Agreement, will receive credit toward PTO eligibility for their previous years of City service upon successful completion of probation, on a go -forward basis. For purposes of determining eligibility to receive PTO, pursuant to this paragraph, an employee must complete probation prior to January 1 of the calendar year in which it is provided.
c. PTO shall not accumulate from year to year and shall have no cash value.
If an employee is unable to use all of the time by the end of the calendar year based on operational need, the department may approve carry-over to the next year. In all other cases, the time shall be forfeited.
10.8 BEREAVEMENT LEAVE
An employee may receive up to twenty-four (24) hours of City -paid leave for bereavement based on the death of the employee’s spouse, parent, sibling, child, grandchild or grandparent as defined herein. The employee may use sick leave as authorized by Civil Service Board Rule 16, Sick Leave, for additional time off or to attend to other death, bereavement or funeral needs.
10.9 PAID CITY LEAVE
Employee who are employed in a classification represented by the Union on April 12, 2022, shall receive a one-time leave bank contribution of thirty-five (35) hours of Paid City Leave. This Paid City Leave shall not expire, and shall have no cash value except as follows:
31 a. Employees receiving Paid City Leave contributions described in Section
10.9 (Paid City Leave) may make an irrevocable election to receive cash payment in lieu of using the leave. Notification of the election to receive this cash payment must be made to the Payroll Division, Department of Finance, in writing by November 30, 2022. Employees making the irrevocable election shall receive the payment on the paycheck representing the first pay period following their election at the hourly rate of pay they are receiving at the time of payment, less ordinary payroll deductions. b. Upon separation from City service, employees with a balance of the Paid City Leave described in Section 10.9 (Paid City Leave) shall receive payment for the Paid City Leave balance at the hourly rate of pay they are receiving at the time of the payment, less ordinary payroll deductions.
ARTICLE 11 – SPECIAL ALLOWANCES
11.1 STANDBY ASSIGNMENTS
a. Employees required to be on standby assignment for emergency work shall be paid at the rate of $245.00 per week or the daily pro rata rate in addition to their regular compensation.
b. Effective January 13, 2024, employees required to be on standby assignment for emergency work shall be paid at the rate of $280.00 per week or the daily pro rata rate of $40.00 in addition to their regular compensation.
c. An employee who has completed their regular shift and has left the premises and is called back to work from their home shall receive a minimum of two (2) hours pay, or actual hours worked, whichever is greater, at the overtime rate of one and one-half (1.5) times their regular rate of pay.
All paid time shall count as time worked for the purposes of calculating overtime with the exception of sick leave.
d. With the exception of sick leave, employees may use any type of authorized leave, including, but not limited to, vacation; CTO; holiday credit; etc., during their standby assignment so long as they remain available for their standby assignment. An employee utilizing sick leave who is unable to work due to a personal illness, shall not receive standby pay for the day(s) out sick.
Employees who fall ill after hours while they are on standby, shall notify the Standby Supervisor who will find a replacement for the day(s) the employee is out sick. The standby assignment may resume when the employee returns to work.
32 e. Employees who are on standby assignment on Christmas Day, New Year's Day, Thanksgiving Day, and July 4, holidays, shall receive twelve (12) hours holiday credit.
f. Employees who are issued a City cell phone, laptop and/or pager are not on standby unless assigned by the appointing authority. g. Standby assignments are an essential function and will be staffed first from a voluntary sign -up list which will include all classifications within Field Services. If there are not enough volunteers to staff standby assignments within a Section of the Field Services Division, all classifications within the Section where there are no t enough volunteers to staff standby assignment(s) shall be assigned on a rotational basis, in accordance with classification seniority, beginning with the Utilities Operations and Maintenance Serviceworker or Utilities Operations and Maintenance Leadworker with the least classification seniority who has passed probation as a Utilities Operations and Maintenance Serviceworker. The rotational standby assignments shall continue until such time as there again are volunteers within the affected Section.
11.2 CALL BACK
When an employee is called to report to work prior to the start of their next regularly scheduled shift, the employee shall be compensated at two (2) hour minimum, or for actual hours worked, whichever is greater, at the overtime rate of one and one- half (1.5) times their regular rate of pay.
An employee shall only receive the callback minimum for the first callback in 24 - hour period and each subsequent callback shall be compensated in accordance with Article 12 -Workweek/Overtime. Callback pay is not applicable to scheduled overtime or as an extension of an employee’s regular shift.
11.3 TEMPORARY WORK IN A HIGHER CLASSIFICATION
Temporary assignments to higher classifications shall be permitted only in those cases where, in the judgment of the Department Head, or designee, it is necessary to maintain proper and efficient departmental operations. An employee temporarily assigned to a higher classification shall be compensated for the duration of the out-of-classification assignment, by the payment of five percent (5%) above the employee’s base rate of pay, or Step 1 of the higher classification, whichever is greater, but not to exceed the top step of the higher classification, for the duration of the higher class assignment.
Temporary assignments to a higher classification shall be made from the current eligible list for the higher classification. If no list is established, the Department Head, or designee, may fill the temporary assignment with an available qualified employee based on: (1) relative experience and capability in performing the
33 required job function, and (2) taking into consideration the relative disruptive effect on the departmental operations and established work schedule.
The City recognizes that temporary work in a higher classification shall not be used as a device for circumventing career civil service positions.
11.4 SHIFT DIFFERENTIAL
a. Employees who work five-eighths (5/8) or more of their regular workshift in the period extending from 6:00 p.m. to 6:00 a.m., shall receive for the entire shift a night-shift differential of five percent (5%) in addition to their regular wage. Employees who work less than five -eighths (5/8) of their regular workshift in the period extending from 6:00 p.m. to 6:00 a.m. shall receive for those hours worked (to the nearest one -half hour) within this period, a night-shift differential of five percent (5%) in addition to their regular wage. b. An employee shall not receive night shift premium pay when on vacation or other authorized leave of absence with pay.
11.5 TUITION REIMBURSEMENT
The City agrees to reimburse career employees for the cost of tuition, books, and fees, excluding parking, up to a maximum of $1,500.00 per calendar year pursuant to the City's existing policy for such education reimbursement. This provision shall not apply to employees eligible for an educational incentive program.
In addition, the department may authorize tuition reimbursement for training through other approved sources.
11.6 EMERGENCY RESPONSE
a. Employees may be assigned and/or reassigned for emergency reasons including, but not limited to, storm duty, as declared by the City Manager or designee. During an emergency, the shift change notice as required in Section 12.1(c)(2) shall not apply and employees may be assigned to work either (8), ten (10), or twelve (12) hour shifts. During such assignment employees shall receive overtime in accordance with Section 12.1(e) and shift differential in accordance with Section 11.4. Once the emergency has been resolved, the employee shall be returned to the shift the employee worked prior to the emergency being declared.
b. In consideration of the individual employee’s sleep needs, the number of additional hours which an employee may work, and the time off between hours worked shall be established jointly by the supervisor and employee.
The supervisor may determine that an employee is to be released from the shift when, in the judgment of the supervisor, the employee is no longer capable of performing the job safely. Rest periods longer tha n the normal
34 meal period shall not be compensated. An employee’s work hours may be flexed with mutual agreement of the employee and supervisor. c. In consideration of employee safety, if the emergency response is prolonged, the supervisor shall provide appropriate break times and areas, available emergency equipment, reporting responsibilities and other necessary support to allow the employee to perform effectively in the emergency.
d. Nothing in this Section shall be construed to limit the management’s right to assign or reassign employees in an emergency.
11.7 BILINGUAL PAY
a. The City may authorize bilingual pay when it is determined to be necessary for the operation. The City shall determine what languages are appropriate for such pay and the number of employees to be certified. To be eligible for bilingual pay the employee mu st be determined to be verbally proficient, and if necessary for the assignment, proficient in the written language. The City will arrange the certification and testing process and authorize the bilingual pay.
b. Bilingual pay shall be at the rate of twenty-dollars ($20.00) bi-weekly for any pay period in which the employee is certified. An employee who is receiving bilingual pay may be required to provide assistance to any City operation.
ARTICLE 12 – WORKWEEK/OVERTIME
12.1 WORKWEEK/OVERTIME
a. Workweek
The normal workweek for employees covered by this Agreement shall be Monday through Friday consisting of forty (40) working hours. The City may establish a workweek schedule consisting of forty (40) hours in increments of four ten (10) hour workdays or five eight (8) hour workdays, or a 9 -80 workweek schedule consisting of four nine (9) hour workdays, four nine (9) hour workdays, and one eight (8) hour workday during an eighty (80) hour bi-weekly period. The City agrees to discuss with the Union thirty (30) days in advance of implementation of the four ten (10) workweek or 9 -80 workweek schedule.
b. Shift Schedules
Shift start time shall be determined by the Department Head, or designee.
Shift changes shall be in accordance with Section 12.1(c)(2).
35 (1) Day shift: shall start work between 6:00 a.m. and 8:00 a.m. and shall consist of an eight and one -half (8.5) consecutive hour period less thirty (30) minutes for an unpaid meal period.
(2) Swing shift: shall start work between 2:30 p.m. and 4:30 p.m. and shall consist of an eight and one -half (8.5) consecutive hour period less thirty (30) minutes for an unpaid meal period.
(3) Graveyard shift: shall start work between 11:00 p.m. and 1:00 a.m. and shall consist of an eight and one -half (8 .5) consecutive hour period less thirty (30) minutes for an unpaid meal period. (4) Employees shall be provided a minimum of a thirty (30) calendar days’ notice when permanently moving from day shift to swing shift or graveyard shift.
(5) These shift schedules do not apply to non-career employees. c. Shift Assignments
(1) Shift assignments will be made from a voluntary sign-up of qualified employees by classification. If all of the volunteers are qualified, the selection to the shift shall be by greatest classification seniority. If there are not sufficient qualified employees who volunteer, the least senior qualified employee by classification shall be assigned to the shift. The Division Manager or designee shall determine whether an employee is qualified under this paragraph.
(2) Employees shall be given at least five (5) workdays' notice prior to a change in their assigned workdays or shift. The notice requirement shall not apply to emergency assignments , declared by the department head or designee, or changes as a result of absences by other employees. If an employee's workdays or shift are changed without the above notification, they shall be paid the overtime rate for all hours worked on the first day of the new work schedule. A shift change shall not be used to avoid the paymen t overtime. This paragraph does not apply to non-career employees.
(3) An employee ’s shift assignment shall be defined as the shift the employee’s workweek began on and the employee shall remain on the same shift for five (5) consecutive standard work-days, unless the shift is changed in accordance with 12.1(c)(2) . This paragraph does not apply to non-career employees.
36 d. Swing and Graveyard Assignments
To be eligible for these shifts:
(1) Employees in the Utilities Operations and Maintenance Serviceworker classification must successfully complete their initial probationary period.
(2) Employees on probation as a Utilities Operations and Maintenance Leadworker can apply for swing shift assignment while on probation only with the approval of the Superintendent or designee. (3) There shall be no rotation of employees assigned to swing shift. (4) Employees shall be provided a minimum of a thirty (30) calendar day notice when moving from the day shift to the swing shift. e. Overtime/Compensating Time Off (CTO)
(1) Full-time employees who are required to work in excess of forty (40) hours in a single workweek shall be compensated for such work at one and one -half (1.5) times their regular rate of pay. All paid time shall count as time worked for the purposes of calculating overtime eligibility with the exception of sick leave.
(2) Part-time employees, or employees who are regularly scheduled to work fewer than forty (40) hours per workweek, are eligible for overtime compensation at one and one-half (1.5) times their regular rate of pay when they work in excess of forty (40) hours in a single workweek. All paid time shall count as time worked for the purposes of calculating overtime eligibility.
(3) Overtime compensation shall be paid by cash payment . In lieu of cash payment, Compensating Time Off (CTO) may be earned by mutual agreement between the employee and the appointing authority or designee. The scheduling of CTO use must be approved in advance by the appointing authority or designee.
(4) Employees may accrue up to one hundred and twenty (120) hours of CTO. In the event of an emergency declared by the City Manager, the one hundred twenty (120) hour maximum may be extended up to forty (40) hours , up to a maximum of one hundred sixty (160) hours. The City may cash out CTO hours accumulated in excess of eighty (80) hours at any time provided that the use of such time off has not been previously approved.
37 f. Lunch Break Overtime
When an employee is assigned by their supervisor to remain on duty through their lunch break they shall be compensated at the rate of one and one-half (1 .5) times the regular rate of pay providing the employee is required to work in excess of a normal workday. A lunch period is not work time if an employee is completely free from duties during the lunch break.
12.2 PREMIUM PAY CALCULATION
The annual hourly factor used to calculate the hourly rate for premium pay will be 2,080 hours. This hourly rate is to be used to determine the following premium pay benefits:
Crane/Backhoe Pay
Overtime Pay
Out-of-Classification Pay
Sick Leave Incentive Payouts
Vacation Sell-Back
Night-Shift Premium Pay
Night-Shift Premium Overtime Pay
Night-Shift Premium Crane/Backhoe Pay
Night-Shift Premium Out-of-Class Pay
12.3 VOLUNTARY WORK FURLOUGH PROGRAM
Pursuant to the Furlough/Reduced Work Week Policy, the City may establish for full-time career employees a voluntary work furlough/reduced work week consisting of a full day of unpaid leave on a variable schedule or a work schedule which is modified on a regular fixed basis to less than forty (40) hours per week.
Employees shall apply for participation in the program pursuant to the conditions set forth in the rules and procedures governing this citywide program.
ARTICLE 13 – SAFETY SHOES, SAFETY GLASSES, AND UNIFORMS
13.1 SAFETY SHOES
a. Where the City requires that safety shoes be worn by employees as a condition of employment, the City shall reimburse said employees for the cost of an acceptable safety shoe up to a maximum of $200.00 per pair, or up to a maximum of $ 250.00 per pair if special order is required, and normally no more than two (2) pair per fiscal year. When needed , employees may purchase and request to be reimbursed for two (2) pairs of safety shoes at the same time. To be eligible for this reimbursement, the employee must obtain prior authorization from their superintendent before
38 purchasing safety shoes and must submit the receipt to the superintendent to verify the cost and substantiate the reimbursement.
b. The City maintains the right to specify the type of required safety shoe. c. During the term of this Agreement, the City shall have the right to establish and enter into a contract with a safety shoe vendor to provide safety shoes to employees. Once the vendor has been established, the City shall eliminate the reimbursement as required by this Section.
13.2 SAFETY GLASSES
a. It shall be mandatory for employees to wear safety glasses where such glasses are required to be worn by the City. Employees who wear prescription glasses shall be required to wear protective eyewear supplied by the City or prescription safety glasses. The City shall provide non - prescription safety glasses for employees.
b. Employees are free to purchase non -prescription or prescription safety glasses from any source the employee chooses. The City will reimburse the employee for the purchase of prescription safety glasses up to a maximum cost of $150.00 per pair of glasses.
c. To be eligible for the above reimbursement, the employee must obtain prior authorization from their supervisor before purchasing the required safety glasses, and must submit the receipt to the supervisor to verify the cost and substantiate the reimbursement. The City maintains the right to specify the standards for non -prescription safety glasses. Further, prescription safety glasses shall conform in all respects to the U.S.A. Safety Standards for Head, Eye and Respiratory Protection, and the prescription s hall not be more than twenty-four (24) months old.
d. The cost of any eye examination and special or cosmetic frames shall be paid by the employee.
13.3 DAMAGE TO PRESCRIPTION SAFETY GLASSES
a. The City agrees to repair or replace prescription safety glasses damaged or destroyed while the employee is actively at work provided that the employee furnishes satisfactory proof to the City of such loss.
b. The prescription shall not be more than twenty -four (24) months old to qualify for reimbursement under the Article. All costs to update the prescription shall be borne by the employee.
39 13.4 SAFETY JACKETS
a. The City will provide one (1) ANSI Class 2 “Thinline” safety jacket for each employee.
b. Employees shall be responsible for the laundry, maintenance, and repair of such jacket. Replacement of unserviceable jackets shall be the responsibility of the City.
13.5 UNIFORMS
a. All employees covered by this Agreement and required by the City to wear a uniform shall have a clean uniform provided five days a week (5 -5-1), at no cost to the employee.
b. The value of the uniforms provided by the City shall be reported as compensation at the rate of five dollars ($5.00) bi -weekly to the Public Employees Retirement System (PERS).
c. All employees who are provided with a uniform shall meet Department dress and grooming standards and adhere to the uniform policy of the division and/or Department.
ARTICLE 14 – LAYOFF
14.1 PURPOSE
This Article provides the procedure to be followed when an employee is to be displaced/laid off from their position.
14.2 DEFINITIONS
a. Layoff: A layoff shall be defined as the dismissal or displacement of at least one employee due to lack of work or lack of budgeted funds. b. Seniority:
(1) Classification Seniority: Classification seniority shall be defined as the effective date of probationary appointment to the employee's present job classification including any time spent in a higher job classification. For classifications which have flexible staffing as defined in the Civil Service Board Rules and Regulations and provided for in the classification specifications, classification seniority shall be defined as the effective date of probationary appointment to the lowest classification in the classification series.
40 (2) Unit Seniority: Unit seniority shall be defined as the effective date of probationary appointment to the employee's first full -time career position in a job classification contained within the Water and Sewer Representation Unit.
(3) City Service Seniority: City service seniority shall be defined as the effective date of appointment to the employee's first permanent career position , or as the effective date of appointment to the employee’s first full -time position (or positions) which immediately preceded an appointment to a permanent career position, whichever is greater.
For a part-time career employee, City seniority shall be prorated. (4) Hire Date Seniority : Hire date seniority shall be defined as the employee's first date of hire to any position with the City. (5) Termination of Seniority: Termination of classification seniority, unit seniority, and City service seniority shall occur upon:
(a) Resignation, except that, effective January 9, 2024 , any employe who is appointed from a reemployment list and
completes a probationary period, if any, in the position to which they were reemployed may count the seniority which they accumulated prior to resignation.
(b) Discharge.
(c) Retirement.
(d) Layoff in excess of five (5) consecutive years out of the City service.
(e) Failure to comply, report, or respond to a recall notice within seventeen (17) calendar days from the date of postmark on the recall notice.
c. Downgrade: A downgrade shall be defined as a change in job classification within a regression ladder to which the top rate of pay is the same or less than the top rate of pay of the employee's present classification, due to a layoff. The regression ladder for the Water and Sewer Unit is set forth below:
(1) Utilities Operations and Maintenance Leadworker
Utilities Operations and Maintenance Serviceworker
Utilities Field Services Serviceworker (Apprentice)
41 (2) Water Cross-Connection Control Specialist
Utilities Operations and Maintenance Leadworker
Assistant Water Cross-Connection Control Specialist
Utilities Operations and Maintenance Serviceworker
(3) Utilities Operations and Maintenance Leadworker
Utilities Locater
Utilities Operations and Maintenance Serviceworker
d. Permanent Status : For the purposes of this layoff procedure permanent status is attained in a job classification when an employee has successfully completed the probationary period in that job classification.
14.3 PROCEDURE
a. Within each job classification in each department in which a layoff occurs, employees shall be laid off in the order of their classification seniority, beginning with the employee with the least classification seniority. b. Any probationary employee who is affected by a layoff or displaced by a downgrading employee shall return to the last job classification in which the employee holds permanent status. If the employee does not hold permanent status in another job classification, they shall be laid off; the name of such employee may be restored to an eligible list in accordance with applicable Civil Service Rules. If the employee does hold permanent status in another job classification, they shall then be treated as a permanent employee in that job classification with respect to any layoff in that job classification.
c. Any permanent employee who is to be laid off or displaced shall have the right to downgrade, in descending order, to job classifications within their regression ladder, provided that the employee can displace an employee in the lower classification. If there are any probationary employees in the lower job classification, the probationary employee with the least Unit seniority shall be displaced first. If there are no probationary employees in the lower job classification, the permanent employee with the least Unit seniority shall be displaced, provided that the downgrading employee has greater Unit seniority. If the permanent employee is unable to downgrade to any job classification within their regression ladder, such employee shall be laid off. d. An employee may accept a layoff in lieu of a downgrade under Section
14.3(c) of this Article, by written notification to Labor Relations within 72 hours of receiving notice of layoff. Where the employee accepts a layoff in lieu of a downgrade, said employee shall forfeit all recall rights except to a vacancy within the same classification from which the employee was laid off.
42 e. If two (2) or more employees have an equal amount of classification seniority, the senior employee shall be determined on the basis of greater Unit seniority. If two (2) or more employees have an equal amount of Unit seniority, the senior employee shall be determined on the basis of greater City service seniority. If two (2) or more employees have an equal amount of City service seniority, the senior employee shall be determined on the basis of greater hire date seniority , or in the event of a tie , the seni or employee shall be determined on the basis of highest drawn random number.
14.4 NOTICE OF LAYOFF
In the event of layoff, the City shall send by certified mail, a notice to all affected employee(s). Such notice shall be postmarked at least seventeen (17) calendar days in advance of the effective date of layoff. Such layoff notice shall be mailed to the employee's address currently printed on the employee's paycheck, and shall be deemed appropriate notice. The employee(s) who is on a paid or unpaid leave shall be affected by the layoff in accordance with the provisions of this Article in the same manner as all other employees.
14.5 SALARY IN EVENT OF DOWNGRADE
a. An employee who is downgraded through a regression ladder pursuant to this Article shall be paid the top step rate of the lower job classification.
Upon subsequent recall through a regression ladder, the employee shall be restored to their original pay rate step in the classification in which permanent status is held. The anniversary date for such recalled employee for future in -grade salary adjustments shall be the date of recall to the permanent job classification.
b. Salary as referred to in this Article shall be the monthly salary range and respective salary step for the affected classification as identified in the current salary schedule.
14.6 FRINGE BENEFITS
a. Employees laid off shall be paid sick leave, vacation, holiday accrual, longevity, and similar benefits per applicable ordinances and rules.
Employees being recalled who received a sick leave payoff at the time of layoff, shall have the uncompensated portion of their sick leave balance restored; provided, however, that only those sick leave hours accrued after recall shall be applied to sick le ave payoff related to a subsequent termination.
b. Employees laid off who are enrolled in City insurance programs may continue elected coverage for a period up to six (6) months or the period of time permitted by Consolidated Omnibus Budget Reconciliation Act
43 (COBRA), whichever is greater, by advanced personal remittance for each month's total premium for the cost of such coverage, at the time of layoff. c. Assistance with this insurance option, unemployment benefits, and the availability of retirement benefits or refunds as governed by the City Charter will be provided by the Benefits Division, Department of Human Resources, at the request of the laid off employees.
14.7 RECALL
a. When a vacancy occurs in a job classification, the laid off or downgraded employee(s) eligible to return to that job classification shall be recalled in the inverse order of layoff. When a recall list exists and an employee is on a reinstatement list due to a medical leave of absence, such employee will be merged with employees on the established layoff eligibility list based on seniority. Permanent employees who were laid off or downgraded are eligible to return to the job classification in which permanent status is held within their regression ladder, or to lower classifications within the same regression ladder, but shall have no recall rights to any job classification in which provisional status was held at the time of layoff or downgrade.
Permanent employees who held probationary status in another job classification on the date of layoff shall be eligible to return to the job classification in which probationary status was held for a period of one year from the date of layoff; but upon such return must serve the complete probationary period for such job classification.
b. Employees shall be entitled to recall rights for a period of five (5) consecutive years from the effective date of layoff or downgrade. The effective date of layoff shall be the employee's last day of work. The effective date of downgrade shall be the employee's last day of work in the classification from which they are downgraded. An employee who has downgraded and has not been recalled to the classification where permanent status is held within the five (5) year period shall serve a probationary period in any job classification to which the employee is recalled after the five (5) year period. If the employee fails the probationary period, they shall gain permanent status for purposes of layoff in the classification immediately preceding the serving of the probationary period. c. When a vacancy exists and employees are to be recalled, notice of the opening(s) shall be sent to the mailing address as shown on the employee's last paycheck unless a more recent address has been furnished by the laid- off/ downgraded employee. To expedite recall, more than one employee may be notified of an opening. This recall notice shall be by certified mail and the employee shall have seventeen (17) calendar days to report to work from the date of postmark on the recall notice. If said employee fails to report to work within seventeen (17) calendar days, they will lose all recall rights.
44 An employee who has been laid off shall be required to meet the physical and other minimum qualifications of the classification to which they are recalled. Any additional qualifications established during said employee's layoff shall be waived with regard to an employee holding recall rights to that job classification except as required by law. An employee who accepts recall shall receive all seniority to which they are entitled under Section
14.2(b)(2) of this Article.
d. If limited -term/seasonal vacancies occur in a job classification while permanent employees are laid off or downgraded, the City shall utilize the existing recall list for that job classification to fill such limited-term/seasonal vacancies; provided if an employee either accepts or refuses recall to a limited-term/seasonal vacancy it shall have no effect on said recall rights to a permanent vacancy. If all employees refuse recall to a limited - term/seasonal vacancy, the City shall have the right to fill said limited- term/seasonal vacancies in accordance with applicable rules. Further, the City agrees that subsidized employees (CETA, etc.) cannot work in a job classification so long as any employee has recall rights to that job classification; nor shall any limited -term/seasonal employees be hired at other than the entry-level position while a permanent employee is laid off or downgraded from that job classification.
ARTICLE 15 – TRANSPORTATION
15.1 TRANSPORTATION
a. Sacramento Regional Transit District (SRTD)
Full-time career employees who utilize the Sacramento Regional Transit District (SRTD) for home -to-work transportation are eligible for an eighty percent (80%) price discount on an SRTD monthly pass. Part-time career employees shall be eligible for a fifty percent (50%) price discount. The employee must notify the Revenue Division on or before the fifth day of the month to obtain the monthly pass discount for that month. b. Other Bus Transportation
Eligible full-time career employees as described above, who regularly utilize other bus or mass transportation services regulated by the Public Utilities Commission (i.e. buses, vanpools, rail) for home -to-work commuting are eligible for up to eighty perce nt (80%) of the cost of the monthly pass.
Eligible part-time employees, as described above, shall be eligible for a fifty percent (50%) monthly reimbursement. The employee must present the required proof of purchase to the Revenue Division by the fifth day of the month to obtain reimbursement. The amount of monthly reimbursement shall not exceed $120.00.
45 15.2 DRIVER LICENSE REQUIREMENTS
a. As a condition of continued employment, each employee hired prior to July 13, 1991, shall possess a valid commercial California driver license and endorsements as follows:
Classification
Required
License Endorsements
Utilities Operations and Maintenance
Leadworker
B(1)(2):MSA;
A(1)(2):MSA
Tank Vehicle*
Utilities Operations and Maintenance
Serviceworker
B(1)(2):MSA;
A(1)(2):MSA
Tank Vehicle*
*Mandatory for some assignments
(1) License must not have an air brake restriction
(2) License must not have an automatic transmission restriction b. Employees appointed on or after July 13, 1991, shall be required, as a condition of continued employment, to possess a Class "B" license and endorsements, and in some assignments a Class "A" license and endorsements.
c. If there are insufficient numbers of employees who possess the required commercial license and/or endorsements when the commercial license and/or endorsements are mandatory for some assignments only, then the commercial license and/or endorsements shall be mandated as necessary for the designated assignments.
d. The City shall attempt to make reasonable accommodation for an employee who is unable to qualify for the required commercial license for medical reasons, but is able to maintain a Class "C" license.
e. The current driver license requirements for all classifications not identified herein shall continue without change.
ARTICLE 16 – MISCELLANEOUS
16.1 SELECTION OF VACANCIES
a. When a permanent vacancy occurs which is not due to a lateral classification reassignment, a notice of such vacancy shall be posted on the employee bulletin board at least two (2) weeks before the vacancy is filled.
Employees holding permanent status in that classification in which the vacancy arises may request to be reassigned to such vacancy. The
46 Department Head shall give first consideration to those employees making such requests before considering any other persons for the vacancy. If more than one qualified employee requests such vacancy, the assignment shall be based on (1) relative experience and capability in performing the required job function, and (2) relative disruptive effects on the departmental operations and established w ork schedule. Other considerations may be the employee’s performance, attendance, seniority and disciplinary history. b. The City shall reassign or prevent the assignment of employees where there is or would be an immediate supervisory/ subordinate relationship and the employees have a potential employment conflict of interest due to a parental, spousal or sibling relationship.
16.2 NEW OR REVISED JOB CLASSIFICATION
a. It is recognized that the establishment of new or revised job classifications within the Unit covered by this Agreement may be warranted because of changes in job content or services offered by the City. Under such circumstances, the City shall prepare and submit to the Union the proposed descriptions and proposed appropriate rate ranges for such job classifications as will have been determined to be within the Unit covered by this Agreement not less than fifteen (15) days prior to submission of the job classification to the Civil Service Board. Upon request of the Union, the fifteen (15) day period will be extended by an additional ten (10) days. b. The Union shall have the right to file an appeal to the Civil Service Board regarding job classification.
16.3 NEW EMPLOYEE ORIENTATION
Unless otherwise agreed in advance, Union Business Representatives, or their designees, shall be provided to fifteen (15) minutes to attend the City’s regularly scheduled new-employee orientations so that they may provide information about the Union and labor agreement.
The new-employee orientation schedule, and the reserved fifteen (15) minutes of time for the Union’s representative(s) to attend, shall be established by the City.
The City shall make a reasonable effort to provide the Union with at least forty - eight (48) hours’ notice of changes to the regular schedule.
16.4 NEW EMPLOYEE INFORMATION
At least every thirty (30) days, the City shall provide the Union with a list of employees who are employed in classification represented by the bargaining unit.
47 To the extent it is known, information shall include: name; classification date; job title; department; work , work, home, and personal cellular phone numbers; personal email address; and the home address of each employee.
16.5 TRIAL PERIOD
a. An employee or a former employee appointed to a career classification as a non-career employee shall serve a trial period. A former employee is a person who was previously employed with the City but terminated such employment for any reason including the expiration of a limited -term appointment.
b. The trial period shall be a six (6) month period beginning with the first day the employee reports to work or until the employee has worked one thousand forty (+1,040) straight-time hours, whichever occurs last. c. A non-career employee may be released from their position at the discretion of the appointing authority at any time during the trial period without right of appeal to the Civil Service Board. Such release shall be confirmed in writing. d. This provision shall not be used to circumvent the civil service system in respect to the City's testing practices.
16.6 NO STRIKE OR LOCKOUT
For the duration of this Agreement, the Union and its members agree that it shall not call, sanction or engage in any strike, slowdown, suspension or stoppage of work or other concerted activity and the City agrees that it shall not cause or engage in any lockout.
16.7 SEPARABILITY
In the event that any provision of this Agreement shall at any time be declared invalid by any court of competent jurisdiction or by governmental regulations or decree, such decision shall not invalidate the entire Agreement, it being the expressed intenti on of the parties hereto that all other provisions not declared invalid shall remain in full force and effect.
16.8 LETTERS OF REPRIMAND
a. A letter of reprimand shall not be appealable to the Civil Service Board, except the employee may have an administrative review of the reprimand by submitting a request in writing within seven (7) calendar days to the Manager of Labor Relations . The Manager or designee will schedule a meeting within seven (7) calendar days of receipt of the written request to hear the employee's response. A final written decision will be rendered by
48 the Manager or designee within seven (7) calendar days of the meeting.
This Section shall not be subject to the Grievance Procedure. b. A letter of reprimand issued after October 28, 1995, will be withdrawn from an employee's official personnel file two (2) years from the date of issue provided there has not been additional formal discipline imposed during the two-year period.
c. A letter of reprimand issued prior to October 28, 1995, may be pulled at the request of the employee provided there was no additional formal discipline imposed within five (5) years from the date of issue.
d. Documented counselings will be withdrawn from an employee’s department file eighteen (18) months from the date of issue provided there has not been formal discipline imposed during the eighteen -month period. Once removed, the documented counseling may not be used to enhance the subsequent discipline, but may be used to demonstrate that the employee is aware of the issue and/or for impeachment purposes.
16.9 WITHDRAWAL OF DISCIPLINARY APPEAL
The employee or union may withdraw an appeal at any time after it has been filed and before the Civil Service Board has determined the matter. An appeal shall be deemed withdrawn if the employee fails to respond within thirty (30) calendar days to a written request by the City to schedule a hearing or otherwise participate in the appeal process. The written request shall be certified and sent to the employee’s mailing address as shown in the City’s payroll system.
An employee who resigns or retires from City service with an outstanding disciplinary appeal is deemed to have withdrawn the appeal and waived any right to pursue the appeal.
16.10 REQUIRED LICENSES AND CERTIFICATIONS
Where the City requires that employees maintain licenses and/or certifications, the Department Head or designee may consider, on a classification -by-classification basis, reimbursing employees for costs associated with the renewal of such licenses and/or certifications. This Section shall not apply to driver licenses.
16.11 EMPLOYEE PERFORMANCE EVALUATIONS
a. Each City department shall have the right to conduct employee performance evaluations on a department -wide basis for career and/or non -career employees at the discretion of the appointing authority.
49 b. An employee in a classification requiring a twelve (12) month probationary period shall receive no less than four (4) performance evaluations, at reasonable intervals, during the probationary period.
c. A career employee who disagrees with a performance evaluation may within ten (10) workdays from the date of the performance counseling:
(1) Write a rebuttal statement for attachment to the performance evaluation form; and
(2) Informally appeal to the supervisor of the reviewer, but in no case higher than the Department Head.
d. Appeals on employee performance counseling are not subject to the grievance procedure.
e. The performance evaluation shall be maintained in the personnel files of the employee's Department for three (3) years from the date of the evaluation was issued. Thereafter, it shall be removed and returned to the employee.
16.12 UTILITIES OPERATIONS AND MAINTENANCE SPECIALIST CLASSIFICATION a. Effective January 6, 2018, the Utilities Operations and Maintenance Specialist (Specialist) classification will be abolished and the employees holding the Specialist classification will be reallocated to Utilities Operations and Maintenance Serviceworkers (Serviceworker). The Serviceworker job specification will be updated to incorporate appropriate duties. The employees in the Specialist classification shall be Y-rated in accordance with the Civil Service Board Rule 3.5(a).
b. Effective December 8, 2018, Human Resources will manually increase the salaries of employees who are Y -rated as a result of 16.12(a) , to account for the salary increase provided in Article 6.2(c).
16.13 PAYROLL ERRORS
a. In the event an error has been made in the payment of an employee's compensation, including but not limited to, wages , overtime payment s, healthcare contributions, incentives, or leave accruals, balances and/or usages, the City shall, for purposes of future compensation, adjust such compensation to the correct amount, giving written notice to the employee. b. In the event an employee received an overpayment , reimbursement to the City shall be accomplished by:
(1) Lump sum payment by the employee;
50 (2) A one-time deduction from all available paid leave balances, except sick leave, equivalent to the overpayment at the employee's current hourly rate;
(3) A repayment schedule through payroll deduction; and/or (4) Other means, as may be mutually agreed between the parties.
Repayment schedules shall equal five percent (5%) of the overpayment or one hundred fifty dollars ($150.00) per pay period, whichever is greater, up to three thousand dollars ($3,000.00). An overpayment of greater than three thousand dollars ($3,000.00) shall automatically invoke a hardship review.
In addition, employees may request a hardship review. Repayment amounts that equal less than one hundred fifty dollars ($150 .00) shall be collected in one payment. No repayment schedule shall exceed fifty -two (52) pay periods in duration, except that if the employee does not agree to a voluntary repayment schedule, the overpayment collection shall not exceed twenty-six (26) pay periods.
c. No action shall be taken to enforce repayment of an overpayment, or to correct an underpayment, unless action is taken within two (2) years from the ending date of the pay period in which the error is discovered. "Action is taken" as used in this Section shall mean written notice to the employee in the case of an overpayment, or written or oral notice to the City in the case of an underpayment error.
16.14 PERS RETIREMENT PLAN
a. Member Contribution to PERS Retirement Plan – Classic Members (1) Classic members, as defined by PERS, shall qualify for the 2% at 55 benefit formula and retirement shall be based upon the highest twelve (12) consecutive months of compensation.
(2) All classic members shall pay eight percent (8%) of salary to the PERS retirement plan. The employee shall pay the seven percent (7%) employee contribution and an additional one percent (1%) contribution through PERS cost -share. The CalPERS cost share amendment was completed on July 11, 2015.
(3) The City agrees to withhold the above contributions on a pre -tax basis to the extent allowable under State and federal law. b. Member Contribution to PERS Retirement Plan – New Members “New members” as defined by Public Employees’ Pension Reform Act (PEPRA) shall be members in the PERS on terms consistent with the
51 PEPRA. New members shall qualify for the 2% at 62 benefit formula, shall contribute fifty percent (50%) of the total normal cost as required by PEPRA, and retirement shall be based upon the highest thirty -six (36) consecutive months of compensation.
c. Effective November 15, 2014, the Sacramento City Employees Retirement System one hundred dollars ($100.00) monthly add-on shall be eliminated.
16.15 MODIFIED/ALTERNATIVE DUTY POLICY
The City’s Modified/Alternative Duty Policy is applicable to employees who have been injured on-the-job.
16.16 PROBATIONARY PERIOD
a. All bargaining unit employees hired on or after November 4, 2000, shall serve an initial probationary period of one year.
b. An employee serving a probationary period shall receive a minimum of four (4) written performance appraisals, based on evaluations conducted at six (6), eight (8), ten (10) and twelve (12) months of service. Evaluation shall be completed using a standardized evaluation form prescribed by the appointing authority.
c. The necessity for a written performance appraisal shall be eliminated if, at any point during the one-year probationary period, the appointing authority releases the employee during probation.
d. A probationary employee may be released from their position at the discretion of the appointing authority at any time during the one-year probationary period without right of appeal. Such release shall be confirmed in writing.
16.17 USE OF VOLUNTEERS
Except as limited by law, the City shall retain the right to use volunteers and others without compensation to perform services at the discretion of the City.
16.18 ZONAR OR OTHER GLOBAL POSITIONING SYSTEMS (GPS) & SAFETY
STICKERS
Zonar and other GPS devices will be used for purposes of improving departmental efficiencies to include, but not limited to, preserving City resources, preventing idle time, and employees being out of their assigned work areas. Zonar or GPS data shall not be used by the City as the only factor in gathering data for purposes of discipline. However, the data may be used to substantiate public complaints, support findings or confirm work performance issues for purposes of discipline.
52 The City may place one “safety sticker” on City vehicles which reads “How’s My Driving? Dial 311.” Safety stickers shall not exceed 200 square inches and will not be placed in an area which obscures the driver’s safe operation of the vehicle.
16.19 DEFERRED COMPENSATION PLAN
Career employees may participate in the City’s Deferred Compensation 457 Plan, to the extent provided by law.
Each participant in the Plan shall contribute an administrative fee of one dollar and fifty cents ($1.50) per month from their plan balance to the Plan’s administrative allowance account. Funds accumulated by the administrative fee will be utilized as prescribed in the Defined Contribution Plans Committee’s Fee and Expense Policy.
16.20 TERM
a. This Agreement shall remain in full force and effect from July 1, 2023 , to and including July 11, 2025.
b. The provisions of this Agreement shall be effective on the effective date stated above except as otherwise specifically provided. c. The Letters of Understanding at Exhibit A are hereby incorporated and shall remain in effect during the term of this Agreement.
53 DATED: January 9, 2024
PLUMBERS AND PIPEFITTERS,
LOCAL #447
CITY OF SACRAMENTO
Todd Schiavo
Business Manager
Shelley Banks-Robinson
Director of Human Resources
Tom Aten
Business Agent/Chief Negotiator
Aaron Donato
Labor Relations Manager
Dave Sorenson
Negotiations Committee Member
Sean Arnold
Chief Negotiator
Isaac Garcia
Negotiations Committee Member
Chee Khang
Negotiations Team Member
Thomas Mahoney
Negotiations Committee Member
Approved as to form:
Brett M. Witter
Assistant City Attorney
54 Exhibit A – Continuing Letters of Understanding
55 56
57 58
59 and
International Association of
Machinists and Aerospace Workers,
Local Lodge NO. 2182,
District Lodge 190
Labor Agreement
Covering Employees
In The Automotive/Equipment Mechanics Unit
2023-2025
i
TABLE OF CONTENTS
Section Page
PREAMBLE ........................................................................................................................ 1 ARTICLE 1 – RECOGNITION ............................................................................................. 1
1.1 RECOGNITION ................................................................................................................................. 1
1.2 EMPLOYEES COVERED BY THIS AGREEMENT .......................................................................... 1 ARTICLE 2 – SOLE AGREEMENT ..................................................................................... 2
2.1 SOLE AGREEMENT ......................................................................................................................... 2 ARTICLE 3 – CITY RIGHTS ............................................................................................... 2
3.1 CITY RIGHTS .................................................................................................................................... 2 ARTICLE 4 – UNION RIGHTS ............................................................................................ 3
4.1 PAYROLL DEDUCTIONS ................................................................................................................. 3
4.2 UNION SECURITY ............................................................................................................................ 5
4.3 UNION REPRESENTATIVES ........................................................................................................... 5
4.4 BULLETIN BOARDS ......................................................................................................................... 5
4.5 NEW OR REVISED JOB CLASSIFICATIONS ................................................................................. 6 ARTICLE 5 – GRIEVANCE PROCEDURE ......................................................................... 6
5.1 PURPOSE ......................................................................................................................................... 6
5.2 DEFINITIONS .................................................................................................................................... 6
5.3 STEP ONE ........................................................................................................................................ 7
5.4 STEP TWO ........................................................................................................................................ 7
5.5 STEP THREE .................................................................................................................................... 8
5.6 ARBITRATION .................................................................................................................................. 8
5.7 WITNESSES ..................................................................................................................................... 9 ARTICLE 6 – SALARY ADJUSTMENTS ............................................................................ 9
6.1 SALARY ............................................................................................................................................ 9
6.2 SALARY RANGE .............................................................................................................................. 9 ARTICLE 7 – INCENTIVE PROGRAM ............................................................................... 9
7.1 CLASSIFICATIONS ENTITLED TO INCENTIVE PAY ..................................................................... 9 ARTICLE 8 – SALARY ADMINISTRATION ...................................................................... 11
8.1 ORIGINAL APPOINTMENT COMPENSATION RATE ................................................................... 11
8.2 ADVANCEMENT IN RATE OF COMPENSATION ......................................................................... 11
8.3 EFFECT OF CLASSIFICATION CHANGE ON RATE OF COMPENSATION ................................ 12
8.4 EFFECT OF CHANGE OF SALARY RANGE UPON COMPENSATION ....................................... 13
8.5 RATE OF COMPENSATION UPON RETURN TO CITY SERVICE ............................................... 13
8.6 RATES HIGHER THAN TOP STEP (Y-RATE) ............................................................................... 13
8.7 LONGEVITY PAY ............................................................................................................................ 13 ii
ARTICLE 9 – HEALTH AND WELFARE ........................................................................... 14
9.1 CONTRIBUTION TO FULL-TIME AND PART-TIME CAREER EMPLOYEES ............................... 14
9.2 CONTRIBUTION TO NON-CAREER EMPLOYEES ...................................................................... 15
9.3 AMOUNT OF CONTRIBUTION ...................................................................................................... 15
9.4 COVERED DEPENDENTS ............................................................................................................. 16
9.5 CASH-BACK LIMITS ....................................................................................................................... 17
9.6 LIFE INSURANCE ........................................................................................................................... 17
9.7 FLEXIBLE SPENDING ACCOUNTS .............................................................................................. 18
9.8 RETIREE OR SURVIVOR DEPENDENTS ..................................................................................... 18 ARTICLE 10 – LEAVES .................................................................................................... 22
10.1 HOLIDAY BENEFITS ...................................................................................................................... 22
10.2 SICK LEAVE ................................................................................................................................... 25
10.3 VACATION ...................................................................................................................................... 28
10.4 COURT LEAVE ............................................................................................................................... 30
10.5 PARENTAL LEAVE ......................................................................................................................... 31
10.6 CATASTROPHIC LEAVE ............................................................................................................... 32
10.7 PERSONAL TIME OFF (PTO) ........................................................................................................ 33
10.8 BEREAVEMENT LEAVE ................................................................................................................ 34
10.9 PAID CITY LEAVE .......................................................................................................................... 34 ARTICLE 11 – SPECIAL ALLOWANCES ......................................................................... 34
11.1 TEMPORARY WORK IN A HIGHER CLASSIFICATION ............................................................... 34
11.2 TUITION REIMBURSEMENT ......................................................................................................... 35
11.3 UNIFORMS ..................................................................................................................................... 35
11.4 TOOL ALLOWANCE ....................................................................................................................... 35
11.5 TOOL INSURANCE ........................................................................................................................ 35
11.6 PNEUMATIC AND BATTERY TOOL REPAIR ............................................................................... 36 ARTICLE 12 – STANDBY, NIGHT-SHIFT PREMIUM, AND FLEET SWING SHIFT ........ 37
12.1 STANDBY ....................................................................................................................................... 37
12.2 NIGHT-SHIFT PREMIUM PAY ....................................................................................................... 38
12.3 SHIFT/LOCATION SELECTION WITHIN FLEET MANAGEMENT ................................................ 38 ARTICLE 13 – SAFETY, SAFETY SHOES AND SAFETY GLASSES ............................. 41
13.1 SAFETY .......................................................................................................................................... 41
13.2 SAFETY SHOES ............................................................................................................................. 41
13.3 SAFETY GLASSES ......................................................................................................................... 42
13.4 DAMAGE TO PRESCRIPTION SAFETY GLASSES ...................................................................... 43 ARTICLE 14 – HOURS OF WORK ................................................................................... 43
14.1 WORKDAY/WORKWEEK ............................................................................................................... 43
14.2 OVERTIME/COMPENSATING TIME OFF (CTO) .......................................................................... 44
14.3 REST PERIODS .............................................................................................................................. 45
14.4 VOLUNTARY WORK FURLOUGH PROGRAM ............................................................................. 45
14.5 SHIFT BID BY LOCATION .............................................................................................................. 45 ARTICLE 15 – LAYOFF .................................................................................................... 46
15.1 PURPOSE ....................................................................................................................................... 46
15.2 DEFINITION .................................................................................................................................... 46
15.3 PROCEDURE ................................................................................................................................. 48 iii
15.4 SALARY IN EVENT OF DOWNGRADE ......................................................................................... 50
15.5 FRINGE BENEFITS ........................................................................................................................ 50
15.6 RECALL .......................................................................................................................................... 51 ARTICLE 16 – DISCIPLINE .............................................................................................. 52
16.1 DISCIPLINE .................................................................................................................................... 52
16.2 LETTER OF REPRIMAND .............................................................................................................. 52
16.3 IN-LIEU DISCIPLINE....................................................................................................................... 52
16.4 WITHDRAWAL OF APPEAL ........................................................................................................... 52 ARTICLE 17 – MISCELLANEOUS ................................................................................... 53
17.1 STRIKES AND LOCKOUTS ........................................................................................................... 53
17.2 SAVINGS CLAUSE ......................................................................................................................... 53
17.3 CIVIL SERVICE BOARD RULES .................................................................................................... 53
17.4 NON-DISCRIMINATION ................................................................................................................. 54
17.5 SELECTION OF VACANCIES ........................................................................................................ 54
17.6 TRIAL PERIOD ............................................................................................................................... 54
17.7 CONTRACTING OUT ..................................................................................................................... 54
17.8 PAYROLL ERRORS ....................................................................................................................... 54
17.9 DRIVER LICENSE REQUIREMENTS ............................................................................................ 55
17.10 ZONAR OR OTHER GLOBAL POSITIONING SYSTEM (GPS) & SAFETY STICKERS ........... 56
17.11 TRANSPORTATION ................................................................................................................... 56
17.12 PROBATIONARY PERIOD ......................................................................................................... 57
17.13 NEW EMPLOYEE ORIENTATION ............................................................................................. 58
17.14 EMPLOYEE INFORMATION ...................................................................................................... 58
17.15 PERS RETIREMENT PLAN ........................................................................................................ 58
17.16 MODIFIED/ALTERNATIVE DUTY POLICY ................................................................................ 59
17.17 SUPERVISOR BENEFITS .......................................................................................................... 59
17.18 ON THE JOB TRAINING PROGRAM ......................................................................................... 59
17.19 DEFERRED COMPENSATION PLAN ........................................................................................ 60
17.20 TERM .......................................................................................................................................... 60
1 PREAMBLE
This AGREEMENT, hereinafter referred to as the Agreement, entered into by the CITY OF SACRAMENTO, hereinafter referred to as the City, and the INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, LOCAL LODGE NO. 2182, DISTRICT LODGE 190, hereinafter referred to as the Union, has as its purpose the promotion of harmonious labor relations between the City and the Union, establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, hours of work, and other conditions of employment.
ARTICLE 1 – RECOGNITION
1.1 RECOGNITION
a. The City hereby recognizes the Union as the exclusive bargaining agent for all employees in the Automotive/Equipment Mechanics Unit, as defined in the City's Employer -Employee Relations Policy, and agrees to meet and confer and otherwise deal exclusively with the Union on all matters relating to the scope of representation pertaining to the said employees as authorized by law.
b. The Union or the City will not object to the State Mediation and Conciliation Service or the American Arbitration Association conducting any election pursuant to the City's Employer-Employee Relations Policy.
1.2 EMPLOYEES COVERED BY THIS AGREEMENT
Any employee working in a job classification in the Automotive/Equipment Mechanics Unit shall be covered by this Agreement except as hereinafter provided.
Additionally, any career employee covered by this Agreement who accepts a temporary appointment to a classification outside this Agreement shall continue to be covered by this Agreement for a period of ninety (90) calendar days. Such temporary appointment shall be treated as an out -of-classification assignment.
Similarly, a career employee not covered by this Agreement who accepts a temporary appointment to a classification covered by this Agreement shall not fall under the provisions of this Agreement for a period of ninety (90) calendar days.
The City shall not make temporary appointments under this provision for the sole purpose of eroding the bargaining unit.
The following terms are defined as used throughout this Agreement:
Career Employees : Those employees having either probationary or permanent status in a classification covered by this Agreement.
Non-Career Employees : Employees working in a classification covered by this Agreement who are not required to serve a probationary period and who therefore
2 have neither probationary nor permanent status. There are the following two (2) categories of non-career employees:
(+1,040): These non-career employees work, within one (1) year of each date of employment, in excess of 1,040 hours during a continuous period of employment of more than six (6) months.
(-1,040): These non-career employees work, within one (1) year of each date of employment, 1,040 or less hours. Included in this category are all non -career employees who do not fall under the (+1,040) definition.
ARTICLE 2 – SOLE AGREEMENT
2.1 SOLE AGREEMENT
a. The City and the Union both agree that this Agreement, when signed by both parties hereto, and approved by the City Council, supersedes all other Agreements and supplements and represents the sole agreement between the parties.
b. If during its term, the parties hereto should mutually agree to modify, amend or alter the provisions of the Agreement in any respect, any such change shall be effective only if and when reduced to writing and executed by the authorized representative of t he City and the Union. Any such changes validly made shall become a part of this Agreement and subject to its terms. c. The waiver of any breach or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all terms and conditions herein.
ARTICLE 3 – CITY RIGHTS
3.1 CITY RIGHTS
The City retains the exclusive right, subject to and in accordance with applicable laws, the City Charter, Civil Service Board Rules and Regulations, and the provisions of this Agreement, (a) to direct employees in the performance of their duties; (b) to hire, promote, transfer and assign employees; (c) to clas sify employees in accordance with applicable Charter, ordinance and Civil Service Board Rule provisions; (d) to discipline employees; (e) to dismiss employees because of lack of work or for other reasonable cause; (f) to determine the mission of its Divisi ons and Departments, and its budget, organization, the number of employees, and the numbers, types, classifications and grades of positions or employees assigned to an organization unit, work project, shift, or tour of duty, and the methods and technology of performing its work; and (g) to take whatever action may be appropriate to carry out its mission in situations of emergency.
3 ARTICLE 4 – UNION RIGHTS
4.1 PAYROLL DEDUCTIONS
a. In addition to continuing existing payroll deductions under plans to which the City is or shall hereafter be a contracting party, the City agrees to establish payroll deductions for members of the Union for: (1) the normal and regular monthly Union membership dues and assessments, (2) monthly insurance premiums for plans sponsored by the City or the Union, not to exceed three (3) insurance deductions per member, including other Union- sponsored programs.
b. All the above payroll deductions shall be subject to the following conditions:
(1) Such deductions shall be made pursuant to the terms and conditions set forth in this Agreement using the Union’s Member Enrollment Form (hereafter, “Member Enrollment Form” agreed to by the City and Union.
• Employee full name;
• Employee date of birth;
• Employee eCaps ID number or the last four numbers of their Social Security number;
• Amount or percentage to be deducted from employee’s bi - weekly paycheck for membership dues;
• Additional deductions (e.g., life insurance); and
• Any additional necessary information.
Any future changes or modifications to the member enrollment form shall be agreed upon between the City and Union.
(2) Such deductions shall be made only upon submission of the member enrollment form, by the Union, to the Payroll Division, Department of Finance.
(3) Dues deductions shall occur over twenty -four (24) pay periods per year, which shall be the first two (2) pay periods each month. If for any reason an employee does not have sufficient funds due them to provide for the payment of any of the above payroll deductions after all other authorized or mandatory deductions or garnishments have been made, if any, no such sums shall be payroll deducted and the Union shall assume the duty of direct collection from the employee.
4 (4) The Union is responsible for submitting the member enrollment form to the Payroll Division, Department of Finance, any changes in the amounts to be payroll deducted from the paychecks of employees who have so authorized.
(5) When changes in the rates affect large groups of the Union’s members, the Union may, in place of the agreed upon member enrollment form, notify the Payroll Division, Department of Finance, by email, clearly defining the group of Union members affected and the new rate.
(6) Unless notified in writing by the Union of any employee’s request to cancel their union dues deduction(s), the City will continue to deduct dues, and/or any additional deduction(s) noted. Notification will be made to the Payroll Division, Department of Fin ance, utilizing the member enrollment form notating in the “Additional Information” column that it is a membership cancellation.
(7) In the event that a union member is no longer employed in a classification covered under this agreement, but remains an active employee of the City, the City may cancel their union dues deduction(s) without notification from or to the Union. Upon written notification by the Union, the City shall enroll new members and /or cancel existing membership as soon as practicable , not exceed a period of thirty (30) calendar days after notification. (8) The Union shall maintain signed authorization forms by their members certifying that the dues and/or fee(s) deduction(s) are authorized and shall provide said authorization forms to the City in the event of a dispute regarding the existence or terms of suc h authorization. The City will remit to the Union a check for all the deductions.
c. The Union will promptly refund to the City any amounts paid to the Union in error under this Section. The union expressly agrees to indemnify and hold the City harmless from any and all claims, demands, costs (including any costs incurred by the City in de fense of a lawsuit), expenses, damages or other monetary losses out of or in any way connected with any action or inaction of the City in the adoption or administration of this Section. This hold harmless and indemnity agreement shall include, but not be limited to, employee legal actions of any sort or nature against the City based upon or related to this Section. This hold harmless and indemnity agreement is not applicable when the Union takes action against the City to enforce the terms of this Agreement regarding dues deduction as related to this Section.
5 4.2 UNION SECURITY
Duty of Fair Representation
The Union shall accord fair representation in all matters to all employees in the Unit without regard to whether the particular employee is a member of the Union.
The duty of fair representation shall include, but not be limited to, all matters related to collective bargaining, discipline, contract administration, and grievance processing.
4.3 UNION REPRESENTATIVES
a. The City recognizes that the Union has established Shop Stewards who shall consist of career City employees who are represented by the Union, to handle grievances pertaining to this Agreement. A current list of Shop Stewards shall be made available to the Director of Human Resources together with any changes thereto.
b. Stewards shall not conduct Union or representational activities, including grievance handling, on City time unless prior approval is expressly granted by City management.
c. The City shall grant, upon request, a leave of absence without pay for Union business if the request is made one (1) month in advance of the time requested off. The leave of absence without pay shall be limited to one career employee and one workweek per fiscal year.
4.4 BULLETIN BOARDS
a. Space shall be provided on City property, at locations mutually agreed upon, for Union bulletin boards for the posting of the following types of notices:
(1) Union recreational and social activities.
(2) Union elections.
(3) Union appointments and results of Union elections.
(4) Union meetings.
(5) Union Shop Sign.
b. Such other notices as may be mutually agreed upon by the Union and the Director of Human Resources. Bulletin boards are for the sole purpose of such notices as are listed above. The board size shall be three (3) feet by four (4) feet.
6 4.5 NEW OR REVISED JOB CLASSIFICATIONS
a. It is recognized that the establishment of new or revised job classifications within the Unit covered by this Agreement may be warranted because of changes in job content or services offered by the City. Under such circumstances, the City shall prepare and submit the proposed descriptions to the Union at least fifteen (15) calendar days prior to submission to the Civil Service Board.
b. The Union and the City shall meet prior to submission of the proposed descriptions to the Civil Service Board and shall make every reasonable effort to reach agreement on a joint proposal to the Civil Service Board. c. The Union shall have the right to file an appeal to the Civil Service Board regarding job classification.
d. After the classification is designated to a Unit represented by the Union, the City will negotiate with the Union the salary range for the new classification or for the revised classification, if there has been sufficient changes in the job duties and responsibilities, prior to submission to the City Council. e. The City shall submit all job announcements for positions covered under this Agreement to the Union not less than five (5) days prior to publication by the City.
ARTICLE 5 – GRIEVANCE PROCEDURE
The City and the Union agree to implement the following grievance procedure:
5.1 PURPOSE
a. This grievance procedure shall be used to process and resolve grievances arising under this Agreement except to the extent that the City Charter vests jurisdiction elsewhere.
b. The purposes of this procedure are:
(1) to resolve grievances informally at the lowest possible level; (2) to provide an orderly procedure for reviewing and resolving grievances promptly.
5.2 DEFINITIONS
a. A grievance is a good faith complaint of one or a group of employees, or a dispute between the City and the Union involving the interpretation, application, or enforcement of the express terms of this Agreement.
7 b. No matter shall be considered as a grievance under this Article unless it is presented in writing within thirty (30) calendar days after occurrence of the events on which the grievance is based. With the consent of the City's third step grievance the thirty (30) calendar day time limit for filing grievances may be extended.
c. As used in this procedure, the term "supervisor" means the individual who assigns, reviews and directs the work of an employee.
d. As used in this procedure the term "party" means an employee, the Union, the City, or their authorized representatives.
e. The employee retains all rights conferred by Sections 3500 et. seq., of the Government Code or the Rules and Regulations of the Civil Service Board of the City unless waived by such employee.
5.3 STEP ONE
An employee who believes they have cause for grievance may contact their supervisor alone. An employee who believes they have cause for grievance may contact their supervisor with their Shop Steward. If after discussions with the supervisor, the employee does not feel the grievance has been properly adjusted, the grievance may be reduced to writing. The grievance statement shall include the following:
a. A statement of the grievance clearly indicating the question raised by the grievance and the article(s) and section(s) of this Agreement. b. The remedy or correction requested of the City.
c. The grievance form shall be signed by the grieving employee, the date and time of presentation affixed thereto, and signed as received by the employee's Division Head.
d. The grieving employee's Division Head or designee shall give their answer to the grievance in writing within fourteen (14) calendar days from the time they receive the grievance in writing. This first step answer shall include the following:
(1) A complete statement of the City's position and the facts upon which it is based.
(2) The remedy or correction which has been offered, if any.
5.4 STEP TWO
The appeal to the second step will be made within fourteen (14) calendar days .
The hearing of the grievance will be held within fourteen (14) calendar days of the second step appeal. The Union representative and designated departmental
8 representative will meet in an effort to settle the matter. The City's answer will be made within fourteen (14) calendar days after the hearing is held. The employee has fourteen (14) calendar days after receiving the City’s Step Two response to determine whether or not to appeal the grievance to the third step.
5.5 STEP THREE
The Union's representative and the designated representative of the City will meet to hear grievance s appealed to the third step. Grievances appealed to the third step of the grievance procedure shall be heard within fourteen (14) calendar days after the appeal to the third step of the grievance procedure. A written answer will be made within fourteen (14) calendar days after the hearing stating the City's position.
5.6 ARBITRATION
If the third step answer is not satisfactory to the employee, the Union may appeal the grievance to arbitration. The request for arbitration must be given in writing to the Labor Relations Manager by the Union within fourteen (14) calendar days from the date of the third step answer.
a. An arbitrator may be selected by mutual agreement between the Union representative and the City's representative.
b. Should the representatives fail to mutually agree on an arbitrator they shall make a joint request to the State Mediation and Conciliation Service for a list of five (5) qualified arbitrators. The parties shall alternate striking names from the list and the remaining person shall be accepted as the arbitrator.
The first party to strike will be determined by the flip of a coin. c. It is understood that the arbitrator will only interpret this Agreement and will in no instance add to, delete from, or amend any part thereof. The arbitrator's decision shall be final and binding on the City, the Union and employee.
d. The fees of the arbitrator and the court reporter, if used, will be borne equally by the Union and the City.
e. Either party to this Agreement shall, upon receipt of a written grievance, have the right to refuse to handle such grievance if the aggrieved party has not followed the steps outlined in this Article for processing a grievance. f. If the City does not meet time limits, the Union may process the grievance to the next step of the grievance procedure. Time limits at each grievance step may be waived by mutual agreement of the parties.
g. A Shop Steward or a Union representative shall have the authority to settle grievances for the Union or employees at the respective steps of the grievance procedure.
9 5.7 WITNESSES
The City agrees that employees shall not suffer loss of compensation for time spent as a witness at an arbitration hearing held pursuant hereto. The Union agrees that the number of witnesses requested to attend and their scheduling shall be reasonable.
ARTICLE 6 – SALARY ADJUSTMENTS
6.1 SALARY
Effective July 1, 2023, all salary steps shall be increased by ten percent (10%).
This increase to all salary steps will be implemented within sixty (60) calendar days after the adoption of this Agreement by City Council. Only those employees who are on the payroll and who are employed in a classification covered by this Agreement on the date of implementation will receive the increase retroactively.
A list of classifications covered under this agreement can be found in the City’s Employer-Employee Relations Policy.
6.2 SALARY RANGE
Employees shall be covered under the eight-step salary range consisting of Steps 1 through 8.
ARTICLE 7 – INCENTIVE PROGRAM
7.1 CLASSIFICATIONS ENTITLED TO INCENTIVE PAY
a. Equipment Mechanic I, II, & III and Equipment Serviceworker shall receive a $165.00 monthly incentive, in addition to their base salary, if they possess a valid Advanced Emission Specialist Technician Certification for the State of California Department of Consumer Affairs.
b. Equipment Mechanic I, II, & III; Equipment Body Mechanic I, II, & III; Equipment Serviceworker; and Vehicle Service Attendant shall receive a $60.00 monthly incentive, in addition to their base salary, if they possess a valid Undercar Specialist A4, A5, X1 certifications from the Bureau of Automotive Repair. Employees receiving this incentive are only allowed to receive the additional ASE certification incentives under 7.1(c) and/or 7.1(d) after completion of two (2) or more additional ASE certifications. c. Equipment Mechanic I, II, & III; Equipment Body Mechanic I, II, & III; and Equipment Serviceworker shall receive up to a maximum of $150.00 monthly incentive, in addition to their base salary, if they possess valid Auto certifications from Automotive Service Excellence (ASE). Employees shall
10 receive monthly incentives based on the following: 2 ASE Certs: $25 .00; 4 ASE Certs: $50.00; 6 ASE Certs: $75.00; and Master Cert: $150.00. d. Equipment Mechanic I, II, & III; Equipment Body Mechanic I, II, & III; and Equipment Serviceworker shall receive up to a maximum of $150.00 monthly incentive , in addition to their base salary , if they possess valid Truck certifications from Automotive Service Excellence (ASE). Employees shall receive monthly incentives based on the following: 2 ASE Certs:
$25.00; 4 ASE Certs: $50 .00; 6 ASE Certs: $75 .00; and Master Cert:
$150.00.
e. Equipment Body Mechanic I, II, & III shall receive a $ 60.00 monthly incentive, in addition to their base salary , if they possess a valid Master Collision Specialist certification from Automotive Service Excellence (ASE). f. Fire Service Workers, who are SCBA certified, shall receive a one percent (1%) incentive above their base rate of pay.
g. If an employee has Master Auto/Truck and the Undercar certification, employee will not receive the Undercar incentive.
h. Incentives shall not be compounded.
i. All licenses and certificates are subject to renewal as indicated below. City will reimburse employees for costs associated with classes and books incurred in training to obtain or renew the licenses or certificates. The City will not reimburse employee for the cost of the test to obtain the license or certificate. Time spent in obtaining licenses or certificates shall either be during non-working hours or while on approved personal leave, including vacation, CTO, or holiday time.
Licenses or certificates are valid for the following periods:
(1) Smog License - 2 years from issue
(2) ASE or Equivalent Test Certificates - 5 years from issue (or duration of the certificate whichever is shorter)
j. Incentives are payable only if the required valid license or certificate is on file in the Department of Public Works, Fleet Management Division during the entire pay period.
k. Payment for c ontinuing education is eliminated effective September 3, 2005.
11 ARTICLE 8 – SALARY ADMINISTRATION
8.1 ORIGINAL APPOINTMENT COMPENSATION RATE
The rate of compensation upon original appointment shall normally be Step 1, as applicable. However, if the City Manager or designee finds that the appointee has extraordinary qualifications, or that a higher step is necessary in order to recruit, appointment at any step in the range may be made. This provision shall apply to original appointments to career positions and appointments to non -career positions.
8.2 ADVANCEMENT IN RATE OF COMPENSATION
a. Advancement in Steps
(1) Upon successful completion of twenty -six (26) weeks (1,040 hours) of service, an employee shall be advanced to the next higher step of the salary range of the classification. Employees who thereafter maintain a normally satisfactory level of performance shall be advanced automatically at fifty-two (52) week (2,080 hours) intervals to succeeding steps of the assigned salary range.
(2) Time spent on leave of absence without pay of ten (10) or less consecutive workdays shall not affect the step increase eligibility date. For such leaves in excess of ten (10) consecutive working days, all leave time shall not count toward step increases. (3) An employee who has completed the required probationary period in their current classification and who is at a salary step lower than top step may be advanced to any higher step in the salary range for that classification at any time. Such step advancement under this provision shall not be subject to the grievance procedure and shall be at the sole discretion of the Department Head.
(4) This Section shall not apply to non-career employees. b. Denial of Step Increase and Reduction in Grade
Employees who do not maintain a satisfactory level of performance may be denied advancement, and may be reduced within grade upon approval of the appointing authority. Employees in the civil service who are denied advancement, or who are reduced in grade, shall have the right to appeal to the Civil Service Board in accordance with its rules and regulations. (This subsection shall not apply to non-career employees.)
c. Effective Date of Step Increases/Payroll Changes
All payroll changes shall be effective on the first day of the bi -weekly pay period following the date the employee became eligible for a pay increase,
12 which bi-weekly pay period shall begin at 12:01 a.m. Saturday of the first week, and end at 12:00 midnight on the Friday of the second week. d. Effective Date of Salary Step Increase Upon Extension of Probationary Period
(1) If the probationary period is extended due to light duty, sick leave, or injury-on-duty time, the salary step increase will be delayed for the period of the extension. However, the probationary period shall only be extended if the time exceeds thirty (30) consecutive calendar days.
(2) For an employee in a classification with a six (6) month probationary period who successfully completes the extended probationary period, the period of the extension shall be included in determining the eligibility date for the salary step increase. For example, an employee is appointed on January 4, 1986, and works in the regular assignment until April 11, 1986. On April 12, 1986, the employee is on injury-on-duty time until July 4, 1986 , and returns to the regular assignment on July 5, 1986. The employee successfully completes the probationary period on September 26, 1986. The effective date on the salary step increase is July 5, 1986, because the period April 12, 1986, to July 4, 1986, is included in determining the salary step eligibility date.
(3) If a probationary period is extended due to an unpaid leave of absence, the period of such extension is excluded in determining the eligibility date for a salary step increase.
8.3 EFFECT OF CLASSIFICATION CHANGE ON RATE OF COMPENSATION a. Movement to a Higher Classification
When an employee moves from one classification to another which has a higher salary, through examination, appointment to an exempt position, temporary appointment in the absence of an eligible list, or reallocation, the employee shall receive an increase a t least equal to a full in -grade salary step (5%) or Step 1, as applicable, of the higher classification, whichever is greater, but not to exceed the maximum rate of the higher classification. b. Movement to Another Position in the Same Classification or to a Classification With the Same Salary Range
When an employee moves to another position in the same classification or to another classification with the same salary range, the employee shall maintain the same salary and same anniversary date.
13 c. Movement to a Lower Classification
When an employee's position is reallocated to a classification with a lower salary range, the employee shall suffer no reduction in salary, and the Y - rate provisions of this Agreement shall apply. The salary of an employee who voluntarily demotes shall be that salary step nearest but does not exceed such salary paid in the previous classification.
8.4 EFFECT OF CHANGE OF SALARY RANGE UPON COMPENSATION
Whenever the salary range of a classification is adjusted upward, the salary rate of each employee in the classification shall be adjusted to the step in the new range which corresponds to the step received in the former range, and the employee shall retain the current anniversary date for further increases within the new range.
8.5 RATE OF COMPENSATION UPON RETURN TO CITY SERVICE
a. An employee recalled after layoff, reinstated after a leave of absence, or reemployed in the same classification after resignation shall return to the same salary step paid at the time of departure.
b. If the employee is reemployed after resignation to a classification lower than that in which last employed, the employee may receive any step, but not to exceed the salary of the classification in which last employed. If that step is other than the maximum step of the salary range, the anniversary date for subsequent in-grade adjustments shall be twelve (12) months from the date of reemployment and each year thereafter until the maximum step of the salary range is reached.
8.6 RATES HIGHER THAN TOP STEP (Y-RATE)
Whenever the salary of an employee exceeds top step of the salary range established for a classification as applicable, such salary shall be designated as a "Y-rate." During such time as an employee's salary remains above the top step, the employee shall not receive further salary increases, except that upon promotion to a higher classification, the employee shall immediately advance to the step of the range of the higher classification next above the "Y -rate," and be eligible for advancement to succeeding steps in the range as outlined in this Agreement. In the event an employee is "Y -rated" below top step, the employee shall be permitted to advance to the maximum step of the original range.
8.7 LONGEVITY PAY
Employee eligibility for longevity pay shall be determined as provided in Section 108 of the City Charter . The amount of payment after twenty (20) years of City service shall be one hundred dollars ($100.00), and after twenty-five (25) years of City service, an additional two hundred dollars ($200 .00), for a total of three hundred dollars ($300 .00). The parties acknowledge that Longevity Pay is
14 provided in the City Charter and not through this Agreement. In the event that changes are made to the City Charter, those changes shall supersede the provision of this Agreement regarding Longevity Pay.
Longevity Pay as provided in this Section shall be reported to CalPERS in a manner consistent with CalPERS rules for reporting special compensation, as amended.
ARTICLE 9 – HEALTH AND WELFARE
9.1 CONTRIBUTION TO FULL-TIME AND PART-TIME CAREER EMPLOYEES a. The City shall administer a Cafeteria Plan benefits program for employees consistent with Internal Revenue Code Section 125 . The details of Plan eligibility and operational requirements are set forth in Plan documents. The City shall make contributions (City dollars) as defined below. One-half (1/2) of the City contributions will be made to eligible employees on the first two (2) paychecks (Eligible Paycheck) in each month for insurance coverage the first and second halves of that month, respectively. b. The amount of City contribution as provided in Section 9.3 (b)(1 -3) and (c) for the first two (2) paychecks in each month shall be based on the number of hours for which the employee was paid in that bi -weekly pay period: 64 or more hours paid = 100% contribution; 40 -63.9 hours paid = 50% contribution.
c. Employees shall receive a City contribution for each Eligible Paycheck on which the employee is paid for forty (40) or more hours. Employees who are paid less than forty (40) hours o n an Eligible Paycheck may continue elected coverage limited to the City's medical, dental, and vision plans for up to six (6) months or the period of time permitted by the Consolidated Omnibus Budget Reconciliation Act (COBRA), whichever is greater , by personal remittance or other arrangement for payment of the full premiums of any insurance elected to be continued. Employees shall continue to receive a City contribution for each Eligible Paycheck during an approved leave of absence, if required by state and federal law, or while suspended from service without pay.
d. All terms and conditions of medical, dental, vision, disability, and basic life insurance sponsored by the City will be as outlined in certificates of coverage and related insurance contracts. Eligible career employees may apply the City contribution for the City's disability plan or the Union - sponsored disability income protection plan, but not both.
15 9.2 CONTRIBUTION TO NON-CAREER EMPLOYEES
a. Benefit eligible non-career employees shall receive prorated City dollars as indicated in 9.1(b), above. Except as provided herein, the City dollars shall be applied toward the premiums for City -sponsored medical , dental, and vision insurance plans for eligible employees and qualified dependents, if any.
b. To be eligible for City dollars under this Section, the non -career employee must be paid for a minimum of forty (40) hours of work on each paycheck.
If the employee fails to be paid for the minimum forty (40) hours necessary to receive the City contribution, the City shall deduct from the employee's first two (2) paychecks each month the amount needed to pay for the insurance plans which the employee has selected. If this deduction from the employee's first two (2) paychecks each month cannot be made in its entirety, it is the responsibility of the individual employee to pay for the remaining amount. Failure to do so before the end of the calendar month including such paycheck(s) shall automatically drop the employee from the City-sponsored insurance program until the next open enrollment period.
9.3 AMOUNT OF CONTRIBUTION
a. Account Based Health Plan (ABHP)
(1) The ABHP is a combination of a High Deductible Health Plan (HDHP) and a Health Savings Account (HSA).
(2) Employees enrolled in an ABHP, the City contributions shall be as specified in Section 9.3(b), below. To the extent that the premium for the ABHP is less than the City contributions outlined below, any remaining City contribution shall be credited to the employee’s HSA, to the extent allowed by law.
b. City Contributions
(1) Full-time employees enrolled in a City -sponsored medical plan for employee only, the City contribution shall be $838.00 per month.
Effective December 30, 2023, for full -time employees enrolled in a City-sponsored medical plan for employee only, the City contribution shall be $955.00 per month.
(2) Full-time employees enrolled in a City -sponsored medical plan for employee plus one (1) dependent, the City contribution shall be $1,333.00 per month.
Effective December 30, 2023, for full -time employees enrolled in a City-sponsored medical plan for employee plus one (1) dependent, the City contribution shall be $1,520.00 per month.
16 (3) Full-time employees enrolled in a City -sponsored medical plan for employee plus two (2) or more dependents, the City contribution shall be $1,777.00 per month.
Effective December 30, 2023, for full -time employees enrolled in a City-sponsored medical plan for employee plus two (2) or more dependents, the City contribution shall be $2,026.00 per month. c. Employees not enrolled in a City-sponsored medical plan shall receive up to $747.00 per month to purchase City-sponsored dental and vision coverage
d. Effective the first paycheck of 2025 , for plan year 202 5, the City shall contribute fifty percent (50%) of the first fifty dollar s ($50.00) of premium increases, up to a total City dollar maximum contribution of twenty -five dollars ($25 .00) per month, toward the cumulative total increase in premiums, from plan year 202 4 to plan year 202 5, of the benchmarked twenty-five dollar ($25.00) Kaiser HMO, Delta Dental PPO, & VSP basic vision plans. The employee shall be responsible for any premium increase(s) which exceed this amount.
e. If all City bargaining units agree to the change, employees who are eligible to receive the City contribution who do not provide proof of other group medical coverage or do not enroll in City medical coverage within thirty (30) calendar days of being eligible for the City’s contribution shall be enrolled in the lowest cost ABHP medical plan for employee only coverage. If all City bargaining units do not agree to the change, the City will continue to enroll such employees in the lowest cost traditional HMO medical plan for employee only coverage.
f. Employees shall not receive any unused portion of the City contribution as cash.
9.4 COVERED DEPENDENTS
a. An employee who has a domestic partner, and has a notarized City - provided “Declaration & Understanding of Partnership Status for City of Sacramento Employee Health Benefits” dated on or before January 23, 2017, may cover the domestic partner under the employee's City-sponsored medical, dental or vision plan. The employee will pay for the premium difference for the domestic partner coverage as an out-of-pocket employee cost. In no event will the City's monthly health and welfare contribution be used to pay for the cost of the domestic partner's coverage. b. An employee who has a domestic partner, and is registered with the Secretary of State of the State of California, may cover the domestic partner and/or the domestic partner's children, under the employee's City - sponsored medical, dental, or vision plan. Employees with registered State
17 of California domestic partners shall receive the City contrib utions as specified in Section 9.3.
c. The following eligible dependents qualify to be enrolled on a City medical, dental, or vision plan: lawfully married spouse or registered domestic partner; children up to age 26 who are an employee’s natural child, stepchild, adopted child, or the natural or a dopted child of an employee’s spouse or registered domestic partner; children up to age 26 who are placed under the legal guardianship of an employee, the employee’s spouse, or employee’s registered domestic partner; children up to the age of 26 in which the City has received notice of a Qualified Domestic Relations Order of required coverage; and disabled unmarried children over the age of 26 who reside with the employee. The definition of a dependent child for the purposes of medical insurance shall also be in accordance with the Patient Protection and Affordable Care Act.
d. An employee covered as a dependent of another City employee may not enroll in a City medical plan but may enroll in a City dental or vision plan.
9.5 CASH-BACK LIMITS
a. The cash-back for eligible employees who waive City -sponsored medical insurance shall be $200.00 per month. The $200.00 per month shall remain in effect through the end of the contract. Part-time employees shall be pro- rated as indicated in 9.1(b).
b. Cash-back shall be available to employees who waive medical insurance enrollment during the 2013 open enrollment period. No employee shall receive cash back that is not receiving cash back at the end of the 2013 open enrollment period. Cash-back shall not be included in the employee’s base rate of pay when determining such rate for contract overtime. c. Employees transferring to classifications in the Automotive/Equipment Mechanics Unit who are receiving cash -back at the time of transfer may maintain the cash back option as long as they continuously waive City - sponsored medical insurance.
9.6 LIFE INSURANCE
a. The City provides basic life insurance in an amount of $ 10,000.00 to each eligible career employee at no charge. Employees may purchase, at their expense, additional life insurance of $40,000.00.
b. Employees may also purchase, at their expense, supplemental life insurance at an amount of up to three (3) times their annual salary, subject to limitations specified by the insurance carrier.
18 9.7 FLEXIBLE SPENDING ACCOUNTS
The City shall establish the following Flexible Spending Accounts (FSA) as permitted by Internal Revenue Service Regulations:
a. Out-of-pocket costs for City -sponsored medical and dental insurance premiums;
b. Unreimbursed health care expenses; and
c. Dependent care reimbursement.
The City shall provide a summary of IRS rule on flexible spending limits during each open enrollment to both the employees and the Union.
9.8 RETIREE OR SURVIVOR DEPENDENTS
Eligible City retirees or survivor dependents shall receive City -paid retiree insurance contributions for medical, dental, and vision insurance benefits under the following provisions:
a. Retiree Insurance Contribution Rates , Dental, and Vision Insurance Benefits
The maximum City contribution towards the purchase of medical, dental, or vision insurance for retirees is $300 .00 per month for the retiree. A retiree with one (1) or more dependent(s) enrolled on the retiree’s medical plan shall receive an additional sixty-five dollars ($65.00) per month, for a total maximum monthly contribution of $365 .00. Retirees shall not receive any unused portion of the City contribution as cash.
b. Employees Retiring On or After July 1, 1992
(1) Except as provided below, to be eligible for the City ’s retiree insurance contribution, the employee must retire from active service with a minimum of ten (10) full years of City service for a service or ordinary disability retirement, and be minimum age fifty (50). (2) Employees retiring with thirty (30) or more years of City service shall be eligible for the City's retiree insurance contribution and dental and vision benefits effective with the date of retirement without regard to age.
(3) The City's retiree insurance contribution shall be as follows:
(a) Employees with a minimum ten (10) full years of City service but less than fifteen (15) full years of City service shall be eligible to a maximum of fifty percent (50%) of the City's
19 maximum retiree insurance contribution identified in subsection 9.8(a) above.
(b) Employees with a minimum of fifteen (15) full years of City service but less than twenty (20) full years of City service shall be eligible to a maximum of seventy-five percent (75%) of the City’s maximum retiree insurance contribution identified in subsection 9.8(a) above.
(c) Employees with a minimum of twenty (20) full years of City service shall be eligible for up to one hundred percent (100%) of the City's maximum retiree insurance contribution identified in subsection 9.8(a) above.
(4) There shall be no City -paid retiree insurance contribution or dental and vision benefits for retirees with less than ten (10) full years of City service.
(5) An employee who does not retire from the Sacramento City Employee Retirement System (SCERS) or the California Public Retirement System (CalPERS) within one -hundred twenty (120) days from the date of separation from City service shall not be eligible for the City’s retiree insurance contribution and may not enroll in a City medical, dental, or vision plan.
c. Retiree Insurance Contribution for Persons in Deferred Retirement Status as of January 1, 1991
Employees who have elected a deferred retirement prior to January 1, 1991, and who then elect to retire on or after July 1, 1992, and before December 23, 2017, shall be eligible for the City’s retiree insurance contribution as follows:
(1) Employees with at least ten (10) full years of City service , but less than fifteen (15) full years of City service, shall be eligible for fifty percent (50%) of the City's retiree insurance contribution as identified in subsection 9.8 (a) above.
(2) Employees with at least fifteen (15) or more full years of City service, but less than twenty (20) full years of City service, shall be eligible for seventy -five percent (75%) of the City’s maximum retiree insurance contribution as identified in subsection 9.8 (a) above. (3) Employees with a minimum of twenty (20) full years or more of City service shall be eligible for one hundred percent (100%) of the City's retiree insurance contribution as identified in subsection 9.8(a) above.
20 (4) Retirees must be at least fifty (50) years of age. (5) There is no eligibility for retiree insurance contribution or dental benefit for retirees with less than ten (10) full years of City service or who have not attained the age minimum specified in subsection
9.8(b)(1) above.
d. Pre-Medicare Eligible Retirees
Pre-Medicare retirees who are not eligible for Medicare benefits may elect to participate in a City -sponsored medical plan or purchase an individual medical plan. A retiree who elects to purchase an individual medical plan not sponsored by the City shall only be eligible to enroll in a City medical plan if the retiree enrolls with an effective date of cov erage which is within two (2) years from the date their prior City medical coverage terminated. e. Medicare Retirees
In order to maintain eligibility for the City retiree insurance contribution, each eligible retiree and eligible dependent(s) shall enroll in Medicare Parts A and B immediately after becoming eligible for such benefits. Medicare retirees may elect to participate in a City-sponsored Medicare medical plan or purchase an individual Medicare medical plan.
Medicare retirees who have enrolled in Parts A and B after becoming eligible for such benefits m ay elect to participate in a City -sponsored Medicare medical plan without restriction to the amount of time the retiree has waived a City -sponsored medical plan. Medicare retirees may only enroll on their City -sponsored Medicare medical plan a Medicare eligible dependent(s) who has enrolled in Parts A and B.
Medicare retirees who are eligible for Medicare Parts A and B and who elect to purchase an individual medical plan shall only be reimbursed the cost of the individual premiums associated with a Medicare Advantage, Medicare Supplemental, and/or Medicare Prescription Drug plan up their eligible City contribution.
f. Retiree Insurance Contribution Exclusion
Retirees who participate in another group medical plan as an employee or dependent spouse shall not be eligible for the City contribution as provided in subsection 9.8(a) above.
g. Industrial Disability or Death in Line of Duty Survivors Retirees who receive industrial disability pensions or death in -line-of-duty survivors shall be entitled to one hundred percent (100%) of the City -paid retiree insurance contribution and dental and vision benefits for retirees regardless of years of service.
21 h. Survivor Dependents Benefits
Survivor dependents of eligible retirees shall continue to receive the retiree insurance contribution of up to $300.00 for the survivor only or up to $365.00 for the survivor and eligible dependent.
Eligible dependent as used in this Section, is defined as a dependent who was eligible to be enrolled on the retiree’s benefit plan at the time of the retiree’s death.
i. Medicare Supplement
In order to maintain eligibility for the City-paid retiree insurance contribution, each eligible retiree and dependent shall enroll in Medicare Parts A and B immediately after becoming eligible for such benefits.
j. Limitation Clause
No employee or retiree shall have any rights provided by this Section 9.8 (Retirees Or Survivor Dependents) after July 11, 2025.
k. Elimination of Retirees or Survivor Dependents Benefits for Employees Hired After June 30, 2013
(1) No employee hired, reemployed, or rehired on or after June 30, 2013, shall be eligible for any benefits provided by this Section. Employees transferring to classifications in the Automotive/Equipment Mechanics Unit after June 30, 2013, shall be ineligible for any benefits provided by this section, unless the transferring employee was eligible for retiree or survivor dependent benefits at the time of transfer.
(2) Employees being recalled from layoff, reinstated consistent with the Rules and Regulations of the Civil Service Board, Rule 10.6 , or transferring to classification s covered by this Agreement after June 30, 2013, shall be eligible for the benefits provided by this Section only if the employee was eligible for retiree or survivor dependent benefits at the time of layoff, reinstatement, or transfer. l. Resuming Retiree or Survivor Dependents Benefits for Eligible Personnel Who Unretire from City Service and Subsequently Re -Retire from City Service On/After January 13, 2024
Individuals retired from classifications represented by the Union who are eligible for retiree or survivor dependents benefits under Section 9.8 shall have these benefits suspended if they elect to unretire and return to active employment with the City of Sacramento.
22 Notwithstanding Section 9.8(k), upon re -retirement from a classification represented by the Union, retirees who were eligible for retiree or survivor dependents benefits under Section 9.8 at the time of their first retirement, shall receive the City contri bution to which they were entitled upon their original retirement date. Years of service during the employee’s return to active employment will not be used to determine any employee’s entitlement to the City’s retiree insurance contribution under Section 9.8.
Example: An employee retires from a classification represented by the Union with fifteen (15) years of City service. The employee is eligible for 75% of the City’s retiree insurance contribution.
The individual unretires and works in a Union -represented classification for another ten (10) years. When the employee re-retires, the employee is only eligible for the fifteen (15) year contribution amount, irrespective of any additional years of service worked for the City.
9.9 STATE DISABILITY INSURANCE (SDI)
At any time during the term of the Agreement, the Union may hold an election to determine if its members wish to participate in the State of California short -term disability insurance program (CASDI) at the sole expense of the Union membership. That election must be held pursuant to, and consistent with, laws of the State of California. Upon notification that the members have voted to participate in the program the City will, as soon as administratively feasible, establish enrollment in state short-term disability insurance program for the Union membership.
ARTICLE 10 – LEAVES
10.1 HOLIDAY BENEFITS
a. The following shall be the recognized holidays under this Agreement:
Holiday Date
New Year's Day January 1
Martin Luther King's Birthday Third Monday in January
Washington's Birthday Third Monday in February
Cesar Chavez's Birthday March 31
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Day Friday after Thanksgiving
Christmas Eve (4 hours) December 24
23 Christmas Day December 25
New Year's Eve (4 hours) December 31
The value of a full holiday listed above shall be eight (8) hours. b. Eligibility
(1) To be eligible for holiday pay, the employee shall work the last scheduled workday before the recognized holiday and the first scheduled workday after the recognized holiday, unless the employee was on pay status on authorized vacation, sick leave, compensating time off or holiday credit on either or both of these workdays.
(2) A part -time career employee, including an employee in a work sharing program, or a non -career (+1,040) employee shall receive the recognized holiday benefit based upon the number of hours the employee was paid in that workweek as follows:
Number of
Recognized Holidays
In the Workweek
Minimum Number of Paid
Hours in the Workweek
50% Benefit 100% Benefit
0.5 18 28.8
1.0 16 25.6
1.5 14 22.4
2.0 12 19.2
An employee paid for less than the minimum number of hours required for the fifty percent (50%) benefit shall receive no recognized holiday benefit.
(3) Notwithstanding any provision of this Section, non -career ( -1,040) employees shall not receive recognized or floating holiday benefits. c. Monday-Friday Schedule
If an employee's scheduled days off are Saturday and Sunday during a standard City workweek in which a recognized holiday falls, the following shall apply:
(1) If the recognized holiday falls on a Saturday, the preceding Friday shall be considered the employee's holiday.
(2) If the recognized holiday falls on a Sunday, the following Monday shall be considered the employee's holiday.
(3) An employee who is scheduled to work on a recognized holiday shall receive, at the employee's option, holiday pay plus time and one-half
24 compensation for working the holiday or holiday pay plus holiday credit on a straight-time basis for those hours worked on the holiday. d. Weekend Schedule
If an employee's scheduled days off are other than Saturday and Sunday during the standard City workweek in which a recognized holiday falls, the following shall apply:
(1) The actual dates as listed above shall be considered as the employee's holiday.
(2) If the recognized holiday falls on the employee's scheduled day off, the employee shall, at the employee's option, accrue holiday credit or receive pay for the hours of the holiday benefit.
(3) An employee who is regularly scheduled to work on a recognized holiday shall receive, at the employee's option, holiday pay plus time and one-half compensation for working the holiday or holiday pay plus holiday credit on a straight-time basis for those hours worked on the holiday.
e. Monday-Friday Alternative Schedule
Pursuant to the City’ s 9/80 Policy, employees who work a 9/80 or 4/10 schedule, if the recognized holiday falls on the employee's scheduled day off, the employee shall accrue holiday credit for the hours of the holiday benefit, up to a maximum of eight (8) hours.
f. Holiday Credit
(1) Employees may accrue holiday credit up to a maximum of eighty (80) hours. All accrued holiday time in excess of eighty (80) hours in any bi-weekly pay period shall be paid to the employee at their straight- time hourly rate.
(2) While employee preference shall be considered, the granting and scheduling of days off shall be at the discretion and needs of the appointing authority or designated representative. Furthermore, due to the operational needs of the departments, split holiday accrual may be taken only at the discretion of the appointing authority or designated representative.
25 g. Floating Holidays
(1) Accrual
In addition to the recognized holidays specified above, each employee shall receive the equivalent of two (2) floating holidays per calendar year accrued as follows:
(a) Full-time career employees shall accrue forty (40) minutes of floating holiday on the first two (2) paychecks each month, as long as the employee is in paid status forty (40) or more hours on the paycheck that the accrual would occur.
(b) A part-time career employee, including an employee in a work sharing program or a non -career (+1,040) employee shall accrue floating holiday credit based upon the number of hours for which the employee was paid in that bi-weekly pay period:
64 or more hours paid = 100% accrual; 40-63.9 hours paid = 50% accrual; less than 40 hours paid = 0% accrual.
(2) Administration
(a) The scheduling of floating holiday time must be approved in advance by the appointing authority or designated
representative.
(b) An employee may carry over from the preceding calendar year a maximum of eight (8) hours of floating holiday. All floating hours accrued and not used in excess of eight (8) hours shall be paid to the employee at the employee’s
straight-time hourly rate of pay on the final paycheck of the calendar year in which it was earned.
(c) An employee separating from City employment for any reason shall be paid for all accrued floating holiday time at the straight-time hourly rate of pay.
10.2 SICK LEAVE
a. Accrual and Usage
(1) A full-time employee shall accrue sick leave at the rate of four (4) hours on each of the first two (2) paychecks each month which may be used at the discretion of the employee in the event of illness or injury which is not job -related. In accordance with the Rules and Regulations of the Civil Service Board, one -third (1/3) of the employee’s accrued sick leave may be used after exhaustion of "injury-on-duty" time ; however, the combination of temporary disability payments and sick leave pay shall not exceed one hundred
26 percent (100%) of the employee’s regular rate of pay. Such usage shall not exceed the maximum amount of the employee's
accumulation. A part-time career or non -career (+1,040) employee shall earn sick leave on a pro rata basis.
(2) Employees who have at least four hundred and eighty (480) hours of sick leave on the last day of the pay period ending on or before November 1 in any calendar year, may make an irrevocable election to forgo the accrual of not more than twenty -four (24) hours of sick leave during the following calendar year and receive instead, a cash payment for the number of sick leave hours designate d in the election.
Notification of the irrevocable election must be made in writing to the Payroll Division, Department of Finance, between November 1 and November 30. The payment will be made on the last paycheck in May of the calendar year following the irrevocable election. Payment shall be made at the hourly rate of pay the employee is receiving at the time payment is made.
If the employee electing the payment is separated from City employment before receiving the payment, the employee forfeits any right to receive the payment, but will instead have their sick leave balances credited with the sick leave hours the employee would have accrued from January 1 following the date of election to the last day of employment.
b. Sick Leave Cash-Out/Conversion to PERS Service Credit (1) PERS
(a) PERS members hired prior to July 1, 2005, with more than twenty (20) years of City service, shall be eligible to cash out sick leave and/or convert sick leave to PERS service credit as follows:
(i) Eligible employees may receive payment for thirty - three and one-third percent (33-1/3%) of the total sick leave credits accumulated (to the nearest full day) by
the employee on the date of their retirement,
resignation, or layoff.
(ii) Eligible employees with an effective retirement date from PERS within one hundred twenty (120) calendar
days of their separation from City service may also
convert any or all of their total sick leave credits
accrued, less any payment received pursuant to
subparagraph (i), above, to PERS service credit as of
27 the date of their retirement consistent with and
pursuant to the PERS contract with the City , as
amended.
(iii) Individuals identified pursuant to California
Government Code Section 53245 as being the person
designated on the employee’s “Designation of Person
Authorized to Receive Warrants,” or in the absence of
an identified person pursuant to California Government
Code Section 52345, persons entitled by law to the
possession of the estate of a deceased employee who
was eligible to cash out sick leave credits pursuant to subparagraph (i), above, may receive payment for
thirty-three and one-third percent (33-1/3%) of the total sick leave credits accumulated (to the nearest full day) by the employee on the date of the employee’s death.
(b) Employees hired, rehired, or reemployed on or after July 1, 2005, shall not be eligible for payment of any portion of accumulated sick leave credits upon retirement, resignation, or layoff regardless of their years of service. However, employees hired, rehired, or reemployed on or after January 1, 2005, may convert the ir remaining sick leave balance to service credit consistent with law and pursuant to the PERS contract with the City upon separation of employment for retirement.
(c) No employee whose services are separated by reason of discharge for cause shall be eligible for payment of any portion of accumulated sick leave credits.
(2) SCERS
Upon separation of an employee eligible to accumulate sick leave credits for reasons of retirement, resignation and/or layoff after service for a period of not less than two (2) years, or death, such employee (or those entitled by law to the possession of the estate of a deceased employee) shall receive payment for thirty -three and one-third percent (33 -1/3%) of the total sick leave credits accumulated (to the nearest full day) by the employee on the date of such retirement, resignation, layoff, or death.
(3) No employee whose services are terminated by reason of discharge for cause or by reason of resignation or layoff prior to the completion of two (2) years of service, shall be eligible for payment of any portion of accumulated sick leave credits.
28 c. Reinstatement of Sick Leave After Return From Layoff An employee who is laid off and receives payment for thirty-three and one- third percent (33-1/3%) of their total accumulated sick leave credits shall be credited with the remaining sixty -six and two -thirds percent (66 -2/3%) of their accumulated sick leave credits if and when said employee is recalled.
If said employee thereafter leaves City service after being recalled and is entitled to payment of their accumulated sick leave credits under this Section, said employee shall only receive payment for thirty-three and one- third percent (33-1/3%) of those sick leave credits which accrued after the date of recall.
d. Sick Leave Credit Limitation
Except as provided herein, n o payments made or sick leave credits accumulated shall be construed or deemed to constitute retirement benefits payable to employees of the City.
e. Administration of Sick Leave
The Citywide Sick Leave Policy and the Rules and Regulations of the Civil Service Board relating to the administration of sick leave privileges and benefits shall apply to all eligible employees.
f. Utilization of Sick Leave
Use of sick leave is governed by the Citywide Sick Leave Policy and the Rules and Regulations of the Civil Service Board, Rule 16, and Attachment A to the Rules and Regulations of the Civil Service Board.
10.3 VACATION
a. Vacation Leave Accrual
(1) Employees with less than five (5) full years of service shall earn eighty (80) hours of vacation each year which shall accrue at three (3) hours, twenty (20) minutes on each of the first two (2) paychecks of each month.
(2) Employees with more than five (5) full years of service and less than fifteen (15) full years of service shall earn one hundred twenty (120) hours of vacation each year which shall accrue at five (5) hours on each of the first two (2) paychecks each month.
(3) Employees with more than fifteen (15) full years of service shall earn one hundred sixty (160) hours of vacation each year which shall accrue at six (6) hours, forty (40) minutes on each of the first two (2) paychecks each month.
29 b. Continuous career service shall be used to determine the vacation accrual date used in determining the above accrual rates.
c. An employee’s maximum accrual of vacation shall not exceed four hundred and eighty (480) hours. Accrual shall be suspended until the balance is brought below the maximum accrual amount. Accrual will resume on the applicable paycheck following the paycheck in which the balance is brought down.
d. The time at which the employee shall be granted a vacation is at the discretion of the Department Head. However, in an effort to accommodate the employee's requested vacation schedule the Department shall open to bid vacation scheduling, thirty -one (31) days prior to January 1st of each year. Classification seniority shall govern where more than one employee bids for the same period. Employees will be allowed to bid for the use of their annual vacation, not to exceed their annual accrual plus two (2) additional days of any accrued leave, excluding sick leave, during the annual vacation bid process.
e. During the annual vacation bidding process e mployees shall be entitled to schedule accumulated and unused vacation credits in increments of any duration, as long as the employee does not exceed the limits outline in Section 10.3(b).
f. Vacation requested outside of the annual bid period will be granted on a first come-first serve basis at the discretion of the Department Head or their authorized representative.
The final vacation schedule as approved by the Department Head will be posted in the employee work area.
g. Changes in the vacation schedule may be amended with the approval of the Department Head or authorized representative.
h. Employee who are eligible to receive a cash payment in -lieu of vacation leave, as provided for in Article 8 Section 107(d) of the Sacramento City Charter, may make an irrevocable election to receive such payment by foregoing the same number of vacation hours in the calendar year following the election. Notification of the election must be made to the Payroll Division, Department of Finance, in writing by November 30. The in -lieu payment will be made to the employee on the last paycheck in March of the calendar year following the election. Payment shall be made at the straight time hourly rate of pay the employee is receiving at the time payment is made. If the employee electing the in -lieu payment separates from City employment for any purpose before receivi ng the in -lieu payment, the employee forfeits any right to receive the payment, but will instead have their vacation leave balances credited with the amount of hours that would have accrued from January 1 to the last day of employment.
30 i. This Article shall apply to non -career employees, except that non -career employees shall bid for vacation after all career employees have bid. Date of last hire shall determine seniority for non-career employees. Non-career employees shall bid for vacation on the basis of said seniority. j. Where a career employee sustains an injury covered by workers' compensation and has utilized all of the one year "injury -on-duty time" as provided under City Charter Section 253, or former City Charter Section 167, as the case may be, and consequently is receiving straight workers' compensation temporary disability payments, the employee will be allowed to utilize (while off work) accrued vacation time in partial day increments in addition to receiving workers' compensation payments with the total aggregate payment of temporary disability and vacati on pay shall not exceed one hundred percent (100%) of the employee’s regular rate of pay.
As a condition of so using such accrued vacation, however, the employee is required to continuously utilize accrued vacation until accrued vacation is exhausted or they return to work. This provision also applies to any accrued leave with the exception as noted in 10.2, Sick Leave.
10.4 COURT LEAVE
a. When an employee is absent from work to testify in response to a subpoena issued by a court of competent jurisdiction in a non -work related matter to which the employee is not a party, or serve on a jury or to report for jury duty examination, the employee shall be granted pay for those hours which the employee is absent for such reason. The City may require the employee to elect to be on telephone alert and remain on the job until such time as called to testify or to serve jury duty. When an employee is re quired to be on telephone alert, the employee will cooperate with the court or Jury Commissioner and the City will be responsible to ensure that the employee is available. Pay for work time lost shall be computed at the employee's regular rate of pay at the time of such absence. The employee shall return all witness fees or jury remuneration received, less transportation allowance, to the City.
b. To receive pay for work time lost, the employee must provide the City with a statement signed by an official of the court certifying the employee's service as a witness or a juror or appearance in court for such purpose, the date or dates of attendance, and the time released from the court. c. If a graveyard or swing shift employee has served in excess of the equivalent of one-half of their scheduled shift in court or on jury duty, they will notify their supervisor as soon as practicable upon their release from court so they can be excused from their regular shift. If the employee is in court or on jury duty less than the equivalent of one -half their scheduled shift, the employee will be required to report to work.
31 d. This Article shall apply to non-career employees only when the non-career employee is regularly scheduled to work and is ordered to report for court or jury duty.
10.5 PARENTAL LEAVE
a. Effective January 12, 1991, the current Pregnancy Disability Leave Policy for female employees shall be replaced by a parental leave policy for both male and female employees with the following provisions:
(1) Full-time career employees shall be eligible for a maximum City-paid parental leave of four (4) weeks consisting of up to one hundred-sixty (160) hours of continuous paid time off. Part-time career employees shall be eligible for up to eighty (80) hours of continuous City -paid time off during the four (4) week parental leave. Unused parental leave shall have no cash value. Non-career employees are not eligible for the four (4) weeks of City-paid parental leave. (2) To be eligible for the paid leave an employee hired on or before November 10, 1995 , must have completed at least one (1) year of City service from the most recent date of hire, or an employee hired on or after November 11, 1995, must have completed at least three (3) years of City service from the most recent date of hire, preceding either (a) the birth of a child who resides with the employee and for whom the employee has legal custody, or (b) the adoption of a child under age four (4) who resides with the employee and for whom the employee has physical and legal custody. Court-appointed legal guardians and foster parents do not qualify for parental leave. (3) Eligible employees shall have the right to only one leave of absence per pregnancy or adoption regardless of the number of children involved (e.g., twins). The duration of City -paid leave shall not change based on a change in employment status, such as from part- time to full-time career.
(4) Upon return from parental leave on the date previously authorized, employees shall be reinstated in the former department and in the classification last held.
(5) Eligible employees shall have the right to extend parental leave beyond the four (4) weeks of City-paid leave to the maximum six (6) months of leave by adding accrued and available hours of sick leave, vacation, compensatory time off (CTO), accrued holiday , and/or unpaid leave to their initial request for parental leave. The total period of absence from work, including the four (4) weeks of paid parental leave, shall not exceed six (6) months.
32 (6) Paid parental leave shall be considered as time worked for purposes of eligibility for recognized holidays occurring during the leave. b. The Union shall not oppose the addition of parental leave to the Rules and Regulations of the Civil Service Board.
c. The City shall have the right to promulgate a policy and procedure to implement and administer parental leave.
10.6 CATASTROPHIC LEAVE
a. A benefit-qualified employee may donate to or receive from an unrepresented employee, or a represented employee whose bargaining agreement provides for such donation or receipt, usable vacation, floating holiday, management leave, or compensating time off ho urs. Participation in this plan shall be voluntary. Sick leave may not be donated under this plan.
b. All donations shall be made and accepted in writing using City -provided forms or electronically through the City’s payroll system. c. The donation in any category must be a minimum of eight (8) hours of usable time.
d. Donations shall be on an hour-for-hour basis, regardless of the pay rates of the donor and recipient, except hours transferred between employees on the Fire Suppression (56 hours) schedule and the non-Fire Suppression (40 hours) schedule shall be adjusted by a factor of 1.4 to 1. e. Hours to be donated shall be kept in a pledge status until used. As needed, pledged hours shall be debited from the donor's leave balance and credited to the recipient's usable vacation accrual balance. Once credited, the donation becomes irrevocable. A donor terminating for any reason shall be paid for pledged but unused leave time.
f. Management employees may only receive donations from management employees. A non-management employee may not receive donations from a subordinate employee where a direct supervisor/subordinate relationship exists. Any exception to this paragraph must be approved by the City Manager or designee.
g. To be eligible to use donations, an employee must:
(1) be incapacitated and unable to work due to a prolonged catastrophic non-industrial illness or injury which is estimated to last for at least thirty (30) calendar days;
(2) have exhausted all usable balances, including sick leave;
33 (3) be on an approved leave of absence.
h. All donated hours must be used on a continuous and uninterrupted basis and will be paid at the rate of pay and normal work schedule of the recipient, along with all usable hours accrued, until the earliest of the following events occurs:
(1) All leave balances, including both donated and accrued leave, are exhausted; or
(2) The employee returns to work at their normal work schedule; or (3) The employee's employment terminates.
i. Donations received while a recipient is still utilizing previously donated and related accrued leave time may be used immediately thereafter. Hours donated subsequent to exhausting all donated hours shall be accumulated and utilized along with related accrued leave hours in amounts equal to the recipient's normal bi-weekly work hours.
j. Used donated leave time shall count toward the application of City service and benefits in the same manner as when the employee is on paid vacation leave.
k. Used donated leave time shall be subject to the recipient's normal payroll deductions.
l. The City shall promulgate a policy and procedure to implement and administer catastrophic leave.
10.7 PERSONAL TIME OFF (PTO)
a. Full-time career employees who have completed ten (10) full years of City service shall be credited with twenty -four (24) hours of personal time off (PTO). Part-time career employees shall be credited with a prorated amount of time based on their regular schedule. Eligible employees will receive this PTO each year on the paycheck representing the first full pay period that includes January 1.
b. After January 9, 2024, employees who separate service and who are subsequently reemployed, pursuant to Article 15.2(b)(5)(a), into a classification covered by this Agreement, will receive credit toward PTO eligibility for their previous years of City service upon successful completion of probation, on a go -forward basis. For purposes of determining eligibility to receive PTO, pursuant to this paragraph, an employee must complete probation prior to January 1 of the calendar year in which it is provided. c. Use of PTO shall not cause overtime.
34 d. PTO shall not accumulate from calendar year to calendar year and shall have no cash value. If an employee is unable to use all of the time by the end of the calendar year based on operational need, the department may approve carry-over to the next year. In all other cases, the time shall be forfeited.
10.8 BEREAVEMENT LEAVE
An employee may receive up to three (3) days of City-paid leave for bereavement based on the death of the employee’s spouse, parent, sibling, child, grandchild or grandparent as defined herein. The employee may use sick leave as authorized by Civil Service Rule 16, Sick Leave, for additional time off or to attend to other death, bereavement or funeral needs.
10.9 PAID CITY LEAVE
Employees who are employed in a classification represented by IAMAW on [enter date of adoption by City Council] shall receive a one -time leave bank contribution of thirty-five (35) hours of Paid City Leave. This Paid City Leave shall not expire, and shall have no cash value except as follows:
a. Employees receiving Paid City Leave contributions described in Section
10.9 (Paid City Leave) may make an irrevocable election to receive cash payment in-lieu of using the leave. Notification of the election to receive this cash payment must be made to the Payroll Division, Department of Finance, in writing by November 30, 2022. Employees making the irrevocable election shall receive the payment on the paycheck representing the first pay period following their election at the hourly rate of pay they are receiving at the time of payment, less ordinary payroll deductions. b. Upon separation from City service, employees with a balance of the Paid City Leave described in Section 10. 9 (Paid City Leave) shall receive payment for the Paid City Leave balance at the hourly rate of pay they are receiving at the time of the payment, less ordinary payroll deductions.
ARTICLE 11 – SPECIAL ALLOWANCES
11.1 TEMPORARY WORK IN A HIGHER CLASSIFICATION
a. Temporary assignments to higher classifications shall be permitted only in those classifications where, in the judgment of the Department Head or designee, it is necessary to maintain proper and efficient departmental operations. An employee temporarily assigned in writing to perform the duties of a higher classification shall be compensated for the duration of the out-of-classification assignment by the payment of five percent (5%) above the employee’s base rate of pay, or the salary provided for in Step 1 of the
35 higher classification, whichever is greater, but not to exceed the top step of the higher classification.
b. Temporary work in a higher classification shall first be offered to career employees. If no career employee desires the temporary work in a higher classification said assignment may then be offered to a non -career employee.
11.2 TUITION REIMBURSEMENT
The City agrees to reimburse career employees for the cost of tuition, books, and fees, excluding parking, up to a maximum of $1,500.00 per calendar year pursuant to the City's existing policy for such education reimbursement. This provision shall not apply to employees eligible for an educational incentive program.
In addition, the Department may authorize tuition reimbursement for training through other approved sources.
11.3 UNIFORMS
a. The City agrees to provide uniforms for employees who are required to wear uniforms. Such uniforms shall be provided to those qualifying employees on the basis of five (5) clean uniforms per week, (5 -5-1), at no cost to the employee.
b. This Article shall apply to non-career employees only to the extent that past practice shall be continued.
11.4 TOOL ALLOWANCE
The following classifications will be paid a thirty-five dollar ($35.00) per month tool allowance: Equipment Mechanic I, Equipment Mechanic II, Equipment Mechanic III, and Equipment Body Mechanic I, Equipment Body Mechanic II, and Equipment Body Mechanic III.
The tool allowance will be paid in the first two paydays in a calendar month at $17.50 per payday for a total of $35.00 monthly.
11.5 TOOL INSURANCE
The City agrees to provide employees in the classifications of Equipment Mechanic I, II and III, Equipment Body Mechanic, and Equipment Service Worker, insurance on the employee's tools against loss by fire or burglary where there is evidence of forced entry into the shop building (but not for loss by mysterious disappearance).
Tool reimbursement shall be administered as follows:
a. The supervisor will review the complement of tools and tool inventory kept by an employee in the workplace; the supervisor will notify the employee of
36 tools which are deemed not necessary for the performance of the job; and such tools shall be removed from the workplace.
b. The employee shall be responsible for providing the supervisor with a current inventory of tools at all times, and no less than once a year. The most recent inventory of tools, reviewed and approved by the supervisor, shall be deemed accurate and complete for purposes of determining the value of a covered loss. The City shall not be liable for any tool(s) not contained in said inventory.
c. In the event of a covered loss, when the conditions of (a) and (b) above are met, the City shall be responsible for the actual value of all tools on the authorized inventory, less the deductible of fifty dollars ($50.00). d. In the absence of an authorized tool inventory within the current year, or the failure to meet the conditions of (a) and (b) above, the City's insurance liability shall be limited to the actual value of the tools lost, or seven thousand five hundred dollars ($7,500.00), whichever is less.
It is understood that tool boxes shall be included in the coverage under this Section. Insurance reimbursement shall not be authorized in any event if a full and complete police report is not made regarding loss of tools under this Section. The Union specifically waives the provisions of Labor Code Section 2802, if applicable, as to such tool losses by the terms of this Agreement, and shall not endorse, support or finance a claim by any member of the Union for reimbursement in excess of the limits identified herein.
11.6 PNEUMATIC AND BATTERY TOOL REPAIR
a. The City will repair employee-owned pneumatic and battery powered tools, including battery replacement, which are used in their regular City service.
Employees wishing to take advantage of this policy must include their tools on their tool inventory and must register their tools with the Shop Supervisor and receive their approval to enter their tool into the program. If it is determined during the course of repair that the repair cost exceeds eighty percent ( 80%) of the current replacement cost, including sales tax, the employee would be required to procure a new tool. The City shall reimburse the employee for the cost of the new tool, or battery at eighty percent (80%) of the current replacement cost, including sales tax, or the cost of repair of the old tool, whichever is least.
b. Effective January 9, 2024, t he City will repair employee-owned pneumatic and battery powered tools, including battery replacement, which are used in their regular City service. Employees wishing to take advantage of this policy must include their tools on their tool inventory and must register their tools with the Shop Supervisor and receive their approval to enter their tool into the program. If it is determined during the course of repair that the repair cost exceeds eighty percent (80%) of the current replacement cost,
37 including sales tax, the employee is required to purchase a new tool or battery. The City shall reimburse the employee for the cost of the new tool or battery at one hundred percent (100%) of the current replacement cost, including sales tax, or the cost of repair of the old tool, for an amount not to exceed nine hundred dollars ($900.00). Any amount over nine hundred dollars ($900.00), including sales tax, is at the sole expense of the employee.
c. Employees wishing to remove one of these tools from the City premises will be required to obtain prior approval from their Shop Supervisor. A re - inspection will be performed when the tool is brought back and re -entered into the tool repair program.
d. The City will not be responsible for pneumatic tools, battery powered tools, or batteries which are abused, misused, or destroyed while under the above-mentioned program.
ARTICLE 12 – STANDBY, NIGHT-SHIFT PREMIUM, AND FLEET SWING SHIFT
12.1 STANDBY
a. An employee who is required to remain standby for emergency work shall be paid $245.00 per week, or the daily pro rata rate ($35.00), in addition to their regular compensation. Employees who are called out while on standby shall receive two (2) hours minimum pay, or actual hours worked, whichever is greater, at time and one-half (1.5) their regular rate of pay. Employees on standby shall respond without delay, usually arriving at the work site within thirty (30) minutes after notification.
b. Effective January 13, 2024, an employee who is required to remain standby for emergency work shall be paid $280.00 per week, or the daily pro rata rate of $40.00, in addition to their regular compensation. Employees who are called out while on standby shall receive two (2) hours minimum pay, or actual hours worked, whichever is greater, at time and one -half (1.5) their regular rate of pay. Employees on stand by shall respond without delay, usually arriving at the work site within thirty (30) minutes after notification. c. With the exception of sick leave, employees may use any type of authorized leave, including, but not limited to, vacation; CTO; holiday credit; etc., during their standby assignment so long as they remain available for their standby assignment. An employee utilizing sick leave who is unable to work due to a personal illness, shall not receive standby pay for the day(s) out sick.
Employees who fall ill after hours while they are on standby, shall notify the Standby Supervisor who will find a replacement for the day(s) the employee is out sick. The standby assignment may resume when the employee returns to work.
38 d. Employees who are on standby New Year's Day, Christmas Day, Thanksgiving Day or the 4th of July shall receive twelve (12) hours holiday credit.
Employees who are issued a City cell phone, laptop and/or pager are not on stand-by unless assigned by the appointing authority.
12.2 NIGHT-SHIFT PREMIUM PAY
a. Career and non-career (+1,040) employees covered by this Agreement who work five-eighths (5/8) or more of their regular shift in the period extending from 6:00 p.m. to 6:00 a.m., shall be compensated, therefore, by payment for the entire shift of an additional five percent (5%) of their base pay for that shift. Said employees who work less than five -eighths (5/8) of their regular workshift in the period extending from 6:00 p.m. to 6:00 a.m., shall be compensated for those hours worked (to the nearest one -half hour) within this period by payment of an additional five percent (5%) of their base pay for such hours. The current practice in the Department of General Services, Fleet Management Division shall continue.
b. An employee shall not receive night-shift premium pay when on vacation or other authorized leave of absence with pay.
12.3 SHIFT/LOCATION SELECTION WITHIN FLEET MANAGEMENT
a. General
(1) The provisions of this Article shall not diminish the rights the City has under Article 3, City Rights, of this Agreement.
(2) The parties acknowledge that the City has the exclusive authority to determine the number of shifts, the shift hours, the classifications assigned to each shift, the number of personnel in each job classification assigned to each shift, and to assign proba tionary employees and employees in the Equipment Mechanic I
classification to any shift, specialized program, or shop to meet operational needs.
b. Shift Selection
During the second week of June of each year, Fleet Management shall conduct a shift bid for each location within the Fleet Division for employees to bid their desired shift for the next fiscal year.
Shift bidding shall be done by classification seniority, with the highest in seniority making their selection first.
39 The outcome of the shift bidding shall be made available to the employees and the shift change effective date shall be the start of the first full pay period of July of each year.
c. Location Selection
During the second week of June of even numbered years, Fleet Management shall conduct a bid for each shop location within the Fleet Division for employees to bid their desired shop location for the next two fiscal years.
Shop location bidding shall be done by classification seniority, with the highest in seniority making their shop location selection first.
The outcome of the shop location bidding shall be made available to the employees and the shop location change effective date shall be the start of the first full pay period of July in the bidding year.
The City retains the right to move personnel to a shift or location which is necessary to meet operational needs. Where the City determines that a vacancy exists in a shop , that vacancy shall be filled from a voluntary sign- up of qualified employees. The individual selected for the vacancy shall be the individual with the greatest classification seniority who is determined by the City to be qualified for the vacancy. If a sufficient number of qualified employees do not volunteer , the qualified employee wit h the lowest classification seniority within the shop band shall be assigned to the vacancy.
d. Effective January 9, 2024, for calendar year 2024 and each year thereafter, section(s) (b) and (c), above, will be rescinded and replaced with the following section:
Shift/Location Selection
(1) Annual shift/location selection shall occur annually between October 1 and October 31 of each calendar year.
(2) Shift change shall occur on Saturday of the first full pay period in January of each calendar year.
(3) Shift/location bidding shall be done by classification seniority, with the employee who has the most classification seniority making their selection first.
(4) The outcome of the shift/location bidding shall be noticed to the employees on or before December 1 in the year preceding the change.
40 (5) Employees who bid and win the Build Shop will have their work evaluated during the first one-hundred twenty (120) calendar days of their assignment to determine if their work performance meets the performance expectations of the Build Shop. Employees who a re assigned to the Build Shop and whose work performance is, in the discretion of the Fleet Manager, not meeting management expectations may be moved to another shop location. Management reserves the right to make the assignment based on operational need a fter consultation with the employee. Management’s right to move employees on the basis of their work performance from the Build Shop during their first one-hundred twenty (120) calendar days is not subject to the grievance process ; however, an employee who is moved may request a meeting within seven (7) calendar days with the Department Head, or designee, to review the reason(s) for the move. The meeting shall occur within thirty (30) calendar days of the employee’s request. The Dep artment Head or designee decision shall be final.
(6) The City retains the right to move personnel to a shift or location which is necessary to meet operational needs. Where the City determines that a vacancy exists in a shop:
(a) The City shall first attempt to fill the vacancy from a voluntary sign-up of qualified employees. The individual selected for the vacancy shall be the applicant with the greatest classification seniority who is determined by the City to be qualified for th e vacancy.
(b) If a sufficient number of qualified employees do not volunteer, the City shall assign the most qualified employee with the lowest classification seniority.
(7) In the event the City requires an employee to permanently change the location of their work, the City will be responsible for cost s associated with moving the employee’s toolbox to the new City shop location.
(8) For all other employees, including but not limited to, employees who voluntarily change their work location and who separate from service for any reason, including , but not limited to , retirement, resignation, termination, layoff, and probationary release, the City shall pay an amount not to exceed five hundred dollars ($500.00) to cover costs associated with moving the employee’s toolbox to a new location.
Any costs exceeding five hund red dollars ($500.00) shall be borne exclusively by the employee.
41 e. Exceptions to Shift Selection Procedures
(1) During an emp loyee’s probationary period the City may assign or reassign the probationary employee to any shift, program, or shop.
A probationary employee shall not be eligible to exercise rights under this Article. At the end of an employee’s probationary period, the City shall have the right to assign the employee to the shift, program, or shop deemed most appropriate.
(2) The City may assign or reassign employees in the Equipment Mechanic I (EM-I) classification to any shift, program, or shop to broaden their experience and career development opportunities.
Employees in the EM-I classification shall not be eligible to exercise rights as under this Article until promoted to an Equipment Mechanic II classification.
f. Assessment of Qualifications
The City’s assessment of employee qualifications under this Article shall include but is not limited to the following: skills and ability; past performance; productivity; and experience and training with the required equipment.
ARTICLE 13 – SAFETY, SAFETY SHOES AND SAFETY GLASSES
13.1 SAFETY
a. The City shall continue to provide for the safety of employees during the hours of their employment. In this regard, the City agrees that it will receive and consider written recommendations with respect to unsafe working conditions or other safety ideas in the area of working conditions from any employee or the Union; and the employees and the Union agre e that they will direct their safety recommendations and ideas to the City. To facilitate this process the City shall provide time for a monthly safety meeting.
Minutes shall be taken and the minutes from the previous monthly meeting shall be read. Employees of the Unit shall be allowed to attend these meetings but attendance shall be in consideration of and in deference to operational needs.
b. The City shall take all reasonably and readily available precautions when employees' assigned duties are performed under generally known extraordinarily life endangering conditions.
13.2 SAFETY SHOES
a. Where the City requires that safety shoes be worn by employees as a condition of employment, the City shall reimburse employees up to a maximum of $400.00, or up to a maximum of $500 .00 if a special order is required due to a medical need, annually for the cost of acceptable safety
42 shoes, inserts, and/or repairs to safety shoes. These employees may purchase any brand of safety shoe from any outlet as long as such shoes meet the requirements of being an acceptable “safety shoe .” The annual maximum may be used toward the purchase of a single pair or two (2) pair, as needed, at the same time. When an employee has purchased a pair of safety shoes, inserts, and/or repairs to safety shoes, which do not meet the annual maximum, the empl oyee shall be allowed to use the remainder of the annual maximum for a future purchase in the same year. The City maintains the right to require that all footwear be appropriate for the job and that safety shoes meet the specifications mandated by law. b. Except as provided above, employees shall normally be authorized for a single pair of safety shoes and a second pair of safety shoes in the same fiscal year shall only be approved if replacement is deemed necessary by the employee’s supervisor.
c. To be eligible for reimbursement or repair of safety shoes under this Section, the employee must obtain prior authorization from their supervisor before purchasing the required steel-toed safety shoe, and must submit the receipt to the supervisor to verify the cost, substantiate the reimbursement, and remaining annual maximum, if any. Only safety shoes qualify for reimbursement or repair pursuant to this subsection.
d. Provisions in the City’s Protective Footwear Policy regarding authorized safety shoe vendors, vouchers, purchase orders, and invoices sh all not apply to employees in classifications covered by this Agreement.
13.3 SAFETY GLASSES
a. It shall be mandatory for employees to wear safety glasses where such glasses are required to be worn by the City. The City shall provide non - prescription safety glasses for employees. Employees who wear prescription glasses shall be required to wear protective eye wear supplied by the City or prescription safety glasses.
b. Employees are free to purchase prescription safety glasses from any source the employee chooses. The City will reimburse the employee for the purchase of prescription safety glasses up to a maximum of $150.00 per pair of glasses.
c. To be eligible for the above reimbursement, the employee must obtain prior authorization from their supervisor before purchasing the required safety glasses, and must submit the receipt to the supervisor to verify the cost and substantiate the reimbursement. The City maintains the right to specify the standards for non -prescription safety glasses. Further, prescription safety glasses shall conform in all respects to the U.S.A. Safety Standards for Head, Eye and Respiratory Protection, and the prescription s hall not be more than twenty-four (24) months old.
43 d. The cost of any eye examination and special or cosmetic frames shall be paid by the employee.
13.4 DAMAGE TO PRESCRIPTION SAFETY GLASSES
a. The City agrees to repair or replace prescription safety glasses damaged or destroyed while the employee is actively at work provided that the employee furnishes satisfactory proof to the City of such loss.
b. The prescription shall not be more than twenty -four (24) months old to qualify for reimbursement under the Article. All costs to update the prescription shall be borne by the employee.
ARTICLE 14 – HOURS OF WORK
14.1 WORKDAY/WORKWEEK
a. The workweek for the City of Sacramento employees shall begin at 12:01 a.m., Saturday and end at 12:00 midnight the following Friday. The employee's normal workweek shall consist of forty (40) working hours during the seven (7) day period.
b. The City may establish a workweek schedule consisting of forty (40) hours in increments of four (4) ten (10) hour workdays or five (5) eight (8) hour workdays, or a 9-80 workweek schedule consisting of four (4) nine (9) hour workdays, four (4) nine (9) hour workdays, and one (1) eight (8) hour workday during an eighty (80) hour bi -weekly period. The City agrees to discuss with the Union thirty (30) days in advance of implementation of the four (4) ten (10) workweek or 9-80 workweek schedule. Every effort will be made to schedule such workdays consecutively and avoid back -to-back workweeks, unless a separate written workweek agreement is entered into by the City and the Union.
c. All employees covered by this Agreement, except those employees on a straight eight (8) hour workday, shall be allowed a lunch period, to be used as the employee desires within accepted standards, of not less than thirty (30) minutes nor more than one (1) hour which may be scheduled generally in the middle of the workshift. If an employee is required to work during their lunch period, and if no alternate lunch period is taken, at the approval of the employee's supervisor said time shall be compensated at th e applicable overtime rate if the hours worked exceed that of their scheduled workshift.
This paragraph does not apply to non-career employees.
d. It is understood by the parties that the rates and amounts of accrual for holidays, vacation, sick leave or any other time off provisions currently in existence remain at their current levels.
44 e. An employee may be required to substitute in a lead capacity in the absence of a supervisor caused by the implementation of the four (4) ten (10) plan. f. Computation of overtime within the workweek shall be defined in Section
14.2 of this Agreement.
g. This Article shall not apply to non-career employees.
14.2 OVERTIME/COMPENSATING TIME OFF (CTO)
a. Employees who are required to work in excess of their regularly scheduled shift, which is forty (40) hours per workweek, shall be compensated for such work time at one and one-half (1.5) times their regular rate of pay. For the purpose of calculating overtime eligibility, all paid time shall count as time worked with the exception of sick leave. Overtime work shall be distributed evenly insofar as possible among qualified employees engaged in the same activities or any one classification in accordance with the criteria established herein.
b. Part-time employees or employees who are regularly scheduled to work fewer than forty (40) hours per workweek, are eligible for overtime compensation at one and one-half (1.5) times their regular rate of pay when they work in excess of forty (40) hours in a workweek. With the exception of sick leave, all paid time shall count as time worked for the purposes of calculating overtime eligibility.
c. The City shall determine which employees are qualified for overtime . “Qualified” is determined based on the employee’s training, skill, and ability to perform the specific duties available for the overtime assignment and the following:
(1) Employee classification.
(2) Job location.
(3) Experience related to task for which overtime is required. (4) Physical qualification required to perform the work. (5) Project assignment.
(6) Shift.
(7) Completion of started assignment.
(8) Emergency.
(9) Desire to work overtime.
(10) Employee availability.
d. The City shall review its distribution of overtime every three (3) months. It is understood that the nature of certain work assignments does not easily permit equal distribution of overtime, and in such cases exception may be made to equal distribution. Disputes over equal distribution of overtime may be resolved pursuant to the grievance procedure.
45 e. Overtime compensation shall be paid by cash payment. In lieu of cash payment, CTO may be earned by mutual agreement between the employee and the appointing authority or designee. Considering the request of the employee, the determination of additional pay or time off for overtime compensation shall be made by the Department Head or designee. f. Both the cash payment and CTO shall be computed at the rate of time and one-half (1-1/2) the number of overtime hours worked. The scheduling of CTO use must be approved in advance by the employee's Department Head or designee.
g. Employees may accrue up to one hundred and sixty (160) hours of CTO.
The City may cash out those CTO hours accumulated in excess of eighty (80) hours at any time provided that the use of such time off has not been previously approved.
14.3 REST PERIODS
Each employee covered by this Agreement will be afforded rest periods. These rest periods will be as currently administered by their respective departments.
14.4 VOLUNTARY WORK FURLOUGH PROGRAM
Pursuant to the Furlough/Reduced Work Week Policy, the City may establish for full-time career employees a voluntary work furlough/reduced work week consisting of a full day of unpaid leave on a variable schedule or a work schedule which is modified on a r egular fixed basis to less than forty (40) hours per week.
Employees shall apply for participation in the program pursuant to the conditions set forth in the rules and procedures governing this Citywide program.
14.5 SHIFT BID BY LOCATION
a. During the second week of June of each year, Fleet Management shall conduct a shift bid for each location within the fleet division for employees to bid their desired shift for the next fiscal year.
b. Shift bidding shall be done by classification seniority, with the highest in seniority making their shift selection first.
c. The outcome of the shift bidding shall be made available to the employees and the shift change effective date shall be the start of the first full pay period of July of each year.
46 ARTICLE 15 – LAYOFF
15.1 PURPOSE
This Article provides the procedure to be followed when an employee is to be displaced/laid off from their position.
15.2 DEFINITION
a. Layoff A layoff shall be defined as the dismissal or displacement of at least one employee due to lack of work, lack of funds, abolishment of position, or for other reasons not reflecting discredit on an employee. b. Seniority
(1) Classification Seniority: Classification seniority shall be defined as the effective date of probationary appointment to the employee's current job classification, less any time spent in a lower classification due to a downgrade. In the case of an employee who is demoted or whose position is reallocated in accord with the applicable Rules and Regulations of the Civil Service Board, classification seniority for the reallocated or demoted employee shall be mutually established by the City and the Union at the time of reallocation. For those classifications which have flexible staffing as defined in the Rules and Regulations of the Civil Service Board and provided for in the classification specifications, classification seniority shall be defined as the effective date of probationary appointment to the lowest classification in the flexibly staffed classification series. Classification seniority for flexibly staffed classifications terminates when an employee transfers or promotes out of the flexibly staffed classification series.
Example: An employee who is an Equipment Mechanic I
transfers or promotes into a General Repair Worker.
Later, this employee transfers or promotes into an
Equipment Mechanic II classification. Because the
employee did not flex into the Equipment Mechanic I I
classification, the time spent as an Equipment
Mechanic I does not count toward their classification
seniority.
Within a regression ladder, computation of classification seniority for a job classification lower than that in which the employee holds permanent status, the following seniority shall be counted: (a) classification seniority in any higher classifications within the regression ladder, and (b) previous classification seniority in the job classification in which the employee is currently working, and (c) present time spent in the job classification in which the employee is
47 currently working, minus any seniority adjustments. For a part-time career employee, classification seniority shall be prorated. (2) City Service Seniority: City service seniority shall be defined as the effective date of appointment to the employee's first permanent career position.
(3) Hire Date Seniority: Hire date seniority shall be defined as the employee's first date of hire to any position with the City. (4) Seniority Adjustments: Classification seniority and City service seniority shall be adjusted (reduced) in calendar days to reflect time spent on layoff from City service.
(5) Termination of Seniority: Termination of classification seniority and City service seniority shall occur upon:
(a) Resignation, except that any employee who is reemployed and completes a probationary period, if any, in the position to which they were reemployed may count the seniority which they accumulated prior to resignation.
(b) Discharge.
(c) Retirement.
(d) Layoff in excess of five (5) consecutive years out of the City service.
(e) Failure to comply, report, or respond to a recall notice within fourteen (14) calendar days from the date of postmark on the recall notice.
c. Downgrade A downgrade shall be defined as a change in job classification to which the top step is less than the top step of the employee's present classification, due to a layoff. A downgrade shall only be allowed to the appropriate classification within the employee's regression ladder. d. Regression Ladder A regression ladder shall be defined as a classification series through which an employee may downgrade. Regression ladders for the Automotive/Equipment Mechanics Unit are as follows:
(1) Equipment Maintenance Supervisor
Equipment Mechanic III
Equipment Mechanic II/I
Senior Equipment Serviceworker
Equipment Serviceworker
Vehicle Service Attendant
48 (2) Equipment Maintenance Supervisor
Equipment Body Mechanic III
Equipment Body Mechanic II/I
(3) General Repair Worker
(4) Vehicle Pool Serviceworker
(5) Supervising Fire Service Worker
Senior Fire Service Worker
Fire Service Worker
e. Permanent Status For the purposes of this layoff procedure permanent status is attained in a job classification when an employee has successfully completed their probationary period in that job classification. f. Career and Non -Career Career employees shall be those employees in positions which are in the classified service who are required to serve a probationary period. Non-career employees are all other employees covered by this Agreement.
15.3 PROCEDURE
a. Non-Career Employees When layoff is to occur within a job classification within a department, all non -career employees in the regression ladder in which that job classification is found shall be laid off first. In no event shall a career employee suffer a layoff until all non -career employees in the affected regression ladder have been laid off. CETA employees shall be laid off in the manner provided by applicable federal regulations. Non-career employees shall have no right to downgrade.
b. Career Employees
(1) Within each job classification in each department in which a layoff occurs, employees shall be laid off in the following order: first, all provisional employees; second, all probationary employees in the order of their classification seniority, beginning with the employee with the least such seniority; and, third, permanent employees in the order of their classification seniority, beginning with the employee with the least such seniority.
(2) Any provisional or probationary employee who is affected by a layoff or displaced by a downgrading employee shall return to the last department and job classification in which the employee holds permanent status, if any. If the employee does not hold permanent status in another job classification, they shall be laid off. If the employee does hold permanent status in another job classification,
49 they shall then be treated as a permanent employee in that job classification with respect to any layoff in that job classification. (3) Any permanent employee who is to be laid off or displaced shall have the right to downgrade, within the department, in descending order, to job classifications within their regression ladder, provided that: (a) the employee meets all of the qualifications of the lower classification, and (b) can displace an employee in the lower classification. If there are any provisional employees in such lower classification, the provisional employee with the least City service seniority shall be displaced first. If ther e are no provisional employees in the lower classification, the probationary employee with the least City service seniority shall be displaced. If there are neither provisional nor probationary employees in the lower classification, the permanent employee with the least City service seniority shall be displaced, provided that the downgrading employee has greater City service seniority. If the permanent employee attempting to downgrade is unable to do so, they shall be laid off.
(4) Notwithstanding any other provisions of this Article those City employees who have at least ten (10) years of continuous City service seniority and who are unable to downgrade within their current regression ladder shall have the right to return to their l ast classification in which they held permanent status, if they meet the qualifications of that classification, and shall have the right to downgrade through that regression ladder pursuant to Section
15.3(b)(3).
(5) An employee may accept layoff in lieu of the opportunity to downgrade by notifying Labor Relations within two (2) normal workdays of receiving notice of layoff. Where the employee accepts a layoff in lieu of a downgrade, said employee shall forfeit all recall rights except to a vacancy within the same classification from which the employee was laid off.
(6) If two (2) or more employees have an equal amount of classification seniority, the senior employee shall be determined on the basis of greater City service seniority. If two (2) or more employees have an equal amount of City service seniority, the senior employee shall be determined on the basis of greater hire date seniority, then by random number, if necessary.
(7) The application of this procedure is not intended to extend job assignment, work organization, or departmental preference to any employee affected by a layoff.
50 c. Notice of Layoff
In the event of layoff, the City shall send by certified mail return receipt requested a layoff notice to all affected employee(s). Such notice shall be postmarked at least fourteen (14) calendar days in advance of the effective date of layoff. Such layoff notice shall be mailed to the employee's address in the City’s payroll system , and shall be deemed appropriate notice. The employee(s) who is on a paid or unpaid leave shall be affected by the layoff in accordance with the provisions of this Article in the same manner as all other employees. However, the employee who is on sick leave or injury-on- duty status on the date of the layoff notice shall not be laid off or downgraded until the employee returns to work; except that the effective date for recall purposes shall be the date of actual layo ff as stated on the layoff notice.
15.4 SALARY IN EVENT OF DOWNGRADE
a. An employee who is downgraded through a regression ladder pursuant to this Article shall be paid in the new classification the salary range step closest to the monthly pay rate received immediately prior to downgrade providing there is no increase in pay.
b. If appointed in the lower classification at other than top step, future salary step adjustment shall be made in accordance with City Code Section 23 "Advancement in Rate of Compensation" with time served in the classification from which the downgrade occurred counting toward salary step advancement.
c. Upon subsequent recall through a regression ladder the employee shall not receive the next higher classification less than that received in the lower classification, provided however, that upon subsequent placement in the classification from which the empl oyee was downgraded, salary step placement shall be at the salary step previously held. If, however, said salary step is less than that received in the classification to which the employee was downgraded, salary step placement shall be at the salary step immediately higher in the permanent classification.
15.5 FRINGE BENEFITS
a. Upon layoff, employees shall be paid for accrued leave balances and similar benefits, as applicable . Employees being recalled shall have the uncompensated portion of their sick leave balance restored . However, if eligible, only those sick leave hours accrued after recall shall be applied to any subsequent sick leave payoff.
b. Employees laid off who are enrolled in City medical, dental and life insurance programs may continue elected coverage for a period up to six (6) months or the period of time permitted by Consolidated Omnibus Budget
51 Reconciliation Act (COBRA), whichever is greater, by advanced personal remittance for each month's premium for the cost of such coverage, at the time of layoff.
c. Assistance with this insurance option, unemployment benefits, and the availability of retirement benefits or refunds as governed by the City Charter will be provided by Benefits in the Department of Human Resources at the request of laid off employees.
15.6 RECALL
a. When a vacancy occurs in a job classification, the laid off or downgraded employee(s) eligible to return to that job classification shall be recalled in the inverse order of their downgrade or layoff. Permanent employees who were laid off or downgraded are eligible to return to the job classification in which permanent status is held within their regression ladder, but shall have no recall rights to any job classification in which provisional or probationary status was held at the time of layoff or downgrade. When a recall list exists and an employee is on a reinstatement list due to a medical leave of absence, such employee will be merged with employees on the established layoff eligibility list based on seniority. Provisional and probationary employees who had no permanent status in another job classification at the time of layoff shall have no recall rights. Non-career employees shall have no recall rights.
b. Employees shall be entitled to recall rights for a period of five (5) consecutive years from the effective date of layoff or downgrade. The effective date of layoff shall be the employee's last day of work. The effective date of downgrade shall be the employee's last day of work in the classification from which they are downgraded. An employee who has downgraded and has not been recalled to the classification where permanent status is held within the five (5) year period shall gain permanent status for purposes of layoff in the classification to which the employee downgraded, or is c urrently working at the time recall rights are lost, whichever is higher in the regression ladder.
c. When a vacancy exists and employees are to be recalled, notice of the opening(s) shall be sent to the mailing address as shown in the City’s payroll system. To expedite recall, more than one employee may be notified of an opening. This recall notice shall be by certified mail return receipt requested and the employee shall have fourteen (14) calendar days to report to work from the date of postmark on the recall notice. If said employee fails to report to work within fourteen (14) calendar days, they will lose all recall rights. An employee who has been laid off or downgraded shall be required to meet the physical and other qualifications of the classification to which they are recalled. Any additional qualifications established during said employee's layoff shall be waived with regard to an employee holding recall rights to that job classification except as required by law.
52 ARTICLE 16 – DISCIPLINE
16.1 DISCIPLINE
For non-career employees not covered by the Rules and Regulations of the Civil Service Board, discipline shall be for just cause. Discipline shall include a suspension, demotion, in-grade salary reduction and termination.
Grievances filed pursuant to this Article shall be filed at Step 2 of the Grievance Procedure. However, disciplinary action shall only be grievable for non -career employees who have worked in excess of 1,040 hours since their last date of hire.
Hours worked on a Career Development Trainee shall not count towards the 1,040 hours needed to qualify to appeal discipline.
16.2 LETTER OF REPRIMAND
a. A letter of reprimand shall not be appealable to the Civil Service Board, except the employee may have an administrative review of the reprimand by submitting a request in writing within seven (7) calendar days to the Manager of Labor Relations . The Manager or designee will schedule a meeting within seven (7) calendar days of receipt of the written request to hear the employee's response. A final written decision will be rendered by the Manager or designee within seven (7) calendar days of the meeting.
This provision shall also apply to +1,040 non -career employees. This Section shall not be subject to the Grievance Procedure. b. A letter of reprimand issued on or after September 22, 1990, will be withdrawn from an employee's official personnel file two eighteen (18) months from the date of issue provided there has not been additional formal discipline imposed during this period.
16.3 IN-LIEU DISCIPLINE
By mutual agreement between the appointing authority or designee and the employee, an employee suspended from duty without pay may forfeit accumulated holiday, compensating time off, and/or vacation credits equal to the number of hours of suspension in lie u of such suspension. If the suspension is reduced or reversed at the conclusion of the appeal process, the City shall reinstate the forfeited credits. This provision shall not be subject to the grievance procedure.
16.4 WITHDRAWAL OF APPEAL
An employee or union may withdraw an appeal of discipline at any time prior to a decision by an Administrative Law Judge or the Civil Service Board . An appeal shall be deemed withdrawn if the employee fails to respond within thirty (30) days to a written request by the City to schedule a hearing or otherwise participate in the appeal process. The written request shall be certified and sent to the employee’s mailing address as shown in the City’s payroll system.
53 16.5 SUSPENSIONS AND PAY REDUCTIONS
a. Suspensions and pay reductions imposed after June 20, 2009, will be withdrawn from an employee's official personnel file, and any other personnel files maintained by the City five (5) years from the date of issue provided there has not been additional formal discipline imposed during the five-year period. If an employee had additional discipline in the five -year period, the removal date will restart.
b. All discipline documents that are removed from the employee’s personnel file will be retained in Labor Relations. Should an employee have subsequent discipline, the earlier disciplines may be used for purposes of progressive discipline.
c. Documented counselings issued on or after January 9, 2024, will be withdrawn from an employee’s department file eighteen (18) months from the date of issue provided there has not been formal discipline imposed during the eighteen (18) month period. Once re moved, the documented counseling may not be used to enhance subsequent discipline but may be used to demonstrate that the employee is aware of the issue and/or for impeachment purposes.
ARTICLE 17 – MISCELLANEOUS
17.1 STRIKES AND LOCKOUTS
For the duration of this Agreement, the Union and its members agree that it shall not call, sanction or engage in any strike, slowdown, suspension, or stoppage of work activity, and the City agrees that it shall not cause or engage in any lockout.
Further, the City shall have the right to deny all usage of sick leave by any employee where the City Manager has reasonable cause to believe the sick leave usage is related to a sick-out or any other form of concerted activity.
17.2 SAVINGS CLAUSE
If any provision of this Agreement, or the application of such provision should be rendered or declared invalid by any decree of a court of competent jurisdiction or by the reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect.
17.3 CIVIL SERVICE BOARD RULES
In the event that any Civil Service Board Rules or Regulations are in conflict with this Agreement, the Agreement shall apply.
54 17.4 NON-DISCRIMINATION
The City and the Union agree to abide by applicable laws regarding discrimination against any employee for Union activity, race, creed, religion, sex, age or handicap.
17.5 SELECTION OF VACANCIES
The City shall reassign or prevent the assignment of employees where there is or would be an immediate supervisory/subordinate relationship and the employees have a potential employment conflict of interest due to a parental, spousal or sibling relationship.
17.6 TRIAL PERIOD
a. An employee or a former employee appointed to a career classifi cation as a non-career employee on or after November 22, 1996 , shall serve a trial period. A former employee is a person who was previously employed with the City but terminated such employment for any reason including the expiration of a limited-term appointment.
b. The trial period for the non -career employee appointed to a career classification shall be equivalent in length of time to the probationary period for that classification beginning with the first day the employee reports to work.
c. A non-career employee may be released from their position at the discretion of the appointing authority at any time during the trial period without right of appeal to the Civil Service Board. Such release shall be confirmed in writing. d. This provision shall not be used to circumvent the civil service system in respect to the City's testing practices.
17.7 CONTRACTING OUT
a. The City shall not contract out for goods and services performed by bargaining unit employees which will result in any career employee being laid off without prior consultation with the Union concerning the impact on the terms and conditions of employment of employees covered by this Agreement.
b. Any layoffs resulting from the City's action shall be made pursuant to the layoff provisions of this Agreement.
17.8 PAYROLL ERRORS
a. In the event an error has been made in the payment of an employee's compensation, including, but not limited to, wages, overtime payment s, healthcare contributions, incentives, or leave accruals, balances and/or
55 usages, the City shall, for purposes of future compensation, adjust such compensation to the correct amount, giving written notice to the employee. b. In the event an employee received an overpayment , reimbursement to the City shall be accomplished by:
(1) Lump sum payment by the employee;
(2) A one-time deduction from available paid leave balances, except sick leave, equivalent to the overpayment at the employee's current hourly rate;
(3) A repayment schedule through payroll deduction; and/or (4) Other means, as may be mutually agreed between the parties.
No repayment schedule shall exceed fifty-two (52) pay periods in duration, except that if the employee does not agree to a voluntary repayment schedule, the overpayment collection shall not exceed twenty -six (26) pay periods. The time period may be extended by a signed agreement between the City and the employee.
c. No action shall be taken to enforce repayment of an overpayment, or to correct an underpayment, unless action is taken within two (2) years from the ending date of the pay period in which the error is discovered. "Action is taken" as used in this Section shall mean written notice to the employee in the case of an overpayment, or written or oral notice to the City in the case of an underpayment error.
17.9 DRIVER LICENSE REQUIREMENTS
a. Employees in the Equipment Serviceworker and Equipment Mechanic classifications shall possess a valid Class A commercial California driver license with a Tank Vehicle endorsement. The Class A license must not have airbrake or automatic transmission restrictions.
All other employees shall maintain the appropriate driver’s license required for their job classification.
b. Employees, who were hired prior to September 22, 1990, who are temporarily unable to maintain the required commercial license, but are able to maintain a Class “C” license, shall, as a result of that failure, be transferred to an alternate assignment, if available, with a salary reduction of 2.5%, until the required license has been obtained in a reasonable amount of time. However, in the event the employee is unable to obtain the required license, the employee shall be separated from employment.
Further, the salary reduction or separation from employment shall not be subject to the grievance procedures provided for in Article 5, nor shall the
56 reduction be considered disciplinary action as defined by Rule 12 of the Rules and Regulations of the Civil Service Board. In the event the transferred employee subsequently obtains the required license with endorsements, the employee shall be transferred back to t he previous assignment at the same step in the salary range occupied prior to the transfer and salary reduction.
c. An employee who is unable to qualify for a required commercial license, due to medical reasons, shall not be subject to the contractual transfer or salary reduction described in Section 17.9(b), above.
17.10 ZONAR OR OTHER GLOBAL POSITIONING SYSTEM (GPS) & SAFETY
STICKERS
Zonar and other GPS devices will be used for purposes of improving departmental efficiencies to include, but not be limited to, preserving City resources and preventing idle time. Zonar or GPS data shall not be used by the City as the only factor in gathering data for purposes of discipline. However, the data may be used to substantiate public complaints, support findings or confirm work performance issues for purposes of discipline. The City may place one “safety sticker” on City vehicles which reads “How’s My Driving? Dial 311.” Safety sticker shall not exceed 200 square inches and will not be placed in an area which obscures the driver’s safe operation of the vehicle.
17.11 TRANSPORTATION
a. Sacramento Regional Transit District (SRTD)
Full-time career employees who utilize the Sacramento Regional Transit District (SRTD) for home -to-work transportation are eligible for an eighty percent (80%) price discount on an SRTD monthly pass. Part-time career employees shall be eligible for a forty percent (40%) price discount. The employee must notify the Department of Finance, Revenue Division on or before the fifth day of the month to obtain the monthly pass discount for that month.
b. Other Bus Transportation
Eligible full-time career employees as described above, who regularly utilize other bus or mass transportation services regulated by the Public Utilities Commission (i.e. buses, vanpools, rail) for home -to-work commuting are eligible for up to eighty perce nt (80%) of the cost of the monthly pass.
Eligible part-time employees, as described above, shall be eligible for a forty percent (40%) monthly reimbursement. The employee must present the required proof of purchase to the Department of Finance, Revenue Division by the fifth day of the month to obtain reimbursement. The amount of monthly reimbursement shall not exceed one hundred dollars ($100.00).
57 c. Downtown Parking Subsidy
The City shall provide a forty-five dollar ($45.00) per month parking subsidy to eligible full-time career employees who are regularly assigned to work in the downtown area. Eligible part-time career employees who are regularly assigned to work in the downtown area will receive a twenty-five dollar ($25.00) per month parking subsidy. The subsidy will be included in the employee’s bi -weekly paycheck, subject to applicable state and federal taxes.
17.12 PROBATIONARY PERIOD
a. Probationary Period
The probationary period is an extension of and an integral part of the examination process. It shall be utilized for closely observing the employee’s work, for securing the most effective assimilation of a new employee, and for determining if performance meets the required standards of the job.
(1) The probationary period for employees in this Unit shall be twelve (12) months in duration.
(2) An employee may be released, without right of appeal, during the probationary period. Written notice of for the release shall be furnished the probationer.
b. Employee Service Rating and Reports
Employees are entitled to Employee Service Rating and Reports which outline progress and performance in their classifications. c. The Employee Service Rating and Report shall primarily serve as follows:
(1) To regularly review employee’s performance with the supervisor; (2) To ascertain and encourage the improvement in performance or progress of employee;
(3) To provide effective supervision of an employee; and (4) To note and reward outstanding achievement by an employee.
An employee in a twelve (12) month probationary position shall receive such Reports on or about the end of the third, fifth, eighth, and eleventh months of service and annually thereafter.
58 17.13 NEW EMPLOYEE ORIENTATION
Unless Otherwise agreed in advance, Union Business Representative, or their designees, shall be provided up to fifteen (15) minutes to attend the City’s Regularly scheduled new -employee orientations so that they may provide information about the Union and labor agreement.
17.14 EMPLOYEE INFORMATION
At least every thirty (30) days, the City shall provide the Union with a list of employees who are employed in classifications represented by the Union.
To the extent it is known, information shall include: name; classification date; job title; department; work, home, and personal cellular phone numbers; personal email address; and the home address of each employee.
17.15 PERS RETIREMENT PLAN
a. Member Contribution to PERS Retirement Plan – Classic Members (1) Classic members in miscellaneous classifications shall pay the seven percent (7%) member contribution to the PERS retirement plan and shall qualify for the 2% at 55 benefit formula and retirement shall be based upon the highest twelve (12) consecutive months of compensation.
(2) Effective June 20, 2020, employees covered under Section 17.15(a) (Member Contribution to PERS Retirement Plan – Classic Members) shall pay, through payroll deduction, one hundred percent (100%) of the seven percent (7%) member contribution, plus an additional one percent (1%) of the employer’s contribution of PERSable compensation for a total contribution of eight percent (8%) toward the cost of pension benefits as permitted by Government Code section 20516 (Employee Cost Sharing of Additional Benefits). T he parties acknowledge that CalPERS mandates an election of unit members, separate from the ratification of this MOU, to provide for this cost sharing pursuant to Government Code section 20516. As soon as practicable after the effective date of this MOU, the City will initiate the contract amendment process. Upon approval and agreement from the bargaining unit and completion of the City’s amendment to the CalPERS contract, employee contributions will be made pursuant to Government Code section 20516. Should the membership vote against the CalPERS contract amendment, effective June 20, 2020, the above referenced one percent (1%) cost sharing shall be implemented outside of a CalPERS contract amendment as authorized by Government Code section 20516(f).
The Union and the City will take all actions necessary to implement the pension cost sharing agreement described in this Section.
59 b. Member Contribution to PERS Retirement Plan – New Members “New members” as defined by Public Employees’ Pension Reform Act (PEPRA) shall be members in the PERS on terms consistent with the PEPRA. New members shall qualify for the 2% at 62 benefit formula, shall contribute fifty percent (50%) of the total normal cost as required by PEPRA, and retirement shall be based upon the highest thirty -six (36) consecutive months of compensation.
17.16 MODIFIED/ALTERNATIVE DUTY POLICY
The City’s Modified/Alternative Duty Policy shall be applicable to eligible employees who have been injured on-the-job.
17.17 SUPERVISOR BENEFITS
During the last year of th is Agreement, the City will meet with the Union at the Union’s request to review the Local 39 Supervisory contract in advance of successor contract negotiations with the International Association of Machinists and Aerospace Workers.
17.18 ON THE JOB TRAINING PROGRAM
In the interest of creating a pathway for employees in the classification of Equipment Serviceworker to gain On -The-Job training (OJT) and experience as an Equipment Mechanic, during the term of this Agreement, Fleet Management will design an OJT program t o assist employees interested in gaining such experience. The following will apply to the OJT program:
a. The employee must meet the minimum qualifications of the Equipment Mechanic I classification and express interest to participate in the program. b. The employee will be designated with a working title as an OJT Equipment Mechanic I and assigned the work of the classification Equipment Mechanic I. Such designation will be done in writing and shall end one (1) year from the date of assignment. Employees shall not serve more than one (1) year in this program.
c. Participating employees shall receive four (4) performance evaluations which shall be completed every three (3) months. The completed evaluations will be maintained in the employee’s department file. d. The OJT Equipment Mechanic program is voluntary, and employees designated as OJT Equipment Mechanic I’s shall not qualify for the allowance in Article 11.1, Temporary Work In A Higher Classification, in this Agreement. Such time in the assignment will not count as seniority toward the Equipment Mechanic I classification, however, time spent in the program will count toward the Equipment Serviceworker classification seniority.
60 e. Participation in the program does not guarantee automatic placement in the Equipment Mechanic classifications. The OJT program is a pilot program for the term of this Agreement and can be canceled by either the City or Union with thirty (30) days’ notice.
17.19 DEFERRED COMPENSATION PLAN
Career employees may participate in the City’s Deferred Compensation 457 Plan, to the extent provided by law.
Each participant in the Plan shall contribute an administrative fee of one dollar and fifty cents ($1.50) per month from their plan balance to the Plan’s administrative allowance account. Funds accumulated by the administrative fee will be utilized as prescribed in the Defined Contribution Plans Committee’s Fee and Expense Policy.
17.20 TERM
a. This Agreement shall remain in full force and effect from July 1, 2023 , to and including July 11, 2025.
b. The provisions of this Agreement shall be effective on the effective date stated above except as otherwise specifically provided.
61 DATED: January 9, 2024
INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE
WORKERS, LOCAL LODGE NO. 2182,
DISTRICT LODGE 190, AFL-CIO
CITY OF SACRAMENTO
Paul Abarca
Chief Negotiator
Shelley Banks-Robinson
Director of Human Resources
Paul Abarca
Business Representative
Aaron Donato
Labor Relations Manager
Randy McCrum
Negotiating Committee
Leslie Wisniewski
Chief Negotiator
Art (Herman) Osby
Negotiating Committee
Christen Snyder
Negotiating Committee
Eric Benoit
Negotiating Committee
Alison Kerstetter
Negotiating Committee
Mark Denhart
Negotiating Committee
Approved as to form:
Brett M. Witter
Assistant City Attorney
and
Labor Agreement
Covering Employees
In The Building Trades and Craft Unit
2023-2025
i
TABLE OF CONTENTS
Section Page
PREAMBLE ................................ ................................ ................................ ............................... 1 ARTICLE 1 – RECOGNITION ................................ ................................ ................................ .... 1
1.1 RECOGNITION ................................................................................................................................ 1
1.2 EMPLOYEES COVERED BY THIS AGREEMENT ......................................................................... 1
1.3 CAREER DEVELOPMENT TRAINEE CLASSIFICATIONS ............................................................ 2 ARTICLE 2 – SOLE AGREEMENT ................................ ................................ ............................ 2
2.1 SOLE AGREEMENT ........................................................................................................................ 2 ARTICLE 3 – CITY RIGHTS ................................ ................................ ................................ ...... 2
3.1 CITY RIGHTS .................................................................................................................................. 2 ARTICLE 4 – PAYROLL DEDUCTIONS ................................ ................................ .................... 3
4.1 PAYROLL DEDUCTIONS ................................................................................................................ 3 ARTICLE 5 – TIME OFF FOR COUNCIL ACTIVITIES ................................ ............................... 5
5.1 TIME OFF FOR COUNCIL ACTIVITIES .......................................................................................... 5 ARTICLE 6 – GRIEVANCE PROCEDURE ................................ ................................ ................ 5
6.1 GRIEVANCE PROCEDURE ............................................................................................................ 5
6.2 PURPOSE ........................................................................................................................................ 5
6.3 DEFINITIONS .................................................................................................................................. 5
6.4 STEP ONE ....................................................................................................................................... 6
6.5 STEP TWO ...................................................................................................................................... 6
6.6 STEP THREE ................................................................................................................................... 6
6.7 ARBITRATION ................................................................................................................................. 7
6.8 WITNESSES .................................................................................................................................... 7 ARTICLE 7 – SALARY ADJUSTMENTS ................................ ................................ .................... 8
7.1 SALARY RANGES ........................................................................................................................... 8
7.2 SALARY ........................................................................................................................................... 8 ARTICLE 8 – SALARY ADMINISTRATION ................................ ................................ ................ 8
8.1 ORIGINAL APPOINTMENT COMPENSATION RATE .................................................................... 8
8.2 ADVANCEMENT IN RATE OF COMPENSATION .......................................................................... 8
8.3 EFFECT OF CLASSIFICATION CHANGE ON RATE OF COMPENSATION .............................. 10
8.4 EFFECT OF CHANGE OF SALARY RANGE UPON COMPENSATION ...................................... 10
8.5 RATE OF COMPENSATION UPON RETURN TO CITY SERVICE ............................................. 11
8.6 TEMPORARY WORK IN HIGHER CLASSIFICATION .................................................................. 11
8.7 RATES HIGHER THAN TOP STEP (Y-RATE) .............................................................................. 11
8.8 SALARY CONTINUATION FOR ABSENCES OF LESS THAN ONE WORK DAY ...................... 11
8.9 LONGEVITY PAY .......................................................................................................................... 12 ARTICLE 9 – HEALTH AND WELFARE ................................ ................................ ...................12 ii
9.1 CONTRIBUTION TO FULL-TIME AND PART-TIME CAREER EMPLOYEES ............................. 12
9.2 CONTRIBUTION TO NON-CAREER EMPLOYEES ..................................................................... 13
9.3 AMOUNT OF CONTRIBUTION ..................................................................................................... 13
9.4 COVERED DEPENDENTS ............................................................................................................ 14
9.5 CASH-BACK LIMITS ...................................................................................................................... 15
9.6 LIFE INSURANCE ......................................................................................................................... 15
9.7 FLEXIBLE SPENDING ACCOUNTS ............................................................................................. 15
9.8 RETIREES OR SURVIVOR DEPENDENTS ................................................................................. 16 ARTICLE 10 – HOURS OF WORK ................................ ................................ ...........................20
10.1 WORKDAY, WORKWEEK ............................................................................................................. 20
10.2 REST PERIODS ............................................................................................................................ 21
10.3 VOLUNTARY WORK FURLOUGH PROGRAM ............................................................................ 21 ARTICLE 11 – OVERTIME/COMPENSATING TIME OFF ................................ ........................21
11.1 OVERTIME/COMPENSATING TIME OFF (CTO) ......................................................................... 21 ARTICLE 12 – SPECIAL ALLOWANCES ................................ ................................ .................22
12.1 TOOL ALLOWANCE ...................................................................................................................... 22
12.2 TOOL INSURANCE ....................................................................................................................... 22
12.3 PNEUMATIC AND BATTERY TOOL REPAIR .............................................................................. 24
12.4 ON-CALL PAY ............................................................................................................................... 24
12.5 CALL-BACK PAY ........................................................................................................................... 25
12.6 NIGHT-SHIFT PREMIUM PAY ...................................................................................................... 25
12.7 TUITION REIMBURSEMENT ........................................................................................................ 26
12.8 REQUIRED LICENSES AND CERTIFICATIONS ......................................................................... 26
12.9 CONTINUING EDUCATION .......................................................................................................... 26
12.10 CERTIFICATE INCENTIVES ......................................................................................................... 26
12.11 TECHNOLOGY ALLOWANCE ...................................................................................................... 28 ARTICLE 13 – STAGEHANDS ................................ ................................ ................................ .28
13.1 SHIFT CHANGES .......................................................................................................................... 28 ARTICLE 14 – LEAVES ................................ ................................ ................................ ............29
14.1 HOLIDAYS ..................................................................................................................................... 29
14.2 VACATION ..................................................................................................................................... 31
14.3 SICK LEAVE .................................................................................................................................. 32
14.4 PARENTAL LEAVE ........................................................................................................................ 35
14.5 CATASTROPHIC LEAVE PLAN .................................................................................................... 36
14.6 COURT LEAVE .............................................................................................................................. 38
14.7 PERSONAL TIME OFF (PTO) ....................................................................................................... 39
14.8 SUPERVISORY PERSONAL TIME OFF ....................................................................................... 39
14.9 STATE DISABILITY INSURANCE (SDI) ....................................................................................... 39
14.10 BEREAVEMENT LEAVE ............................................................................................................... 40
14.11 PAID CITY LEAVE ......................................................................................................................... 40 ARTICLE 15 – SAFETY SHOES AND SAFETY GLASSES ................................ ......................41
15.1 SAFETY ......................................................................................................................................... 41
15.2 SAFETY SHOES ............................................................................................................................ 41
15.3 SAFETY GLASSES ....................................................................................................................... 42
15.4 DAMAGE TO PRESCRIPTION SAFETY GLASSES .................................................................... 43 iii
ARTICLE 16 – LAYOFF ................................ ................................ ................................ ............43
16.1 PURPOSE ...................................................................................................................................... 43
16.2 DEFINITIONS ................................................................................................................................ 43
16.3 PROCEDURE ................................................................................................................................ 45
16.4 SALARY IN EVENT OF DOWNGRADE ........................................................................................ 47
16.5 FRINGE BENEFITS ....................................................................................................................... 48
16.6 RECALL ......................................................................................................................................... 48 ARTICLE 17 – DISCIPLINE ................................ ................................ ................................ ......49
17.1 LETTER OF REPRIMAND ............................................................................................................. 49
17.2 IN-LIEU DISCIPLINE ..................................................................................................................... 50
17.3 WITHDRAWAL OF APPEAL.......................................................................................................... 50
17.4 SUSPENSIONS AND PAY REDUCTIONS ................................................................................... 50 ARTICLE 18 – UNIFORMS ................................ ................................ ................................ .......50
18.1 UNIFORMS .................................................................................................................................... 50 ARTICLE 19 – MISCELLANEOUS ................................ ................................ ............................51
19.1 NEW OR REVISED JOB CLASSIFICATIONS .............................................................................. 51
19.2 EMPLOYEE ORIENTATION .......................................................................................................... 52
19.3 EMPLOYEE INFORMATION ......................................................................................................... 52
19.4 SELECTION OF VACANCIES ....................................................................................................... 52
19.5 DRIVER LICENSE REQUIREMENTS ........................................................................................... 53
19.6 CONTRACTING OUT .................................................................................................................... 54
19.7 SAVINGS CLAUSE ........................................................................................................................ 54
19.8 PAYROLL ERRORS ...................................................................................................................... 54
19.9 TRIAL PERIOD .............................................................................................................................. 55
19.10 MODIFIED/ALTERNATIVE DUTY POLICY ................................................................................... 55
19.11 PERS RETIREMENT PLAN........................................................................................................... 55
19.12 SECTION 401(A) MONEY PURCHASE PLAN ............................................................................. 56
19.13 EMERGENCY RESPONSE ........................................................................................................... 56
19.14 TRANSPORTATION ...................................................................................................................... 57
19.15 PROBATIONARY PERIOD ............................................................................................................ 57
19.16 ZONAR OR OTHER GPS AND SAFETY STICKERS ................................................................... 58
19.17 DEFERRED COMPENSATION PLAN ........................................................................................... 58
19.18 TERM ............................................................................................................................................. 59 EXHIBIT A - EMPLOYEE PAYROLL DEDUCTION AUTHORIZATION ................................ .....61
1 PREAMBLE
This AGREEMENT, hereinafter referred to as the Agreement, entered into by the CITY OF SACRAMENTO, hereinafter referred to as the City, and the SACRAMENTO - SIERRA'S BUILDING AND CONSTRUCTION TRADES COUNCIL, hereinafter referred to as the COUNCIL, has as its purpose the promotion of harmonious labor relations between the City and the Council, establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, hours of work, and other conditions of employment.
ARTICLE 1 – RECOGNITION
1.1 RECOGNITION
a. The City hereby recognizes the Council as the exclusive bargaining agent for all employees in the Building Trades and Craft Unit, as defined in the City's Employer-Employee Relations Policy, and agrees to meet and confer and otherwise deal exclusively with the Council on all matters relating to the scope of representation pertaining to the said employees as authorized by law.
b. The Council will not object to the State Mediation and Conciliation Service or the American Arbitration Association conducting any election pursuant to the City's Employer-Employee Relations Policy.
1.2 EMPLOYEES COVERED BY THIS AGREEMENT
Any employee working in a job classification in the Building Trades and Craft Unit shall be covered by this Agreement except as hereinafter provided. Additionally, any career employee covered by this Agreement who accepts a temporary appointment to a classification outside this Agreement shall continue to be covered by this Agreement for a period of ninety (90) calendar days. Such temporary appointment shall be treated as an out -of-classification assignment. Similarly, a career employee not covered by this Agreement who accepts a temporary appointment to a classification covered by this Agreement shall not fall under the provisions of this Agreement for a period of ninety (90) calendar days.
The following terms are defined as used throughout this Agreement:
Career Employees : Those employees having either probationary or permanent status in a classification covered by this Agreement.
Non-Career Employees : Employees working in a classification covered by this Agreement who are not required to serve a probationary period and who therefore have neither probationary nor permanent status. There are the following two (2) categories of non-career employees:
2 (+1,040): These non-career employees work, within one (1) year of each date of employment, in excess of 1,040 hours during a continuous period of employment of more than six (6) months.
(-1,040): These non-career employees work, within one (1) year of each date of employment, 1,040 or less hours. Included in this category are all non - career employees who do not fall under the (+1,040) definition.
1.3 CAREER DEVELOPMENT TRAINEE CLASSIFICATIONS
The City shall have the right during the term of the Agreement to establish Career Development Trainee classifications. Such classifications shall have a flat hourly rate of pay equivalent to ten percent (10%) below Step 1, as applicable, step of the salary range of the career classification, as shown in the salary schedule . (For example, if the Step 1 hourly rate of pay is $8.23 for the career classification for which the career development training is being conducted, the flat hourly rate for the Career D evelopment Trainee would be $8.23 minus $.823 or $7.407.) An employee appointed as a Career Development Trainee shall have non -career (+1,040) status for purposes of benefit eligibility during the term of the appointment.
ARTICLE 2 – SOLE AGREEMENT
2.1 SOLE AGREEMENT
a. The City and Council both agree that this Agreement, wh en signed by both parties hereto, and approved by the City Council, supersedes all other Agreements and supplements and represents the sole agreement between the parties.
b. If during its term, the parties hereto should mutually agree to modify, amend or alter the provisions of the Agreement in any respect, any such change shall be effective only if and when reduced to writing and executed by the authorized representative of t he City and the Council. Any such changes validly made shall become a part of this Agreement and subject to its terms.
ARTICLE 3 – CITY RIGHTS
3.1 CITY RIGHTS
The City retains the exclusive right, among others, in accordance with applicable laws, regulations, and the provisions of this Agreement, (a) to direct employees in the performance of their duties; (b) to hire, promote, transfer and assign employees; (c) to classify employees in accordance with applicable Charter, ordinance and Civil Service Board Rule provisions; (d) to discipline employees; (e) to dismiss employees because of lack of work, or funds, or for other reasonable cause; (f) to determine the mission of the Division and Department, its budget, its organization, the number of employees, and the numbers, types, classifications
3 and grades of positions or employees assigned to an organization unit, work project, shift or tour of duty, and the methods and technology of performing its work; and (g) to take whatever action that may be appropriate to carry out its mission in situations of emergency.
ARTICLE 4 – PAYROLL DEDUCTIONS
4.1 PAYROLL DEDUCTIONS
a. In addition to continuing existing payroll deductions under plans to which the City is or shall hereafter be a contracting party, the City agrees to establish payroll deductions for members of the Council for: (1) the normal and regular monthly Council membership dues and assessments ; and (2) monthly insurance premiums for plans sponsored by the City or Council, not to exceed three (3) insurance deductions per member, including other Council-sponsored programs.
b. All the above payroll deductions shall be subject to the following conditions:
(1) Such deductions shall be made pursuant to the terms and conditions set forth in this Agreement using the Council’s Member Enrollment Form (hereafter, “Member Enrollment Form” ) agreed to by the City and Council. The member enrollment form shall include:
• Employee full name;
• Employee date of birth;
• Employee eCAPS ID number or the last four numbers of their Social Security number;
• Amount or percentage to be deducted from employee’s bi - weekly paycheck for membership dues;
• Additional deductions (e.g., life insurance); and
• Any additional necessary information.
Any future changes or modification to the member enrollment form shall be agreed upon between the City and the Council.
(2) Such deductions shall be made only upon submission of the member enrollment form, by the Council, to the Payroll Division, Department of Finance.
(3) Dues deductions shall occur over twenty -four (24) pay periods per year, which shall be the first two (2) paychecks each month. If for any reason an employee does not have sufficient funds due them to
4 provide for the payment of any of the above payroll deductions after all other authorized or mandatory deductions or garnishments have been made, if any, no such sums shall be payroll deducted and the Council shall assume the duty of direct collection from the employee. (4) The Council is responsible for submitting the member enrollment form to the Payroll Division, Department of Finance, any changes in the amounts to be payroll deducted from the paychecks of employees who have so authorized.
(5) When changes in the rates affect large groups of the Council’s members, the Council may, in place of the agreed upon member enrollment form, notify the Payroll Division, Department of Finance, by email, clearly defining the group of Council members affected and the new rate.
(6) Unless notified in writing by the Council of any employee’s request to cancel their Council dues deduction(s), the City will continue to deduct dues, and/or any additional deduction(s) noted. Notification will be made to the Payroll Division, Department of Finance, utilizing the member enrollment form notating in the “Additional Information” column that it is a membership cancellation.
(7) In the event that a Council member is no longer employed in a classification covered under this Agreement, but remains an a ctive employee of the City, the City may cancel their Council dues deductions(s) without notification from or to the Council. Upon written notification by the Council, the City shall enroll new members and/or cancel existing membership as soon as practicable, not to exceed a period of thirty (30) calendar days after notification. (8) The Council shall maintain signed authorization forms by their members certifying that the dues and/or fee(s) deductions(s) are authorized and shall provide said authorization forms to the City in the event of a dispute regarding the existence or terms of such authorization.
c. The Council will promptly refund to the City any amounts paid to the Council in error under this Section. The Council expressly agrees to indemnify and hold the City harmless from any and all claims, demands, costs (including any costs incurred by the City in defense of a lawsuit), expenses, damages or other monetary losses out of or in any way connected with any action or inaction of the City in the adoption or administration of this Section. This hold harmless and indemnity agreement shall include, but not be limited to, employee legal actions of any sort or nature against the City based upon or related to this Section.
5 ARTICLE 5 – TIME OFF FOR COUNCIL ACTIVITIES
5.1 TIME OFF FOR COUNCIL ACTIVITIES
The Council shall be provided a total of twenty -six (26) hours per year paid for by the City for participating in Council activities not prohibited by law. Such time off may be utilized by career employees who are members of the Council for the purposes of meeting with other employee organizations, executive boards or membership meetings, administering benefit programs on behalf of Council members; and for pa rticipating in grievance or disciplinary proceedings involving the Council or its members.
ARTICLE 6 – GRIEVANCE PROCEDURE
6.1 GRIEVANCE PROCEDURE
The City and the Council agree to implement the below grievance procedure.
6.2 PURPOSE
a. This grievance procedure shall be used to process and resolve grievances arising under this Agreement except to the extent that the City Charter vests jurisdiction elsewhere.
b. The purposes of this procedure are:
(1) to resolve grievances informally at the lowest possible level; (2) to provide an orderly procedure for reviewing and resolving grievances promptly.
6.3 DEFINITIONS
a. A grievance is a good faith complaint of one (1) or a group of employees, or a dispute between the City and the Council involving the interpretation, application, or enforcement of the express terms of this Agreement. No matter shall be considered as a grievance under this Article unless it is presented in writing within sixty (60) calendar days after occurrence of the events on which the grievance is based. With the consent of the City's third step representative the sixty (60) calendar day time limit for filing grievances may be extended.
b. As used in this procedure, the term "supervisor" means the individual who assigns, reviews and directs the work of an employee.
c. As used in this procedure the term "party" means an employee, the Council, the City, or their authorized representatives.
6 d. The employee retains all rights conferred by Sections 3500 et. seq., of the Government Code or the Rules and Regulations of the Civil Service Board unless waived by such employee.
6.4 STEP ONE
a. An employee who believes they have cause for grievance may contact their supervisor alone. An employee who believes they have cause for grievance may contact their supervisor with the Steward. If after discussions with the supervisor, the employee does not feel the grievance has been properly adjusted, the grievance may be reduced to writing. The grievance statement shall include the following:
(1) A statement of the grievance clearly indicating the question raised by the grievance and the article(s) and section(s) of this Agreement. (2) The remedy or correction requested of the City.
(3) The grievance form shall be signed by the grieving employee, the date and time of presentation affixed thereto, and signed as received by the employee's Division Head.
b. The grieving employee's Division Head, or designee, shall give their answer to the grievance in writing fourteen (14) calendar days from the time they received the grievance in writing. The first step answer shall include the following:
(1) A complete statement of the City's position and the facts upon which it is based;
(2) The remedy or correction which has been offered, if any.
6.5 STEP TWO
The appeal to the second step will be made within fourteen (14) calendar days after receipt of the City’s Step One Response. The hearing of the grievance will be held within fourteen (14) calendar days of the second step appeal. The Council representative and designated departmental representative will meet in an effort to settle the matter. The City's answer will be made fourteen (14) calendar days after the hearing is held. The employee has fourteen (14) calendar days after receiving the City’s Step Two Response to determine whether or not to appeal the grievance to the third step.
6.6 STEP THREE
a. The Council's representative and the designated representative of the City will meet to hear grievances appealed to the third step. Grievances appealed to the third step of the grievance procedure shall be heard within
7 fourteen (14) calendar days after the appeal to the third step of the grievance procedure.
b. A written answer will be made within fourteen (14) calendar days after the hearing stating the City's position.
6.7 ARBITRATION
a. If the third step answer is not satisfactory to the employee, the Council may appeal the grievance to arbitration. The request for arbitration must be given in writing to the Labor Relations Manager by the Council within fourteen (14) calendar days from the date of the third step answer.
b. An arbitrator may be selected by mutual agreement between the Council ’s representative and the Labor Relations Manager, or designee. c. Should the representatives fail to mutually agree on an arbitrator, they shall make a joint request to the American Arbitration Association for a list of five (5) qualified arbitrators. The parties shall alternate striking names from the list and the remaining person shall be accepted as the arbitrator. The first party to strike will be determined by the flip of a coin. d. It is understood that the arbitrator will only interpret this Agreement and will in no instance add to, delete from, or amend any part thereof. The arbitrator's decision shall be final and binding on the City, the Council and employee.
e. The fees of the arbitrator and the court reporter, if used, will be borne equally by the Council and the City.
f. Either party to this Agreement shall, upon receipt of a written grievance, have the right to refuse to handle such grievance if the aggrieved party has not followed the steps outlined in this Article for processing a grievance. g. If the City does not meet time limits, the Council may process the grievance to the next step of the grievance procedure. Time limits at each step may be waived by mutual agreement of the parties.
h. A Steward or a Council representative shall have the authority to settle grievances for the Council or employees at the respective steps of the grievance procedure.
6.8 WITNESSES
The City agrees that employees shall not suffer loss of compensation for time spent as a witness at an arbitration hearing held pursuant hereto. The Council agrees that the number of witnesses requested to attend and their scheduling shall be reasonable.
8 ARTICLE 7 – SALARY ADJUSTMENTS
7.1 SALARY RANGES
a. The salary schedule shall consist of eight (8) steps. b. The top step for the Senior Electrician classification will be benchmarked at five percent (5%) above the top step of the Electrician classification.
7.2 SALARY
Effective July 1, 2023, all salary steps shall be increased by ten percent (10%).
This increase to all salary steps will be implemented within sixty (60) calendar days after the adoption of this Agreement by City Council. Only those employees who are on payroll and who are employed in a classification covered by this Agreement on the date of implementation will receive the increase retroactively.
ARTICLE 8 – SALARY ADMINISTRATION
8.1 ORIGINAL APPOINTMENT COMPENSATION RATE
The rate of compensation upon original appointment shall normally be Step 1, as applicable. However, if the City Manager or designee finds that the appointee has extraordinary qualifications, or that a higher step is necessary in order to recruit, appointment at any step in the range may be made. This provision shall apply to original appointments to career positions and appointments to non -career positions.
8.2 ADVANCEMENT IN RATE OF COMPENSATION
a. Advancement in Steps
(1) Upon successful completion of twenty-six (26) weeks (1,040 hours) of service, an employee shall be advanced to the next higher step of the salary range of the classification. Employees who thereafter maintain a normally satisfactory level of performance shall be advanced automatically at fifty-two (52) week (2,080 hours) intervals to succeeding steps of the assigned salary range. (This subsection shall not apply to non-career employees.)
(2) An employee in a classification who has completed the required probationary period in their current classification and who is at a salary step lower than top step, may be advanced to any higher step in the salary range for that classification at any time. Such step advancement under this provision shall not be subject to the grievance procedure and shall be at the sole discretion of the Department Head.
9 (3) Time spent on leave of absence without pay of ten (10) or less consecutive workdays shall not affect the step increase eligibility date. For such leaves in excess of ten (10) consecutive working days, all leave time shall not count toward step increases. b. Denial of Step Increase and Reduction In-Grade
Employees who do not maintain a satisfactory level of performance may be denied advancement, and may be reduced within grade upon approval of the appointing authority. Employees in the civil service who are denied advancement, or who are reduced in -grade, shall have the right to appeal to the Civil Service Board in accordance with its Rules and Regulations. (This subsection shall not apply to non-career employees.) c. Effective Date of Step Increases/Payroll Changes
All payroll changes shall be effective on the first day of the bi -weekly pay period following the date the employee became eligible for a pay increase, which bi-weekly pay period shall begin at 12:01 a.m. Saturday of the first week, and end at 12:00 midnight on the Friday of the second week. d. Effective Date of Salary Step Increase Upon Extension of Probationary Period
(1) If the probationary period is extended due to light duty, sick leave, or injury-on-duty time, the salary step increase will be delayed for the period of the extension. However, the probationary period shall only be extended if the time exceeds thirty (30) consecutive calendar days.
(2) For an employee in a classification with a six (6) month probationary period who successfully completes the extended probationary period, the period of the extension shall be included in determining the eligibility date for the salary step increase. For example, an employee is appointed on January 4, 1986, and works in the regular assignment until April 11, 1986. On April 12, 1986, the employee is on injury-on-duty time until July 4, 1986 , and returns to the regular assignment on July 5, 1986. The employee successfully completes the probationary period on September 26, 1986. The effective date on the salary step increase is July 5, 1986, because the period April 12, 1986, to July 4, 1986, is included in determining the salary step eligibility date.
(3) When the probationary period is extended for an employee in a classification with a twelve (12) month probationary period who has successfully completed less than twenty -six (26) weeks of service, the employee shall be eligible for a salary step increase upon successful completion of twenty-six (26) weeks of service, excluding
10 the period of the extension. The period of the extension, however, shall be included in determining the eligibility date for the salary step increase. The effective date of the salary step increase is determined in accordance with the example given above.
(4) When the probationary period is extended for an employee in a classification with a twelve (12) month probationary period who has successfully completed more than twenty -six (26) weeks of service and who successfully completes the extended probationary per iod, the period of the extension shall be included in determining the eligibility date for the next salary step increase. The effective date of the salary step increase is determined in accordance with the example given above, except fifty -two (52) weeks is required rather than twenty-six (26) weeks.
(5) If a probationary period is extended due to an unpaid leave of absence, the period of such extension is excluded in determining the eligibility date for a salary step increase.
8.3 EFFECT OF CLASSIFICATION CHANGE ON RATE OF COMPENSATION a. Movement to a Higher Classification
When an employee moves from one classification to another which has a higher salary, through examination, appointment to an exempt position, temporary appointment in the absence of an eligible list, or reallocation, the employee shall receive an increase a t least equal to a full in -grade salary step (5%) or Step 1, as applicable, of the higher classification, whichever is greater, but not to exceed the maximum rate of the higher classification. b. Movement to Another Position in the Same Classification or to a Classification With the Same Salary Range
When an employee moves to another position in the same classification or to another classification with the same salary range, the employee shall maintain the same salary and same anniversary date.
c. Movement to a Lower Classification
When an employee's position is reallocated to a classification with a lower salary range, the employee shall suffer no reduction in salary, and the Y - rate provisions of this Agreement shall apply. The salary of an employee who voluntarily demotes shall be that salary step nearest but does not exceed such salary paid in the previous classification.
8.4 EFFECT OF CHANGE OF SALARY RANGE UPON COMPENSATION
Whenever the salary range of a classification is adjusted upward, the salary rate of each employee in the classification shall be adjusted to the step in the new range
11 which corresponds to the step received in the former range, and the employee shall retain the current anniversary date for further increases within the new range.
8.5 RATE OF COMPENSATION UPON RETURN TO CITY SERVICE
a. An employee recalled after layoff, reinstated after a leave of absence, or reemployed in the same classification after resignation shall return to the same salary step paid at the time of departure.
b. If the employee is reemployed after resignation to a classification lower than that in which last employed, the employee may receive any step, but not to exceed the salary of the classification in which last employed. If that step is other than the maximum step of the salary range, the anniversary date for subsequent in-grade adjustments shall be twelve (12) months from the date of reemployment and each year thereafter until the maximum step of the salary range is reached.
8.6 TEMPORARY WORK IN HIGHER CLASSIFICATION
Temporary assignments to higher classifications shall be permitted only in those classifications where in the judgment of the Department Head or designee, it is necessary to maintain proper and efficient departmental operations. An employee temporarily assigned in writing to perform the duties of a higher classification shall be compensated for the duration of the out -of-classification assignment by the payment of five percent (5%) above the employee’s base rate of pay, o or the salary provided for in Step 1,of the higher classification, whichever is greater, but not to exceed the top step of the higher classification.
8.7 RATES HIGHER THAN TOP STEP (Y-RATE)
Whenever the salary of an employee exceeds top step of the salary range established for a classification, such salary shall be designated as a "Y -rate." During such time as an employee's salary remains above the top step , the employee shall not receive further salary increases, except that upon promotion to a higher classification, the employee shall immediately advance to the step of the range of the higher classification next above the "Y -rate," and be eligible for advancement to succeeding steps in the range as outlined in this Agreement. In the event an employee is "Y -rated" below top step, as applicable, the employee shall be permitted to advance to the maximum step of the original range.
8.8 SALARY CONTINUATION FOR ABSENCES OF LESS THAN ONE WORK DAY A salaried employee exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act who works for only a portion of the day shall not have their salary reduced that day due to insufficient accrued, usable leave. This provision will apply only to employees in supervisor classifications.
12 8.9 LONGEVITY PAY
Employee eligibility for longevity pay shall be determined as provided in Section 108 of the City Charter . The amount of payment after twenty (20) years of City service shall be one hundred dollars ($100.00), and after twenty-five (25) years of City service, an additional two hundred dollars ($200 .00), for a total of three hundred dollars ($300 .00). Any changes to the City Charter regarding longevity pay shall be subject to impact bargaining.
Longevity Pay as provided in this Section shall be reported to CalPERS in a manner consistent with CalPERS rules for reporting special compensation, as amended.
ARTICLE 9 – HEALTH AND WELFARE
9.1 CONTRIBUTION TO FULL-TIME AND PART-TIME CAREER EMPLOYEES a. The City shall administer a Cafeteria Plan benefits program for employees consistent with Internal Revenue Code Section 125 . The details of Plan eligibility and operational requirements are set forth in Plan documents. The City shall make contributions (City dollars) as defined below. One-half of the City contribution will be made to eligible employees on the first two (2) paychecks (Eligible Paycheck) in each month for insurance coverage the first and second halves of that month, respectively.
b. The amount of City contribution as provided in Section 9.3(b) (1 -3) and (c) for the first two (2) paychecks in each month shall be based on the number of hours for which the employee was paid in that bi -weekly pay period: 64 or more hours paid = 100% contr ibution; 40 -63.9 hours paid = 50% contribution.
c. Eligible employees shall receive a City contribution for each Eligible Paycheck on which if the employee is paid for forty (40) or more hours.
Employees who are paid less than forty (40) hours on an Eligible Paycheck may continue elected coverage limited to the City's medical, dental, and vision plans for up to six (6) months or the period of time permitted by the Consolidated Omnibus Budget Reconciliation Act (COBRA), whichever is greater, by personal remittance or other arrangement for payment of the full premiums of any insurance elected to be continued.
d. Notwithstanding Section 9.1(b) and 9.1(c), e mployees shall continue to receive a City contribution for each Eligible Paycheck during an approved leave of absence, if required by state and federal law, or while suspended from service without pay.
e. All terms and conditions of medical, dental, vision, disability, and basic life insurance sponsored by the City will be as outlined in certificates of coverage and related insurance contracts.
13 9.2 CONTRIBUTION TO NON-CAREER EMPLOYEES
a. Benefit eligible non-career employees (+1,040) shall receive prorated City dollars as indicated in 9.1(b). Except as provided herein, the City dollars shall be applied toward the premiums for City -sponsored medical, dental, and vision insurance plans for eligible employees and qualified dependents, if any.
b. To be eligible for City dollars under this Section, the non -career employee must be paid for a minimum of forty (40) hours of work on each paycheck.
If the employee fails to be paid for the minimum forty (40) hours necessary to receive the City contribution, the City shall deduct from the employee's first two (2) paychecks each month the amount needed to pay for the insurance plans which the employee has selected. If this deduction from the employee's first two (2) paychecks each month cannot be made in its entirety, it is the responsibility of the individual employee to pay for the remaining amount. Failure to do so before the end of the calendar month including such paycheck(s) shall automatically drop the employee from the City-sponsored insurance program until the next open enrollment period.
9.3 AMOUNT OF CONTRIBUTION
a. Account-Based Health Plan (ABHP)
(1) The ABHP is a combination of a High Deductible Health Plan (HDHP) and a Health Savings Account (HSA).
(2) Employees enrolled in an ABHP, the City contributions shall be as specified in Section 9.3(b), below. To the extent that the premium for the ABHP is less than the City contributions outlined below, any remaining City contribution specified in below shall be credited to the employee’s HSA.
b. City Contributions
(1) For full-time employees enrolled in a City-sponsored medical plan for employee only shall receive $838.00 per month.
Effective December 30, 2023 , for full -time employees enrolled in a City-sponsored medical plan for employee only, the City contribution shall be $955.00 per month.
(2) For full-time employees enrolled in a City-sponsored medical plan for employee plus one (1) dependent shall receive $1,333.00 per month.
Effective December 30, 2023 , for full -time employees enrolled in a City-sponsored medical plan for employee plus one (1) dependent, the City contribution shall be $1,520.00 per month.
14 (3) For full-time employees enrolled in a City-sponsored medical plan for employee plus two (2) or more dependents shall receive $ 1,777.00 per month.
Effective December 30, 2023 , for full -time employees enrolled in a City-sponsored medical plan for employee plus two (2) or more dependents, the City contribution shall be $2,026.00 per month. c. Employees not enrolled in a City -sponsored medical plan shall receive up to $747 .00 per month to purchase City -sponsored dental and vision coverage.
d. Effective the first paycheck of 2025 for plan year 2025, the City shall contribute fifty percent (50%) of the first fifty dollar ($50 .00) of premium increases, up to a total City dollar maximum contribution of twenty -five dollars ($25 .00) per month, toward the cumulative total increase in premiums, from plan year 2024 to plan year 2025, of the benchmarked twenty-five dollar ($25.00) Kaiser HMO, Delta Dental PPO, & VSP basic vision plans. The employee shall be responsible for any premium increase(s) which exceed this amount.
e. If all City bargaining units agree to the change, employees who are eligible to receive the City contribution who do not provide proof of the other group medical coverage or do not enroll in City medical coverage within thirty (30) calendar days of being eligible for the City’s contribution shall be enrolled in the lowest cost ABHP medical plan for employee only coverage. If all City bargaining units do not agree to the change, the City will continue to enroll such employees in the lowest cost traditional HMO medical plan for employee only coverage.
f. Employees shall not receive any unused portion of the City contribution as cash.
9.4 COVERED DEPENDENTS
a. An employee who has a domestic partner , and has a notarized City provided “Declaration & Understanding of Partnership Status for City of Sacramento Employee Health Benefits” dated on or before December 5, 2017, may cover the domestic partner under the employee’s City - sponsored medical plan. The employee’s contribution for the premium cost for the domestic partner coverage will be made on an “after tax” basis. b. An employee who has a domestic partner, and is registered with the Secretary of State of the State of California, may cover the domestic partner and/or the domestic partner’s children, under the employee’s City - sponsored medical plan. Employees with regist ered State of California domestic partners shall receive the City contributions as specified in Section
9.3, above.
15 c. The following eligible dependents qualify to be enrolled on a City medical, dental, or vision plan: lawfully married spouse or registered domestic partner; children up to age 26 who are an employee’s natural child, stepchild, adopted child, or the natural or adopted child of an employee’s spouse or registered domestic partner; children up to age 26 who are placed under the legal guardianship of an employee, the employee’s spouse, or employee’s registered domestic partner; children up to the age of 26 in which the City has received notice of a Qualified Domestic Relations Order of required coverage; and disabled unmarried children over the age of 26 who reside with the emp loyee. The definition of a dependent child for the purposes of medical insurance shall also be in accordance with the Patient Protection and Affordable Care Act.
d. An employee covered as a dependent of another City employee may not enroll in a City medical plan but may enroll in a City dental or vision plan.
9.5 CASH-BACK LIMITS
The cash-back for eligible employees who waive City-sponsored health insurance shall be $200.00 per month. The $200.00 per month shall remain in effect through the end of the contract.
a. Cash-back shall be available to employees who waive d health insurance enrollment during the 2013 open enrollment period. No employee shall receive cash back that is not receiving cash back at the end of the 2013 open enrollment period.
b. Employees transferring to classifications in the Building Trades and Craft Unit who are receiving cash -back at the time of transfer may maintain the cash-back option as long as they continuously waive City-sponsored health insurance.
c. Part-time employees shall be prorated as indicated in 9.2(a).
9.6 LIFE INSURANCE
a. The City will provide basic life insurance in an amount of $10,000 to each eligible career employee at no charge. Employees may purchase, at their expense, additional life insurance of $40,000.
b. Employees may also purchase, at their expense, supplemental life insurance at an amount of up to three (3) times their annual salary, subject to limitations specified by the insurance carrier.
9.7 FLEXIBLE SPENDING ACCOUNTS
The City shall offer the following Flexible Spending Account (FSA) as permitted by Internal Revenue Service Regulations:
16 a. Out-of-pocket costs for City-sponsored health, dental, and vision insurance plans;
b. Unreimbursed health care expenses; and
c. Dependent care reimbursement.
The City shall provide a summary of IRS rules on flexible spending limits during each open enrollment to both the employees and the Council.
9.8 RETIREES OR SURVIVOR DEPENDENTS
Eligible City retirees or survivor dependents shall receive City -paid retiree insurance contributions for medical, dental, and vision insurance benefits under the following provisions:
a. Retiree Health Insurance Contribution Rates and Dental and Vision Insurance Benefits
The maximum City contribution towards the purchase of medical, dental, or vision insurance for retirees is $300 .00 per month for the retiree. A retiree with one (1) or more dependent(s) enrolled on the retiree’s medical plan shall receive an additional sixty-five dollars ($65.00) per month, for a total maximum monthly contribution of $365 .00. Retirees shall not receive any unused portion of the City contribution as cash.
b. Employees Retiring on or After July 1, 1992
(1) Except as provided below, to be eligible for the City retiree insurance contribution, the employee must retire from active service with a minimum of ten (10) full years of City service for a service or ordinary disability retirement, and be minimum age fifty (50).
(2) Employees retiring with thirty (30) or more years of City service shall be eligible for the City's retiree insurance contribution and dental and vision benefits effective with the date of retirement without regard to age.
(3) The City's retiree insurance contribution shall be as follows:
• Employees with a minimum ten (10) full years of City service but less than fifteen (15) full years of City service shall be eligible to a maximum of fifty percent (50%) of the City's maximum health insurance contribution identified in subsection
9.8(a) above.
• Employees with a minimum of fifteen (15) or more full years of City service, but less than twenty (20) full years of City service shall be eligible to receive up to seventy-five percent (75%) of
17 the City’s maximum health insurance contribution identified in subsection 9.8(a) above.
• Employees with a minimum of twenty (20) full years of City service shall be eligible for up to one hundred percent (100%) of the City's maximum health insurance contribution identified in subsection 9.8(a) above.
(4) There shall be no City -paid retiree insurance contribution or dental and vision benefits for retirees with less than ten (10) full years of City service.
(5) An employee who does not retire from the Sacramento City Employee Retirement System (SCERS) or the California Public Employee Retirement System (CalPERS) within one-hundred twenty (120) days from the date of separation from City service shall not be eligible for the City’s retiree insurance contribution and may not enroll in a City medical, dental, or vision plan.
c. Retiree Insurance Contribution for Persons in Deferred Retirement Status as of January 1, 1991
Employees who have elected a deferred retirement prior to January 1, 1991, and who then elect to retire on or after July 1, 1992, and before December 23, 2017, shall be eligible for the City's health insurance contribution and dental and vision benefits as follows:
(1) A retiree with at least ten (10) full years of City service shall be eligible for fifty percent (50%) of the City's retiree insurance contribution as identified in subsection 9.8(a) above.
(2) A retiree with twenty (20) full years or more of City service shall be eligible for one hundred percent (100%) of the City's retiree insurance contribution as identified in subsection 9.8(a) above. (3) Retirees must be at least 50 years of age.
(4) There is no eligibility to such health insurance contribution or dental and vision benefits for retirees with less than ten (10) full years of City service or who have not attained the age minimum specified in subsection 9.8(b)(1) above.
d. Pre-Medicare Eligible Retirees
Pre-Medicare retirees who are not eligible for Medicare benefits may elect to participate in a City -Sponsored medical plan or purchase an individual medical plan. A retiree who elects to purchase an individual medical plan not sponsored by the City shall only be eligible to enroll in a Cit y medical
18 plan if the retiree enrolls with an effective date of coverage which is within two (2) years from the date their prior City medical coverage terminated. e. Medicare Retirees
In order to maintain eligibility for the City retiree health insurance contribution, each eligible retiree and eligible dependent(s) shall enroll in Medicare Parts A and B immediately after becoming eligible for such benefits. Medicare retirees may elect t o participate in a City -sponsored Medicare medical plan or purchase an individual Medicare medical plan.
Medicare retirees who have enrolled in Parts A and B after becoming eligible for such benefits may elect to participate in a City -sponsored Medicare medical plan without restriction to the amount of time the retiree has waived a City -sponsored medical plan. Medicare retirees may only enroll on their City -sponsored Medicare medical plan a Medicare eligible dependent(s) who has enrolled in Parts A and B.
Medicare retirees who are eligible for Medicare Parts A and B and who elect to purchase an individual medical plan shall only be reimbursed the cost of individual premiums associated with a Medicare Advantage, Medicare Supplemental, and/or Medicare Prescri ption Drug plan up to their eligible City contribution.
f. Retiree Insurance Contribution Exclusion
Retirees who participate in another group medical plan as an employee or dependent spouse shall not be eligible for the City contribution as provided in subsection 9.8(a), above.
g. Industrial Disability or Death in Line of Duty Survivors Retirees who receive industrial disability pensions or death in -line-of-duty survivors shall be entitled to one hundred percent (100%) of the City -paid health insurance contribution and dental and vision benefits for retirees regardless of years of service.
h. Survivor Dependents Benefits
Survivor dependents of eligible retirees shall continue to receive the retiree insurance contribution of up to $300.00 for the survivor only or up to $365.00 for the survivor and eligible dependent.
Eligible dependent as used in this Section, is defined as a dependent who was eligible to be enrolled on the retiree’s benefit plan at the time of the retiree’s death.
19 i. Medicare Supplement
In order to maintain eligibility for the City -paid retiree health insurance contribution, each eligible retiree and dependent shall enroll in Medicare Parts A and B immediately after becoming eligible for such benefits. j. Limitation Clause
No employee or retiree shall have any rights provided by this Section 9.8 (Retirees or Survivor Dependents) after July 11, 2025.
k. Elimination of Retirees or Survivor Dependents Benefits for Employees Hired After June 30, 2013
(1) No employee hired, rehired, or reemployed on or after June 30, 2013, shall be eligible for any benefits provided by this Section. Employees transferring to classifications in the Building Trades and Craf t Unit after June 30, 2013, shall be ineligible for any benefits provided by this section, unless the transferring employee was eligible for retiree or survivor dependent benefits at the time of transfer. (2) Employees being recalled from layoff, reinstated consistent with Rules and Regulations of the Civil Service Board , Rule 10.6, or transferring to classifications in the Building Trades and Craft Unit after June 30, 2013, shall be eligible for any benefits provided by this Section only if the employee was eligible for retiree or survivor dependent benefits at the time of layoff, reinstatement, or transfer. l. Resuming Retiree or Survivor Dependents Benefits for Eligible Personnel Who Unretire from City Service and Subsequently Re -Retire from City Service On/After January 9, 2024
Individuals retired from classifications represented by the Council who are eligible for retiree or survivor dependents benefits under Section 9.8 shall have these benefits suspended if they elect to unretire and return to active employment with the City of Sacramento.
Notwithstanding Section 9.8(k), upon re -retirement from a classification represented by the Council, retirees who were eligible for retiree or survivor dependents benefits under Section 9.8 at the time of their first retirement, shall receive the City contribution to which they were entitled upon their original retirement date. Years of service during the employee’s return to active employment will not be used to determine any employee’s entitlement to the City’s retiree insurance contribution under Section 9.8.
Example: An employee retires from a classification represented by the Council with fifteen (15) years of City service. The employee is eligible for 75% of the City’s retiree insurance contribution.
The individual unretires and works in a Council represented
20 classification for another ten (10) years. When the employee re-retires, the employee is only eligible for the fifteen (15) year contribution amount, irrespective of any additional years of service worked for the City.
ARTICLE 10 – HOURS OF WORK
10.1 WORKDAY, WORKWEEK
a. The workweek for employees covered by this Agreement shall begin at 12:01 a.m. Saturday, and end at 12:00 midnight the following Friday. The employees' workweek shall consist of forty (40) working hours during such seven (7) day period. This paragraph shall not apply to non -career employees.
b. The City may establish a workweek schedule consisting of forty (40) hours in increments of four (4) ten (10) hour workdays or five (5) eight (8) hour workdays, or a 9-80 workweek schedule consisting of four (4) nine (9) hour workdays, four (4) nine (9) hour workdays, and one (1) eight (8) hour workday during an eighty (80) hour bi -weekly period. The City agrees to discuss with the Council thirty (30) days in advance of implementation of the four (4) ten (10) workweek or 9-80 workweek schedule. Every effort will be made to schedule such workdays consecutively and avoid back-to-back workweeks, unless a separate written workweek agreement is entered into by the City and the Council.
c. All employees covered by this Agreement shall be allowed a lunch period of not less than thirty (30) minutes nor more than one (1) hour which may be scheduled generally in the middle of the workshift. If an employee is required to work during their lunch period, and if no alternate lunch period is taken, at the approval of the employee's supervisor said time shall be compensated at the applicable overtime rate if the hours worked exceed that of their scheduled workshift. This paragraph does not apply to non - career employees.
d. Employees shall be given at least five (5) workdays' notice prior to a permanent change in their scheduled hours of work. The notice requirement shall not apply to emergency assignments or changes as a result of absences by other employees. If an employee's shift or days off are changed without the above notification, they shall be paid the overtime rate for all hours worked on the first day of the new shift. This paragraph applies only to those non -career (+1,040) employees who have a permanent shift schedule. This paragraph does not apply to employees in the classifications of Stagehand I and II.
21 10.2 REST PERIODS
a. Each employee covered by this Agreement will be afforded rest periods.
These rest periods will be as currently administered by their respective departments.
b. The length of the rest periods will be fifteen (15) minutes during the first half of an employee's workshift, and fifteen (15) minutes during the last half of an employee's workshift, unless the City and Council agree otherwise in writing. Non-career employees shall be entitled to a fifteen (15) minute rest period during every four (4) hours of scheduled work.
c. The City shall notify employees or post in each work location a policy statement regarding when rest periods shall be taken. In the event it is deemed necessary to change an established rest period within a work organization, notification will be given to the Council prior to implementing such change.
10.3 VOLUNTARY WORK FURLOUGH PROGRAM
Pursuant to the Furlough/Reduced Work Week Policy, the City may establish for full-time career employees a voluntary work furlough/reduced work week consisting of a full day of unpaid leave on a variable schedule or a work schedule which is modified on a r egular fixed basis to less than forty (40) hours per week.
Employees shall apply for participation in the program pursuant to the conditions set forth in the rules and procedures governing this Citywide Program.
ARTICLE 11 – OVERTIME/COMPENSATING TIME OFF
11.1 OVERTIME/COMPENSATING TIME OFF (CTO)
a. Employees who are required to work in excess of their regularly schedule shift, which is forty (40) hours per workweek, shall be compensated for such work time at one and one-half (1.5) times their regular rate of pay. For the purpose of calculating overtime eligibility, all paid time shall count as time worked with the exception of sick leave.
Example #1: When an employee uses any paid leave (e.g., vacation, CTO, etc.) except sick leave, and the number of hours of leave and regular time add up to more than the employee's regular number of hours in a work week, they earn overtime at one and one-half (1.5) times their regular rate of pay for all hours worked over their regular schedule for the work week.
Example #2: When an employee uses paid sick leave, they earn overtime when they have a total of regular and non -sick leave time in an amount in excess of their regular schedule for the work week. Only those hours of regular and non -sick leave time in
22 excess of their regular work schedule are paid at one and one- half (1.5) times the employee’s regular rate of pay.
b. Part time employees or employees who are regularly scheduled to work fewer than forty (40) hours per workweek, are eligible for overtime compensation at one and one-half (1.5) times their regular rate of pay when they work in excess of forty (40) hours in a workweek. With the exception of sick leave, all paid time shall count as time worked for the purposes of calculating overtime eligibility.
c. Overtime compensation shall be paid by cash payment. In lieu of cash payment, Compensating Time Off (CTO) may be earned by mutual agreement between the employee and the Department Head or designee.
Considering the request of the employee, the determination of additional pay or time off for overtime compensation shall be made by the Department Head or designee.
d. Both the cash payment and the CTO shall be computed at the rate of time and one-half (1.5) the number of overtime hours worked. The scheduling or CTO use must be approved in advance by the employee's Department Head or designee.
e. Employees may accrue up to one hundred and sixty (160) hours of CTO.
The City may cash out CTO hours accumulated in excess of eighty (80) hours at any time provided that the use of such time off has not been previously approved.
f. In the event an employee transfers or is promoted to another division or department, CTO will be paid to the employee in the next full paycheck following the date of transfer or promotion.
ARTICLE 12 – SPECIAL ALLOWANCES
12.1 TOOL ALLOWANCE
The following classifications will be paid a thirty-five dollar ($35.00) per month tool allowance: Generator Technician, Senior Generator Technician, Supervising Generator Technician, Blacksmith Welder, Machinist, Machinist Supervisor, Electrician (Department of Utilities only), Senior Electrician (Department of Utilities only), and Electrician Supervisor (Department of Utilities only).
The tool allowance will be paid the first two paydays in a calendar month at $17.50 per payday for a total of $35.00 monthly.
12.2 TOOL INSURANCE
a. The City agrees to provide employees in the classifications of Generator Technician, Senior Generator Technician, Supervising Generator
23 Technician, Blacksmith Welder, Machinist, Machinist Supervisor, Electrician (Department of Utilities only), Senior Electrician (Department of Utilities only), and Electrician Supervisor (Department of Utilities only) insurance on the employee’s tools against loss by fire or burglary where there is evidence of forced entry into the shop building (but not for by mysterious disappearance). Tool reimbursement shall be administered as follows:
(1) The supervisor will review the complement of tools and tool inventory kept by an employee in the workplace; the supervisor will notify the employee of tools which are deemed not necessary for the performance of the job; and such tools shall be removed from the workplace.
(2) The employee shall be responsible for providing the supervisor with a current inventory of tools at all times, and no less than once a year.
The most recent inventory of tools, reviewed and approved by the supervisor, shall be deemed accurate and complete for purposes of determining the value of a covered loss. The City shall not be liable for any tool(s) not contained in said inventory.
(3) In the event of a covered loss, when the conditions of (1) and (2) above are met, the City shall be responsible for the actual value of all tools on the authorized inventory, less the deductible of fifty dollars ($50).
(4) In the absence of an authorized tool inventory within the current year, or the failure to meet the conditions of (1) and (2) above, the City's insurance liability shall be limited to the actual value of the tools lost, or seven thousand five hundred dollars ($7,500), whichever is less. (5) It is understood that tool boxes shall be included in the coverage under this Section. Insurance reimbursement shall not be authorized in any event if a full and complete police report is not made regarding loss of tools under this Section. The Council specifically waives the provisions of Labor Code Section 2802, if applicable, as to such tool losses by the terms of this Agreement, and shall not endorse, support or finance a claim by any member of the Council for reimbursement in excess of the limits identified herein.
(6) A complete police report is made regarding the loss. b. Employees who are assigned temporary work in a higher classification pursuant to Section 8.6 of the Agreement are eligible for tool reimbursement under this Agreement if they meet all of the requirements the same as if they were appointed to the classification.
24 c. The City shall waive the fifty dollar ($50.00) deductible when an employee’s tools are stolen from a tool box attached to a City vehicle provided:
(1) The tools are identified with the employees last or first name, and (2) The employee completes and signs the City’s incident/loss report form.
12.3 PNEUMATIC AND BATTERY TOOL REPAIR
a. The City will repair employee-owned pneumatic and battery powered tools, including battery replacement, which are used in their regular City service.
Employees wishing to take advantage of this policy must include their tools on their tool inventory and must register their tools with the Shop Supervisor and receive supervisor approval to enter their tool into the program. If it is determined during the course of repair that the repair cost exceeds seventy percent (70%) of the current replacement cost, inclu ding sales tax, the employee would be required to procure a new tool. The City shall reimburse the employee for the cost of the new tool, or battery at seventy percent (70%) of the current replacement cost, including sales tax, or the cost of repair of the old tool, whichever is less.
b. Employees wishing to remove one of these tools from the City premises will be required to obtain prior approval from their Shop Supervisor. A re- inspection will be performed when the tool is brought back and re -entered into the tool repair program.
c. The City will not be responsible for pneumatic tools, battery powered tools, or batteries which are abused, misused, or destroyed while under the above-mentioned program.
12.4 ON-CALL PAY
a. An employee who is required to remain on call for emergency work shall be paid $ 280 per week, or the daily pro rata rate $40, in addition to the employee’s regular compensation. Employees who are called out while on standby shall receive two (2) hours minimum pay , or actual hours worked, whichever is greater, at one and one-half (1.5) times the employee’s regular rate of pay.
b. Effective January 13, 2024, an employee who is required to remain on call for emergency work shall be paid $315 per week, or the daily pro rata rate $45, in addition to the employee’s regular compensation. Employees who are called out while on standby shall receive two (2) hours minimum pay, or actual hours worked, whichever is greater, at one and one -half (1.5) times the employee’s regular rate of pay.
c. Employees who are assigned as a rain patrol standby crew list members and who accept and respond to the emergency work shall receive the daily
25 prorated standby rate for responding to work. Employees who respond to work shall receive a minimum of two (2) hours pay, or actual hours worked, whichever is greater at the rate of one and one half (1.5) times the employee’s regular rate of pay . The employee shall be required to be available and ready to work for the remainder of the regularly assigned standby period, which normally ends just prior to the regular work hours, following acceptance of work.
d. With the exception of sick leave, employees may use any type of authorized leave, including, but not limited to, vacation; CTO; holiday credit; etc., during their standby assignment so long as they remain available for their standby assignment. An employee utilizing sick leave who is unable to work due to a personal illness, shall not receive standby pay for the day(s) out sick.
Employees who fall ill after hours while they are on standby, shall notify the Standby Supervisor who will find a replacement for the day(s) the employee is out sick. The standby assignment may resume when the employee returns to work.
e. Employees who are on standby assignment on New Year's Day, Christmas Day, Thanksgiving Day or the 4th of July shall receive twelve (12) hours holiday credit.
f. If an employee is assigned to standby and receives telephone contacts and engages in problem resolution which totals in excess of fifteen (15) minutes, the employee shall receive the two -hour minimum call -out pay, or actual time worked, whichever is greater.
12.5 CALL-BACK PAY
An employee not on standby assignment who has completed their regular shift and has left City premises and is called back to work, shall receive a minimum of two (2) hours pay at the overtime rate of time and one-half.
12.6 NIGHT-SHIFT PREMIUM PAY
a. Career and non-career (+1,040) employees covered by this Agreement who work five-eighths (5/8) or more of their regular shift in the period extending from 6:00 p.m. to 6:00 a.m., shall be compensated therefore, by payment for the entire shift of an additio nal five percent (5%) of their base pay for that shift. Said employees who work less than five -eighths (5/8) of their regular workshift in the period extending from 6:00 p.m. to 6:00 a.m., shall be compensated for those hours worked (to the nearest one -half hour) within this period by payment of an additional five percent (5%) of their base pay for such hours.
b. An employee shall not receive night-shift premium pay when on vacation or other authorized leave of absence with pay.
26 12.7 TUITION REIMBURSEMENT
The City agrees to reimburse career employees for the cost of tuition, books, and fees, excluding parking, up to a maximum of $1,500.00 per calendar year pursuant to the City's existing policy for such education reimbursement. This provision shall not apply to employees eligible for an educational incentive program.
In addition, the Department may authorize tuition reimbursement for training through other approved sources.
12.8 REQUIRED LICENSES AND CERTIFICATIONS
Where the City requires that employees maintain licenses and/or certifications, the Department Head or designee shall consider, on a classification -by-classification basis, reimbursing employees for costs associated with the renewal of such licenses and/or certifications. This Section shall not apply to driver licenses.
12.9 CONTINUING EDUCATION
When the City requires that an employee maintain a license or certificate which mandates continuing education units (CEUs) to maintain the license or certificate, the employee shall be responsible for obtaining the CEUs. Where feasible, the City will provide the needed CEUs on-duty for employees.
When the City provides such training, CEU credit not received through the City shall be the responsibility of the employee. When the City does not provide required CEU training, the employee may request that the department approve and pay for the training and allow the employee to attend on City time. Such request shall not be unreasonably denied.
12.10 CERTIFICATE INCENTIVES
Incentive certificate pay shall be paid to eligible employees in the Unit. a. An eligible employee is an employee who is required to possess and maintain a current state required license or certificate above the minimum requirements required by the City for performing duties and responsibilities.
Incentive pay shall not apply to driver’s license.
b. Where the City requires that employees maintain licenses and/or certificates, the Department Head or designee shall consider, on a classification-by-classification basis, reimbursing employees for costs associated with the renewal of such licenses and/or certifications. c. The incentive pay shall be paid at the flat dollar amount of thirty dollars ($30.00) per month for each required current license or certificate.
27 d. Crane Certification
Employees in the classifications of Machinist Helper, Machinist, Generator Technician, Senior Generator Technician, and Supervising Generator Technician will receive a five percent (5%) incentive for hours actually worked operating a crane which requires a State of California certification.
The employee must maintain and provide a valid copy of their Crane certificate to the department within thirty (30) calendar days of obtaining their certificate in order to begin receiving the incentive.
The Department Head or designee will develop a rotation to assist employees with a crane certification in achieving their one thousand (1,000) hours of crane operation in accordance with State regulations.
The City will determine based on the Department’s operational need the number of employees desired to receive a State of California Crane certification, the vendor and/or provider who will provide the training and the cost associated with an employee obtaining this certification. e. Electrician Certification
Employees in the classification of Electrician, Electrician Lineworker, Senior Electrician, Electrician Supervisor, Generator Technician, Senior Generator Technician, and Supervising Generator Technician will receive a one hundred twenty-five dollar ($125.00) per month incentive for maintaining a valid State of California Electrician certification. The employee must provide a valid copy of their Electrician certification to the Department within thirty (30) calendar days of receiving their certification in order to begin receiving the incentive.
The City will pay the cost of certification for an employee to receive the State Electrician certification.
f. Water Treatment Grade 2 Certification
Employees in the Department of Utilities in the classifications of Machinist, Machinist Helper, and Electrician will receive a one hundred twenty -five ($125.00) dollar per month incentive for maintaining a valid Water Treatment Grade 2 (T -2 water) certific ation. The employee must maintain and provide a valid copy of their T -2 water certification to the Department within thirty (30) calendar days of receiving the certification in order to begin receiving the incentive.
The City will pay the cost of certification for an employee to rece ive a T-2 water certification.
28 12.11 TECHNOLOGY ALLOWANCE
a. Supervisors in the classifications of Electrician Supervisor, HVAC Supervisor, Machinist Supervisor, Mechanical Maintenance Supervisor, Plumbing Supervisor, Structural Maintenance Supervisor, and Supervising Generator Technician will receive a monthly technology allowance of one hundred dollars ($100).
b. Employees in the classification of Electrician, Senior Electrician, Electrical Design Technician, Machinist, Machinist Helper, Generator Technician, and Senior Generator Technician who are required to work standby and conduct City-related business will receive a monthly technology allowance of fifty dollars ($50).
c. Use of City -provided cellular telephones shall be discontinued upon receipt of the technology allowance by the employee.
d. Upon approval of the monthly technology allowance the employee shall provide and maintain a personal cellular phone and service that is available to conduct City -related business. The employee and/or the City shall provide the cellular telephone number to designated individuals and organizations with whom the employee normally conducts City -related business. In addition, the employee shall adhere to the City’s records retention policy.
ARTICLE 13 – STAGEHANDS
This provision shall be applicable only to employees in the classification of Stagehand I and Stagehand II.
13.1 SHIFT CHANGES
If an employee's shift is changed more than three (3) times in one (1) calendar month the employee shall receive overtime at one and one -half (1.5) times their regular rate of pay for all hours worked on the fourth and subsequent rescheduled shifts during that one-month period. Provided, however, that the shift change is for four (4) or more hours and the change is at the request of the City.
29 ARTICLE 14 – LEAVES
14.1 HOLIDAYS
a. The following shall be the recognized holidays for all employees covered under this Agreement:
Holiday Date
New Year's Day January 1
Martin Luther King's Birthday Third Monday in January
Washington's Birthday Third Monday in February
Cesar Chavez's Birthday March 31
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Day Friday after Thanksgiving
Christmas Eve (4 hours) December 24
Christmas Day December 25
New Year's Eve (4 hours) December 31
b. An employee who is scheduled to work on a holiday shall receive holiday pay plus time and one-half (1.5) compensation for working the holiday. c. Eligibility
(1) To be eligible for holiday pay, the employee shall work the scheduled workday before and after the recognized holiday. Paid time off shall be considered hours worked for the purpose of holiday pay eligibility.
An employee absent due to a disciplinary suspension shall not be considered to have missed a scheduled workday for the purpose of holiday pay eligibility.
(2) A part -time career employee, including an employee in a work sharing program, or non-career (+1,040) employee shall receive the recognized holiday benefit based upon the number of hours the employee was paid in that workweek as follows:
Number of
Recognized Holidays
In the Workweek
Minimum Number of Paid
Hours in the Workweek
50% Benefit 100% Benefit
0.5 18 28.8
1.0 16 25.6
1.5 14 22.4
2.0 12 19.2
30 An employee paid for less than the minimum number of hours required for the fifty percent (50%) benefit shall receive no recognized holiday benefit.
(3) Non-career (-1,040) employees shall not receive recognized holiday benefits.
d. Monday-Friday Schedule
If an employee's scheduled days off are Saturday and Sunday during a standard City workweek in which a recognized holiday falls, the following shall apply:
(1) If the recognized holiday falls on a Saturday, the preceding Friday shall be considered the employee's holiday.
(2) If the recognized holiday falls on a Sunday, the following Monday shall be considered the employee's holiday.
e. Weekend Schedule
If an employee's scheduled days off are other than Saturday and Sunday during the standard City workweek in which a recognized holiday falls, the following shall apply:
(1) The actual dates as listed above shall be considered the employee's holiday.
(2) If the recognized holiday falls on the employee's scheduled day off, the employee shall accrue holiday credit for the hours of the holiday benefit.
f. Holiday Credit Accumulation
Employees may accumulate holiday credit up to a maximum of eighty (80) hours. All accrued holiday time in excess of eighty (80) hours in any bi - weekly pay period shall be paid to the employee at the straight-time hourly rate. Holiday credit may be taken by the employee at the discretion of the Department Head. Employees may use up to forty (40) hours of holiday accrual in conjunction with a scheduled vacation with the approval of the Department Head.
g. Floating Holidays
(1) Accrual
In addition to the recognized holidays specified above, employees shall receive the equivalent of two (2) floating holidays per calendar year accrued as follows:
31 (a) Full-time career employees shall accrue forty (40) minutes of floating holiday on each of the first two (2) paychecks each month, as long as the employee is in paid status for forty (40) or more hours on the paycheck that the accrual would occur. (b) A part-time career employee, including an employee in a work sharing program or a non -career (+1,040) employee shall accrue floating holiday credit based upon the number of hours for which the employee was paid in that bi-weekly pay period:
64 or more hours paid = 100% accrual; 40-63.9 hours paid = 50% accrual; less than 40 hours paid = 0% accrual.
(2) Administration
(a) The scheduling of floating holiday time must be approved in advance by the appointing authority or designated
representative.
(b) An employee may carry over from the preceding calendar year a maximum of eight (8) hours of floating holiday. All floating hours accrued and not used in excess of eight (8) hours shall be paid to the employee at the employee’s
straight-time hourly rate of pay on the final paycheck of the calendar year in which it was earned.
(c) An employee separating from City employment for any reason shall be paid for all accrued floating holiday time at the straight-time hourly rate of pay.
14.2 VACATION
a. Vacation Leave Accrual
(1) Employees with less than five (5) full years of service shall earn eighty (80) hours of vacation each year which shall accrue at three (3) hours, twenty (20) minutes on each of the first two (2) paychecks of each month.
(2) Employees with more than five (5) full years of service and less than fifteen (15) full years of service shall earn one hundred twenty (120) hours of vacation each year which shall accrue at five (5) hours on each of the first two (2) paychecks each month.
(3) Employees with more than fifteen (15) full years of service shall earn one hundred sixty (160) hours of vacation each year which shall accrue at six (6) hours, forty (40) minutes on each of the first two (2) paychecks each month.
32 (4) Continuous career service shall be used to determine the vacation accrual date used in determining the above accrual rates. (5) An employee’s maximum accrual of vacation shall not exceed four hundred and eighty (480) hours. Accrual shall be suspended until the balance is brough below the maximum accrual amount. Accrual will resume on the applicable paycheck following the paycheck in which the balance is brought down.
(6) Employees who are eligible to receive a cash payment in -lieu of vacation leave, as provided for in Article 8 Section 107(d) of the Sacramento City Charter, may make an irrevocable election to receive such payment by foregoing the same number of vacation hours in the calendar year following the election. Notification of the election must be made to the Payroll Division, Department of Finance, in writing by November 30 . The in -lieu payment will be made to the employee on the last paycheck in March of the calendar year following the election. Payment shall be made at the straight - time hourly rate of pay the employee is receiving at the time the payment is made. If the employee electing the in -lieu payment separates from City employment for any purpose before receiving the in -lieu payment, the employee forfeits any right to receive the payment, but will instead have their vacation leave balances credited with the amount of hours that would have been accrued from January 1 to the last day of employment.
b. Integration of Vacation With Workers’ Compensation
Where a career employee sustains an injury covered by workers' compensation and has utilized all of the one year "injury -on-duty time" as provided under City Charter Section 253, or former City Charter Section 167, as the case may be, and consequently is r eceiving straight workers' compensation temporary disability payments, the employee will be allowed to utilize (while off work) accrued vacation time in partial day increments in addition to receiving workers' compensation temporary disability payments with the total aggregate payment of temporary disability and vacation pay shall not exceed on hundred percent (100%) of the employee’s regular rate of pay. As a condition of so using such accrued vacation, however, the employee is required to continuously utilize accrued vacation until accrued vacation is exhausted or they return to work. This provision also applies to any accrued leave with the exception as noted in 14.3, Sick Leave.
14.3 SICK LEAVE
a. Accrual and Usage
(1) A full-time employee shall accrue sick leave at the rate of four (4) hours on each of the first two (2) paychecks each month which may
33 be used at the discretion of the employee in the event of illness or injury which is not job -related. In accordance with the Rules and Regulations of the Civil Service Board, one -third (1/3) of the employee’s accrued sick leave may be used after exhaustion of injury-on-duty time; however, the combination of temporary disability payments and sick leave pay shall not exceed on hundred percent (100%) of the employee’s regular rate of pay . Such usage shall not exceed the maximum amount of the employee's accumul ation. A part-time career or non -career (+1,040) employee shall earn sick leave on a pro rata basis.
(2) Employees who have at least four hundred and eighty (480) hours of sick leave on the last day of the pay period ending on or before November 1 in any calendar year, may make an irrevocable election to forgo the accrual of not more than twenty -four (24) hours of sick leave during the following calendar year and receive instead, a cash payment for the number of sick leave hours designate d in the election.
Notification of the irrevocable election must be made in writing to the Payroll Division, Department of Finance, between November 1 and November 30. The payment will be made on the last paycheck in May of the calendar year following the irrevocable election. Payment shall be made at the hourly rate of pay the employee is receiving at the time payment is made.
If the employee electing the payment is separated from City employment before receiving the payment, the employee forfeits any right to receiv e the payment, but will instead have their sick leave balances credited with the sick leave hours the employee would have accrued from January 1 following the date of election to the last day of employment.
b. Sick Leave Cash-Out/Conversion To PERS Service Credit (1) PERS
(a) PERS members hired prior to January 1, 2005, with more than twenty (20) years of City service, shall be eligible to cash out sick leave and/or convert sick leave to PERS service credit as follows:
(i) Eligible employees may receive payment for thirty - three and one-third percent (33-1/3%) of the total sick leave credits accumulated (to the nearest full day) by
the employee on the date of their retirement,
resignation, or layoff.
34 (ii) Eligible employees with an effective retirement date from PERS within one hundred twenty (120) calendar
days from their separation from City service may also
convert any or all of their total sick leave credits
accrued, less any payment received pursuant to
subparagraph (i), above, to PERS service credit as of
the date of their retirement consistent with and
pursuant to the PERS contract with the City , as
amended.
(iii) Individuals identified pursuant to California
Government Code Section 53245 as being the person
designated on the employee’s “Designation of Person
Authorized to Receive Warrants” form, or in the
absence of an identified person pursuant to California
Government Code Section 53245, persons entitled by
law to the possession of the estate of a deceased
employee who was eligible to cash out sick leave
credits pursuant to subparagraph (i), above, may
receive payment for thirty -three and one -third percent (33-1/3%) of the total sick leave credits accumulated
(to the nearest full day) by the employee on the date of the employee’s death.
(b) Employees hired, rehired, or reemployed on or after January 1, 2005 , shall not be eligible for payment of any portion of accumulated sick leave credits upon retirement, resignation, or layoff regardless of their years of service. However, employees hired, rehired, or reemployed on or after January 1, 2005, may convert the ir remaining sick leave balance to service credit consistent with law and pursuant to the PERS contract with the City upon separation of employment for retirement.
(c) No employee whose services are separated by reason of discharge for cause shall be eligible for payment of any portion of accumulated sick leave credits.
(2) SCERS
(a) Upon separation of an employee eligible to accumulate sick leave credits for reasons of retirement, resignation and/or layoff after service for a period of not less than two (2) years , or death, such employee (or those entitled by law to the possession of the estate of a deceased employee) shall
receive payment for thirty -three and one -third percent (33 - 1/3%) of the total sick leave credits accumulated (to the
35 nearest full day) by the employee on the date of such retirement, resignation, layoff, or death.
(b) No employee whose services are terminated by reason of discharge for cause, or by reason of resignation or layoff prior to the completion of two (2) years of service, shall be eligible for payment of any portion of accumulated sick leave credits. c. Reinstatement of Sick Leave After Return From Layoff An employee who is laid off and receives payment for thirty-three and one- third percent (33-1/3%) of their total accumulated sick leave credits shall be credited with the remaining sixty -six and two -thirds percent (66 -2/3%) of their accumulated sick leave credits if and when said employee is recalled.
If said employee thereafter leaves City service after being recalled and is entitled to payment of their accumulated sick leave credits under this Section, said employee shall only receive payment for thirty-three and one- third percent (33-1/3%) of those sick leave credits which accrued after the date of recall.
d. Utilization of Sick Leave
Use of sick leave is governed by the Citywide Sick Leave Policy and the Rules and Regulations of the Civil Service Board, Rule 16 and Attachment A to the Rules and Regulations of the Civil Service Board. e. Sick Leave Credit Limitation
Except as provided herein, no payments made or sick leave credits accumulated shall be construed or deemed to constitute retirement benefits payable to employees of the City.
f. Administration of Sick Leave
The Citywide Sick Leave Policy and the Rules and Regulations of the Civil Service Board relating to the administration of sick leave privileges and benefits shall apply to all eligible employees.
14.4 PARENTAL LEAVE
a. The parental leave policy applies for both male and female employees with the following provisions:
(1) Full-time career employees shall be eligible for a maximum City-paid parental leave of four (4) weeks consisting of up to one hundred-sixty (160) hours of continuous paid time off. Part-time career employees shall be eligible for up to eighty (80) hours of continuous City -paid time off during the four (4) week parental leave. Unused parental
36 leave shall have no cash value. Non-career employees are not eligible for the four (4) weeks of City-paid parental leave. (2) To be eligible for the paid leave an employee must have completed at least three (3) years of City service from the most recent date of hire, preceding either (a) the birth of a child who resides with the employee and for whom the employee has legal custody, or (b) the adoption of a child under age four (4) who resides with the employee and for whom th e employee has physical and legal custody. Court- appointed legal guardians and foster parents do not qualify for parental leave.
(3) Eligible employees shall have the right to only one leave of absence per pregnancy or adoption regardless of the number of children involved (e.g., twins). The duration of City -paid leave shall not change based on a change in employment status, such as from part- time to full-time career.
(4) Upon return from parental leave on the date previously authorized, employees shall be reinstated in the former Department and in the classification last held.
(5) Eligible employees shall have the right to extend parental leave beyond the four (4) weeks of City-paid leave to the maximum six (6) months of leave by adding accrued and available hours of sick leave, vacation, compensatory time off (CTO), accrued holiday , and/or unpaid leave to their initial request for parental leave. The total period of absence from work, including the four (4) weeks of paid parental leave, shall not exceed six (6) months.
(6) Paid parental leave shall be considered as time worked for purposes of eligibility for recognized holidays occurring during the leave. b. The City shall have the right to promulgate a policy and procedure to implement and administer parental leave.
14.5 CATASTROPHIC LEAVE PLAN
a. A benefit -qualified employee may donate to or receive from an unrepresented employee, or a represented employee whose bargaining agreement provides for such donation or receipt, usable vacation, floating holiday, management leave, or compensating time off hours. Participation in this plan shall be voluntary. Sick leave may not be donated under this plan.
b. All donations shall be made and accepted in writing using City -provided forms or electronically through the City’s payroll system.
37 c. The donation in any category must be a minimum of eight (8) hours of usable time.
d. Donations shall be on an hour-for-hour basis, regardless of the pay rates of the donor and recipient, except hours transferred between employees on the Fire Suppression (56 hours) schedule and the non-Fire Suppression (40 hours) schedule shall be adjusted by a factor of 1.4 to 1. e. Hours to be donated shall be kept in a pledge status until used. As needed, pledged hours shall be debited from the donor's leave balance and credited to the recipient's usable vacation accrual balance. Once credited, the donation becomes irrevocable. A donor terminating for any reason shall be paid for pledged but unused leave time.
f. Management employees may only receive donations from management employees. A non-management employee may not receive donations from a subordinate employee where a direct supervisor/subordinate relationship exists. Any exception to this paragraph must be approved by the City Manager or designee.
g. To be eligible to use donations, an employee must:
(1) be incapacitated and unable to work due to a prolonged catastrophic non-industrial illness or injury which is estimated to last for at least thirty (30) calendar days;
(2) have exhausted all usable balances, including sick leave; (3) be on an approved leave of absence.
h. All donated hours must be used on a continuous and uninterrupted basis and will be paid at the rate of pay and normal work schedule of the recipient, along with all usable hours accrued, until the earliest of the following events occurs:
(1) All leave balances, including both donated and accrued leave, are exhausted; or
(2) The employee returns to work at their normal work schedule; or (3) The employee's employment terminates.
i. Donations received while a recipient is still utilizing previously donated and related accrued leave time may be used immediately thereafter. Hours donated subsequent to exhausting all donated hours shall be accumulated and utilized along with related accrued leave hours in amounts equal to the recipient's normal bi-weekly work hours.
38 j. Used donated leave time shall count toward the application of City service and benefits in the same manner as when the employee is on paid vacation leave.
k. Used donated leave time shall be subject to the recipient's normal payroll deductions.
l. The City shall promulgate a policy and procedure to implement and administer catastrophic leave.
14.6 COURT LEAVE
a. When an employee is absent from work to testify in response to a subpoena issued by a court of competent jurisdiction in a non -work related matter to which the employee is not a party, or to serve on a jury or to report for jury duty examination, the employee shall be granted pay for those hours which the employee is absent for such reason. The City may require the employee to elect to be on telephone alert and remain on the job until such time as called to testify or serve jury duty. When an employee is required to be on telephone alert, the employee will cooperate with the court or jury commissioner and the City will be responsible to ensure that the employee is available. Pay for work time lost shall be computed at the employee's regular rate of pay at the time of such absence. The employee shall return all witness fees or jury remuneration received, less transportation allowance, to the City.
b. If a swing shift or graveyard shift employee has served in excess of one half of their scheduled shift in court or on jury duty, the employee will notify their supervisor in advance of the start time so they can be excused from the shift. If the employee is in court or on jury duty less than one half of the scheduled shift, they will be required to work.
c. In lieu of the shift after service on court leave, a graveyard shift employee may request to take off the shift prior to court leave provided that if the employee serves less than one half of the shift they will be required to use vacation or other leave accruals to cover the shift.
d. To receive pay for work time lost, an employee must provide the City with a statement signed by an official of the court certifying the employee's service as a juror or appearance in court for that purpose, the date or dates of attendance, the time released from attendance and the compensation paid exclusive of any transportation and subsistence allowance. e. When a non-career employee is regularly scheduled to work and is ordered to report to testify or for jury duty said employee shall be entitled to jury duty benefits in accordance with the above stated procedure.
39 14.7 PERSONAL TIME OFF (PTO)
a. Full-time career employees who have completed ten (10) full years of City service shall be credited with twenty -four (24) hours of personal time off (PTO). Part-time career employees shall be credited with a prorated amount of time based on their regular schedule. Eligible employees will receive this PTO each year on the paycheck representing the first full pay period that includes January 1.
b. Employees who separate service and who are subsequently reemployed, pursuant to Article 16.2(b)(5)(a), into a classification covered by this Agreement, will receive credit toward PTO eligibility for their previous years of City service upon successful completion of probation, on a go -forward basis. For purposes of determining eligibility to receive PTO, pursuant t o this paragraph, an employee must complete probation prior to January 1 of the calendar year in which it is provided.
c. Use of PTO shall not cause overtime.
d. PTO shall not accumulate from calendar year to calendar year and shall have no cash value. If an employee is unable to use all of the time by the end of the calendar year based on operational need, the department may approve carry-over to the next year. In all other cases, the time shall be forfeited.
14.8 SUPERVISORY PERSONAL TIME OFF
a. Full-time career employees in the classification of Machinist Supervisor shall be credited with twenty-four (24) hours of personal leave time on July 1 of each fiscal year. Employees appointed after July 1 shall be entitled to a pro rata share of the time based on the number of full months remaining in that fiscal year.
b. Personal time off shall not accumulate from year to year. If an employee is unable to use all of the time by the end of the fiscal year based on operational need, the department may approve carry-over to the next year.
In all other cases, the time shall be forfeited.
14.9 STATE DISABILITY INSURANCE (SDI)
a. Eligible career employees who file for SDI benefits in accordance with applicable State of California rules and procedures may integrate such SDI benefits with their own leave balances. Integration is where the SDI benefit and the monetary value of the employee’s leave balances combine to provide a bi-weekly adjusted net income which is equivalent to 100% of the employee’s regular net income so long as available leave balances and SDI eligibility permits. The regular net income is the employee’s gross incom e, less any required deductions such as taxes, retirement and SDI insurance
40 premiums, as well as any other mandatory deductions. Other employee- authorized deductions shall be deducted from the resultant net pay. b. Eligible career employees may integrate the following accrued City leave balances with SDI:
(1) Sick Leave
(2) Personal Leave
(3) Compensating Time Off (CTO)
(4) Holiday Leave
(5) Vacation Leave
c. Eligible part-time career employees shall be included in this program on a pro-rata basis.
14.10 BEREAVEMENT LEAVE
An employee may receive up to three (3) days of City-paid leave for bereavement based on the death of the employee ’s parent, sibling, child, grandchild or grandparent as defined herein. The employee may use sick leave as authorized by Civil Service Board Rule 16, Sick Leave, for additional time off or to attend to other death, bereavement or funeral needs.
14.11 PAID CITY LEAVE
a. Within ninety (90) calendar days of adoption by the City Council, employees who are employed in a classification represented by the Council and who are still active on payroll shall receive a one-time leave bank contribution of thirty-five (35) hours of Pa id City Leave. This Paid City Leave shall not expire, and shall have no cash value except as follows:
(1) Employees receiving Paid City Leave contributions described in Section 14.11(a) may make an irrevocable election to receive cash payment in lieu of using the leave. Notification of the election to receive this cash payment must be made to the Payroll Divis ion, Department of Finance, in writing by November 30, 2022. Employees making the irrevocable election shall receive the payment on the paycheck representing the first pay period following their election at the hourly rate of pay they are receiving at the time of payment, less ordinary payroll deductions.
(2) Upon separation from City service, employees with a balance of the Paid City Leave described in 14.11(a) shall receive payment for the Paid City Leave balance at the hourly rate of pay they are receiving at the time of the payment, less ordinary payroll deductions.
41 b. Employees who are employed in a classification represented by the Council on October 31, 2022, shall receive a one -time leave bank contribution of thirty-five (35) hours of Paid City Leave that will become available for use on the first paycheck in January 2023. This Paid City Leave shall not expire, and shall have no cash value except as follows:
(1) Employees receiving Paid City Leave contributions described in Section 14.11(b) may make an irrevocable election to receive a one- time cash payment by foregoing the thirty-five (35) hours of Paid City Leave in 2023. Notification of the election to receive this cash payment must be made to the Payroll Division, Department of Finance, in writing by November 30, 2022. This cash payment will be made to the employee on the last paycheck in March 2023. Payment shall be made at the hourly rate of pay the employee is receiving at the time of payment is made, less ordinary payroll deductions. If the employee making the irrevocable election separates from City employment for any reason prior to December 31, 2022, the employee forfeits both the right to receive the cash payment and the thirty-five (35) hours of leave.
(2) Upon separation from City service, employees with a balance of the Paid City Leave described in 14.11(b) shall receive a payment for the Paid City Leave balance at the hourly rate of pay they are receiving at the time of the payment, less ordinary payroll deductions.
ARTICLE 15 – SAFETY SHOES AND SAFETY GLASSES
15.1 SAFETY
The City is committed to and mandated by law to provide its employees with a safe working environment and understands its obligations to do so. The Council agrees that the City shall determine safety, health and property protection measures as required to meet its obligations under the law. The City will conduct safety training, meetings and inspections as mandated by law and operational needs. The City and employees acknowledge the responsibility of each to communicate safety concerns, safety hazards, prevention techniques and safety recommendations and ideas.
15.2 SAFETY SHOES
a. Where the City requires that safety shoes be worn by employees as a condition of employment, the City shall reimburse employees up to a n annual maximum of $400 .00, or up to a maximum of $500 .00 if a special order is required due to a medical need, for the cost of acceptable safety shoes, inserts, and/or repairs to safety shoes. These employees may purchase any brand of safety shoe from any outlet as long as such shoes meet the requirements of being an acceptable “safety shoe” as provided in
42 the City’s Protective Footwear Policy. The annual maximum may be used toward the purchase of a single pair or two (2) pair, as needed, at the same time. When an employee has purchased a pair of safety shoes, inserts, and/or repairs to safety shoes, which do not meet the annual maximum, the employee shall be allowed to use the remainder of the annual maximum for a future purchase in the same year. The City maintains the right to specify the type of required safety shoe.
b. Except as provided above, employees shall normally be authorized for a single pair of safety shoes. A second pair of safety shoes in the same fiscal year shall be approved if replacement is deemed necessary by the employee’s supervisor.
c. To be eligible for reimbursement or repair of safety shoes under this Section, the employee must obtain prior authorization from their supervisor before purchasing the required safety shoe and must submit the receipt to the supervisor to verify the purchase, substantiate the reimbursement, and remaining annual maximum, if any. Only safety shoes qualify for reimbursement or repair pursuant to this subsection.
d. Provisions in the City’s Protective Footwear Policy regarding authorized safety shoe vendors, vouchers, and invoices shall not apply to employees in classifications covered by this Agreement.
15.3 SAFETY GLASSES
a. It shall be mandatory for employees to wear safety glasses where such glasses are required to be worn by the City. The City shall provide non - prescription safety glasses for employees. Employees who wear prescription glasses shall wear protective eye wear provided by the City of prescription safety glasses.
b. The City will reimburse the employee for the purchase of prescription safety glasses up to a maximum cost of $150.00 per pair.
c. To be eligible for the above reimbursement, the employee must obtain prior authorization from their supervisor before purchasing the required safety glasses, and must submit the receipt to the supervisor to verify the cost and substantiate the reimbursement. The City maintains the right to specify the standards for non -prescription safety glasses. Further, prescription safety glasses shall conform in all respects to the U.S.A. Safety Standards for Head, Eye and Respiratory Protection, and the prescription s hall not be more than twenty-four (24) months old.
d. The cost of any eye examination and special or cosmetic frames shall be paid by the employee.
43 15.4 DAMAGE TO PRESCRIPTION SAFETY GLASSES
a. The City agrees to repair or replace prescription safety glasses damaged or destroyed while the employee is actively at work provided that the employee furnishes satisfactory proof to the City of such loss.
b. The prescription shall not be more than twenty -four (24) months old to qualify for reimbursement under the Article. All costs to update the prescription shall be borne by the employee.
ARTICLE 16 – LAYOFF
16.1 PURPOSE
This Article provides the procedure to be followed when an employee is to be displaced/laid off from their position.
16.2 DEFINITIONS
a. Layoff
A layoff shall be defined as the dismissal or displacement of at least one employee due to lack of work, lack of funds, abolishment of position, or for other reasons not reflecting discredit on an employee.
b. Seniority
(1) Classification Seniority: Classification seniority shall be defined as the effective date of probationary appointment to the employee's current job classification, less any time spent in a lower classification due to a downgrade. In the case of an employee who is demoted or whose position is reallocated in accord with the Rules and Regulations of the Civil Service Board, classification seniority for the reallocated or demoted employee shall be mutually established by the City and Council at the time of real location. Within a regression ladder, computation of classification seniority for a job classification lower than that in which the employee holds permanent status, the following seniority shall be counted: (a) classification seniority in any higher classifications within the regression ladder, and (b) previous classification seniority in the job classification in which the employee is currently working, and (c) present time spent in the job classification in which the employee is currently working, minus any seniority adjustments.
(2) City Service Seniority: City service seniority shall be defined as the effective date of appointment to the employee's first permanent career position.
44 (3) Hire Date Seniority: Hire date seniority shall be defined as the employee's first date of hire to any position with the City. (4) Seniority Adjustments: Classification seniority and City service seniority shall be adjusted (reduced) in calendar days to reflect time spent on layoff from City service.
(5) Termination of Seniority: Termination of classification seniority and City service seniority shall occur upon:
(a) Resignation, except that any employee who is reemployed and completes a probationary period, if any, in the position to which the employee was reemployed may count the seniority which they accumulated prior to resignation.
(b) Discharge.
(c) Retirement.
(d) Layoff in excess of five (5) consecutive years out of the City service.
(e) Failure to comply, report, or respond to a recall notice within fourteen (14) calendar days from the date of postmark on the recall notice.
c. Downgrade
A downgrade shall be defined as a change in job classification to which the top step is less than the top step of the employee's present classification, due to a layoff. A downgrade shall only be allowed to the appropriate classification within the employee's regression ladder. d. Regression Ladder
A regression ladder shall be defined as a classification series through which an employee may downgrade. Regression ladders for the Building Trades and Craft Unit are as follows:
(1) Electrician Supervisor
Senior Electrician
Electrician
(2) Electrician Lineworker
(3) Blacksmith Welder
(4) Machinist Supervisor
Machinist
45 Machinist Helper
(5) Senior Plumber
Plumber
Plumber Apprentice
(6) Senior Painter
Painter
(7) Structural Maintenance Supervisor
Senior Carpenter
Carpenter
(8) Stagehand II
Stagehand I
(9) Mechanical Maintenance Supervisor
Senior Sheet Metal Worker
Sheet Metal Worker
(10) Roofer
(11) Supervising Generator Technician
Senior Generator Technician
Generator Technician
e. Permanent Status
For the purposes of this layoff procedure permanent status is attained in a job classification when an employee has successfully completed the probationary period in that job classification.
f. Career and Non-Career
Career employees shall be those employees in positions which are in the classified service who are required to serve a probationary period. Non- career employees are all other employees covered by this Agreement.
16.3 PROCEDURE
a. Non-Career Employees
When layoff is to occur within a job classification within a department, all non-career employees in the regression ladder in which that job classification is found shall be laid off first. In no event shall a career employee suffer a layoff until all non -career employees in the affected regression ladder have been laid off. Non-career employees shall have no right to downgrade.
46 b. Career Employees
(1) Within each job classification in each department in which a layoff occurs, employees shall be laid off in the following order: first, all provisional employees; second, all probationary employees in the order of their classification seniority, beginning with the employee with the least such seniority; and, third, permanent employees in the order of their classification seniority, beginning with the employee with the least such seniority.
(2) Any provisional or probationary employee who is affected by a layoff or displaced by a downgrading employee shall return to the last department and job classification in which the employee holds permanent status, if any. If the employee does not hold permanent status in another job classification, they shall be laid off. If the employee does hold permanent status in another job classification, they shall then be treated as a permanent employee in that job classification with respect to any layoff in that job classification. (3) Any permanent employee who is to be laid off or displaced shall have the right to downgrade, within the department, in descending order, to job classifications within their regression ladder, provided that: (a) the employee meets all of the qualifications of the lower classification, and (b) can displace an employee in the lower classification. If there are any provisional employees in such lower classification, the provisional employee with the least City service seniority shall be displaced first. If there are no provisional employees in the lower classification, the probationary employee with the least City service seniority shall be displaced. If there are neither provisional nor probationary employees in the lower classification, the permanent employee with the least City service seniority shall be displaced, provided that the downgrading employee has greater City service seniority. If the permanent employee attempting to downgrade is unable to do so, they shall be laid off.
(4) Notwithstanding any other provisions of this Article, those City employees who have at least ten (10) years of continuous City service seniority and who are unable to downgrade within their current regression ladder shall have the right to return to their last classification in which they held permanent status, if the employee meets the qualifications of that classification, and shall have the right to downgrade through that regression ladder pursuant to Section
16.3(b)(3).
(5) An employee may accept layoff in lieu of the opportunity to downgrade by notifying Labor Relations within two (2) normal workdays of receiving notice of layoff. Where the employee accepts
47 a layoff in lieu of a downgrade, said employee shall forfeit all recall rights except to a vacancy within the same classification from which the employee was laid off.
(6) If two (2) or more employees have an equal amount of classification seniority, the senior employee shall be determined on the basis of greater City service seniority. If two (2) or more employees have an equal amount of City service seniority, the senior employee shall be determined on the basis of greater hire date seniority, then by random number, if necessary.
(7) The application of this procedure is not intended to extend job assignment, work organization, or departmental preference to any employee affected by a layoff.
c. Notice of Layoff
In the event of layoff, the City shall send by certified mail return receipt requested a layoff notice to all affected employee(s). Such notice shall be postmarked at least fourteen (14) calendar days in advance of the effective date of layoff. Such layoff notice shall be mailed to the employee's address in the City’s payroll system , and shall be deemed appropriate notice. The employee(s) who is on a paid or unpaid leave shall be affected by the layoff in accordance with the provisions of this Article in th e same manner as all other employees. However, the employee who is on sick leave or injury-on- duty status on the date of the layoff notice shall not be laid off or downgraded until the employee returns to work; except that the effective date for recall purposes shall be the date of actual layo ff as stated on the layoff notice.